HomeMy WebLinkAbout2004-09-21-9:00AM-RegularTHE CC
SESSIO]
COURT
SUITE 1
1. Ir.
2. C
Conside]
3. B
4. R
p,
5. P
6. P
7. R
E
a'
8.
?
9.
SEP 1'1
BRAZOS
~.~,,ZJ':L. Li. -;;~, ~ ~, ~',
r~y.~::~f,~'r~'- / ~ - ,OEPU'I'Y
BRAZOS
NOTICE OF MEETING
AND AGENDA
COUNTY COMMISSIONERS COURT
~IMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON 21 SEPTEMBER 2004 AT 9:00 A.M. IN THE COMMISSIONERS
OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TM STREET,
BRYAN, TEXAS.
ocation and Pledge of Allegiance - Judge Sims
L1 for citizen's input and/or concerns.
and take action on agenda items 3 - 23:
dget Amendment 03/04-47.1 thru 03/04-47.7
:luest by Narcotics Task Force for the Creation of a new Assistant Commander
;ition at Range 24, Step 5.
:sonnel Change of Status.
,ment of Claims.
tuest by the Narcotics Task Force for approval of an interagency agreement between
xzos County and the City of Navasota for the purpose of filing an amended joim grant
)lication.
uest by Risk Management for renewal of the Property and Casualty Insurance Texas
,lic Entity Group, underwritten by St. Paul Insurance Company.
)roval of the Contract with Brazos Family Medicine Residency for fiscal year 2005.
VOL PAGE
10. A
st
ll.A
12. A
y~
13. A
f~
14. A
Jt
15. R
16. R
17. C
E
18. R
19. fi
20. R
b
Commissioners Court Agenda
21 September 2004
Page 2
proval of the Contract with the Retired & Senior Volunteer Program, under the
~nsorship of the Brazos Valley Council of Governments for fiscal year 2005.
~roval of the Contract with Keep Brazos Beautiful for fiscal year 2005.
troval of the Contract with the Brazos Matemal& Child Health Clinic, Inc. for fiscal
2005.
proval of the Contract with Texas A&M University to maintain and operate the
ilities at Easterwood Airport for fiscal year 2005.
proval of the Contract between the Texas Youth Commission and the Brazos County
~enile Board for parole services.
quest from Information Technology for approval of the renewal of the software
~ort agreement with Zortec International for System Z software, Fiscal Year 2005
uest from Information Technology for approval to purchase two printers for the 272nd
;trict Court, to be used in the Judge Davis' office and courtroom.
nvass of the Election Results for the 11 September 2004 Special Tax Limitation
',ction.
quest by Purchasing for approval to purchase additional sound system equipment for
85th District Courtroom.
proval of the Contract with The Eagle for classified line advertising for the period of
lovember 2004 through 31 October 2005.
quest by Purchasing for approval of the 2004-2005 exemptions from competitive
[ding requirements for the following:
a. AIG Insurance
b. Akin, Gump, Strauss, Hauer & Feld, LLP
c. Alliance Transportation Group
d. AM/PM Clinics
e. Beaver Consulting
f. Ben E. Keith
g. Brooks Land Survey Co.
h. Bruchez, Goss, Meronoff, Thornton & Hawthorne
i. Bryan Freightliner
j. Bryan Texas Utilities
k. Buchanan Soil Mechanics
1. Butterkrust Bakery
m. CME Testing and Engineering
n. Cain's Coffee Service
o. Carlomagno Surveying, Inc.
p. Carmth Doggett
q. City of Bryan
2
Commissioners Court Agenda
21 September 2004
Page 3
ro
U.
V.
W.
X.
y.
Z.
aa.
bb.
CC.
dd.
ff.
gg.
hh.
ii.
jj.
kk.
I1.
mnl.
nB.
oo.
PP.
qq.
rt.
ss.
tt.
HU.
W.
WVq.
XX.
YY.
ZZ.
aaa.
bbb.
CCC.
ddd.
eee.
fff.
ggg.
hhh.
iii.
jjj.
kkk.
111.
mmm.
City of College Station
Conley Lott Nichols
County Indigent Health Care Program
Crescent Machinery
Dr. Raney Cherian
E. L. Lester
Family Psychological Service
Garrett Engineering
Glazier Foods
Goodwin-Lasiter, Inc.
Gulf Coast Trades Center
Hi-Way Equipment Co.
Hogans Trucks Unlimited
Horatio Chriesman Co.
Hunton Trane Services
Identix Corporation
Idexx Laboratories
Icon/Texas Copy
J. P. Bowlin
John Hamilton
Junction Five-O-Five
K. W. Brown & Associates
Kennedy-Holtkamp, Inc.
Labatt Food
Life Sign LLP
Lilly Dairy
Lone Star Grocery
Lutheran Social Services
Managed Network Systems
Municipal Development Group
Mustang Tractor
Normangee Tractor
Performance Food Group
Prater Equipment Co.
Public Financial Management
R. B. Everett
Raybon Metcalf Engineering
Riley Engineering
Rimstar International
Romco Equipment Co.
Rush Equipment
S. T. Lovett & Associates
Scarmardo Produce
Scott & White Clinics
Smith, Portia
Standard Coffee
Still Creek Ranch
Stong Survey
VOL PAGE
Commissioners Court Agenda
21 September 2004
Page 4
21.
22.
23.
2
24.
25.
26.
27.
nnn.
OOO.
PPP.
qqq.
rrr.
sss.
ttt.
UUU.
VVV.
WW'W.
YYY.
ZZZ.
aaaa.
bbbb.
CCCC.
dddd
eeee.
ffff.
gggg.
hhhh.
rill.
Sysco Food Services
TXU Gas/Oncor (Lone Star Gas)
Texas Commercial Waste
Texas Voting Systems
Thomas, Tracy
Tiburon, Inc.
U.S. Food Service, Inc.
Verizon
Washington Co. Tractor
Waste Systems Equipment, Inc.
Waukesha Pearce
Winkies Catering
The Counseling Center/Ms. Tammera Brown, LPC
Dr. Mahesh Dave
Department of Educational Psychology/Dave Lawson, Ph.D.
Department of Psychology/Doug Snyder, Ph.D.
Halt Control - Responsibility/Roy Luepnitz, Ph.D.
Pat Hicks, LCDC
Alex Quiros, LPC
Anna Satterfield, Ph.D.
Associates for Applied Psychology/Brian Stagner, Ph.D.
Brazos Abuse Intervention Program/Vernon Van Rooy, LPC
Brazos Valley Council on Alcohol and Substance Abuse/Benton Carey,
LCDC, Executive Director
ao
and approval of the Commissioners Court minutes for the following dates:
4 May 2004 Regular Meeting c. 18 May 2004 Regular Meeting
11 May 2004 Regular Meeting d. 25 May 2004 Regular Meeting
of Great Oaks Subdivision Phase One for Brazos County maintenance as the
(Great Oaks Drive, Arboleda Drive and Durrand Street) and drainage structures are
compliance with the County's Subdivision and Development Regulations. Site is
in Precinct 1.
the time and place of the regular Commissioners Court Meeting on 19 October
and possible future agenda topics.
for citizen input and/or concems.
/ Board / Committee reports by Court members.
The
Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
be made two business days before the meeting. To make arrangements, call (979) 361-4102.
COMMISSIONERS~ COURT
REGULAR MEETING
SEPTEMBER 21, 2004
A regular meeting of the Commissioners~ Court of Brazos
~nty, 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, September 21, 2004 with the
.lowing members of the Court present:
Randy Sims, County Judge, Presiding;
Eric Caldwell, Commissioner of Precinct 1, Absent;
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
~icials that were in attendance.
The County Judge gave the invocation and led the pledge
allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #03/04-47.1
· ough 47.7, which would reallocate funds for Commissioners
irt, Sheriff, Community Supervision Support, County
.orney, and County Judge and to allocate funds for
Cz 'tificates of Obligation issued 2004; to transfer funds from
~tingency to Commissioners Court and Community Supervision
~port. On motion by Commissioner Peters, seconded by
PAGE
t
a ached.
Cou~meet~gSeptember21,2004 2
sioner Mallard, the Court voted unanimously to approve
budget amendment as submitted, a copy of which is
The next matter before the Court was a request by the
:cotics Task Force for the creation of a new Assistant
position at Range 24, Step 5. On motion by
ioner Mallard, seconded by Commissioner Peters, the
C¢ irt voted unanimously to approve the request from the
Na :cotics Task Force and authorize the creation of a new
Ag istant Commander position at Range 24, Step 5.
The Court proceeded to consider the change of status of
~loyees as submitted on the attached Personnel Action
R~ uests. On motion by Commissioner Peters, seconded by
C¢ 'ssioner Mallard, the Court voted unanimously to approve
t~ changes as submitted.
The Court next considered the following Claims as
st mitted by the County Treasurer for payment:
Travel Advances 20067065 through 20067088
Claims 20067089 through 20067347
Oi motion by Commissioner Mallard, seconded by Commissioner
Pc , the Court voted unanimously to approve the Claims as
si ed.
The next matter for the Court's consideration was an
PAGE (,9
C(
I1
Ni
J~
T(
V
C-
S
b
C,
W:
V~
M~
T(
C¢
C¢
C¢
C¢
cc
c¢
~issionersCou~ meetingSeptember21,2004 3
erlocal Agreement between Brazos County and the City of
· asota to amend a joint grant application with the Criminal
3tice Division of the Office of the Governor, State of
<as. This is authorized by the Interlocal Cooperation Act,
.C.A. Government Code Chapter 791. Brazos County and the
y of Navasota have agreed to contribute the total of
34,112 for the Brazos Valley Narcotics Task Force. On motion
Commissioner Peters, seconded by Commissioner Mallard, the
~rt voted unanimously to enter into an Interlocal Agreement
;h the City of Navasota to contribute funds for the Brazos
Lley Narcotics Task Force.
The next matter before the Court was a request by Risk
~agement for renewal of the Property and Casualty Insurance
(as Public Entity Group, underwritten by St. Paul Insurance
~pany. On motion by Commissioner Mallard, seconded by the
lnty Judge, the Court voted unanimously to table
~sideration to allow more time to clarify some things.
The next matter before the Court was approval of a
~tractual Agreement between Brazos County and Brazos Family
~icine Residency for medical care of the County's poor. The
t to Brazos County will be $100,000.00. The term of the
tract is for twelve (12) months commencing on October 1,
4 and terminating September 30, 2005. On motion by
C(
Cc
C(
C(
V~
Ac
t~
t~
Jk
ur
R~
CC
Cc
t~
O(
V
~issionersCou~meetingSeptember21,2004 4
nmissioner Mallard, seconded by Commissioner Peters, the
~rt voted unanimously to enter into contractual agreement
:h Brazos Family Medicine Residency. A copy of the
~tractual agreement is attached.
The next matter before the Court was approval of a
ttractual Agreement between Brazos County and the Retired &
~ior Volunteer Program under the sponsorship of the Brazos
_ley Council of Governments, Brazos Valley Area Agency on
_ng to provide volunteers for various assignments. The cost
Brazos County will be $2,500.00. The term of the contract
for twelve (12) months commencing on October 1, 2004 and
:minating September 30, 2005. On motion by the County
]ge, seconded by Commissioner Peters, the Court voted
tnimously to enter into contractual agreement with the
~ired and Senior Volunteer Program. A copy of the
ttractual agreement is attached.
The next matter before the Court was approval of a
ttractual Agreement between Brazos County and Keep Brazos
~utiful for environmental education of the citizens of our
~unity. The cost to Brazos County will be $16,500.00. The
· m of the contract is for twelve (12) months commencing on
ober 1, 2004 and terminating September 30, 2005. On motion
Commissioner Peters, seconded by Commissioner Mallard, the
3L PAGE Y
Ct Cou~meetingSeptember21,2004 5
C( voted unanimously to enter into contractual agreement
w~ Keep Brazos Beautiful. A copy ef the centractual
a{ is attached.
The next matter before the Court was approval of a
C~ ~tractual Agreement between Brazos County and Brazos
M~ ;ernal & Child Health Clinic, Inc. for medical care to
p~ ~gnant women who qualify for such services. The cost to
B~ zos County will be $70,000.00. The term of the contract is
f¢ twelve (12) months commencing on October 1, 2004 and
minating September 30, 2005. On motion by the County
tge, seconded by Commissioner Mallard, the Court voted
tnimously to enter into contractual agreement with Brazos
~ernal & Child Health Clinic, Inc. A copy of the
ttractual agreement is attached.
The next matter before the Court was approval of a
~tractual Agreement between Brazos County and Texas A&M
Ur versity to provide air travel service for the citizens of
B1 zos County through its maintenance and operation of
terwood Airport. On motion by the County Judge, seconded
b' Commissioner Mallard, the Court voted unanimously to table
sideration to allow time to revise the contract wording and
reflect the correct dollar amount.
The next matter before the Court was approval of a
PAGE q
Cc
Y(
y(
d~
C¢
2(
P~
C~
Ac
C
S
S
pi
Ve
V
~issionersCou~meetingSeptember21,2004 6
atractual Agreement between Brazos County and the Texas
:th Commission to provide parole supervision and services to
:th. The cost to Brazos County will be $9.00 per youth per
The term of the contract is for twelve (12) months
mencing on October 1, 2004 and terminating September 30,
5. On motion by the County Judge, seconded by Commissioner
ers, the Court voted unanimously to enter into contractual
eement with the Texas Youth Commission. A copy of the
~tractual agreement is attached.
The Court next considered renewal of the Software Support
~eement with Zortec International for System Z Software for
;cal year 2005. The cost of this support contract is
900.00. On motion by Commissioner Mallard, seconded by
missioner Peters, the Court voted unanimously to renew the
}tware Support Agreement with Zortec International for
:tem Z Software for fiscal year 2005. A copy is attached.
The next matter before the Court was the purchase of two
.nters for the 272nd District Court. The total cost of the
.nters is $648.00. On motion by Commissioner Peters,
:onded by Commissioner Mallard, the Court voted unanimously
authorize the purchase.
The Court proceeded to canvas the results of the Special
.ue Project and Tax Election held September 11, 2004 to
)L PAGE /0
C£
d~
1
0
r~
Or
M~
t¢
e¢
S~
R~
t~
pi
2
d,
Cc
18
V
~issionersCoun meetingSeptember21,2004 7
:ermine whether Brazos County shall establish a tax
nitation on the residence homestead of a disabled individual
an individual 65 years of age or older. The County Judge
~d aloud the vote count as follows:
For 4325
Against 1918
motion by the County Judge, seconded by Commissioner
lard, the Court voted unanimously to accept as true the
als as tabulated by the County's automated tabulating
ipment and ordered the results to be certified to the
:retary of State and recorded in the Official Election
:ords of Brazos County. A copy of the election results as
)ulated is attached hereto.
The County Judge inadvertently skipped item number 18 and
>ceeded to consider agenda item number 19 that was the
>roval of the contract with The Eagle for classified line
~ertising. The term of the contract is from November 1,
,4 through October 31, 2005 and the cost $1.00 per line per
On motion by Commissioner Peters, seconded by
missioner Mallard, the Court voted unanimously to approve
contract. A copy is attached.
The County Judge went back to consider agenda item number
which is to consider the purchase of additional sound
)L PAGE
C£
a(
Cou~meetingSeptember21,2004 8
for the 85th District Courtroom. Cost of the
equipment is $520.00. On motion by Commissioner
Pc :ers, seconded by Commissioner Mallard, the Court voted
ur ~nimously to approve the purchase.
The next matter before the Court was the approval of the
2 )4-2005 exemptions from competitive bidding requirements.
Oi motion by the County Judge, seconded by Commissioner
P( :ers, the Court voted unanimously to table consideration
ur :il such time as it can be verified that all vendors still
n( ~d the exemption.
The Court next considered approval of the minutes of
t? Commissioners' Court meetings held in May 2004 on the
f¢ lowing dates:
Regular Meetings - 4th, 11th, 18th 25th
motion by Commissioner Peters, seconded by Commissioner
_lard, the Court voted unanimously to approve the minutes as
ted.
The next matter before the Court was the acceptance of
roads and drainages structures in Great Oaks Subdivision
se One for Brazos County maintenance. The site is in
~cinct 1. The roads, Great Oaks Drive, Arboleda Drive and
;rand Street are in compliance with the county's Subdivision
Development Regulations.
PAGE
On motion by Commissioner
Cc 2ourt meeting September 21, 2004 9
:ers, seconded by Commissioner Mallard, the Court voted
uI ~nimously to accept the roads and drainage structures in
G] ~at Oaks Subdivision Phase One for Brazos County
m~ [ntenance.
t~
Or
The Court next considered changing the time and place of
regular Commissioners Court meeting on October 19, 2004.
motion by the County Judge, seconded by Commissioner
ers, the Court voted unanimously to change the time from
6
0 p.m. to 9:00 a.m. and the location from the Brazos Center
the Commissioners
rthouse.
Courtroom in the Brazos County
Under announcement of interest items and possible future
~nda topics the following spoke:
Commissioner Mallard
a) Said there will be a meeting with State
Senator Steve Ogden and State Representative
Fred Brown at the Brazos Center on December
15th from 8:30 to 10:30 a.m. to discuss
upcoming legislative session. Any specific
topics you want discussed should be brought
to his attention.
Candy Gallego
a) Reminded the Court that there will be a
Public Hearing in the Commissioners
Courtroom on Friday beginning at 10:00 a.m.
to consider the re-plat of Evergreen
Estates.
There was no citizen input and/or concerns.
PAGE
Cc Court meeting September 21, 2004 10
m(
Under Agency/Board/Committee reports by Court
, the following spoke:
Commissioner Mallard
a) He met with the Intergovernmental Committee and
discussed tax breaks and freezes. There was an
update on the University Drive Project. Both
cities are working to create a boulevard. They
are trying to get funding from Representatives
John Carter and Chet Edwards.
b) He went over the agenda for the retreat at A&M
Farms scheduled on September 24, 2004 from 8:30
a.m. until 4:00 p.m.
County Judge
a) He is meeting with the City of College Station
to discuss the attempt by a group to buy an
apartment complex and take it off the tax
roles.
There being no further business to come before the
~rt, the meeting was adjourned.
Ti
B~ ~zos County, Texas.
D~ ~ne Peters
C( ~issioner, Precinct 2
mis~iener, PreCinct 4'
:est:
~n ~c~ueen
m~y Clerk
At
/
V
foregoing minutes of the Commissioners Court meeting held
tember 21, 2004 have been examined and are approved in open
~rt this the ~ day of ~m~D~ , 2005, in Bryan,
PAGE
Lloyd Wasserman
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
BRAZOS
MEETING
COUNTY COMMISSIONERS
COURT
200q' AT (~,'
Name Organization/Department
BRAZOG
MEETING
Name
COUNTY COMMISSIONERS COURT
ON .~'J-/-.. z ~/ 200~ AT
Organization/Department
O
following
The follo~
T~
2003 -200,
conditions
following
A
THE COi~
By:
Original:
Copies:
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEA1
NO. 03/04-47.1 thru 03/04-47.7
this the 21st day of September 2004 at a regular meeting of the Commissioners' Court, the
tembers were 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
ng proceedings were held:
AT WHEREAS, on 21 September 2004 the Court heard and approved a budget amendment for the
budget year for Brazos County, Texas.
IEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
vhich could not be reasonably included in the original budget adopted 12 September 2003 the
nendment(s) to the original are hereby authorized, as described on the attached page(s).
OPTED AND APPROVED this the 21 st day of September 2004.
vlISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
~dy~ms, County Judge
County Clerk's Office and
attached to the original budget
County Auditor
County Treasurer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-47.1
9/21/2004
FD I DI ACCT PROJ DIUCR ACCOUNT NAME Increase Decrease
01 110q 5 611300 CR Contingency 51,100.00
01 1101 1 533100 DR Retiree Health Insurance 51,100.00
doner's Court Administration
:ate funds to cover cost of County portion of retiree health insurance.
. 51,100.00 51,100.00
....... BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
................... No~. 03/~04-4~7.~2
9/21/2004
FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 i 280(] 1 610100 CR Advertising-LegalNotices 500.00
01 ~ 280(] 1 611100 CR Conference & Seminar Fees 691.00
01 280(] 1 613000 CR Estra¥ Animal Expense 1,000.00
01 280(] 1 721570 CR Counseling Services 495.00
01 28001 1 659500 DR Vehicle Maintenance 2,686.00
/
Administration
:ate funds to allow for needed repairs.
2,686.00 2,686.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-47.3
9/21/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 110015 611300 CR Contingency 11,475.00
01 260010 617300 CR Telephone - Lon~ Distance 1,500.00
01 260010 617400 CR Telephone 1,700.00
01 260010 618800 DR .Utilities 14,675.00
Communil Supervision Support
To realloca funds to cover the cost of utilities for the remainder of fiscal year.
14,675.00 14,675.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-47.4
9/21/2004
DIV ACCT PROJ
490900
634910 650500
634910
63491~
801010
801100
634910 802030 DR
634910 802890 DR
634910 804400 DR
634910 807100
DR/CR
DR
DR
DR
ACCOUNT NAME Increase Decrease
Proceeds from C.O. - Series 2004 5,000,000.00
Building Maintenance
Building Renovations
Building - JP Offices
Computer Hardware
Equipment - R&B
Land
400,000.00
25,000.00
400,000.00
80,000.00
800,000.00
Right-Of-Way Acquisition
Roads - Capital
1,390,000.00
250,000.00
634910 807150 DR 1,655,000.00
2004-
planned budgel ed expenditures approved in the certificate of obligation contract.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
............. ~ No~. 03~/04-4_7_._5
9/21/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 110015 611300 CE Contingency 60,000.00
01 110100 710400 DR Contract Placement 60,000.00
Commissi~ ers' Court- Court Support Costs
To increase hnds available for the cost of contract placement for the remainder of the fiscal year.
60,000.00 60,000.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-47.6
9/21/2004
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 180001 606000 CR Office Supplies 244.05
01 180001 672810 DR Equipment - Electronic 244.05
County At~ rney
To realloca~ funds to allow the purchase of a fax/copier and cover budget over-run in the
Minor Acq~ sitions cate ~,ory (6700).I
244.05 244.05
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 03/04-47.7
9/21/2004
FI) DIV ACCT PROJ D1UCR ACCOUNT NAME Increase Decrease
01 100001 606000 CR Office Supplies 140.00
01 100001 672810 DR Equipment - Electronic 140.00
County Ju~ ie
To realloc~ funds to allow for the ~urchase of a fax machine for the office.
140.00 140.00
VOL~"~ PAGE ~ ~
COUlJ
DEPA
PURP
DEPAR
CONSq
JUVEN1
TJP,
ROAD
NARCC
Approvel
County J~
(This co
PERSONNEL CHANGE OF STATUS
P
? DATE:
~TMENT:
'SE:
September 21, 2004
Personnel
Approve Personnel Change of Status
'MENT NAME EMPLOYEE NAME ACTION REQUESTED
BLE, PCT. 1 HUET, ROBERT F. RESIGNATION
SAYERS, SHAWN D. NEW HIRE
~ SERVICES
-STATE AID
POTTE~KELLY
ADD TJPC STIPEND
~D BRIDGE
COTRONE, JERRY
RETIREMENT
[C TASK FORCE LUCAS, JAMES S.
NEW HIRE
2004
Commissioners' Court: September 21, ~ ~/ ~
lge's or Commissioner's Signature:
to be attached to minutes)
STATE
County
This Agr~
the state
political
791 of thc
WITNES
WHERE
Criminal
amount o:
WHERE
matching
WHERE
applicatio
pertinent
1.01 TI
joi
2.01 Tt
INTERAGENCY AGREEMENT
F TEXAS
grazos
ment is entered into by and between the County of Brazos, a political subdivision of
f Texas, hereinafter referred to as "Brazos County", and the City of Navasota, a
bdivision of the State of Texas, hereinafter referred to as "City", pursuant to chapter
Fexas Government Code, concerning inter-local cooperation contracts.
;ETH
.S, Brazos County and the City wish to amend a joint grant application with the
ustice Division of the Office of the Govemor, State of Texas, for funding in the
g650,000 for the Brazos Valley Narcotics Task Force, and
.S, Brazos County and the City have agreed to contribute the total of $164,112 in
rods if said amendment is approved; and
.S, the source of funds would not normally be used for this purpose; and
.S, Brazos County and the City believe it to be in their best interests to join in the
to develop a Narcotics Task Force; and
S, Brazos County and the City agree to each accept the responsibility to adhere to all
:deral state and local laws or regulations.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I
PURPOSE
purpose of this Agreemem is to allow Brazos County and the City to file an amended
application for a grant with the Criminal Justice Division, which continues the
,os Valley Narcotics Task Force.
ARTICLE II
TERM
term of this Agreement is to commence on signing, and to end May 31, 2005.
Page 43
3.01 A
to
T~
4.01 T
G
5.01 U
a'
6.01
tc
7.01 Ir
ir
Cl
h,
INTERAGENCY AGREEMENT (Continued)
ARTICLE III
CONSIDERATION
consideration for this agreement, Brazos County and the City agree to contribute a
tl of $164,112 in matching funds for the enhancement of the Brazos Valley Narcotics
;k Force in the amounts as follows:
Brazos County: $164,112
City: $0
ARTICLE IV
ALLOCATION OF FUNDS
specific allocation of Brazos ,C,,ounty and the City funds is set out in the attached
mt Budget, marked as Exhibit "A , and made a part hereof for all purposes.
ARTICLE V
OWNERSHIP OF EQUIPMENT
on termination of this agreement, ownership of equipment, hardware, and other non-
~endable items will revert to the applicant for which it was acquired, subject to the
~roval of the Criminal Justice Division of the Governor's Office.
ARTICLE VI
AMENDMENTS
is agreement may be amended by the mutual agreement of the parties hereto in writing
~e attached to and incorporated into this agreement.
ARTICLE VII
LEGAL CONSTRUCTION
:ase any one or more of the provisions contained in this agreement shall be held to be
alid, illegal, or unenforceable in any respect such an invalidity, illegality, or
:nforceability shall not affect any other provision thereof, and this agreement shall be
~stmed as if such invalid, illegal, or unenforceable provision had never been contained
'ein.
8.01 Ti
be
ag
nc
EXECUT
INTER_AGENCY AGREEMENT (Continued)
ARTICLE VIII
ENTIRE AGREEMENT
s agreement supersedes any and all other agreements, either oral or in writing,
~ecn the parties hereto with respect to the subject matter hereof, and no other
:cmcnt, statement, or promise relating to thc subject matter of this agreement which is
contained herein shall be valid or binding.
D IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL
tND EFFECT OF AN ORIGINAL, ON THIS THE ~7> DAY OF
., 2004.
Randy S~, County Judge
Braz°s~]~ty
EXECUT[~D IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAV. I]~ THE FULL
~ FO~CE~D EFFECT OF AN ORIGINAL, ON THIS THE ,~C~ ~ DAY OF
,2004.
Pat Grune Mayor
City ofN~ 'asota
Page 45
I Grant Budget Form
!1. a) Legal Name Organization: Brazes County
b) Title of Projec~ Brazes Valley Narcotics Task Force
c) Grant Period:I From: I 6/1/2004 I To: I 5/31/2005 I
d) Crant Nu? DB-01-A10-13867-05
ITER Minimum Match Percentage
(If Applicable): 25% 3. ENTER CJD Requested Amount: $650,000
4. ENTER Progra~ Income Applied to this Budget
(If Applicable): $101,051
5. Minimum Match Amount: $216,667 6. Total Project Cost Amount: $866,667
BUDGET DETAIL ' '" ....
PERSONNEL Salary %
Applied to the
Grant CJD Funds Cash Match In-Kind Match Total
Assistant Comma~ Jr- Deputy - Brazes County
~Sheriff Dept; Dutie: nclude first line supervision of
investigators, ravia and approval of reports,
preparation of assi, iments and training schedules,
maintenance and i: ue of equipment, supervision of
training and maintE ance for canine team, and
providing necessar assistance to commander,
including handling )erations in absence of
comma nder. 100.00% $58,308 $1,344 $59,652
Assistant Comman ,~r- Deputy - Brazes County
Sheriff Dept; Dutie,~ nclude first line supervision of
investigators, ravia' and approval of reports,
preparation of assi(. ~ments and training schedules,
maintenance and i,~ ue of equipment, supervision of
training and mainte ~nce for canine team, and
providing necessar assistance to commander,
including handling ( ~erations in absence of
commander. **This nine months of a new position
to be funded by the )ss of two College Station PD
positions.**
100.00% $44,899 $44,899
Investigator - Depu - Brazes County Sheriff Dept;
Duties include und( ;over operations, informant
management, sear( warrant execution, and case
preparation and ma agement. Will develop criminal
and civil cases aga st drug traffickers, users, and
organizations.
100.00% $54,144 $1,682 $55,826
Investigator - Depu~ - Brazes County Sheriff Dept;
Duties include und( ;over operations, informant
management, sear( warrant execution, and case
preparation and ma ~gement. Will develop criminal
and civil cases agai st drug traffickers, users, and
organizations.
100.00% $54,144 $2,097 $56,241
Investigator- Depul - Brazes County Sheriff Dept;
Duties include und~ :over operations, informant
management, sear( warrant execution, and case
preparation and ma ~gement. Will develop criminal
and civil cases agai ~t drug traffickers, users, and
organizations.
100.00% $54,144 $1,682 $55,826
Pa~Telof5 ~,'0[. ~ F~{~[ ~) BudgetForm
Investigator- De y - Brazos County Sheriff Dept;
Duties include uno[ rcover operations, informant
management, seaI h warrant execution, and case
preparation and mI r~agement. Will develop criminal
and civil cases ag~ mst drug traffickers, users, and
organizations. /
100.00% $52,842 $52,842
Investigator- Offic~ - Bryan Police Dept; Duties
include undercoveI ~perations, informant
management, sea~ h warrant execution, and case
preparation and mI lagement. Will develop criminal
and civil cases ag~ 1st drug traffickers, users, and
organizations. / 0.00% $0 $0
Assistant Auditor-I Irazos County; Duties include
administering, tracI ng, and documenting financial
expenditures and~ imbursements related to the task
force and the ByrnI funding source.
/
25.00% $10,219 $10,219
Administrative AssI tant- Brazos County; Duties
include managems[ t of evidence and property,
imaintenance of puI hasing, budgetary, forfeiture,
training and attendI 1ce records, daily operation of
office including ciet ling, and other administrative
duties as required.I 100.00% $39,277 $807 $40,084
Office Secretary -EI azos County; Duties include
typing, filing, minaI ng switchboard, maintenance of
case files, data ent[ ', tape transcription, and other
duties as required.I 100.00% $30,684 $2,274 $32,958
Legal Secretary -EI )zos County; Duties include
drafting prosecutorI documents for criminal and civil
cases, tracking ass[ forfeiture proceedings, warrant
preparation, filing c] Jrt settings, and providing
assistance to pros1 utors in task force cases.
/
66.67%
$24,674
$340
$25,014
Intelligence Analys~ Sergeant- Army National
Guard; Duties incluI ~ case support via anlysis of
investigative informi Iion, use and maintenance of
:technical equipmer1 and CLERIS and other data
manipulation. ] 0 · 00~~ °~/°,, ..... $~ ............. ~ .............. $0
CONTRACTUAL A D PROFESSIONAL SERVICES CJD Cash In-Kind Total
Commander- Lieu! lint - Bryan Police Dept;
Responsible for ow all operation of the task force to
include all aspects personnel and budget
management; Rep( :s directly to Project Director.
$87,568 $87,568
Investigator- Office - Bryan Police Dept; Duties
include undercover )erations, informant
management, sear( warrant execution, and case
preparation and ma agement. Will develop criminal
and civil cases aga st drug traffickers, users, and
organizations. $52,555 $52,555
Investigator - Depu~ - Grimes County Sheriff Dept;
Duties include und( ;over operations, informant
management, sear( warrant execution, and case
preparation and ma ]gement. Will develop criminal
and civil cases agai st drug traffickers, users, and
organizations.
$35,139; $3,061 $38,200
Investigator - Depl y - Grimes County Sheriff Dept;
Duties include un~ rcover operations, informant
management, seaI h warrant execution, and case
preparation and n~ ~agement. Will develop criminal
and civil cases agJ 1st drug traffickers, users, and
organizations. **TI~ is nine months of a new position
to be funded by th~ loss of two College Station PD
positions.** /
$28,650 $28,650
Investigator - OfficI '- Navasota Police Dept; Duties
include undercoveI )perations, informant
management, seaI 1 warrant execution, and case
preparation and m~ ~agement. Will develop criminal
and civil cases ag~ ~st drug traffickers, users, and
organizations. **TI1 is nine months of a new position
to be funded by th(~ oss of two College Station PD
positions.** / $31,241 $31,241
Investigator- DAIr~ estigator- Madison County
District Arty Office;I ,uties include undercover
operations, inform~ t management, search warrant
~execution, and casI preparation and management.
Will develop criminI and civil cases against drug
traffickers, users, a~ :1 organizations.
$41,889 $4!,889
~I~AVELAND TRI ~IING CJD Cash In-Kind TOtal
In-state travel for p ject personnel training - per diem
$30/day, $70/night ,r hotel, rental car, parking and
airfare if necessary t lowest possible costs.
Expenses will be in ,ccordance with Brazos County
travel policy. $4,700 $4,700
Tuition for in-state I oject personnel training at non-
DPS events. $800 $800
In-state investigativ travel for project personnel.
Expenses will be in ccordance with Brazos County
itravel policy. $700 $700
EQUiPMEN, iT ~ CJD Cash In-Kind Total
~ ......................................... $0
SUPPLIES AND DI ECT OPERATING EXPENSER CJD Cash In-Kind Total
Office telephones (I ;al) - Telephone bills estimated
at $800 per month I ~es 12 months. $9,600 $9,600
Office telephones (I ~g distance) - Long distance bills
estimated at $83.3.! ~er month average for 12
months. $1,000 $1,000
Pager rental - Annu cost for fourteen state-wide
pagers. $1,241 $1,241
Gas and oil - Cost i: aased on an average of fifteen
cents (15¢) per mile ar 770 miles per vehicle for
thirteen (13) vehicl6 for 12 months. This line item
also takes into accc r~t gas and oil for raid vehicle,
rental cars when the leed arises, undercover
vehicles, and speci; zed surveillance vehicles.
$20,000 $20,000
Equipment mainten ~ce - Cost is based on estimated
expenses to repair' ~sk Force equipment including
but not limited to ca eras, recorders, surveillance
electronics, etc. $1,500 $1,500
Page 3 of 5 "0~. ~l;2~ p~[ ~2~ Budget Forrn
' I
Police equipment Funds will be used to purchase
non-capital items1 r investigative use.
/
Confidential funds~ Costs associated with purchase
of evidence, purcl1 se of information from confidential
informants, and p~ :hase of services related to
undercover and s1 ceillance work.
/
Office / miscellane~ us supplies - Cost is based on
previous years' ex] .roses and includes folders, tape,
staples, envelope~ note pads, postage, calendars,
film, cassette andI deo tapes, batteries, pens,
pencils, and itemsI ssociated with running an office.
This line item will~ ;o include the annual P.O. Box
rental fee of $104.~ and security bonds at a cost of
$50.00 each for thI Commander and the
Administrative Ass~ rant. In addition this line item will
cover cleaning / h:~ ~ene supplies for the office such
as soap, towels, cq ~ning solutions and cleaning
equipment like mo~ and brooms etc. This item
further covers ite~ including latex gloves, drug
testing kits, urine tJ ;ts and other miscellaneous
supplies needed in~ he day-to-day operations of the
Task Force. /
Copier / computerI ~pplies - This line item will include
computer and copi~ paper, computer and copier
toner, staples forc~ )ier, cartridges for printers and
minor items that m~ need frequent replacement
such as computer1 ce, pads, plugs, cables, etc.
/
Cellular telephone~ Expenditure is based on an
average cost of $3~ DO per phone per month times
fourteen phones foI welve (12) months. Billing is
handled on a Gov1 ~ment Contract Rate.
/
Vehicle maintenan(~ and repair- This line item
includes vehicle oilI nd filter changes, repair and
replacement of tiret windshield and window
ireplacement and re~ air, motor and transmission
'repairs, and othert neral repairs and maintenance.
/
Vehicle insurance -I ~ased on estimated expense of
insurance cost fro~ ~razos County Risk
Management DepaI ~ent on vehicles. Also, forfeited
vehicles are sometiI es used for short-term
operations and req~ 'e temporary insurance
coverage.
911 computer linefI ;s - Annual cost of use of
dispatcher servicesI /ith Brazos County 911 District.
/
Office alarm monito~ ~g fees ~ Cost based on alarm
monitoring fee of $1~ .95 per month for twelve (12)
months.
Canine maintenancI - Cost based on estimate of
expenses includingI og food, supplies, vet services,
leashes, collars, keJ leis, flea spray / treatment, etc.,
associated with theI are and maintenance of drug
detecting dog. /
~ago 4 of 5 /
1
$1,500 $'1,500
$1,000 $42,865 $43,865
$5,000 $5,000
$900 $900
$6,384 $6,384
$7,752 $7,752
$7,500 $7,500
$1,321 $1,321
$240 $240
$2,000 $2,000
Budget Form
IOffice rental and intenance - Cost based on lease
Ipayment of $30001~r 12 months, including utilities.
This line item also
of maintenance or
INDIRECT COST
Which the Indire(
BUDGET CATE~
PERSONNEL
CONTRACTUAL
TRAVEL AND TR
EQUIPMENT
SUPPLIES AND I
TOTAL DIRECT C(
INDIRECT COST
TOTAL:
Page 5 of 5
ontains $1000 for estimated cost,'
he building.
$37,OO0
(the Direct Costs Against CJD Direct
Rate is Char~led) Costs
BUDGET SUMMARY
ORIES
CJD
Match Direct
Costs
CASH
$315,375 $118,186
',ID PROFESSIONAL SERVICES $224.487 $55,616
INING $6,200 $0
RECT OPERATING EXPENSES
$0
$103,938
$650,000
$o
$650,000
Total Match:
Actual Match Percentage Applied to this Budget:
IDB-01-A10-13867-05
;TS:
;rant Number:
$0
$42,865
$216,667
$0
$216~667
$216
Indirect Rate
IN-KIND
$0
$0
$0
$0
$0
$0
$0
$0
867
25.0%
$37,000
Total
$o
TOTAL
$433,561
$280,103
$6,200
$0
$146,803
$866,667
$0
$866~667
Budget Form
1. a) Legal Name of Or,
b) Title of Project:
c) Grant Period:
d) Grant Number:
2. a) ENTER Source
income, city, county,
Match & Generated Program Income (GPI) Form
lization: I Brazos County
Brazos Valley Narcotics Task Force
From: I6/1/2004 I To:
IDB 0t-^ 0-13867-05
05/31/05
2. b) ENTER
Amount:
Cash Match (ex: program
CASH MATCH SOURCES AND AMOUNTS
2. b)
Amount:
2. a) ENTER Source of Cash Match (e.x: program income,
city, county, etc.):
salary and fringe) $ 52,555
and fringe) $ 52,842
ge) $ 10,219
is $59,893 more than
the College Station PD $ 101,051
been removed.**
Brazos Counb
Brazos County (Asst
Generated Program
originally budgeted
commitment for that
The information requ
Even though some pr(
Page 1 of I
Total Cash Match
PROGRAM INCOME REPORTING
$ 216,667
;ted below is not calculated in the computations as part of this grant application. It is for reporting purposes to CJD only.
ram income may be listed as "CASH MATCH" within the Budget Form, alii program income on-hand mUst be shown below.
3. ENTER Program Income On-Hand as of the grant application submission date.
$134,055
Cash Match - Program Income
CONTRACT
CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
by and through its duly elected County Commissioners (hereinafter "County"), and the
Family Medicine Residency (hereinafter "Provider"), located at 1301 Memorial Drive,
,uite 200, Bryan, Texas 77802,
Si
WHEREAS, the medical care of the County's poor and indigent has become a growing
and
WHEREAS, the County recognizes that good medical care of individuals and families
emphasizes prevention, care management, and appropriate acute care results in less costly
expenses for the Community and in a more productive work force; and
the County is interested in promoting such care through the Provider,
NOW THEREFORE the parties above stated agree to the following terms and conditions
provide such indigent health care.
The contract shall continue in force and effect for a term of twelve (12) months
on the 1 st day of October, 2004 and temfinating 30th day of September, 2005.
CANCELLATION
This contract may be canceled by any of the parties hereto upon sixty (60) days written
as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staffto qualified
' residents pursuant to the guidelines currently implemented for making such determination:
exams, educational information, information on sources of prescription medication
access to "sample" or subsidized medications, coordination of physician care during
gpitalization (herein "services").
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be used to pay the partial
ary of a faculty physician for supervisory purposes and the partial salary of three (3) resident
?sicians, and the partial salary of a social worker. The County and Provider acknowledge that
he County's purpose in providing funds hereunder is to provide medical assistance to qualified
pplicants and that the funding of salaries for the trained personnel of Provider is designed to
ccomplish that goal.
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider for actual cost of the parts of the salaries up
maximum of One Hundred Thousand and No/lO0 Dollars ($100,000) for the term of this
!ontract.
sum shall be paid quarterly as in the previous year.
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following Services pursuant to this
1
Completing all necessary application forms to potentially eligible individuals.
Obtaining and compiling information on each applicant for Provider's Services with regard
residency and financial qualifications.
Maintaining this Contract.
Provision of the Provider's Services as defined herein.
Maintaining data files on clients/patients and the Services provided thereto.
Responding to all and any inquiries by the County regarding the Clinic and its Services.
Assisting the County with information needed for audit purposes.
Providing the County with quarterly financial statements.
the County with any and all certified audits of Provider and the management letter
in connection therewith.
financial statements evidencing how County funds are spent. Such statements to be
County one week 15rior to the funding dates set forth herein above.
Providing the County with statistics evidencing the number of Brazos County residents Using
Provider's Services and the percentage Brazos County residents comprise of the total
using Provider's services.
RESPONSIBILITY OF COUNTY
?he County shall be responsible for the following duties and requirements.
Provide County funds for the payment of the consideration stated herein.
Conduct a review of the Provider's performance in providing the Services to be provided
~reunder in order to assess County's continued participation in the funding of the Provider.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to those
tdividuals using its services and all financial records of the Clinic. The Provider agrees to
taintain and make available for inspection by the County upon request consistent with personal
fivacy and subject to the limitation of state law, any and all records the County determines, in its
~le discretion, to be necessary for the County to justify its continued participation in supporting
te provider with funding. Such records shall be retained for at least four (4) years from the date
~e service was provided. These records shall be made available for inspection and audit by the
ounty, if it so desires.
DISCR/MINATION
The Provider shall not discriminate against any employee or applicant for employment
;cause of race, color, religion, sex, or national origin. The Provider shall take affu-mative action
ensure that applicants who are employed are treated during employment, without regard to
eir race, color, religion, sex, or national origin. Such action shall include, but not be limited to,
e following: employment, upgrading, demotion, or transfer; recruitment or recruitment
.vertising; layoff or termination; rated of pay or other forms of compensation; and selection for
truing, including apprenticeship. The Provider agrees to post in conspicuous places, available to
aployees and applicants for employment, notices setting forth the provisions of this
~ndiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless
~m and against all suits, claims, demands, liabilities or actions resulting or alleged to result from
breach, violation or non-performance of the Services stated herein and for any damage to any
rson resulting from any act o..r omission or negligence on the part of each party hereto.
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and not any
ployee or agent of the County and that each shall maintain at its own expense, adequate
~ility insurance to insure against damages and liabilities which may arise due to the duties and
iigatious contracted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
County who exercises any function or responsibility in connection with the
out of this Contract or the Services to which it relates has personal interest, direct or
in this Contract.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of
o~
ot
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
)r by mailing it, registered mail to the other party at the following addresses:
Family Medicine Residency Program
Dennis LaRavia, M.D., CEO and Program Director
301 MEMORIAL DRIVE, SUITE 200
TEXAS 77802
COUNTY
COMMISSIONERS COURT
COUNTY COURTHOUSE
26TH STREET, SUITE 114
TEXAS 77803
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any
documents which may be necessary to carry out the provisions of this Agreement.
In the event that any of the provisions or portions thereof, of this Agreement, are held to
invalid by any court of competent jurisdiction, the validity and enforceability
remaining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
Agreement contains the entire understanding between the parties hereto concerning the
eot matter contained herein. There are no representations, agreements, arrangements, or
oral or written, between or among the parties hereto, relating to the subject matter
Agreements, which are not fully expressed herein.
ASSIGNABILITY
~[afeh'McQueen, County Clerk
Provider shall have the right to assign this Contract and any of its rights hereunder to a
vholly owned subsidiary or to a corporation with which it may be merged without prior written
:onsent of the County; otherwise, this Contract is not assignable by the Provider without the prior
~ritten consent of the County.
DATED this,.2! day of.~~ _~7~ 2004.
By: ~ ~~..~ ~
Randy S~,~udg[
Brazos ~_ 'ly Medic~i~ Program
Dennis A. LaRavia, M.D.
CEO/Program Director
Brazos
Brazos
referre¢
followin
Brazos £
before 1~
and mail
RSVP a
establist
be chan
address tl
for:
· V
·
·
· Sc
fo
· Se
· Se
The term:
Volunteez
communil
CONTRACT FOR SUPPORT BY BRAZOS COUNTY, TEXAS
>unty, Texas and the Retired & Senior Volunteer Program, under the sponsorship of the
alley Council of Governments Brazos Valley Area Agency on Aging and hereinafter
~ as RSVP for the covenants and consideration herein expressed, mutually agree to the
terms and conditions:
L
,unty, Texas agrees to pay the total sum of_$2,500., to RSVP in a single payment on or
.rch 31, 2005. All payments will be payable to the Retired and Senior Volunteer Program
:1 to their current address: PO Drawer 4128, Bryan Texas 77805-4128.
lie
~es to provide the service of its program to the citizens of Brazos County. There is not
t any definite program of assignments; but, the number of volunteers and assignments can
throughout the term of this contract by agreement of all parties. RSVP does agree to
mutual goals of RSVP and Brazos County, Texas by assisting with volunteer recruitment
[unteer tax preparation for residents of Brazos County.
dor volunteers serving in programs sponsored by Texas Coop. Extension
dor volunteers assisting with library programs.
tior volunteers assisting with area youth activities.
~or volunteers assisting with county health department and clinics.
ior volunteers providing cler/caI support to county and city offices.
ior volunteers assisting Brazos County Emergency Management with a Volunteer Center
Annex T Donations Management
ior volunteers providing support as CERT team volunteers
ior volunteers graduating from the Disaster Volunteer Academy
~fthis contract w/II be October 1, 2004 to September 30, 2005.
me
>lacements will be made as appropriate at volunteer workstations throughout the
All workstations will have a signed Memorandum of Understanding on file with RSVP.
Any inv
propert)
and dist
Volunte,
departm
The Co~
whateve~
forth her
The Volt
consider~
bettenm
Since th,
who acc
Voluntee
ation of literacy or artistic production arising out of an assignment shall be the exclusive
>fthe Volunteer Station and the Volunteer shall have the right to produce additional copies
bute to the general public. Volunteer Station my consent to other uses by the Volunteer.
· s shall comply with all the rules and standards exercised by the employees in the
at to which she or he is assigned.
Vie
ty Judge or his delegate shall have the authority to represent Brazos County and make
further agreements necessary to administer and effectuate the terms and conditions set
in.
tteers will not receive any pay from a Volunteer Station for their services, they will not be
. an employee and this service will be considered as voluntary contribution to the
of the community and the public purpose of Brazos County.
lolunteer is not a party to this agreement, the Volunteer Station may require Volunteers
.t service to sign other instruments setting forth other terms and conditions between the
Station to amend or rescind this contract by mutual agreement.
contract'
WHEREOF, the parties to this agreement have set their hands for the above stated
the ,.2 I~>[- day of_~_3~_.F__, 2004.
Executive~ _
RETIR, L~ & 81~NIO1LVOLUNTEER PROGRAM
(
Projec~'Dire~
County Jud/~
STATE OF TEX
COUNTY OF BI
This is an
"COUN~
Inc.") a n,
WHEREy
dedicated
through p
beautiful,
NOW, TI-
Keep Bn~
ho
Be
CONTRACT FOR SERVICES
KEEP BRAZOS BEAUTIFUL, INC.
,s §
§
kgreement by and between the COUNTY OF BRAZOS (hereinafter referred to as
~') and KEEP BRAZOS BEAUTIFUL, (hereinafter refenvxl to as ("Keep Brazos Beautiful,
~-profit organization for the improvement of Brazos County.
9, Keep Brazos Beautiful, Inc. is a volunteer environmental educational organization
~ contributing to the economic vitality, safety, health and quality of life in Brazos County
~grams that educate and engage Brazos County citizens to keep our community clean and
y preventing and eliminating litter and illegal dumps, recycling, minimizing waste,
and improving their surroundings; and
:~REFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties
lows:
Beautiful, Inc. shall provide services to the COUNTY as follows:
Assist in the coordination and publicity for the yearly Christmas tree recycling, telephone book
recycling events, and Household Hazardous Waste Collection Events, act as a clearinghouse
For information from area residents on recycling, and provide information concexning Citizen
Uollection Stations in rural Brazos County, on their website and as requested.
Educate the community on the need .to recycle and to buy recycled products through the use
tisplays, public speaking engagements, and "Texas Recycles Day" events.
~ssist in training area teac~ and students on the importance of litter prevention, recycling,
· e-use, and buying recycled products, provide presentations in area schools, museums and
fivic clubs, maintain a lending library to assist teachers in teaching with these environmental
ssues. Provide positive environmenta!..Jeadership and volunteer opportunities to Brazos
2ounty Youth. '-
['he Executive Director shall serve on the Solid Waste Advisory Committee (SWAC) of the
]razos Valley Council of Governments (BVCOG) to promote environmentally sound waste
nanagement practices in the Brazos Valley.
h'omote all "Ad°Pt-a-Road Programs in the county through public outreach in printed
naterials and website.
'erform an annual "Litter Index" survey of the Brazos County and provide the scores to the
~ommissioners Court.
)rganize volunteers to assist in cleaning illegal dumps in Brazos County. Act as an
aformafion resource to citizens, law enforcement officials, prosecutors, and the
~ommissioners Court about issues relating to illegal dumping in Brazos County.
Iq
I.
Keep Br~
Five Hun
and open
documen
required
2. Keep
Judge
Brazc
300 E
Brya~
4. Itisu
limite
Keep
liable
5. Either
Notie~
often
SIGNED this
Promote a "Memorial TREES Program" to plant trees in Brazos County.
Plant wildflower seed along public roadways in Brazos County.
Provide positive reinforcement through a variety of award programs such as the Business and
Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards.
os Beautiful, Inc., Inc. will be funded by the COUNTY in the mount of Sixteen Thousand
red Dollars ($16,500) from the COUNTY 2004-2005 Fiscal Year funds to be used for salaries
lng expenses. Keep Brazos Beautiful, Inc. shall maintain fiscal records and supporting
~tion in the form of canceled checks, payroll records, invoices, and/or other documentation
x all expenditures of funds made under this agreement.
trazos Beautiful, Inc. shall submit a financial statement to the COUNTY annually.
ices and documentation required to be sent to the COUNTY shall be forwarded to
~mdy Sims
County Court House
6th St. Suite #114
TX 77803
terstood and agreed that the COUNTY'S participation in Keep Brazos Beautiful, Inc. is
to the contribution of funds. COUNTY, at no time, shall be liable or responsible for acts of
razos Beautiful, Inc., its agents or employees. Keep Brazos Beautiful, Inc., at no time shall be
r responsible for acts of BRAZOS COUNTY, its agents or employees.
~f the parties shall have the right to terminate this Agreement in whole or in part at any time.
to terminate this Agreement will be given in writing at least thirty (30) days prior to the date
[nation. The notice shall include the reasons for such a termination, the effective date of the
fion and, in the case of partial termination, the potion of the Agreement to be terminated.
dayof i , 20o4
/~ty Jtidge '
County Clerk
CONTRACT
TEXAS,
the
3370
RECITAL
CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY,
ng by and through its duly elected County Commissioners (hereinafter "County"), and
2HILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at
Suite G, Bryan, Texas 77802,
problem;
healthier
and the
the medical care of the County's poor and indigent has become a growing
the County recognizes that good medical care of pregnant women results in
ties and less costly medical expenses incurred for the child in the future by the parents
and
provide
the Court is interested in promoting such care through the Provider,
the parties above stated agree to the following terms and conditions to
indigent health care.
TERM
on the 1st
shall continue in force and effect for a term of twelve (12) months commencing
of October 2004 and terminating 30th day of September 2005.
CANCELLATION
as providec
~ be canceled by any of the parties hereto upon sixty (60) days written notice
SERVICES TO BE PERFORMED BY PROVIDER
Pro
women
such
needed,
shall provide the following services through trained, salaried staff to pregnant
qualify for such services pursuant to the guidelines currently implemented for making
interviews, lab work, physical exams, educational information and medicine as
"Services").
USE OF COUNTY FUNDS
of the Dire
hereto and
County's p
furnished to Provider as stated herein below shall be used to pay the partial salary
Ior of Provider and the salaries of other staff as described in Enclosure (1) attached
~ade a part hereof for all purposes. The County and Provider acknowledge that the
rpose in providing funds hereunder is to provide medical assistance to qualified
applicants
accomplisl
Th~
Exhibit "A
term of thi
Th~
De,
Ma
Jun
Se
Pr~
o
4.
5.
6.
7.
8.
9.
nd that the funding of salaries for the trained personnel of Provider is designed to
that goal.
COUNTY'S LIABILITY FOR PAYMENT
County agrees to reimburse the Provider for actual cost of the salaries as stated on
up to a maximum of ~.Thousand and No/100 Dollars ($geS;000:0~ for the
Contract. ,mc~ e_,~,~ "70~ 0007
sum shall be paid upon the following dates and in the following amounts:
~mberl5,2004
:h 15,2005
15,2005
:mberl5,2005
$21,250.00
$21,250.00
$21,250.00
$21,250.00
RESPONSIBILITIES OF PROVIDER
ider will be responsible for providing the following Services pursuant to this Contract:
All necessary application forms to potentially eligible individuals.
Obtaining and compiling information on each applicant for Providers Services with
regard to residency and financial qualifications.
Maintaining this Contract.
Providing of the Provider's Services.
Maintaining data files on clients and the Services provided thereto.
Respond to all and any inquiries by the County regarding the Clinic and its Services.
Assist the County with information needed for audit purposes.
Provide the County with quarterly financial statements.
Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10.
11.
Thc
1.
2.
Provide financial statements evidencing how County funds are spent. Such
statements to be submitted to County one week prior to the funding dates set forth
herein above.
Provide the Court with statistics evidencing the number of Brazos County residents
using the Provider's Services and the percentage Brazos County residents comprise of
the total population using Provider's Services.
RESPONSIBILITY OF COUNTY
Zounty shall be responsible for the following duties and requirements:
Provide County funds for the payment of the consideration stated herein.
Conduct a review of the Provider's performance in providing the Services to be
provided hereunder in order to assess County's continued participation in the funding
of the Provider.
RECORD RETENTION
Tl?,~rovider shall be responsible for record keeping on all Services provided to those
individuals~l~sing its services and all financial records of the Clinic. The Provider agrees to maintain
and make a~ailable for inspection by the County upon request consistent with personal privacy and
subject to t~ limitation of state law, any and all records the County determines, in its sole discretion,
to be neces[~ary for the Court to justify its continued participation in supporting the Provider with
funding.
provided.
desires.
The
because of:
ensure that
color, religi
employme~
terminatior
apprentices
applicants
Th~
and againsl
ch records shall be retained for at least four (4) years from the date the service was
hese records shall be made available for inspection and audit by the County, if it so
DISCRIMINATION
Provider shall not discriminate against any employee or applicant for employment
.ce, color, religion, sex, or national origin. The Provider shall take affirmative action to
pplicants who are employed are treated during employment, without regard to their race,
n, sex, or national origin. Such action shall include, but not be limited to, the following:
, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
rated of pay or other forms of compensation; and selection for training, including
ip. The Provider agrees to post in conspicuous places, available to employees and
.r employment, notices setting forth the provisions of this nondiscrimination clause.
INDEMNITY
>arties hereto agree to indemnify one another for and hold one another harmless from
tll suits, claims, demands, liabilities or actions resulting or alleged to result from the
breach, vi~
resulting
employee
insurance'
contracted
Th
employee ~
out of this
Contract.
Th
All
such notic,
ation or non-performance of the Services stated herein and for any damage to any person
any act or omission or negligence on the part of each party hereto.
INSURANCE
parties hereto agree that the Provider shall be an independent contractor and not any
r agent of the County and that each shall maintain at its own expense, adequate liability
, insure against damages and liabilities which may arise due to the duties and obligations
br herein.
COUNTY INVOLVEMENT
County and Provider state that to the best of their knowledge, no officer, agent or
?the County who exercises any function or responsibility in connection with the carrying
'.ontract or the Services to which it relates has personal interest direct or indirect, in this
GOVERNING LAW
Agreement shall be executed in and shall be governed by the laws of the State of Texas.
NOTICES
~otices required to be given hereunder shall be deemed to be duly given by delivering
or by mailing it, registered mail to the other party at the following addresses:
BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC.
3370 SOUTH TEXAS AVE, SUITE "G"
BRYAN, TEXAS 77802
BRAZOS COUNTY
C/O COMMISSIONERS COURT
BRAZOS COUNTY COURTHOUSE
300 E. 26TH Street, Suite 114
BRYAN, TEXAS 77803
4
Ua
further do
In
be unenfo
of the rem
Th
the subjec
understam
matter of 1
Pti
wholly oK
consent ot
prior writt
D~
ATTEST:
FURTHER ASSURANCES
h party hereto agrees to perform any further acts and to execute and deliver any
~ments, which may be necessary to carry out the provisions of this Agreement.
SEVERABILITY
le event that any of the provisions or portions thereof, of this Agreement, are held to
:eable or invalid by any court of competent jurisdiction, the validity and enforceability
ining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
; Agreement contains the entire understanding between the parties hereto concerning
matter contained herein. There are no representations, agreements, arrangements, or
ngs, oral or written, between or among the parties hereto, relating to the subject
e Agreements, which are not fully expressed herein.
ASSIGNABILITY
7ider shall have the right to assign this Contract and any of its rights hereunder to a
.ed subsidiary or to a corporation with which it may be merged without prior written
he County; otherwise, this Contract is not assignable by the Provider without the
a consent of the County.
FED this ~[:~k' day of~, 2004.
//I;~ND~SIMS, Judge
Brazos Maternal & Child
Health Clinic, Inc.
Steve Koran, Executive Director
By:
c'"Carol Wag~'e~, 13~sicient
VOL.~L..~p~GE
STATE OF;
COUNTY OI
This contract
TYC, and Br
Provider, for
contract, Nur
This contract
Human Reso
For and in co~
A. Comply
into this
this contr~
B. Provide tt
1. Ensu~
2. Ensu~
servi¢
week.
3. Ensur
4. Asse.~
asses
5. Meet
etc.) t,
Objec
a. In
ei.
b. M
c. M
S~
6. Requi~
schoo
Activi
detent
7. Provid
submi
includ~
8. Disch~
9. Ensur~
Resol[
10. Ensur~
11. Ensure
Rules
12. Condu
.95.55.
Texas Youth Com~
'.XAS
rRAVIS
CONTRACT FOR PAROLE SUPERVISION AND SERVICES
mtered into on September 1, 2004, by and between the Texas Youth Commission, hereinafter
los County Juvenile Board, 1904 West Highway 21, Bryan, Texas 77803, hereinafter Service
~e provision of parole supervision and services to youth in the following county: Brazos. This
3er PS05008, will expire on August 31, 2006.
entered into "The Interlocal Cooperation Act", {}791.001 et.seq., Texas Government Code, and
· ces Code §61.083 for the mutual considerations described in this contract.
I. SERVICE PROVIDER
;iderati°n of the payment of fees for parole supervision and services, Service Provider will:
h applicable TYC General Administrative Policies (GAP), attached as Exhibit A, and incorporated
ntract as if set forth herein. Any amendments made to the policies in Exhibit A during the term of
;t apply to the Service Provider as of the effective date of said amendment.
following parole supervision and services:
compulsory school age youth comply with state compulsory school attendance laws.
non-compulsory school age youth are constructively engaged in employment, community
training, educational activity, treatment, and/or home detention for a minimum of 40 hours per
youth comply with all required or special conditions outlined in their Individual Case Plans.
the youth's behavioral/phase and develop the Individual Case Plan and objectives based on that
'nent, attached as Exhibit B, Parole Phase.
,gularly with the youth and secondary persons (family, employers, educators, treatment providers
assess youth's constructive activity involvement and progress toward Individual Case Plan
/es. The following contact requirements apply:
~nsive: General Offenders - four (4) primary contacts within initial 30 days; Classified Offender -
~t (8) primary contacts within initial 60 days
:terate: All offenders - two (2) primary contacts monthly.
imum: All offenders - One (1) primary contact monthly.
;ondary contacts are determined by individual need and risk.
, youth to provide documentation in support of his/her constructive activity requirements, e.g.,
~ttendance reports, employment verification documents (pay stubs, etc.). "Constructive
'" youth is engaged or participating in an educational, employment, treatment, training, home
,n, and/or community service program for a minimum of 40 hours per week.
case management documentation, which includes the Individualized Case Plan (ICP) and
nformation to TYC staff for entry into the electronic information system. The relevant policies
GAP.87.1and .87.33 Supervision Levels in Parole Home Placement.
ge youth in compliance with TYC GAP.85.61 and TYC procedures for contract parole.
complaints are reported and resolved in compliance with TYC GAP.93.31 Youth Complaint
on System.
youth accountability for appropriate rules of conduct or, parole TYC GAP.95.3 Rules of Conduct.
all allegations of mistreatment are reported in compliance with GAP.93.33, Alleged Mistreatment
~d Definitions.
i appropriate administrative due process hearings in compliance with TYC GAP .95.51 .95.53,
95.57 and .95.59. '
ssion
Page 1 of 11
Contract for Parole Supervision (9/04)
13. Rep
GAF
14. Con
15. Corr
per~
leas
C. Attend
D. Assign
written
E. Submit (
separate
requeste
and the
day of th.
F. Afford Th
G. Forward
authority
H. Allow TY
1. Provi
contr
2. Reca
reoor
any (
unde
limite
Servi
3. Upon
perfo
and
I. Maintain
J. Maintain ~
the contr;
provided,
the three
documenl
is issued
period m
amendm6
K. Notify the
the parole
L. Require ~
legislative
M. Notify the
parties fc
Texas Youth Con'
't all incidents for which youth may be disciplined and all serious incidents according to TYC
:)7.03 Incident Report and TYC procedures for contract parole.
Jct home assessment and updates, GAP.85.43, Home Placement.
,ly with GAP.87.91 for the family reintegration of sex offenders, which includes at least one contact
onth in the home while the youth is on double intensive, intensive, or moderate surveillance. At
)ne in home contact per quarter while the youth is on minimum surveillance.
hours of required TYC sponsored training per year.
e contract parole officer per county and assigh no more than 20 parolees per officer unless a
n to TYC has been submitted and approved by the Quality Assurance Administrator.
arterly claims to the TYC District Office on a standardized invoice attached as Exhibit C. Use a
nvoice for each month and include on the invoice names of each youth for whom payment is
, the start and end date the total number of days for which payment is requested, the rate of pay
tal amount for each youth; and submit the invoice no ater than (10) ten work days from the last
quarter.for which payment is requested.
access to TYC youth and all records and/or information on TYC youth at all times.
~ies of all audits, monitoring, and investigative reports completed by the program's certifications
any other funding entity to the Contract Specialist within five (5) work days of receipt.
:lesignee to perform monitoring, performance evaluations, investigations, or audits.
e access, inspection, and reproduction to all records related to services rendered under this
;t that are necessary to facilitate monitoring, performance evaluations, investigations or audits.
Js include, but are not limited to, contracts, notes, real property documents, accounting/financial
s, written policies and procedures, correspondence, performance evaluation data and reports, and
her information pertinent to revenues, costs, expenses, and performance of services provided
this contract belonging to the Service Provider. Evaluation of services may include, but is not
to, office visits, interviews with youth and the administration of questionnaires to the staff of the
.~ Provider and TYC youth.
'equest by TYC and during reasonable business hours, provide facilities to TYC/designee to
~.any of the functions listed in this subsection, as well as adequate and appropriate workspace
)ler.
financial records in accordance with generally accepted accounting principles.
~d retain records for a minimum of three (3) years and 90 calendar days after the termination of
;t period, or for three (3) years after the end of the federal fiscal year in which services were
,hichever is longer. If any litigation claims, disputes, or audit involving these records begins before
3) years and 90 calendar days period expires, the Service Provider will keep the records and
until all litigation, claims, disputes, or audit findings are resolved. Resolution is when a final order
litigation, or a written agreement is entered into between TYC and the Service Provider. Contract
~ns the beginning date through the ending date specified in the original contract- or any
ts.
::)uality Assurance Specialist immediately if a TYC youth makes an unauthorized departure from
~lacement.
y of Service Provider's employees or to cooperate with and testify in judicial proceedings,
nd administrative hearings or investigations, at the request of TYC.
3irector of Juvenile Corrections in writing of all revenue sources and reimbursements from third
any and all costs or services associated exclusively with a youth served under this contract.
lission
Page 2 of 11
Contract for Parole Supervision (9/04)
Billing rr
and sha
nor his/t
otherwis
N. Ensure;
local int~
O. Service I
Insurance
authoriza
For and in co
will:
A. Provide 1
provision
B. Fairly cot
and 00/'
C. Pay for ol
the home
D. Terms ol
Governm,
toward eli
or delinqt
delinquen
E. Reimbur
mileage
incurred
prior app
F. Transpod
arrange tr
G. Complete
Contract
H. Pay for.,
treatmenl
I. Issueadi
J. Promptly
of fees roi
K. Provide q~
L. Provide a,
Texas You. th Con
,re than one revenue source for the same costs or services provided a single youth is prohibited
be recouped or administrative error sanctions shall be imposed as set forth herein. Neither a youth
,r parents or guardians will be required to pay for the support of the youth in the program, unless
ordered.
computer setup with the following: Microsoft Office for Word documents and Excel spreadsheets,
net service provider (ISP) and an e-mail address.
'ovider is to notify TYC if Service Provider is or becomes a covered entity under the Health
Portability and Accountability Act (HIPPA). Service Provider is to secure any HIPPA consent or
~n necessary to provide to or obtain from TYC protected health information.
II. TYC
sideration of the parole supervision and services provided to TYC youth by Service Provider, TYC
e Service Provider with policies and amendments from relevant TYC manuals used in the
f parole supervision and services to TYC youth.
)ensate Service Provider from current revenues available to TYC at the reasonable rate of Nine
($9.00) Dollars per youth per day.
icing services provided for a period not to exceed ten (10) days following a youth's absence from
~ome substitute and who are in legal custody other than TYC, or the youth has absconded.
payment shall be in accordance with Chapter 2251, Texas Government Code and Texas
it Code 403.055(h) that "payment owing to the contractor under this contract will be applied
~ination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state,
~ncy in payment of taxes that the Comptroller administers or collects until the indebtedness or
is paid in full."
the Service Provider for mileage at a rate not to exceed the state reimbursement rate, for
=urred in attending meetings and training sessions presented by TYC staff and for mileage
visiting or transporting TYC youth detained in facilities outside of their judicial district, provided
val is obtained from the TYC Quality Assurance Supervisor.
)r arrange transportation for youth to the contracted parole officer for admission and transport or
nsportation for the youth if another placement is determined to be in the best interest of the youth.
nonitoring of Service Provider's program according to the schedule developed by Central Office
Jministration.
pplemental Services necessary for individual Case plans in accordance with TYC protocol for
~ctive to apprehend an escapee once notified by the Service Provider.
)tify the Service Provider of any changes in a youth's parole status that would affect the payment
)arole services.
~rterly training on required training components.
;ess to TYC applications and information resources via web as needed.
III. CERTIFICATIONS
~ission
Page 3 of 11
Contract for Parole Supervision (9/04)
Article 1: E(
Service Prov
Act of 1964,
discriminator
or regulation
employee, o~
origin, handi¢
Article 2: U~
Service Prov
agency proc~
no officer of
judicial or st;
false, this co~
Article 3: Fr
Section 1:
Section 2:
Section 3:
Article 4: ~
Service Prov
having on fil(
Managemenl
a school, gra
contract, Ser
DSHS acce[
Provider sha
failure to do
Managemenl
shall be furni
Article 5: H~
Section 1:
Section 2:
Texas Youth Cc
~al Opportunity
er certifies compliance with all terms, provisions, and requirements of Titles VI and VII, Civil Rights
:he Americans with Disabilities Act of 1990, and any other Federal, state, local or other anti-
act, law, statute or regulation, along with all amendments and revisions of the acts, laws, statutes
in the performance of this contract, and will not discriminate against any child or youth, client,
applicant for employment because of race, creed or religion, age, sex, color, national or ethnic
p, or any other illegal discriminatory basis or criteria.
air Business Practices
ler certifies that it or its officers have not been found guilty in a judicial or state administrative
,ding of unfair business practices as set out in the Texas Business and Commerce Code and that
iervice Provider has served as an officer of another company which has been found guilty in a
e administrative agency proceeding of unfair business practices. If the above certifications are
tact is void.
nchise Taxes
~rvice Provider certifies that should Service Provider be subject to payment of Texas franchise
t~(es, all franchise taxes are current. If such certification is false this contract may be terminated at
t~ option of TYC or other administrative error sanctions may be taken.
IftService Provider is exempt from payment of Texas franchise taxes, Service Provider shall so
Jicate by attachment to this contract.
Service Provider's payment of Texas franchise taxes becomes delinquent during the term of this
ntract, Service Provider will notify TYC within 24 hours. If such delinquency cannot be cured
lhin 24 hours and a copy of the Cedification of Account Status proving payment of delinquent
<es cannot be provided to TYC, this contract may be terminated at the option of TYC or other
ministrative error sanctions may be taken under the provisions of the contract.
~estos Regulation Compliance
er certifies compliance with the Asbestos Hazard Emergency Response Act of 1986 (AHERA) by
Nith the Texas Department of State Health Services (DSHS) a copy of Service Provider's AHERA
~lan for each facility the Service Provider owns, leases, or otherwise uses as a school or is part of
es kindergarten through 12, inclusive where applicable. Prior to the initiation of services under this
ce Provider shall provide to TYC a certification of an asbestos-free environment or a copy of the
~nce and approval for the Service Provider's AHERA Asbestos Management Plan(s). Service
comply with the approved Management Plan during the term of this contract and any renewals;
~ shall be grounds for termination of the contract. Should DSHS approve a revised or modified
~lan, a copy of the DSHS acceptance and approval of the revised or modified Management Plan
led to TYC.
nan Immunodeficiency Virus Services Act Compliance
;rvice Provider certifies compliance with the HIV Services Act, [Vernon's Texas Code Annotated
TCA); Health and Safety Code, Section 85.001, et seq] requirements for maintenance of
,nfidentiality regarding HIV and its related conditions, including Acquired Immunodeficiency
~ndrome (AIDS).
;rvice Provider further certifies that workplace guidelines are deve;oped and implemented. Service
ovider may elect to use workplace guidelines developed and implemented by TYC. Should Service
ovider not elect to use workplace guidelines developed and implemented by TYC, Service
ovider agrees its workplace guidelines shall be similar to TYC's as required by §85.113, Texas
.~alth & Safety Code.
,mission
Page 4 of 11
Contract for Parole Supervision (9/04)
Section .3:
Article 6: C
Service Pro~
and Control
Article 7: Fe
Any program
referral servi,
regulations.
Service Provi
dd-2; 42 CFR
Article 8: E¢
Service Provi
with the appr(
Article 9: Re
Service Provi,
shall not cart
while renderir
handgun licer
shall be und(
care.
Article 10: R
Service Provi,
Service Provi
during the ter
timely copies
Government
Article 11:
Section 1: T
U
d
t(
u
Section 2: N
a
Section 3: S
Si
Article 12: C
Texas YoLtth Cor
the absence of confidentiality guidelines, Service Provider is not eligible to receive state funds,
d Service Provider agrees to refund to the state any state funds Service Provider receives while
;ligible.
nmunicable Disease Prevention & Control Act Compliance
er certifies compliance with the applicable provisions of the Communicable Disease Prevention
t, [Vernon's Texas Code Annotated (VTCA); Health & Safety Code, Section 81.001 et seq].
eral Confidentiality Compliance
hat specializes, in whole or in part, in providing treatment, counseling, and/or assessment and
;s for youth with alcohol or other drug problems must comply with the Federal confidentiality
;aid regulations apply only to programs .that are federally assisted either directly or indirectly.
er certifies compliance with these Federal requirements for confidentiality [42 USC Section 290
~art 2] and agrees to comply with said requirements for so long as this contract is in force.
cational Requirement
mr is responsible for implementing and ensuring that youth placed in their program are provided
~riate educational services as required by state and federal law.
triction on Possession of Weapons
.~r agrees that Service Provider or any associates providing services on behalf of Service Provider,
or possess any type of firearm or other weapon as defined by Texas Penal Code Section 46.02
services to TYC youth under this contract. This prohibition includes the carrying of a concealed
ed under the authority of Chapter 411, Subchapter H, Texas Government Code. Service Provider
an affirmative duty to keep weapons out of the possession of TYC youth in Service Provider's
quired Disclosure of Lobbyist Activity
;r agrees that if any person who is an employee of, director of, subconsultant, or subcontractor for
.~r is required to register as a lobbyist under Chapter 305, Texas Government Code at any time
~ of this contract. Service Provider shall notify TYC Director of Juvenile Corrections and provide
of all reports filed with the Texas Ethics Commission as required by Chapter 305, Texas
)de.
tification to TYC of Subconsultants & Subcontractors
C shall be notified of the selection and/or use of all subcontractors, or subconsultants regularly
.~d by the Service Provider in performing or assessing the performance of service Provider's
:les under this contract if paid or anticipated to be paid an amount exceeding $5,000.00 during the
-n of this contract, and they are subject to the approval of TYC; said approval will not be
· easonably withheld.
contractual relationship will exist between Service Provider's subconsultants or subcontractors
J TYC. TYC shall have no responsibility whatsoever for the conduct, actions, or commissions
:tive or passive) of any subconsultants or subcontractors in the performance of their duties under
; contract.
Mce Provider shall be solely responsible for the management of any subconsuitants or
)contractors in the performance of their duties under this contract.
mpliance with Child Support, §231.006, Family Code
nission
Page 5 of 11
Contract for Parole Supervision (9/04)
"Under §231
this contract
contract ma
SERVICE
NUMBER OF
OWNERS V
BUSINESS
For nonprof
indicate with
None
Name, So(
Article 13:
Service Pro
employed a 1
contract or t¢
could result
Article 14:
The unders
Provider to ti
Article 15:
Agency
Service Prov
may not ente
services cot
anniversary (
used to mal~
professional
employee of
employee dc
employee wc
entering into
Article 1: Ri
The Service
operations of
the terms of
contract.
Article 2: In.
Service Prov
directors, ag~
suits, deman
Texas Youth Co
,06, Family Code, the vendor or applicant certifies that the individual or business entity named in
r bid is not ineligible to receive the specified grant, loan, or payment and acknowledges that this
~e terminated and payment may be withheld if his certification is inaccurate."
OVIDER MUST PROVIDE, IN THE SPACE BELOW, THE NAME AND SOCIAL SECURITY
~,N INDIVIDUAL OWNER, A SOLE PROPRIETOR AND ALL PARTNERS, SHAREHOLDERS, OR
TH AN OWNERSHIP INTEREST OF AT LEAST TWENTY-FIVE (25) PERCENT OF THE
ITITY ENTERING INTO THIS CONTRACT.
;orporations with no identifiable owner of twenty-five percent (25%) or more of the corporation,
~one" on the first line below.
Security Number, Percent (%)
~mpliance with §572.054, Texas Government Code, Former Officer or Employee of TYC
ler certifies compliance with §572.054, Texas Government Code. Service Provider has not
rmer officer or employee of TYC to perform services on Service Provider's behalf, to secure this
'epresent Service Provider in any manner prohibited by the referenced statute. A false certification
termination of this contract.
~lnatory Authority
~ed signatory certifies by his/her signature, that he/she has the'authority to bind the Service
contract provisions stated herein.
ompliance with §2252.90'1, Texas Government Code, Former or Retired Employee of the
er certifies compliance with §2252.901, Texas Government Code, which provides "A state agency
into an employment contract, a professional services contract under chapter 2254, or a consulting
act under Chapter 2254 with a former or retired employee of the agency before the first
the last date on which the individual was employed by the agency, if appropriated money will be
payments under the contract. This section does not prohibit an agency from entering into a
;rvices contract with a corporation, firm, or other business entity that employs a former or retired
~e agency within one year of the employee's leaving the agency, provided the former or retired
s not perform services on projects for the corporation, firm or other business entity that the
;ed on while employed by the agency." Service provider certifies that he/she is not prohibited from
is contract because of any prior employment with TYC.
IV. GENERAL PROVISIONS
ationship of Parties
~rovider is acting as an independent contractor and is wholly responsible for the day-to-day
:s programs and employees; no joint venture, partnership, or agency exists nor shall be implied by
is contract. No employee of Service Provider shall become an employee of TYC by virtue of this
.~mnity
er agrees to be liable for, and hereby does indemnify and hold harmless TYC and its officers,
its, employees and representatives from and against any and all liability for any and all claims,
s, causes of action, and/or damages, (including costs of court and reasonable attorneys' fees)
mission
Page 6 of 11
Contract for Parole Supervision (9/04)
arising from
Provider, its,
result from th
Article 3: Li~
Section 1'
Section 2:
Section 3:
Article 4:
Section 1:
Section 2:
Section 3:
r~
Section 4: I(
F
g
Article 5: Ac
Section 1:3
b
d
Section 2: E
c
Article 6: Te
Section 1: E
Section 2: '[
ir
s
F
Texas Youth Co~
r based upon misconduct, intentional or negligent acts or omissions on the part of Service
ricers, directors, agents, representatives, employees, or visitors which may arise out of or could
contract.
)ility Insurance
rvice Provider shall maintain liability insurance in the amount of $300,000 for each occurrence of
ence. The insurance must cover injury to a youth that occurs when the youth is in Service
care, custody or control.
rvice Provider shall provide proof of insurance documents to the TYC Director of Juvenile
,rrections, upon request.
e required insurance coverage must be maintained during the term of this contract in the above
amount. Failure to maintain the required insurance coverage may result in termination of this
or any other administrative error sanctions.
~fidentiality and Security
Provider agrees that all its employees will comply with state and federal law and with TYC
licies regarding the confidentiality of student records and identifying information.
Provider agrees that all information regarding TYC and/or its youth that is gathered,
or otherwise derived from this contract shall remain confidential subject to release only by
of TYC.
Provider's employees who visit any TYC facility will comply with that facility's security
]ulations.
~ntifying pictures, appearances, films, or reports of TYC youth may not be disclosed by Service
)vider without the written consent of the youth and, if under age 18, of his or her parents,
ardian, or managing conservator.
linistrative Error Sanctions
'C, based on information from monitoring or other verifiable sources, may terminate this contract
the reasons set forth in the article dealing with term;nation below, or take other actions including,
not limited to:
Require the Service Provider to take specific corrective actions in order to remain in compliance
with the terms of this contract; and/or
Recoup payment made to Service Provider; and/or
Impose recommendations from .audit or investigative findings, and minor or major sanctions;
and/or
Assess liquidated damages for each instance of non-compliance with the terms of this contract
equal to $150 multiplied by the average daily population of TYC youth placed with the Service
Provider in the preceding month; and/or
Suspend, place into abeyance, or remove any contractual rights including, but not limited to,
withholding payment, mora.t, orium on placements, population limitations and/or removal of all
youth presently in the program.
~/ice Provider shall cooperate fully with TYC and its authorized representative in carrying out
'rective action plans.
nination
rvice Provider may terminate its obligations under this contract by giving thirty (30) days notice
r~ assisting in relocating youth in the program to other placements.
'C may terminate its obligations under this contract by giving thirty (30) days notice, or immediately
the event youth are removed from the program when conditior, s exist that threaten the health,
:ety or welfare of TYC youth in the program, or in the event of breach of contract by Service
)vider.
~ission Page 7 of 11
Contract for Parole Supervision (9/04)
Section 3:
Section 4:
Article 7:
No waiver
future or oth4
Article 8: S,
If any part of
not affect the
provision or
Article 9: C
No other agr
executed by
Article 10:
The contract
both parties.
mutual a,
Article 11:
Section 1:
I(
Section 2: ~
s
Section'3:
Article 12: N
Required noti
Lamar, Post
Blvd., Austir
78724; to the
Quality Assur
Provider at 1
Article 13: V~
Texas Youth Cot
may terminate its obligations under this contract for failing to complete the corrective action
,ecified and no extenuating circumstances exist; or is non-compliant with any area of the contract;
is below average in any single TYC performance measure; or is below standards in overall
,rformance measure rating.
shall terminate this contract in the event that TYC is not granted funding to pay for the herein
~scribed services or in the event that funding is lost due to either a reduction in the budget or a
of budgeted funds.
iver
,ither party of any breach or default of the other under this contract shall operate as a waiver of any
breach or default, whether of a like or different character or nature.
lis contract is contrary to any federal, state, or local law, it is not applicable and such invalidity shall
other provisions or applications of this agreement which can be given effect without the invalid
and to that end the provisions of this contract are declared to be severable.
tract Amendment
oral or written, shall constitute a part of this contract unless such be made in writing,
parties hereto or their successors, and expressly made a part thereof.
,ntract Renewal
not be automatically renewed. The contract may be renewed with the mutual agreement of
rate and services may be renegotiated based on performance and service delivery and the
,ent of both parties.
.rice of Changes
Provider shall notify TYC immediately in writing in advance of any significant change
the Service Provider, including but not limited to change of Service Provider's name or
~ntity, location of services, ownership or control, operating entity, governing board membership,
)ersonnel, payee identification number, and other significant changes that may affect the
' of services under the terms of this contract.
rvice Provider shall refrain from transferring or assigning this contract or from entering into any
~contract for the services under this contract without prior written approval from TYC.
rvice Provider shall not relocate the services provided under this contract from the location stated
lhe preamble without prior written approval from TYC and a certification that the location to which
'vices are to be relocated is in compliance with Chapter 224, Local Government Code.
tice
~s will be provided to the Director of Juvenile Corrections at the TYC Central Office at 4900 North
ffice Box 4260, Austin, Texas 78765; to the TYC District Office at 6400 E. Martin Luther King
Texas 78724, to the Contract Specialist at 6400 E. Martin Luther King Blvd., Austin, Texas
;)uality Assurance Administrator at 321 N. Center, Suite 4006, San Antonio, Texas 78202 to the
nce Specialist at 6400 E. Martin Luther King Blvd., Austin, Texas 78724; and to the Service
4 West Highway 21, Bryan, Texas 77803.
lue
nission
Page 8 of 11
Contract for Parole Supervision (9/04)
In any legal
and venue wi
Article 14:
Section 1:
Section 2:
Section 3:
Section 4:
Article 15: (
Section 1:
Section 2:
Section 3:
s
tion;
or criminal prosecution arising under this contract, the laws of the State of Texas shall apply
be in Travis County, Texas.
)blem Solving in the Ordinary Course of Business
~e parties to this contract shall use the procedures contained in this article for routine problem
Iving including claims for breach of contract. Should these procedures not resolve claims for
of contract, the procedures contained in Article 15 shall be followed thereafter.
Resolution: Contract Service Providers and TYC staff will communicate regularly and
e in informal problem solving efforts as a routine measure, thus preventing differences from
major problems. When routine measures have been exhausted, TYC staff are
couraged to utilize the following mechanism to resolve problems.
,rmal Resolution:
Contract Service Providers or TYC staff who wish to submit problems for resolution may do so in
writing, including all relevant information and a recommended resolution.
The statement of problem will be submitted to the TYC Contract Specialist unless the problem
specifically involves the Contract Specialist, in which case, it will be submitted to the Quality
Assurance Administrator.
Problems are resolved within ten working days; written responses will be sent to the individual or
program that submitted it, TYC Contract Specialist and Quality Assurance Administrator.
)eal: Service Provider desiring to appeal the decision may do so within ten days by writing all
information relevant to the appeal to the Quality Assurance Administrator if the problem
~s resolved by the TYC Contract Specialist; or Director of Juvenile Corrections if the problem was
;olved by the Quality Assurance Administrator. When appealed, the problem shall be resolved
14 working days; responses will be sent to the individual or program who submitted it; TYC
Specialist; Quality Assurance Administrator; and Director of Juvenile Corrections.
ims for Breach of Contract
e dispute resolution process provided for in Chapter 2260 of the Texas Government Code must
used, as further described herein, by the Texas Youth Commission and Service Provider to
~t to resolve any claim for breach of contract made by the Service Provider.
Service Provider's claim for breach of this contract that the parties cannot resolve in the ordinary
course of business shall be submitted to the negotiation process provided in Chapter 2260,
Subchapter B, of the Government Code. To initiate the process, the Service Provider shall
submit written notice, as required by Subchapter B, to the Executive Director. Said notice shall
specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy
of the notice shall also be given to all other representatives of the'Texas Youth Commission and
the Service Provider otherwise entitled to notice under the parties' contract. Compliance by the
Service Provider with Subchapter B is a condition precedent to the filing of a contested case
proceeding under Chapter 2260, Subchapter C, of the Government Code.
The contested case process provided in Chapter 2260, Subchapter C, of the Government Code
is the Service Provider's sole and exclusive process for seeking a remedy for any and all alleged
breaches of contract by the' Texas Youth Commission if the parties are unable to resolve their
disputes under subparagraph A. of this paragraph.
Compliance with the contested case process provided in subchapter C is a condition p~'ecedent
to seeking consent to sue from the Legislature under Chapter .107 of the Civil Practices and
Remedies Code. Neither the execution of this contract by the Texas Youth Commission nor any
other conduct of any representative of the Texas Youth Commission relating to the contract shall
be considered a waiver of sovereign immunity to suit.
submission, processing and resolution of the Service Provider's claim is governed by the'
rules adopted by the Texas Youth Commission pursuant to Chapter 2260, as currently
hereafter enacted or subsequently amended.
ither the occurrence of an event nor the pendency of a claim constitute grounds for the
~pension of performance by the Service Provider, in whole or in part.
Texas Youth ' '
Page 9 of 11
Contract for Parole Supervision (9/04)
Article 16: N
The terms ol
confer any ri!
Article 17:/~
Service Prov
contract are:
pursuant to ¢
subcontracts
entity to cone
Provider to c~
Texas Youth Co~
Third Party Beneficiaries
he Agreement are for the sole benefit of the parties to the Agreement and will not be construed to
~ts on any other person.
dit Clause
er understands that it and its subcontractors by accepting funds directly or indirectly under this
~bject to the authority of the State Auditor or its successor entity to conduct audits or investigations
~apter 2262 of the Texas Government Code. Service Provider shall include a clause in its
,roviding that its subcontractors are subject to the authority of the State Auditor or its successor
ct audits or investigations. Failure to cooperate with the State Auditor may subject Service
ninal penalties.
'nission Page 10 of 11
Contract for Parole Supervision (9/04)
For the Tex~ Youth Commission:
Paula Morel¢
k, Director of Juvenile Corrections
Date
Fo r~~,e Provid, e~
Date
Contract Nun
For Brazos
County Judg
/
Texas Youth Co
)er: PS05008
ounty:
mission
Page 11 of 11
Contract for Parole Supervision (9/04)
BRAZ.OS¢
Station Eagle at
OCT.10.~
Advertiser underst~
prior to the expirati¢
Advertiser further ~
in forfeiture of contr
The advertiser will l
This contract rate is
A carrying charge ~
advertising insertiof
collection and attorr
For value received,
The Eagle which te
material. Adverti,~
reproduction of any
Eagle.
It is further unders
identical material o~
such advertisement.
If disaster, work st
have the right to rev
(Please print or typ~
CLASSIFIED LINE AD CONTRACT
DUNTY
rate of
~ vv~/vv~
(Advertiser) agree to publish a minimum of 6 lines per issue in the Bryan/College
~1.00 per line per day beginning , NOV./04 and to expire on
for12 MONTHS (month/year).
~ds this contract will automatically renew for a like period of time, unless canceled, in writing, 30 days
of the current contract, by either party.
derstands that failure to meet requirements of contract publication days, minimum lines daily; will result
and all ads billed at open rate.
guaranteed a set price per line for the contract period without regard to the number of lines/inches run.
~ased on nine column format.
I _% per month will be charged on all accounts not paid in full by the 15~ day of the month following
The Advertiser also covenants to pay all costs incurred by The Eagle enforcing this Contract. including
y's fees (up to 50% of the amount in default) should the Advertiser default in payment.
~.dvertiser assigns to The Eagle all rights, title and interest to all layouts of advertisements placed with
· esent the creative effort of the newspaper and/or utilization of its own illustrations, labor, composition or
r understands that because of said assignment, he/she cannot authorize photographic or other
uch advertising layout appearing in The Eagle in any other publication without the written consent of The
od that this assignment does not preclude Advertiser from supplying to other publications similar or
nformation for production of advertisements by such publications or from suggesting the content or form
)page, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall
· this Contract so as to prorate the available space on an equitable basis.
his section)
ADVERTISER: I RAZO$ COU. NTY ACCT: 2t66,7..0_
Address: 30~, 26TH.~STREET, Ste. #117, Bwan~ Texas 77803
Signed by: ~ Title: ~ c) O r~ -{-~
Pdnt Name:~,~[~~u~ ~~ ~
Persons ~ place ads:
authorized
F o5 The Ea le I1
(~i~rkatin~ ¢onsulta~ ~-
(Director of Advertising) (Date of approval)
Marib el A n aye
The Eagle
979.731.4729
1729 Briarcrest, Bryan, TX 77802
Fax: 9 7~. 774-0053
P.O. Box 3000, Bryan, TX 77805