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HomeMy WebLinkAbout2006-04-11-9:00AM-REGULARI BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 11 APRIL 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -16: 3. Budget Amendment 05/06-27.1 thru 05/06-27.5 4. Personnel Change of Status. 5. Payment of Claims. 6. Proclamation #06-006 establishing April 2006 as National Relay for Life month. 7. Endorsement of the 1985 Animal Control Ordinance, with possible amendment(s). 8. Write-off of outstanding account receivables from Fiscal Year 2002 and 2003 that for various reasons are now considered uncollectible. 9. Appeal from a County employee for reinstatement of leave time not accrued while on FMLA leave. 10. Contract with the Bell County Juvenile Board for juvenile detention and long-term treatment and residential services. Term of agreement is 1 September 2005 through 31 August 2006. Office of the County Judge . 300 East 2& St. . Suite 114 ~y. Bryan, Texas 77803 . Fax: (979) 361-0503 PAUL t Commissioners Court Agenda 11 April 2006 Page 2 r 11. Contract with Traci Thomas for a juvenile mentor program consisting of a series of workshops and regular progress reports. Contract term is 1 September 2005 through 31 August 2006. 12. Addendum to the contract with Portia Smith and the Positive and Total Difference II workshop program for the purpose of adding specific language and clauses for financial compliance as required by the Texas Juvenile Probation Commission (TJPC), effective 1 September 2005. 13. Tax Refund Applications for the following: a. Robert Pappenfort A. Julie A. & Richard Bishop b. Lillian Benford e. Robert & Angela R. Siddons c. Darron John Weber f. William & Virginia Sweet 14. Permission to advertise Bid 2006-025, Concrete Masonry Fire Room, for the Brazos County Road & Bridge Department. 15. Request for permission to enter Joe Kemp's property located off Collette Lane for the purpose of realigning the centerline of the roadway ditch for the health, safety and welfare of the general public. Site is located in Precinct 2. 16. Payment authorization in the amount of $434.00 to Scotty's House for forensic sexual assault exams. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING APRIL 11, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 11, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 9; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, the following spoke: Demetrios Basdekas a) Asked the County Judge if he considered himself an employee of Brazos County. He debated the Judge's rules for speaking under citizen input, to quote "refrain from attacking staff of Brazos County". He also debated what constitutes an "attack". "Does criticizing the work of the Commissioners or the County Judge constitute an attack?" The County Judge Vol ~ I - Page jo Commissioners Court meeting April 11, 2006 2 asked him to meet him after Court if he wanted to debate rules of citizen input. Mr. Basdekas said the days of meeting Judge Sims in private are over. The Court next considered Budget Amendment #05/06-27.1 through 27.5 that would reallocate funds for the District Clerk Collections Department, Tax Office, Exposition Center, Law Library Fund and Sheriff's Department Crime Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7018003 through 7018258 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #06-006 designating the month of April 2006 as "National Relay for Vol 7 9 Page Commissioners Court meeting April 11, 2006 3 Life Month". The Court joins with the local Cancer Society to observe National Relay for Life Month, a cancer survivor's celebration about a community that takes up the fight against cancer and urges all citizens to join in this campaign to save lives, create awareness and continue the fight against cancer. On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court moved to proclaim the month of April, 2006, as "National Relay for Life" throughout Brazos County. The County Judge then presented the signed Proclamation to Ms. Laura Hall, representing the local American Cancer Society. Mrs. Hall accepted the proclamation and introduced 4 year old Ryan Wilson, a cancer survivor who will lead the survivors lap. The next matter before the Court was the endorsement of the 1985 Animal Control Ordinance, with possible amendments. Commissioner Cauley moved to endorse the 1985 Ordinance. Commissioner Mallard seconded the motion. After some lengthy discussion Commissioners Cauley and Mallard rescended their motion and second. Then on motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to table consideration to give counsel time to update it. The Court next considered writing off outstanding account receivables from Fiscal Year 2002 and 2003 that for various Vol -71 Page 3 a Commissioners Court meeting April 11, 2006 4 reasons are now considered uncollectible. These were supposed to be refunds from the state but it is highly unlikely that the county will receive the funds from the state. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to write off outstanding account receivables from fiscal year 2002 and 2003. The next matter before the Court was consideration of an appeal from a County employee for reinstatement of leave time not accrued while on FMLA leave. The employee sited the lack of an established policy on the accrual of leave while out on paid and FMLA leave. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to reinstate the leave time of the employee. The Court next considered entering into contract with the Bell County Juvenile Board for juvenile detention and long term treatment and residential services. Term of the contract is from September 1, 2005 through August 31, 2006. Cost to Brazos County is $86.00 per day per juvenile in detention and the daily rate of $86.00 per day for each day a juvenile is in the long tem program. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to enter into contract with the Bell County Juvenile Board and Vol 99 Page 33 Commissioners Court meeting April 11, 2006 5 authorized the County Judge to execute the document. A copy is attached. The Court next considered entering into contract with Traci Thomas, for a minimum of seven workshops in the mentoring program. The workshops are $570.00 each. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to enter into contract with Traci Thomas and authorized the County Judge to execute the document. A copy is attached. The Court next considered an addendum to the contract with Portia Smith of the Positive and Total Difference II Workshop Program, for a minimum of seven workshops. The workshops are $45.00 per program with 12 or more participants, or $50.00 per program if fewer than 12 participants. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to enter into contract with Portia Smith and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Robert W. Pappenfort, Over Payment $1.96 b) Lillian Benford, Over Payment $50.68 c) Darron John Weber, Over Payment $23.19 d) Aaron & Joyce Fry, Over Payment $22.18 Vol 7 1 Page &4 Commissioners Court meeting April 11, 2006 6 e) Robert & Angela R. Siddons, Over Payment $24.01 f) William & Virginia Sweet, Over Payment $51.69 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-025, CMU Masonry Fire Room for Brazos County Road and Bridge Department. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for CMU Masonry Fire Room for Brazos County Road and Bridge Department. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Joe Kemp on Collette Lane in Precinct 2 to realign the centerline of the roadway ditch. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of a payment authorization in the amount of $434.00 to Scotty's House for two forensic sexual assault exams. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Vol 9 Page 2,5 Commissioners Court meeting April 11, 2006 7 Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Read aloud a letter from Jack Cauley commending Chuck Frazier on the excellent presentation he gave at the hurricane disaster class. Mallard a) Asked if it was time to think about selling bonds before June. He will visit with the Auditor about that. Under citizen input and/or concerns, the following spoke: Ruth McLeod a)Commended the Sheriff's Department for their swift action in recovering her car. It was stolen over the weekend and she got it back this morning. Demetrios Basdekas a) Said that he was not pleased with Judge Sims' idea of "open government." He accused the County Judge of practicing engineering without a license. He went on to complain again about the bridge on Old Reliance road. He said he is not happy with the bridge. He also commented that the Expo Center should not be done at all if it could not be done according to the law. This shows several abuses of power. He said the Expo Center is like a cancer. Vol 7 9 Page ~3~ Commissioners Court meeting April 11, 2006 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) Reported on the Intergovernmental Committee (IGC). There was a sub-committee meeting on combining the EOC. They are getting farther into this process. There will be an IGC meeting next Monday. We will need to post it, if more than two (2) want to attend. It will be held Monday, April 17, 2006 at the City of Bryan. County Judge a) Asked Commissioner Mallard about the transportation plan. The Metropolitan Planning Office was championing this cause since that is what they work on. 8 There being no further business to come before the Court, the meeting was adjourned. Vol -71 Page 32 The foregoing minutes of the Commissioners Court meeting held April 11, 2006 have been examined and are approved in open Court this the day of S' a , 2006, in Bryan, Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissione Precinct 3 Q arey C u ey, Jr. Commis inner, Precinct/4' Attest: Karen McQueen County Clerk Vol 7 9 Page 28 Brazos County, Texas. BRAZOSCOUNTY COMMISSIONERS COURT DAY OF 20 C C AT , t (0cD AM/ Name Organization G4. VOL 77 PAGE 3 y BRAZOS COUNTY COMMISSIONERS COURT DAY OF 20 0 6 AT D.I (o c~ Name Organization so VOL 79 PAGE BRAZOS COUNTY lipiv-0, &r~4 14~, 4 COMMISSIONERS COURT _11;6k- DAY OF 200_(, AT j,'yo Name Organization V00 q PAGE 'fl BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-27.1 thru 05/06-27.5 On this the 11'h day of April 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, 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 The following proceedings were held: THAT WHEREAS, on 11 April 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 11th day of April 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy ~dhs, County Judge Original: /County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL L9 PAGE ~a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 27.1 4/11/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 10000100 51610000 CR Hourly - Staff 20,758.00 0100 10000100 53100000 CR Social Security 1,588.00 0100 10000100 53200000 CR Retirement 2,276.00 0100 10000100 53300000 CR Employee Health Insurance 5,700.00 0100 10000100 53320000 CR Employee Dental Insurance 96.00 0100 10000100 53800000 CR Workers' Com . 42.00 0100 20020000 51610000 DR Hourly - Staff 20,758.00 0100 20020000 53100000 DR Social Security 1,588.00 0100 20020000 53200000 DR Retirement 2,276.00 0100 20020000 53300000 DR Employee Health Insurance 5,700.00 0100 20020000 53320000 DR Employee Dental Insurance 96.00 0100 20020000 53800000 DR Workers' Com . 42.00 District Clerk Collections: To relocate the position budgeted in Count Judge's Office to District Clerk Collections, and divide the one full time position into two full time positions for the remainder of the fiscal year. It was agenda item #4, a )proved on A ril 4,2006's Commissioners court. 5k VOL ] 9 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 27.2 do 1 nnn6 FD 4500 4500 0100 0100 DIV 63000500 13000100 ACCT 49028000 80284000 91110000 59100000 PROJ DR/CR CR DR DR CR ACCOUNT NAME Transfer from General Fund E ui ment - Surveillance Transfer to Ca ital Im rovemen DDEA Increase 4,300.00 4,300.00 4,300.00 Decrease ,300.00 Tax Office: To transfer the funds out of Tax Office's DDEA account as a su lement to the bud et allocation for an enhanced securi monitorin and recordin s stem that will be used b the Tax Office. VO PAGE ZT1 T/1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 27.3 4/11/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4600 634600 80100000 CR Buildings 152,490.00 4600 634600 51620000 DR Hourly - Overtime 2,000.00 4600 634600 53100000 DR Social Securit 150.00 4600 634600 53200000 DR Retirement 210.00 4600 634600 53800000 DR Worker's Comp. 30.00 4600 634600 80440000 DR Land 150,000.00 4600 634600 80444000 DR Landscaping 100.00 Exposition Center: To reallocate funds to cover the expenditure that had incurred during the year and the estimated a oll expenditure for the overtime of the IT specialists. a-SAGE T m ~ -79 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 27.4 4/11/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1500 52000100 61130000 CR Conti enc 12,120.00 1500 52000100 51620000 DR Hourly - Overtime 2,600.00 1500 52000100 53100000 DR Social Security 200.00 1500 52000100 53200000 DR Retirement 300.00 1500 52000100 53800000 DR Worker's Comp. 20.00 1500 52000100 67205000 DR Network Costs 4,000.00 1500 52000100 80203000 DR Computer - Hardware 5,000.00 Law Library Fund: To reallocate funds to cover the expenditure that had incurred durin the ear and the estimated a oll expenditure for the overtime of the IT specialists. A4'tii VOL71 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 27.5 4/11/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3300 28050000 91530000 CR Conti enc 274,575.00 3300 28050000 51610000 DR Hourly - Staff 14,700.00 3300 28050000 51615000 DR Hourly - Law Enforcement 128,100.00 3300 28050000 51810000 DR Longevity 950.00 3300 28050000 53100000 DR Social Security 12,000.00 3300 28050000 53101000 DR Flex Fee 200.00 3300 2805000 53200000 DR Retirement 17,550.00 3300 28050000 53300000 DR Employee Health Insurance 23,300.00 3300 2805000 53320000 DR Employee Dental Insurance 400.00 3300 2805000 53800000 DR Worker's Comp. 3,500.00 3300 28050000 60030000 DR Canine Supplies 1,500.00 3300 28050000 60170000 DR Co ier/Printer Supplies 450.00 3300 28050000 60600000 DR Office Supplies 6,000.00 3300 28050000 61060000 DR Bonds 100.00 3300 28050000 61110000 DR Conference and Seminar Fees 400.00 3300 28050000 61120000 DR Confidential Funds 7,000.00 3300 28050000 61400000 DR Insurance 4,500.00 3300 28050000 61460000 DR Pagers 725.00 3300 28050000 61730000 DR Telephone - Lon Distance 700.00 3300 28050000 61740000 DR Telephone 5,300.00 3300 28050000 61750000 DR Telephone - Cellular 2,400.00 3300 28050000 61801000 DR Travel 4,300.00 3300 28050000 65200000 DR Copier Maintenance 1,200.00 3300 28050000 65320000 DR Equipment Maintenance 3,000.00 3300 28050000 65350000 DR Gasoline 10,000.00 3300 28050000 65950000 DR Vehicle Maintenance 7,000.00 3300 28050000 71506000 DR Rental - Office Space 19,000.00 3300 28050000 72680000 DR Security Services 300.00 Sheriff Department Crime Fund: To reallocate budget from support to Narcotics Grant to operation of Criminal Enterprise Response Team. VUL-7/ PAGE 4-7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 11, 2006 Department Submitting Information: Human Resources >ose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Ricketson, Mark Resignation Christopher, Mary Transfer within Dept. Approved in Commissioners' Court: April 11, County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) V00 q PAGE i "C BRAZOS COUNTY BRYAN. TBXAB PROCLAMATION NATIONAL RELAY FOR LIFE MONTH APRIL 2006 6 WHEREAS, today, the American Cancer Society estimates that based on recent studies, for the first time in modern history, more than 50% of those individuals diagnosed with cancer in the Unites States will survive and live normal and quality lives; and WHEREAS, the Brazos Valley of the State of Texas has an active, productive cancer survivor population, demonstrating that a cancer diagnosis is no longer an automatic death sentence; and WHEREAS, early detection of the majority of types of cancer through regular self- examinations, annual physician examinations and screenings along with improved treatment programs greatly increases. the cancer survival rate; and WHEREAS, communities all across America will be observing National Relay for Life Month, a cancer survivor's celebration about a community that takes up the fight against cancer in April; NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim April 2006 NATIONAL RELAY FOR LIFE MONTH THIS I I +L DAY net Lloyd Wassermann Precinct I Commissioner nny Mall. Precinct 3 Commissi ner Carey Cau ey, J . Precinct 4 VOL7?PAGE t I P.W~m.llon M6-W6 Commissioner Duane Peters Precinct 2 in Brazos County, Texas, and urges all citizens to join in this campaign to save lives, create awareness, and continue the fight against cancer. 39Vd l0A THE STATE OF TEXAS COUNTY OF BELL BELL COUNTY JUVENILE FACILITY CONTRACT AND AGREEMENT This contract is between the Bell County Juvenile Board, acting through its duly authorized representatives and Brazos County acting through its duly authorized representatives. The facility serves as a pro-adjudication and post residential facility and has been duly inspected and certified as suitable for the detention of children. The facility is operated by Right Turn Management, under contract with Bell County. In addition to detention, the facility provides a long-term residential treatment program in accordance with the applicable Texas Juvenile Probation Commission Standards. 1. The term of the Contract shall be for a period of one year from the effective date; if either party hereto feels in its judgment that the Contract cannot be successfully continued and desires to terminate this Contract, then the party so desiring to terminate may do so by notifying the other party in writing, (30) thirty calendar days from the date the Notice to Terminate is received. 2. The facility will provide program components, room, board, supervision and care (24) twenty-four hours per day. At a minimum, program components will include educational programs, counseling programs, and process groups. Additional programs provided for the long-term residential program would include anger management, life skills, and a substance abuse component. 3. The facility identifies goals and outputs for each long term resident and documents measurable outcomes which relate to program objectives. 4. The Contracting County agrees to pay the facility the daily rate of $86.00 per day for each day a juvenile is in detention and the daily rate of $ 86.00 per day for each day a juvenile is in the long-term program. Right Turn Management will be responsible for accounting, billing, and payments for the operation of the facility and all contracting counties shall pay in accordance with directives of Right Turn Management. 5- If emergency examination, treatment, or hospitalization outside the facility is required for a juvenile placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the Contracting County and to bill the Contracting County for the same. The VOL 77 PAGE SZ) ZOoln emapeov ganox uany 1gsTa T99Z 069 59Z Wd C6:9T 900Z/TC/CO Facility Administrator or his representative will notify the juvenile probation officer within (24) twenty-four working hours of its occurrence- The Facility Administrator is further authorized to approve transfers to other tertiary care centers when the situation warrants. In the absence of the Facility Administrator, the supervising officer is authorized to secure medical services and approve the transfer. The Contracting County further agrees to reimburse Right Turn Management for all medical expenses medically necessary to the health, safety, and welfare of the County's juvenile. coon 6. Each juvenile placed in the facility by the Contracting County shall be placed therein under proper order of the Juvenile Court. At a minimum, the order shall require each juvenile to follow the rules and regulations of conduct as fixed and determined by the Facility Administrator and the staff of the facility. The Contracting County must remove the juvenile before the expiration of the order. 7. If a juvenile from the Contracting County is accepted by the facility and such juvenile thereafter is found, in the sole judgment of the Facility Administrator, to be either mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or characteristics, or whose mental or physical health condition would or might endanger the juvenile or the other occupants of the facility, then upon such determination and notification by the Facility Administrator to the Contracting County, the Contracting County shall remove or cause to be removed such juvenile from the facility. 8. Acceptance of the juvenile into the detention facility will be determined by space availability. In the event overcrowding exists in the detention facility, the facility maintains the right to ask the Contracting County to remove the juvenile(s)- Contracting counties may reserve Post-Residential beds. 9. Under Section 231.006 of the Family Code, the facility certifies that the entity named in this contract is not ineligible to receive the specific grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 10. The facility adheres to all applicable state and federal laws and regulations pertinent to its provision of services. 11. The facility accounts separately for the receipt and expenditures of any and all funds received under this contract. 12. The facility maintains all applicable records for a minimum of three years or until any pending audits and all questions arising thereof have been resolved. 13. The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The VOL-2q PAGE 51 BmapvoV ganol urns agsTH T99Z 069 69Z YVA C6:9T 90OZ/TC/CO Contractor further agrees to cooperate fully with the State Auditor's Office or it's successor in the conduct of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerting the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 14. The facility will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed, race, color, sex, or national origin. This Contract is in lieu of all previous contracts between the Contracting Counties for these purposes. Said previous Contracts to terminate, become null and void, and be of no further force or effect on the date this Contract becomes effective. Effective on Sept 1, 2005 through August 31, 2006. Chairman, Juvenile Board Bell County Juvenile Court Judge Bell County County Board ~~~o~o 3-p 6 Chief Juvenile Probation Officer Brazos County VOL 7 / PAGE 6o2, too 18 nmapvoV g1nol u.rtl ag9TH T99Z 069 69Z %V3 6Y:9T 90OZ/TC/CO STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR MENTOR PROGRAM ~ff %i The BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT, hereinafter referred to as SERVICE AGENCY and Traci Thomas, hereinafter called SERVICE PROVIDER, by this agreement and in consideration of the mutual promises set forth below, have agreed as follows: A. The SERVICE PROVIDER will provide the following services: Mentor Program: • Provide a minimum of seven workshopstone workshop for each phase • $570/ workshop • 6 hours for each workshop • Provide regular progress reports after each workshop B. Payment will be made in the form of a check issued by the Brazos County Treasurer's Office no later than 30 days from receipt of original billing. Brazos County will not accept copies or faxed invoices. The original invoice - is required for payment. No special payment exceptions wilt-be made. Please do not call for status or payment unless past the 30 day time period. All billing invoices shall be addressed as follows: Brazos County Juvenile Services Department 1904 West Highway 21 Bryan, Texas 77803 C. Each billing shall contain the name of the client or clients for whom payment is being requested, a brief description of services provided, date services were rendered, and the rate at which services have been billed. D. The SERVICE PROVIDER shall comply with all applicable licensing and certification requirements. Failure to comply with this requirement will be treated as a default. Copies of all applicable licensing and certification requirements shall be provided to the SERVICE AGENCY. The SERVICE PROVIDER shall adhere to all applicable state and federal laws and regulations pertinent to the subcontractor's provision of services to the SERVICE AGENCY. E. The SERVICE PROVIDER shall disclose any pending or initiated criminal or governmental investigations related to SERVICE PROVIDER to the SERVICE AGENCY. F. The SERVICE PROVIDER shall be required to provide certification of eligibility to receive state funds as required by the Texas Family Code Section 231.006. The SERVICE AGENCY shall provide the SERVICE PROVIDER with the "Affidavit of Eligibility to Receive State Funds" form, which shall be completed by the SERVICE PROVIDER and mailed to the SERVICE AGENCY. G. The SERVICE AGENCY shall notify the SERVICE PROVIDER when state funds are used to pay for services. The SERVICE PROVIDER shall be required to account separately for the receipt and expenditure of state funds received from the SERVICE AGENCY. H. The SERVICE PROVIDER shall use Generally Accepted Accounting Principles in accounting for funds 1. The SERVICE PROVIDER receiving whole or partial payment with any state grant funds received from the Commission shall retain all applicable records for a minimum of three years or until any pending audits and all questions arising therefrom have been resolved and shall make available for the Commission inspection, all contractual agreements with SERVICE PROVIDER subcontractors. J. The SERVICE PROVIDER contract funded in whole or in part with grant funds shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. K. The SERVICE PROVIDER shall be monitored at least twice during the fiscal year for programmatic and financial compliance. The purpose of the monitoring is to ensure performance of and compliance with contractual VOL~PAGE 53 provisions between the SERVICE AGENCY and SERVICE PROVIDER in accordance with the Private Service' Provider Contract Requirements. L. In the event of a default of the SERVICE PROVIDER, the SERVICE AGENCY may cancel or suspend the agreement. M. The SERVICE AGENCY is responsible for monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the agreement. N. No officer, member or employee of Brazos County Juvenile Services, and no member of its governing body, and no other public official of the governing body of the locality or localities in which the services is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this agreement shall participate in any decision relating to this agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 0. Termination for cause shall be based upon contingencies as follows: (a) If the SERVICE PROVIDER fails to provide the services called for in this contract within the specified tens herein or extension thereof; or (b) If the SERVICE PROVIDER fails to perform any other provisions of this contract, or so fails to perform the services as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of 10 days ( or such extensions as authorized by the SERVICE AGENCY in writing) after receiving notice of default. (c) This contact shall not be terminated for failure to perform the contract arising out of causes beyond the control and wdhout fault or negligence of the SERVICE PROVIDER. (d) The decision of the termination of the SERVICE AGENCY shall be final and conclusive unless within 60 days from the date of receipt of a written copy of the decision the SERVICE PROVIDER mails or otherwise furnishes to the SERVICE AGENCY a written appeal addressed to the Brazos County Juvenile Board. The decision of the Juvenile Board shall be final and conclusive absent a showing of fraud, caprice, arbitrariness or gross error implying bad faith in which case suit may be brought in some court of competent jurisdiction. (e) Either party may terminate this agreement by giving thirty (30) days written notice to the other party hereto of the intention to terminate. (f) In the event of contract termination the SERVICE AGENCY shall pay to the SERVICE PROVIDER the amounts for completed services not yet paid for. P. In any legal action arising under this agreement, the laws of Texas shall apply and venue shall be in Brazos County. Q. The SERVICE AGENCY will not discriminate against any application for The Mentor Program because of race, color, religion, sex, or national origin. The SERVICE PROVIDER, by the same token, must ensure that program participants may not be refused acceptance therein, because of race, color, religion, sex, or national origin, unless professional evaluations Indicate certain and explicit conditions exist for special programs. R. The agreement period shall be from September 1, 2005 through August 31, 2006. BRAZO UNTY J ILE-S VICES 4l t(~~ Randy Sims, Coun u ge and Date Brazos County J gnlle Chairman Douglas Vance, Executive Din Juvenile Services Department qj -0 6 Date VU-L_?q PAGE 6~ SERVICE PROVIDER Traci Thomas Facilitator Printed name of Service Provider ,fir STATE OF TEXAS COUNTY OF BRAZOS CONTRACT ADDENDUM CONTRACT FOR POSITIVE AND TOTAL DIFFERENCE II WORKSHOP For Contract Period 09101/05 through 08/31/06 This agreement is entered into by and between the BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT, hereinafter referred to as SERVICE AGENCY and Portia Smith, hereinafter called SERVICE PROVIDER. The contract is amended as follows effective September 1, 2005. A. The SERVICE PROVIDER will provide the following services: Mentor Program: Provide a minimum of seven workshops/one workshop for each phase • $45.00 per program participant if over 12 participants • $50.00 per program if less than 12 participants • 7 hours for each workshop • Provide regular progress reports after each workshop B. Payment will be made in the form of a check issued by the Brazos County Treasurers Office no later than 30 days from receipt of original billing. Brazos County will not accept copies or faxed invoices. The original invoice is required for payment. No special payment exceptions will be made. Please do not call for status or payment unless past the 30 day time period. All billing invoices shall be addressed as follows: Brazos County Juvenile Services Department 1904 West Highway 21 Bryan, Texas 77803 C. Each billing shall contain the name of the client or clients for whom payment is being requested, a brief description of services provided, date services were rendered, and the rate at which services have been billed. D. The SERVICE PROVIDER shall comply with all applicable licensing and certification requirements. Failure to comply with this requirement will be treated as a default. Copies of all applicable licensing and certification requirements shall be provided to the SERVICE AGENCY. The SERVICE PROVIDER shall adhere to all applicable state and federal laws and regulations pertinent to the subcontractor's provision of services to the SERVICE AGENCY. E. The SERVICE PROVIDER shall disclose any pending or initiated criminal or governmental investigations related to SERVICE PROVIDER to the SERVICE AGENCY. F. The SERVICE PROVIDER shall be required to provide certification of eligibility to receive state funds as required by the Texas Family Code Section 231.006. The SERVICE AGENCY shall provide the SERVICE PROVIDER with the 'Affidavit of Eligibility to Receive State Funds" form, which shall be completed by the SERVICE PROVIDER and mailed to the SERVICE AGENCY. G. The SERVICE AGENCY shall notify the SERVICE PROVIDER when state funds are used to pay for services. The SERVICE PROVIDER shall be required to account separately for the receipt and expenditure of state funds received from the SERVICE AGENCY. H. The SERVICE PROVIDER shall use Generally Accepted Accounting Principles in accounting for funds. 1. The SERVICE PROVIDER receiving whole or partial payment with any state grant funds received from the Commission shall retain all applicable records for a minimum of three years or until any pending audits and all questions arising therefrom have been resolved and shall make available for the Commission inspection, all contractual agreements with SERVICE PROVIDER subcontractors. J. The SERVICE PROVIDER contract funded in whole or in part with grant funds shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. ~~i-) I PAC,E S~ K. The SERVICE PROVIDER shall be monitored at least twice during the fiscal year for programmatic and financial compliance. The purpose of the monitoring is to ensure performance of and compliance with contractual provisions between the SERVICE AGENCY and SERVICE PROVIDER in accordance with the Private Service Provider Contract Requirements. L. In the event of a default of the SERVICE PROVIDER, the SERVICE AGENCY may cancel or suspend the agreement. M. The SERVICE AGENCY is responsible for monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the agreement. N. Either party may terminate this agreement by giving thirty (30) days written notice to the other party hereto of the intention to terminate. 0. In any legal action arising under this agreement, the laws of Texas shall apply and venue shall be in Brazos County. P. The agreement*riod shall be from September 1, 2005 through August 31, 2006. - Randy Sims, C my Judge and 4/IIib,, Date Brazos Cou Juvenile Chairman Douglas Vance, Executive Director Date Juvenile Services Department SERVICE PROVIDER Portia Smith Facilitator Printed name of Service Provider VOL -27 PAGE 57 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 45 DATE OF COURT MEETING: April 11, 2006 ITEM: Request for permission to enter Joe Kemp's property located off Collette Lane for the purpose of realigning the centerline of the roadway ditch for the health safety and welfare of the general public. Site is located in Precinct 2 SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: APPROVED BY: QL ichard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 0006-025 This Request is Approved ~ or Denied by Commissioners' Court Date: -(/1 ilJmv? Judge VOL 79 PAGE 5 g a BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy sins Brazos County Judge Lloyd Wassea an Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Coonnissioner Pct 3 Carey Cauley Commissioner Pc10 DATE: April 4, 2006 1. LAND OWNER AND ADDRESS: Joe Kemp 3940 Collette Lane `?Bryan; Texas 77808 II. LOCATION OF WORK: Collette Lane at Scott Lane III. DESCRIPTION OF WORK TO BE DONE: Permission to enter our property to realign the center line of ditch, IV. MAINTENANCE YES NO xx IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: will be notitied prior to maintenance.) c Rrchard F. Vance, P.E. /f En m /Righ of ay Agent County Engineer O ~ 1 ~ Owner's Signature: Date: VOL 7 I PAGE