HomeMy WebLinkAbout2006-09-26-9:00AM-REGULARBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING
AND AGENDA
2006 SEP 22 P 12: 21l
F:cA~ .L~l:;~iiY
~Yrltd• TEXAS
BY•~~~~,,~~ ~
DEPUTY
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 26 SEPTEMBER 2006 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26Tn STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Wassermann.
2. Call for citizen's input and/or concerns.
3. Health Assessment of the Brazos Valley presented by Texas A&M University's School
of Rural Public Health.
Consider and take action on agenda items 4 - 30:
4. Budget Amendment 05/06-49.1 thru 05/06-49.4.
5. Personnel Change of Status.
6. Payment of Claims.
7. Proclamation 06-011 establishing October 2006 as Czech Heritage Month.
8. Discussion regarding the Ban on Outdoor Burning, and possible action.
9. Job Description for the Bailiff of the Brazos County Magistrate Court.
10. Request from Research Valley Partnership for approval of a $25,000.00 Cash Incentive
to ARQ Electronics Manufacturing Sc^lices, Inc., as per the Economic Development
Agreement.
11. Renewal of the Property and Casualty Insurance for fiscal ye..- MOT
U::-. • of the County Judge . 300 East 2d' St. iq 114 • ge 7 texas 77803 . Fax: (979) 3b. M3
Commissioners Court Agenda
26 September 2006
Page 2
12. Renewal of the Title IV-E Child Welfare Services contract for the 2007 Fiscal Year.
13. Renewal of the agreement with Entersect, an online investigative database tool used for
law enforcement purposes, with no change in rates.
14. Renewal of the contract with Dr. Rany Cherian for the provision of medical services to
inmates in the Brazos County Jail and detainees at the Juvenile Detention Center.
15. Supplemental agreement with Junction 505 for staffing Brazos County's six (6)
collection sites.
16. Approval of the following Brazos County policies:
a. Policy on Longevity Pay (4.03);
b. Policy on Overtime Compensation (4.07);
c. Policy on Emergency Closing and Payment of Employees (2.07.2);
d. Amended Policy on Accrual of Leave While on Family Medical Leave (FMLA).
17. 90-day extension of contract for Water Treatment to Fort Bend Services.
18. Declaration of surplus property as "salvage" that was advertised for sale in accordance
with Local Government Code §263.152 and received no bids, and authorization for
either destruction or other disposal
19. Copier Lease Agreement with Ikon for the District Clerk's office.
20. Award of annual contract for Inspection of Smoke Detectors and Fire Alarm Panels to
A-1 Fire & Security Equipment Co. Contract term is 10/01/06 through 9/30/07 with an
option for renewal.
21. Permission to award RFP 2006-036, Legal Representation to Indigent Juveniles, to
Gendron and Thibodeaux. Term of agreement is 10/01/2006 through 9/30/2007.
22. Contract with Gendron and Thibodeaux for legal representation to Indigent Juveniles.
23. Resolution 06-012 approving the 2007 budget of the Brazos County Emergency
Communications District, and providing an effective date.
24. Contracts with the following organizations for the 2007 fiscal year:
a. Brazos County Rape Crisis Center, Inc. h.
b. Keep Brazos Beautiful, Inc i.
c. Texas A&M University (Easterwood airport) j.
d. Brazos County Emergency Communications k.
District
e. Brazos Valley Veterans Memorial M.
f Soil & Water Conservation Dist. No. 450 n.
g. Arts Council of the Brazos Valley
Brazos Family Medicine Residency
Brazos Valley Food Bank
The Children's Museum
Boys & Girls Club of the Brazos Valley
Retired & Senior Volunteer Program
Tho -natal Clinic
Research v ;."-v Partnership
8~ 5F~
Commissioners Court Agenda
26 September 2006
Page 3
25. Brazos County Salary Schedule for FY 2007.
26. Discussion regarding the rate of pay for relief bailiffs, and possible action.
27. Acceptance of a Special Warranty Deed from Ralph E. Piper and wife Angela J. Lundy
Piper for improvements to Old Reliance Road located in Precinct 2.
28. Payment authorization to ESI Acquisitions, Inc. in the amount of $8,700.00 from
Emergency Management for payment of the annual software support for WebEOC. A
purchase order was not obtained in advance.
29. Payment authorization to Ritz Camera Center in the amount of $150.02 from the
Sheriff's Office for film processing that exceeded the amount of the blanket purchase
order.
30. Payment authorization to Command Communications in the amount of $100.00 from
the Precinct 3 Constable's Office. A purchase order was not obtained in advance.
31. Announcement of interest items and possible future agenda topics.
32. Call for citizen input and/or concerns.
33. Agency / Board / Committee reports by Court members.
34. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. , . request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4:02
4 ~ 1
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 26, 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, September 26, 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 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Wassermann asked the Reverend Jones to give
the invocation and then Commissioner Wassermann led the pledge
of allegiance.
Under citizen input/and or concerns the following spoke:
Chris Peterson, Attorney
a) In reference to his bid submitted for
Indigent Juvenile representation, he said
that his bid was $50,000 lower than the
winning bid and then alleged that the
winning bid was lowered and his firm's bid
was still $23,000.00 less.
The next matter before the Court was a Health Assessment
Vol % Page
Commissioners Court meeting September 26, 2006 2
of the Brazos Valley presented by Texas A&M University's
School of Rural Public Health. Amber Schickedanz gave the
presentation.
The Court next considered Budget Amendment #05/06-49.1
through 49.4 that would reallocate funds for Sheriff's
Department, DA Hot Check Collections, Agriculture Extension
Service; and transfer funds from Contingency to Jail
Administration 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:
7023625 through 7023836
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The County Judge read aloud Proclamation #06-011
Vol g~O Page to 1
Commissioners Court meeting September 26, 2006 3
designating the month of October as "Czech Heritage Month".
The Court joins with the State Legislature in commemorating
the contributions of the Czech culture to this great state and
as a token of high regard. On motion by the County Judge,
seconded by Commissioner Mallard the Court moved to proclaim
the month of October, 2006 as "Czech Heritage Month"
throughout Brazos County. The County Judge then presented the
signed Proclamation to Mr. Lou Zaeske, representing the Brazos
Valley Czech Heritage Society.
The next matter before the Court was consideration of
prohibiting outdoor burning in Brazos County. Chuck Frazier,
Emergency Management Coordinator, said that the KBDI mean is
over 500 currently but that we are not experiencing any
problems with fires. He said he would leave it in the
Commissioners' hands. On motion by Commissioner Cauley,
seconded by Commissioner Mallard, the Court voted unanimously
to lift the ban on outdoor burning effective immediately and
that it
will be
considered on a
week
by
week basis.
The
Court
next considered
the
job
description for the
Bailiff in the Magistrate Court. On motion by Commissioner
Cauley, seconded by Commissioner Wassermann, the Court voted
unanimously to approve the job description as submitted. A
copy is attached.
Vol S ~ Page to)
Commissioners Court meeting September 26, 2006 4
The next matter before the Court was a request from
Research Valley Partnership (RVP) for approval of a $25,000.00
cash incentive to ARQ Electronic Manufacturing Services, Inc.
Failure to comply with the covenants set forth in the
agreement with the RVP, could result in the RVP requiring ARQ
to repay all or any portion of the cash incentive. On motion
by Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the request for payment of
a $25,000.00 cash incentive to ARQ Electronic Manufacturing
Services, Inc.
The Court next considered renewal of the Property and
Casualty Insurance for fiscal year 2007. Bill Jeanes, Risk
Manager, recommended renewal of the current policies. On
motion by the County Judge, seconded by Commissioner Cauley,
the Court voted unanimously to accept the recommendation of
the Risk Manager and renew the current property and casualty
insurance for fiscal year 2007. A summary sheet is attached.
The next matter before the Court was the renewal of the
Title IV-E Child Welfare Services FY 2007 Contract between
Brazos County and the Texas Department of Family and
Protective Services. The contract is funding that reimburses
the County for qualifying expenses for children in the foster
care program. On motion by Commissioner Peters, seconded by
Vol 9(p_ Page (03
Commissioners Court meeting September 26, 2006 5
Commissioner Wassermann, the Court voted unanimously to renew
the contract. A copy is attached.
The Court next considered a request to renew the
Entersect Agreement for the 2007 fiscal year. This is an
online investigative database tool used by the Sheriff's
Office. Cost of service is $75 per user per month for
unlimited access to the EPO (Entersect Police Online). On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to renew the Entersect
Agreement for the 2007 fiscal year. A copy is attached.
The next matter before the Court was renewal of the
contract with Dr. Rany Cherian to treat inmates in the Brazos
County Jail and juvenile inmates at the Brazos County Juvenile
Detention Center. The County will pay the service provider
$3,300.00 each month services are provided at the Brazos
County Jail, $525.00 for each month services are provided at
the Juvenile Detention Center, an annual fee of $2,500.00 paid
to the provider for administrations services, and $3,000.00
paid to the provider for additional liability insurance. The
term of the contract is from October 1, 2006 through September
30, 2007. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to renew the
contract with Dr. Rany Cherian. A copy is attached.
Vol S& Page ~S
Commissioners Court meeting September 26, 2006 6
The Court next considered a supplemental agreement with
Junction 505 for staffing Brazos County's six (6) collection
sites. The supplement is to increase the pay to Junction 505
to $1,767.20 per site for a total monthly sum of $10,603.20.
Other terms and conditions of the Agreement remain unaltered.
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
supplemental agreement with Junction 505 for staffing Brazos
County's six (6) collection sites. A copy is attached.
The next matter before the Court was approval of the
following Brazos County policies:
a) Longevity Pay
On motion by Commissioner Mallard, seconded by
the County Judge, the Court voted unanimously to
table consideration to allow the Court more time
to study this item and will consider it again at
the next Commissioners Court meeting.
b) Overtime Compensation
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously
to approve the policy. A copy is attached.
c) Emergency Closing and Payment of Employees
On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously
to approve the policy. A copy is attached.
d) Amended Policy on Accrual of Leave while on
Family Medial Leave (FMLA). On motion by
Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve
Vol Page (-Os
Commissioners Court meeting September 26, 2006 7
the policy. A copy is attached.
The Court next considered the renewal of annual Contract
for Water Treatment with Fort Bend County. The Purchasing
Department is asking that the Court reject the quotes received
for a new contract period and extend the current contract with
Fort Bend Services for a period of 90 days to allow sufficient
time to determine additional testing needs. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to reject the quotes received for a new contract
period and extend the current contract with Fort Bend Services
for a period of 90 days to allow sufficient time to determine
additional testing needs.
The Court next considered the declaration of surplus
property as salvage. This property was advertised for sale in
accordance with Local Government Code §263.152 and received no
bids. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to declare
the property as salvage and authorized its destruction or
other disposal. A list of the property is attached.
The next matter before the Court was approval of a copier
lease agreement with IKON for the District Clerk's office.
The lease term is 98 months but will be renewed on an annual
basis. On motion by Commissioner Mallard, seconded by
Vol Page L 6
Commissioners Court meeting September 26, 2006 g
Commissioner Cauley, the Court voted unanimously to approve
the copier lease agreement. A copy is attached.
The Court next considered awarding the Annual Contract
for Inspection of Smoke Detectors/Fire Alarm Panels. Marcia
Mann, Senior Buyer recommended awarding the contract to A-1
Fire & Security Equipment Company. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to accept the recommendation of the Senior Buyer
and award the contract to A-1 Fire & Security Equipment
Company. A copy of the bid tabulation is attached.
The next matter before the Court was awarding of RFP
2006-036, Legal Representation to Indigent Juveniles. Pat
Howard, Purchasing Agent recommended awarding the RFP to
Gendron and Thibodeaux. The County Judge moved to accept the
recommendation of the Purchasing Agent and award the RFP to
Gendron and Thibodeaux. Commissioner Cauley seconded the
motion. Commissioners Wassermann, Peters, Cauley and the
County Judge voted "Aye". Commissioner Mallard abstained. A
copy is attached.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Patrick
Gendron and Lane Thibodeaux to represent indigent juveniles in
Brazos County. The appointing authority is the committee of
Vol Page G1
Commissioners Court meeting September 26, 2006 q
judges comprised of the 85th District Court Judge, 361st
District Court Judge, 272nd District Court Judge, Judge of
County Court at Law #1 and Judge of County Court at Law #2.
The cost to Brazos County will be $153,000.00. The term of the
contract is for twelve (12) months commencing on October 1,
2006 and terminating September 30, 2007. The County Judge
moved to approve the contract with Gendron and Thibodeaux.
Commissioner Cauley seconded the motion. Commissioners
Wassermann, Peters, Cauley and the County Judge voted "Aye"
Commissioner Mallard abstained. A copy is attached.
The Court next considered adopting Resolution 06-012
approving the 2007 budget of the Brazos County Emergency
Communications District. On motion by the County Judge,
seconded by Commissioner Mallard, the Court voted unanimously
to adopt Resolution #06-012 approving the annual budget of the
Brazos County Emergency Communications District. This is
effective immediately. A copy is attached.
The next matter before the Court was consideration of the
following contracts with outside organizations for the 2007
fiscal year:
a) Brazos County Rape Crisis Center, Inc.,
$20,000.00
On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously
to approve the contract. A copy is attached.
Vol Page 0
Commissioners Court meeting September 26, 2006
b) Keep Brazos Beautiful, Inc., $19,500.00
On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously
to approve the contract. A copy is attached.
c) Texas A&M University (Easterwood Airport),
$58,000.00
On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously
to approve the contract. A copy is attached.
d) Brazos County Emergency Communications District,
$431,830.00
On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted
unanimously to approve the contract. A copy is
attached.
e) Brazos Valley Veterans Memorial, $25,000.00
On motion by the County Judge, seconded by
Commissioner Wassermann, the Court voted
unanimously to approve the contract. A copy is
attached.
f) Soil & Water Conservation District, $5,500.00
On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously
to approve the contract. A copy is attached.
g) Arts Council of Brazos Valley, $15,000.00
On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously
to approve the contract. A copy is attached.
h) Brazos Family Medicine Residency, $100,000.00
On motion by Commissioner Cauley, seconded by
Commissioner Mallard, the Court voted
unanimously to approve the contract. A copy is
attached.
i) Brazos Valley Food Bank, $5,000.00
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously
to approve the contract. A copy is attached.
j) The Children's Museum, $15,000.00
10
Vol 9k Page to
Commissioners Court meeting September 26, 2006
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously
to approve the contract. A copy is attached.
k) Boys & Girls Club of the Brazos Valley,
$50,000.00
On motion by Commissioner Wassermann, seconded
by Commissioner Cauley, the Court voted
unanimously to approve the contract. A copy is
attached.
1) Retired & Senior Volunteer Program, $3,500.00
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously
to approve the contract. A copy is attached.
m) The Prenatal Clinic, $70,000.00
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously
to approve the contract. A copy is attached.
n) Research Valley Partnership, $243,290.00
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously
to approve the contract. A copy is attached.
11
The next matter before the Court was approval of the
Brazos County Salary Schedule for FY 2007. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the schedule. A copy is
attached.
The Court next considered the rate of pay for relief
bailiffs. Commissioner Peters moved to set the rate at $15.00
per hour for relief bailiffs. Commissioner Cauley seconded
the motion. Commissioners Wassermann, Peters, Mallard and
Cauley voted "Aye". The County Judge voted "No". The motion
Vol Page 10.
Commissioners Court meeting September 26, 2006 12
carried.
The Court next considered acceptance of a Special
Warranty Deed for right-of-way on Old Reliance Road in
Precinct 2. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the County Judge to accept on behalf of Brazos County a
Special Warranty Deed from Ralph E. Piper and wife Angela J.
Lundy Piper for the expansion and improvements to Old Reliance
Road.
The Court next considered a payment authorization to ESI
Acquisitions, Inc. in the amount of $8,700.00 from Emergency
Management for payment of the annual software support for
WebEOC. A purchase order was not obtained in advance. On
motion by the County Judge, seconded by Commissioner Cauley,
the Court voted unanimously to approve the payment
authorization.
The next matter before the Court was a payment
authorization to Ritz Camera in the amount of $150.02 from the
Sheriff's Office CID Division. Due to an excessive amount of
film processing in an investigation, there were not sufficient
funds on the Purchase Order to pay the bill. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to approve the payment authorization.
Vol ov_ Page 7-7
Commissioners Court meeting September 26, 2006
13
The Court next considered a payment authorization to
Command Communication in the amount of $100 from the office of
Constable, Precinct 3. A purchase order was not obtained in
advance. On motion by Commissioner Mallard, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the payment authorization.
Under announcement of interest items and possible future
agenda topics the following spoke:
County Judge
a) Said that he received a letter from the
Government Finance Office Association saying
that the County Auditor's office qualifies
for a certificate of achievement. It is the
highest honor in finance reporting.
Katie Conner, County Auditor
a) In reference to the Compensatory Time policy
that was just passed by the Court that says
that more than 20 hours of overtime will be
paid out. She has a list of people that
need to be paid. The total payout amount is
$12,000.00. She then asked when it would be
paid out. The County Judge said the first
pay period in October. Ms. Conner asked
that it be put on the next Commissioners
Court agenda.
Commissioner Mallard
a) He will be in Washington D.C. next week.
Pat Howard, Purchasing Agent
a) There will be an Expo meeting today at
11:00 a.m.
Vol F 4, Page U
Commissioners Court meeting September 26, 2006
Commissioner Cauley
a) He asked about all the payment
authorizations where purchase orders are
not received in advance.
Sheriff
a) The peak in jail reached 568 last night.
There was no citizen input and/or concerns.
14
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 96 - Page 13
The foregoing minutes of the Commissioners Court meeting held
September 26, 2006 have been examined and are approved in open
Court this the day of " cr , 2006, in Bryan,
~JK ~LF.GLPiE/lLBiy.--~
Lloyd Wassermann
Commissioner, Precinct 1
Duane Peters Kenny Mall d
Commissioner, Precinct 2 Commissioner, Precinct 3,
rey C oley, Jr.
Commiss ner, Preci t 4
Attest:
C
K ren McQueen
County Clerk
Vol S~ Page 07 4
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14
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR
NO. 05/06-49.1 thru 05/06-49.4
On this the 26th day of September 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 26 September 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 26" day of September 2006.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Original: County Clerk's Office and
attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 49.1
9/26/2006
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
9,825.00
0100
28002000
61880000
DR
Utilities
9,000.00
0100
28002000
61730000
DR
Telephone - Lon Distance
200.00
0100
28002000
61740000
DR
Telephone
625.00
Jail Administration:
To move funds from the County's Contin enc to cover Au ust and September 2006's utilities
and telephone costs.
4 -1/
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 49.2
9/26/2006
g0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 49.3
on4i1)nm
JFD
DIV
19006000
19006000
19006000
19006000
19006000
ACCT
67203000
1620000
61210000
300000
53100000
PROJ
7DR
inor Com uter Hadw
Social ACCOUNT NAME
ubscri tions & Publications
ourt Costs
al Staff
Securi
Increase
,600.00
122.40
Decrease
1,000.00
301.22
600.00
2600
19006000
53200000
DR
Retirement
175.36
2600
19006000
53800000
DR
Workers' Com .
3.46
DA Hot Check Collections:
To reallocate funds to tem oraril su orta
Office at the be innin of FY2007.
osition that has been filled and will be laced in DA's
__8f 31
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 05/06 - 49.4
oi2AnanA
FD
0100
0100
0100
0100
0100
DIV
37 000100
37000100
37000100
37000100
37000100
ACCT
61500000
61750000
61801000
65400000
61110000
PROJ
7CR
R
_ ACCOUNT NAME
Printin
Tele hone - Cellular
Travel
Grounds Maintenance
Conference & Seminar Fees
Increase
51.00
Decrease
34.00
28.00
10.00
79.00
Agriculture Extension:
To reallocate funds to cover the conference and seminar costs.
_g~ r.8a
0~5-
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 26, 2006
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on 1
Department Submitting Employee Request Action Requested
Request(s) Applies To
Building Maintenance Daniels, Alonzo New Hire
Juvenile Services Delgado, Arturo
Never Reported to
Work
Figueroa, Jose
Promotion
Road & Bridge Rice, Charles
Resignation
Tax Rodriguez, Connie
Resignation
Zito, Dianne
New Hire
Turner, Rachel
New Hire
Approved in Commissioners' Court:
County Judge's or Commissioner's S
(This Copy to be attached to minutes,
BRAZOS COUNTY MAGISTRATE COURT
Job Description
Class Code: 2205
Department: Brazos County Magistrate
FLSA Status: Nonexempt
Pay Group: 15
Approved Date:
Title: Bailiff
Reports To: Brazos County Magistrate Judge
EEOC Category: Protective Services Workers
Prepared/ Revised Date: September 19. 2006
Position Concept:
The Bailiff serves as the judge's personal security officer, maintains custody of
prisoners to and from the courtrooms and provides security and decorum within the
courthouse facility. The Bailiff performs courtroom management, operations and
security.
The most important and essential job function of this position is attitude which
includes the following: interacting positively and cooperating with co-workers,
working as a team member, functioning under intense time pressure and responding
in a positive manner to supervision. The Bailiff is expected to treat all prisoners and
persons appearing before the court with respect.
The Bailiff not only performs tasks specific to this position, but may perform other
related duties and tasks as required or assigned. The Bailiff shall have the physical,
mental and emotional abilities to perform the essential job duties of the position.
Essential Duties and Responsibilities:
• Provides protection to the judge and other people in the courtroom;
• Prepares the courtroom for legal proceedings;
• Assists the judge in preparing for legal proceedings, including pulling case
files, calling agencies to arrange for court appearances, and scheduling
proceedings;
• Calls court to order and escorts Judges to the courtroom;
• Maintains security/control of the courtroom, including warning, removing,
and/or restraining individuals whose behavior is disruptive to the
proceedings;
• Searches courtroom before and after hearings;
• Procures and posts court dockets;
• Arrests/takes custody of persons sentenced or with outstanding warrants;
• Performs searches of persons as needed;
• Fingerprints defendants;
• Assists witnesses and attorneys during courtroom proceedings as needed or
directed;
41-14
• Assists court personnel as requested or directed;
• Transports defendants to and from jail and/or courtroom;
• Prepares affidavits of non-appearance for bond forfeitures;
• Secures courtroom and offices of the court at the end of the day;
• Prepares jail order and bond forms;
• May perform the duties of Administrative Secretary and courtroom duties of
Court Coordinator;
• Performs all other duties as requested by Presiding Judge.
Supervisory Responsibilities:
This is a non-supervisory position.
Qualifications for Employment:
To perform this job successfully, an individual must be able to perform each essential
duty satisfactorily. The requirements listed below are representative of the
knowledge, skill and/or ability required. Reasonable accommodations may be made
to enable individuals with disabilities to perform the essential functions.
Education and Experience:
High school graduation or its equivalent, plus at least two years of experience or any
equivalent combination of education and experience that provides the required
knowledge, skills, and abilities.
Knowledge/Ability:
Knowledge of courtroom practices and procedures, as well as, court security
procedures and jail procedures for transporting inmates to and from jail facility.
Ability to establish and maintain effective working relationships with judges, other
law enforcement officers, attorneys, and the general public.
Ability to follow written and verbal instructions and to communicate effectively, both
orally and in writing.
Ability to deal with people in potentially dangerous situations.
Certificates, Licenses, Registrations:
Basic certification as a jailer by the Texas Commission on Law Enforcement Officer
Standards and Education (TCLEOSE).
Physical Demands:
The physical demands described here are representative of those that must be met by
an employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
While performing the duties of this job, the employee is regularly required to stand
and walk, frequently lift and/or move objects weighing up to 20 pounds or more, such
as books, boxes and stacks of records. Specific vision abilities required by this job
include close vision, distance vision, peripheral vision, color vision, and ability to
focus.
Work Enviornment:
The work environment characteristics described here are representative of those an
employee encounters while performing the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
The noise level in the work environment is usually moderate. The employee is
constantly required to work closely with others as a part of a team. The employee is
frequently exposed to danger and/or physical abuse; required to perform tedious
exacting work, and required to work under time pressures to meet deadlines. The
employee is occasionally required to perform multiple tasks simultaneously, and to
switch from one task to another. The employee occasionally experiences varying
periods of idle time interspersed with emergencies requiring intense concentration.
APPROVED:
CE OF RISK K
i
300 EAST 2e STREET, SUITE 1166
BRYAN, BRAZOS, TEXAS 77803
PHONE: 979 3614245 FAX: 979 3614680
E-MAIL: bjeanes@ao.braxos bLus
Date: 21 September 2006
Randy Sims. County Judge
Lloyd Wassermann, Commissioner Pct. 1
Duane Peters, Commissioner Pct 2
Kenny Mallard, Commissioner Pct 3
Carey Cauley Jr., Commissioner Pct. 4
Reference: Renewal of Property and Casualty Insurance
Dear Judge Sims'
The attached documents are for the renewal of the property and casualty Insurance forthe year of October 01,
2006 thru October 01, 2007.1 am recommending that each of the following policies be renew.
2005/20M 20M/2007 Percent Nate
Charge
Insurer Premium Insurer Premium
Auto Liability & Comp TAC $49,724 TAC $52,465
TAC $63,477 TAC 561276
Law Enforcement TAC $83,520 TAC $.94,745
Liability
Public OFcalsError TAC $81,409 TAC $81261
and Ontlesioi Liability
PropertynNand Great $65,230 Great $65.540
Total $343,360 SM5,287
The total overall increase is 3.5 Percent over last years premium.
1
5.5
<4.5>
13.4
<.021-
.05 Additional properties Will
be added st.72654 per
51000 evaluation
3.5
A.W. Bill Jeanes. Risk Manauer
TEXAS DEPARTMENT OF FAMILY AND ftm Ef:TIVE SERVICES
COMMISSIONER
Carey D. Cockerell
September 8, 2006
Megan Conkel
Office of the Brazos County Auditor Il
300 East 26"' St., Suite 314 SEP 18 NU
Bryan, Texas 77803 j
([~~F~L'()ti ~v4liiy
Auditory Mice
RE: FY 07 Contract Renewal - Title IV-E Child Welfare Service
Contract Number: 23361152
Dear Ms. Conkel:
In renewing the County s contract with the Texas Department of Family and Protective Services (DFPS
or Department) we must comply with federal law by conducting an annual review of your Title IV-E
contract, which includes the following steps:
• Review your current contract attachments A, B, and C for FY 06. If there are any changes to be
made for the FY 07 contract period, you will need to complete new attachments. If there are no
changes, please document this on the forms.
• Complete Form 2046 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts). This form must be completed and returned.
Upon receipt of the Attachments A, B, C and Form 2046, DFPS will review and approve the county's foster
care maintenance costs (Attachments A, B, and C). If there are changes to the attachments, a plan
change will be sent to the county for signature.
All contract documents need to be returned to me by September 15, 2006, this will ensure that your
annual review is completed by September 18, 2006. Return the documents to me at the following
address:
TDFPS
Ardell Ray (MC 016-5)
Director of Contracts
14000 Summit Dr., Suite 100
Austin, Texas 78728
If you have any questions, please contact me at (512) 834-3353.
Respectfully,
~``'llf/V
Ardell Ray
Director of Contract
Enclosures: Attachments A, B, & C and Form 2046
e-i Q1
Attachment B, County Title IV-E Foster Care Maintenance Contract
Brazos County
Contract # 2003074031
FY 06-01
ATTACHMENT B
ALLOWABLE FOSTER CARE MAINTENANCE COSTS
TRAINING EXPENSES
(IV-E Specific Training)
Brazos County will not be providing short-term training in FY 06.
ATTACH NARRATIVE WITH A DESCRIPTION OF EACH TRAINING TO BE
PROVIDED. INCLUDE A DESCRIPTON OF HOW THE TRAINING IS
RELATED TO TITLE IV-E FUNCTIONS. INCLUDE ESTIMATED TOTAL
COST FOR EACH TRAINING AND INCLUDE TRAVEL, PER DIEM,
REGISTRATION FEES, ETC.
Note:
Training reimbursed with Title IV -E funds must be focused on enhancing knowledge
and building skills necessary to perform functions directly related to the benefits
offered by the IV-E program to improve outcomes for children placed in out-of-home
care.
Travel and per diem expenses cannot be reimbursed above the current travel and per
diem rates established by the State of Texas.
Adequate documentation to support expenditures must be maintained and made
available to TDPRS upon request.
N0 GAS S~r FYO?
Dlv;, o
Attachment C, County Title IV-E Child Welfare Services Contract
Brazos County
Contract # 2003074031
FY 06-01
ATTACHMENT C
ALLOWABLE FOSTER CARE
ADMINISTRATIVE OR INDIRECT COSTS
For Counties Claiming Reimbursement For Allowable Administrative or Indirect Costs
(Other Than Training)
Brazos County will not be claiming foster care administrative or indirect costs in FY
06.
ATTACH A COST ALLOCATION PLAN (BUDGET AND NARRATIVE) SHOWING
ALL DIRECT AND INDIRECT COSTS FOR WHICH THE COUNTY SEEKS
REIMBURSEMENT UNDER TITLE IV-E.
Note:
Allowable Administrative or Indirect expenses may include the following (not an all-
inclusive list):
Referral services
Preparation for judicial determination (limited to preparation of reports to the court
and participation in court proceedings by County personnel
Placement of a child
Development of the case plan
Case reviews
Case management and supervision
Proportionate share of related County overhead
Adequate documentation to support expenditures must be maintained and made
available to TDPRS upon request
NG CLc4ys F-V01
SIC L7D
T`ta'Dept of Family Certification Regarding Debarment, Form 2046
and Protective Services - May 2004
Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts
Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services
(DFPS) to determine whether each potential contractor has been debarred or suspended or proposed
for debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(i) or
has accepted a voluntary exclusion. Each covered contractor must also make the same determination
for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower
tier participants in this Certification.
Instructions for Certification
By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below:
1. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances, whether the circumstances occur before the contract begins, during the term of the
contract, or during the term of an extension of the contract.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meaning set out in the Definitions and Coverage sections of federal
rules implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
Do you have or do you anticipate having subcontractors under this proposed contract?
❑ Yes ® No
5. The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to, check
the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
Attachment A, County Title 1V-E Foster Care Maintenance Contract
Brazos County
Contract # 2003074031
FY 06-01
ATTACHMENT A
ALLOWABLE FOSTER CARE MAINTENANCE CLAIMS
(Title IV-E Eligible Children - Child Specific)
Clothing
Shelter
Daily supervision (day care)
Transportation (biological family or court ordered visitation)
School Supplies
Child's Personal Incidentals (graduation gifts, allowances, gifts, and personal items)
NOTE:
This is not an all-inclusive list of allowable foster care maintenance expenses. The
county may elect to add items to this list with the prior approval of the Regional
Contact Manager.
Expenditures must be directly related to a Title IV-E eligible foster child.
Adequate documentation to support expenditures must be maintained and made
available to the Department upon request.
f o ckc,,p 110r FYO'/
0 (ar 0
1
Tsxas Dept of Family Certification Regarding Debarment, Fern 2046
and Protective Services May 2004
Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts
7. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transactions
Indicate in the appropriate box which statement applies:
'IB" The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
OR
❑ Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant has attached an explanation to this certification.
Commissioner's Court of Brazos County
Name of Potential Contractor
23361152
DFPS Contract No. (it applicable)
g1A11&a
Date
Randy Sims Brazos County Judge
Printedrryped Name of Authorized Representative Title
~Z r,_ 95
17460004330
ENTERSECT Online User Agreement
Agency Name: Brazos County
2700 N. Main St
Suite 535
Santa Ana, California
92705
www.entersect.net
Phone
866 / 744-M
Fax
7141564-0031
First Name:
Last Name.
Agency Address: 300 E. 26th Street, Suite 114
Civ-
Zip Code:
Telephone Number:
Fax Number:
EBall Address:
Bryan State: TX
77803
979-361-4102
979-361-4503
rsims@co.brazos.tx.us
Agency Type: law enforcement
Number of user codes needed: 1
(Please use the 'Multiple User Form' to desgnale each login and password)
Payment Method:
u/ Credit Card - Please complete a d card payment form
ffi Invoicing
,
Billing Contact: Katie Conner
Billing Contacl979 -s61-4350
Signature:
Date:
Please complete the above requested information along with the signed
Agreement Terms and fax to:
Fax: 714-564-9057
-Or-
Mail: Entersect
2700 N. Main St.
Suite 535
Santa Ana, CA 92705
X6 7 9q
Service Agreement Terms
This agreement is entered into between Cerdfion Corporation and the entity first set forth on the reverse hereof ('New
User') in Santa Ana, CA breed to terms and conollions as follows:
1. SERVICE
Entersed ovine provides nationwde public record ufarmation and related ('Servioes'j using its proprietary databases and information obtained
from third parties ('Third Parbasl. This information is delivered through Enkrsect" via the intemiet User hereby subscribes to Services for use as a
faclor m melting business decisions and agrees to pay Entersect Online the applicable rasa and charges set bdr m Paragraph 3 below.
2. PERFORMANCE
Enha ed Online will use its best efforts to deriver Services requested by Ise in an ads and effciul manner and to regularly access,
update, augment. ad maintain its cowlation of arbitration gathered from selected public records and other sources used in the provision of
Services hereunder. leer accepts all information AS IS.
3. CHARGES TO USER (Initial Selected Term)
Moan" Agreement- Ulcer agrees to pay $79 per user, per month for unlimited access to the EPO (Enlersed Poke Ovine)
product. Unless dh ww simfied, W w party may cancel #as agreement by Providing 30 day written notice.
V/ Mnwl Agreement-(Maid MaMhy) User agrees to pay $75 per user, per month for unlimited access to the EPO (Entersect Police
Online) product for 12 moths.
4. USER LIMITATIONS OF USE
User adarvwle0ges that Emersed Online aoryor Third Parties retain all right, title and interest under applicable copyright and related laws in the
databases and materials contained therein used to p ands Services hereunder, and User shall use such materials consistent with such right, title
and interest and notify Entersect Odine of ay threatened or actual infringement thereof. User fugier aclonaw does Mat thts Agreanant grants user
a limited license in aolnarge for payment of tees and charges set forth in Paragraph 3 hereof and use shag not reproduce, mhansink publish or
otherwise bansfarfor commercial agolcitation my information that User receives from Services. Upon appnwal of intended use(s) by Entersect
OrJsa, User agrees to limit use ad retiseemiration of ifonmabon from Services sotey to use(s) set forth under Industry Type(s) on the reverse
hereof. War shall at no times represent that it's an authorized agent or fepresentative of Entersect Online or any Third Party unless such written
agreement has been established
5. NEGATION OF LIABILITYIWARRANTY
Neither Enteract Online nor third polies and be liable to user or to any person cleaning thragh user or to wham user may have provided service-
related data for any loss or iniury using out of or caused in whole or in pat by Entasect Onfne or third panties negligent acts a omissions in
Pte, compiling, collecting, interpreMg, reporting, communicating, or defroairg services or in otherwise performance of this agreement.
Enlasect Online antra thud parties do not guarantee or warrant the correctness, camplelaarm, currency, madantabi*, or fitness for a particular
purpose of the services or the oomporients thereof.
6. AGREEMENT ENTIRETY
This agreement sets WM the entim understanding and Agreement between Entersect Online and User. Ity receipt of Services, User agrees to. and
shall ocnpy with, such different and Tor additional tams of third parties and such changes in ft Agreement as Entersect Online shall make from
time to time by notice to User. This Agreement shall be interpreted in adxordance with the laws of the State of Califomis. Violation by user of state or
lateral laws, or Entersect Onfne's or Third Parties' established policies and procedures may resuet in immediate termination of this Agreement in
Entersed urine's sole discretion.
7. PAYMENT OF FEES
User shelf be responsible for payment for all services obtained through Ulsets access ihntiTication code. Payment by subscriber is due and payable
upon i voice. Ifpayments are past due more than May (30) days from the date of invoice, EMersect Online may interrupt service. User is
responsible for all collection costs and attorney fees incurred by Entersect Online thmnrgh Its efforts to collect on bateeoe(s) awed by User.
8. COMPLIANCE WITH LAWS
User slag not use Service m violation of any federal, state, or local laws, inducing the Fair Credit Reporting Act (15 U.S.CA.1681 at. seq.)'FCfW.
User certifies hat 8will not use any wftmabon obtained through Service as a fads in establishing a consumer's eligibility fa credit granting,
monitoring, account review, insurance undenwrifing, employment, or any other purpose addressed in the FCRA.
9. INDEMNFICATION
User hereby agrees to protect, indemnify, deferd, and hold harmless Entersed online and all Third Parties from and aganst any and all costs,
claims, demands, losses, and feWides (ndudng actual attorneys' fees) arising from or in any way rdAted to use of infomretron by User (or any third
party moaning such information from or through Use) furnished by or through Entersed online to the extent such costs, claims, demands,
damages, losses, or liabilities (inducting attorneys fees) do not result from the improper acts or omissions of Enter sect online or Third Parties.
Provr4om hereof related to release of claims, indemnification, use of information, and data, payment for Services and disclaimer of warranties shall
survive any termination of this Agreement.
W. USERRESTRICTIONS
User is being provided access codes assigned to a given user and far respective agency. Neither the assigned access codes rxx oPoine contend
may be prowled to anry other agency nor ils'r dative wigaut lust se=nt permission from Entersect @d'ne. OBfine content is defined as
providing another agency or its' representative (who has no written agreement with Entersed Online) with content from the Service provided by
Entensect online by sharing access codas or transmitting results in any manner. If an urgent matter should arise the User can contact or bred that
agency to Entersect Online for prompt assistance.
❑ 1 would like to add Iden"hield to my account and understand that I will be charged $8.95 per connected
call. Calla that do not result in a connection to either an IndMdual of voicernail will not be billed to the
customer.
❑ 1 would like to upgrade EPO plus and understand that I will be charged only $9.95 more per month.
ITE:~~
TIU. County Judge
Multiple User Identification
(each name will require individual access code)
Name
Phone
Email
Kenny Elliott
979-361-4193
kelliott@co.brazos.tx.us
_ q-7
BRAZOS COUNTY OFFICE OF THE SHERIFF
CHRISTOPHER C. KIRK
JIM MANN, CHIEF DEPUTY 300 E. 26TH ST. SUITE 105
WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, TExAS 77803-5359
To: County Judge Randy Sims
Commissioner Lloyd Wassermann
Commissioner Duane Peters
Commissioner Kenny Mallard
Commissioner Carey Cauley Jr.
From: Jail Administrator Wayne Dicky 01D,
Date: September 21, 2006
Subject: Renewal of Medical Contract
I have attached the Medical Contract for the 2006-2007 fiscal year. This renewal extends
the agreement between Dr. Rany Cherian and Brazos County for the provision of medical
services to the inmates in the Brazos County Jail and Detainees at the Juvenile Detention
Center.
Contact me if you have any questions.
cc: Sheriff Christopher C. Kirk
OFFICE (979) 361-4100
ADMINISTRATION (979) 3361-4148 FAX (979) 361-4170
14
.86. ~ r 96
CONTRACT FOR MEDICAL SERVICES
Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr.
Rany Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in
Brazos County, Texas, (hereinafter the "Service Provider"), by this agreement and in
consideration of mutual promises set forth below have agreed as follows:
ARTICLE I
JAIL SERVICES
1.01 Scone of Services The Service Provider will, upon referral from the SherUrs
Department (hereinafter referred to as "Jail") treat inmates located in the Brazos County Jail
facilities operated by the Sheriff's Department. Treatment may occur both within and without
the physical confines of the Jail facilities. Treatment shall include, but not be limited to, on-
site emergency treatment. The Service Provider agrees to adopt and implement workplace
guidance concerning persons with AIDS and HIV infection and to develop and implement
guidelines regarding confidentiality of AIDS and HIV related medical information with
regards to inmates being treated for any complaint.
1.02 Reportine Responsibilities The Service Provider, once treatment has been
provided, will also be responsible for indicating any necessary therapy, additional follow-up
medical treatment or additional medical referral needed to a medical specialist to cover any
inmate problem the Service Provider believes would require such therapy or referral. The
Service Provider will be responsible for communicating therapy or referral needs to the Brazos
County Jail Administrator, or the designated agent. The Service Provider will document all
treatment, need for follow-up treatment, any diagnostic tests needed, therapy suggestions and
referral needs in note form and Me the same in the inmate's medical Me.
1.03 Additional Services Services to be provided pursuant to this Contract, but at an
additional fee as set forth in Article III herein, include diagnostic testing, whether routine or
otherwise, extended long-term medical treatment programs requiring more than a few
treatments for a given malady, treatment outside the Jail for medical services provided at
clinics operated by the Service Provider.
ARTICLE II
JUVENILE SERVICES
2.01 Scope of Services The Service Provider upon referral from the Brazos County
Juvenile Services (hereinafter referred to as "Juvenile Services") shall treat juvenile inmates,
(hereinafter referred to as "Detainees"), that are located in the Brazos County Juvenile
Detention Center (hereinafter referred to as "Detention"). Services are to include consultation
with detention licensed vocational nurse (herein after referred to as "LVN") and juvenile
probation officers (herein after referred to as "JPO") on duty in Detention. Consultation may
be by phone or on site. Consultation is to be diagnostic in nature to determine possible
medical malady and appropriate medical course of action. Also, the Service Provider will
Pa of 5
1 ?9
provide physical examinations, as requested, to be conducted at the Juvenile Detention Center,
for children being placed in the Juvenile Boot Camp or contract placement facilities.
2.02 Procedure JPO and LVN will routinely on a daily basis handle medical sick call
in Detention except when it is beyond their expertise. When medical concerns of Detainees is
beyond the ability of LVN, phone consultation with Service Provider will be initiated. If phone
consultation is inadequate in both, the JPO in charge and LVN's opinion, on site medical
consultation will be requested of Service Provider.
2.03 Additional Services Services to be provided pursuant to this Contract, but at an
additional fee as set forth in Article III herein, include diagnostic testing, extended long term
medical treatment programs requiring more than minor intervention, testing at the Service
Provider's clinics, x-rays, physical examinations in excess of the fifty annual exams as provided
in section 2.01 above, lab work or emergency medical treatment in an emergency room.
2.04 Reporting Responsibilities Phone consultation will be documented by JPO/LVN
in Detainees' medical file. On site consultation will require Service Provider to provide case
notes in Detainees' medical Me. The Service Provider will inform JPO or LVN during
consultation of the need for testing, x-rays, lab work or emergency treatment. The Service
Provider will communicate in writing with Juvenile Services, the Detainee's need for follow-up
treatment or referral to a medical specialist or relocation for medical treatment, which
communication shall be made part of the Detainee's medical Me.
ARTICLE III
FEES
3.01 Professional Fees For the services outlined in Paragraph 1.01, the County will
pay the Service Provider Three Thousand Three Hundred Dollars ($3,300.00), each month
services are provided, consisting of an arbitrary apportionment of $2700 representing ordinary
care and $600 representing additional detailed care and record maintenance. For the services
outline in paragraph 2.01, the County will pay the Provider an additional $525.00 for each
month services are provided. An annual fee of Two Thousand Five Hundred and No/100
Dollars ($2,500.00), shall be paid to the Service Provider for administration services.
Additionally, an annual payment of Three Thousand and No/100 Dollars ($3,000.00) shall be
paid to provider for addition Liability insurance which names Brazos County as addition
insured. The administrative fee of Two Thousand Five Hundred and No/100 Dollars
($2,500.00) and the additional insurance fee of Three Thousand and No/100 Dollars ($3,000.00)
shall be paid on December 15'" of the contract year. This Contract shall be from October 1,
2006 through September 30, 2007. Charges for any outside-the-Jail or outside-of-Detention
treatment of inmates or Detainees, as appropriate, at any clinic operated by the Service
Provider, or a physician's certificate related to a mental health commitment, or treatment of
an inmate or Detainee at a hospital emergency room or for any unusual diagnostic charge,
laboratory charge or physical exams of Detainees, or extended treatment program made under
this contract will be either billed by the Service Provider as provided below, or by the
independent laboratory or facility that provides such service.
Pa~//2?? of 5 /00
3.02 Billing The Service Provider will submit an invoice monthly, within 15 days of
the end of each contract month. The Service Provider will bill the County using a standard
Invoice for Services for the monthly flat rate fee. For services not covered by the Service
Provider's flat fee, the Service Provider will invoice the County using a standard Invoice for
Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized
costs for each, and Extended Total, at prevailing prices, which shall also be stated on the bill.
The County shall pay for services monthly. The Service Provider will not be responsible for
invoicing nor handling any but the related paperwork needed for the orders for such
independent laboratory or diagnostic tests as part of this agreement.
ARTICLE IV
ADMINISTRATION OF CONTRACT
4.01 Transportation If the Service Provider has assessed that an inmate or Detainee
needs to be relocated from the Jail or Detention for medical service of any kind or for any
reason, this assessment will be relayed at the earliest possible time to the Sheriff, Jail
Administrator or his agent, or the Superintended of Detention or Director of Juvenile Services,
as appropriate, so that immediate action can be taken. The Sheriffs Department, or Juvenile
Services, as appropriate, shall be responsible for initiating any paperwork which may be
needed to re-locate or transport the inmate for such treatment and for the transportation to an
appropriate facility.
4.02 Access to Files Once an inmate or Detainee has been referred to the Service
Provider, the Service Provider will be allowed to have access to that inmate's or Detainee's
personnel and medical file. Additionally, the Service Provider will have access to the medical
screening documents used by JPO and LVN to access a Detainee's medical history and
potential medical concerns, if such records are not part of a Detainee's personal or medical file.
A written request for such access is not required to be filed with the Sheriff's Department or
Juvenile Services, as appropriate. Under ordinary circumstances, presenting an inmate or
Detainee for medical treatment will be evidence of the authority for access of such records by
the Service Provider.
4.03 Support While on-site, the Sheriffs Department or the JPO or LVN shall be
responsible for providing the Service Provider with any reasonable support, assistance or
security that may be requested.
4.04 Patient Acceptance The Service Provider is under no obligation to accept for
medical treatment an inmate that the Service Provider deems inappropriate for treatment,
however, it is not anticipated that this would ever be likely in the course of this contract.
ARTICLE V
INSURANCE
Page 3 of 5
14 /o/
5.01 Each party to this agreement is responsible for maintaining their own liability
insurance and worker's compensation insurance, and each party will provide proof of same to
the other party on request. The Service Provider shall maintain during the term of this
contract a $1,000,000.00 malpractice insurance policy and a General Liability Policy of
$1,000,000.00 naming Brazos County, as an additional insured. Service Provider shall provide
a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance
notice to County of the cancellation of such policy.
ARTICLE VI
INDEMNITY
6.01 The Service Provider agrees to and shall indemnify and hold harmless and
defend the County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability of any kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of
contract arising out of or in connection with any work done by the Service Provider pursuant
to this Agreement.
ARTICLE VII
INDEPENDENT CONTRACTOR
7.01 In all activities or services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of the County. The Service Provider, as
an independent contractor, shall be responsible for all medical services provided and medical
decisions made pursuant to the terms of this Contract. The Service Provider shall supply all
materials, equipment and labor required for providing of medical services as required herein.
The Service Provider shall have ultimate control over the execution of the work under this
Agreement. County shall have no control over any decision, recommendation, or action taken
by the Service Provider pursuant to this Contract.
7.02 The Service Provider shall retain personal control and shall give her personal
attention to the faithful prosecution and completion of the services contracted for herein and
fulfillment of this Agreement.
ARTICLE VIII
LICENSING
8.01 The Service Provider is required to maintain all applicable licensing permits to
practice medicine. Further, all permits to or certification necessary to operate the Provider's
clinics shall be maintained. Copies of any applicable licenses are to be filed with Brazos
County.
ARTICLE IX
DEFAULT
P&JVA of 5
9.01
default:
Events of Default The following occurrences shall be considered events of
a. Failure to maintain license to practice medicine or any restrictions being
placed upon such license by the State Board of Medicine making the
providing of services hereunder impossible or difficult.
b. Failure to maintain all permits and licenses necessary to keep Service
Provider's clinics in operation.
c. Cancellation of Service Provider's medical malpractice insurance.
Upon an event of default, the County may terminate this Contract on three (3) days
written notice mailed by certified mail return receipt requested to the address listed below.
ARTICLE X
GENERAL PROVISIONS
10.01 Venue The venue of this contract is Brazos County, Texas, and this contract
shall be governed by and in accordance with the laws of the State of Texas.
10.02 Termination This contract may be terminated by either party upon thirty (30)
days written notice. Such notice shall be mailed return receipt requested to the non-
terminating party at the addresses listed below.
10.03 Term The term of this contract will be for twelve (12) months beginning
October 1, 2006 and shall terminate on September 30, 2007. The parties are hereby given one
(1) option to renew this contract for a period of one (1) year, to follow consecutively upon
expiration of the term hereof and of any renewal period, upon the same terms and conditions
contained herein. Any changes in the terms or conditions will necessitate the initiation of a
new contract.
SERVICE PROVIDER
L121 ce6
Ran %erian, M.D. Date 401 S. Texas Ave
Bryan, Texas 77803
BRAZOS
By:
Randy S} s, County Judge Date 300 East 2616 Street
Bryan, Texas 77803
Page 5 of 5
81~..-~a3
BRAZOS COUNTY
BRYAN,TX
SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT
WHEREAS, Brazos County, Texas, acting by and through its duly elected
Commissioners Court (hereinafter "COUNTY") and Junction Five-O-Five, a
Texas non-profit corporation (hereinafter "JUNCTION"), EXECUTED as
Independent Contract Agreement Dated the 17th day of November 1992 for the
establishment and management of recycling centers in Brazos County, Texas
(hereinafter the "Agreement'); and
WHEREAS, the COUNTY agrees to increase the pay to JUNCTION to the
sum of one thousand seven hundred sixty-seven dollars and twenty cents
($1767.20), per site for a total monthly sum of ten thousand sixty-three dollars
and twenty ce nts ( for services to be rendered by JUNCTION for
each of the following sites described below and in the Agreement:
I':~ (d-a. 9,0
Precinct 1 Site located on Kathy Fleming Road
Precinct 2 Site located on FM 2038
Precinct 3 Site located on State Highway 30
Precinct 4 Site located on Raymond Stoltzer Pkwy (FM60)
Precinct 5 Site located on Mumford Road
Precinct 6 Site located on Silver Hill Road
In as other respects the terms and conditions of the Agreement remain
unaltered and the parties hereto confirm, ratify and reaffirm the terms and
conditions of said Agreement.
NOW THEREFORE, Approved this day of,... 2006.
BRAZOS COUNTY, TEXAS JUNCTION FIVE-O-FIVE
Judge Iris Woolley, Executive D(obctor
Sla 10 4
?I;AZOS COUNTY (b/
4.07 POLICY ON OVERTIME COMPENSATION;
4.07.1 POLICY APPLICATION:
The Brazos County Commissioners Court discourages time and one-half payment for
overtime, which is authorized by the elected official or department head in charge, only if
adequate funds are available in the department's budget. In addition, the Court
discourages the accumulation of compensatory time off at one and one-half times the
number of hours worked because of the contingent liability this creates for the county.
The preferable method is to schedule time off for the affected employee during the same
work period before overtime is worked.
4.07.2 OVERTIME COMPENSATION:
Overtime compensation may be paid in the form of compensatory time off in accordance
with the provisions of the FLSA.
The county calculates overtime compensation by two methods:
a. Straight time is used to calculate overtime or compensatory time for periods of
absence due to holidays, vacations, illness or other similar causes. Calculation of
overtime for absences due to the use of compensatory time shall be at straight
time.
b. Time and one-half (1 %z) the employee's regular rate of pay is used to calculate
overtime or compensatory time when an employee physically works more than
forty (40) hours in a work week or for law enforcement more than 171 hours in a
28 day work period.
Overtime hours for covered employees will be booked at one and one-half (1 %2) times
their overtime hours worked.
Non-exempt employees shall receive compensatory time off, with pay, at a rate of one
and one-half (1 1/2) times the amount of overtime worked, if applicable.
4.07
Page 1 of 4
8~ /05
ARAZOS COUNTY
4.07 POLICY ON OVERTIME COMPENSATION (continued)
4.07.3 MAXIMUM COMPENSATORY TIME:
The maximum amount of unused compensatory time an employee shall be allowed to
have at any one time is 240 hours and 480 hours for jailers and deputies.
When an employee has reached the maximum accrual of compensatory time, any
additional overtime worked shall be compensated at a rate of one and one-half (1 1/2) the
employee's regular rate of pay, if applicable until compensatory time has been used to
bring the balance below the maximum.
The county shall retain the right to "buy back" all or part of an employee's unused
compensatory time by paying the employee for that time the employee's current regular
rate of pay.
Unless prior approval is received by the Commissioners Court, compensatory time will
be cashed out according to the following schedule:
a. Twenty (20) hour for employees whose regular pay hours is less than 80 hours
per pay period.
b. Forty (40) hours for employees whose regular hours are greater than 80 hours
per pay period.
The county will pay the employee for all compensatory time earned and not taken in
excess of hours outlined above for the pay period in which the time is earned. The
payroll officer is authorized to pay on the compensatory time that has been properly
reported and recorded.
All compensatory time must either be taken or paid by the last payroll in September. If
not he compensatory time will be paid out at the employee's regular rate of pay.
4.07.4 USE OF COMPENSATORY TIME:
Employees shall be allowed to use earned compensatory time within a reasonable period
after it is requested provided that the employee's absence will not place an undue
hardship on the operations of the department in which the employee works.
Compensatory time may be used for any purpose desired by the employee.
4.07
Page 2 of 4
/0(,
BRAZOS COUNTY
4.07 POLICY ON OVERTINAT COMPENSATION (continued)
4.07.4 USE OF COMPENSATORY TIME: (continued)
4.07.5 TERMINATION:
If an employee terminates employment, for any reason, prior to using all earned FLSA
compensatory time, he/she shall be paid for all unused compensatory time in accordance
with the requirements of the FLSA.
4.07.6 BUY BACK OF COMPENSATORY TIME:
The County shall retain the right to "buy back" all or part of an employee's unused
compensatory time by paying the employee for that time at the employee's current
regular rate or the average of the last three (3) years of regular rate of pay, whichever is
greater.
4.07.7 CASH PAYMENT FOR OVERTIME:
The County shall retain the right to pay all or part of the overtime worked in any
workweek by paying for that overtime at one and one-half (1 1/2) the employee's regular
rate of pay or the average of the last three (3) years of regular rate of pay, whichever is
higher.
4.07.8 RECORDKEEPING:
Each employee shall be responsible for recording any compensatory time used within a
pay period on the time sheet for that pay period. No payment for compensatory time will
be made that has not been officially recorded.
The department head shall be responsible for keeping records of all compensatory time
earned and used by each eligible County employee in his/her department and shall update
the balance due to each employee at the end of each pay period.
The department head shall provide each eligible employee in his/her department with a
statement of the employee's compensatory time earnings, use, and balance at the end of
each pay period.
4.07
Page 3 of 4
o
BRAZOSCOUNTY
4.07 POLICY ON OVERTIME COMPENSATION (continued)
4.07.9 OTHER ISSUES:
Any issues on overtime compensation not addressed in this policy shall at least meet the
minimum requirements of the Fair Labor Standards Act and the regulations issued by the
Department of Labor to administer that Act.
4.07
Page 4 of 4
,F4 gee
BRAZOSCOUNTY
4.07 POLICY ON OVERTIME COMPENSATION
This policy on payment of overtime compensation is approved by the Brazos County
Commissioners Court this the a, of September, 2006.
ATTEST:
C~
K ,'Ten McQueen
County Clerk
k,6
1~ 9
-~f 16 )
BRAZOS C, )LINTY
2.07.2 POLICY ON EMERGENCY CLOSING AND PAYMENT OF EMPLOYEES
A. PURPOSE:
The Brazos County Commissioners Court has adopted the following emergency
closing procedures to provide paid leave for essential and non essential employees in
the event of certain emergencies including, but not limited to: hurricanes, tornados,
and other Acts of God, nuclear, chemical and biological emergencies, terrorist attack
or any other emergency declared by a federal, state or local authority. Brazos County
shall endeavor to adequately compensate those essential Brazos County employees
who are required to sacrifice their personal safety, as well as the safety and well being
of their families, during a time of emergency for the greater good of the citizens of
Brazos County, Texas. Nothing in this policy shall be construed as changing the "at
will" status of any person employed by Brazos County.
B. PROCEDURE FOR CLOSING COUNTY OFFICES:
1. Whenever the County Judge, a County Commissioner or Emergency
Management Coordinator has reason to believe that an emergency situation
exists (or is eminent) necessitating closing of county facilities, if time
permits, an emergency meeting of the Commissioners Court shall be held to
consider official action.
2. If, in the opinion of the County Judge, or, in the absence of the County Judge
the senior available County Commissioner, insufficient time exists to hold an
emergency meeting of the Commissioners Court, then the Emergency
Management Coordinator in conjunction with the Sheriff, based on concern
over the safety of county employees and other citizens as well as interest in
the availability of governmental services, determine whether to close
buildings in whole or in part.
3. Once a decision has been made to close any or all county buildings, the
County Judge or County Commissioner making the decision, or his designee
shall make every attempt to notify the local news media to inform the citizens
of the closing and the affected Elected Officials and Department Heads.
C. PAYMENT OF EMPLOYEES DURING DISASTER DECLARATION:
When county office(s) are closed due to emergency weather condition,
including a natural disaster/or unforeseen circumstances, the affected
employee shall be paid for all time the employee would have worked had the
county office(s) not been closed. This time off will be coded as an official
closed day. This time off is not considered time worked and will not be used
to determine eligibility for overtime.
2.07.2
Page 1 of 3
E iio
BRAZOSCOUNTY
2.07.2 POLICY ON EMhkGFNCY CLOSING AND PAYMENT OF
EMPLOYEES(cont)
C. PAYMENT OF EMPLOYEES DURING DISASTER DECLARATION
(cont)
2. An employee who is off or scheduled to be off on sick leave, vacation, or
holiday, compensatory time off, personal leave, FMLA or leave without pay
during a period of emergency closing shall have their leave recorded as an
official closed day.
3. Whenever there is an official emergency closing of all county operations, any
non-exempt essential personnel who are recalled to work will be compensated
at one and one half (1.5) times their hourly rate or awarded compensatory
time. Essential personnel may include deputy sheriffs, road and bridge crews,
emergency management personnel, detention officers, risk management
personnel and/or other personnel designated by the County Judge, County
Commissioners, Sheriff or other elected officials or department heads.
There may be instances when only certain buildingloffices are officially
closed. In these instances the affected employees will be compensated in
accordance with Paragraph 1 of this policy, and all unaffected employees'
compensation will be the same as during regular working conditions.
4. Any essential employee who fails to report to work as scheduled during
inclement weather or disaster shall use (1) vacation, compensatory time or
personal leave or (2) time off without pay, at the discretion of the elected
official or department head.
D. TEMPORARY CHANGE IN STATUS FOR EXEMPT EMPLOYEES:
During a disaster declaration, non-elected exempt employees who are
assigned to work the disaster shall be temporarily reclassified as non-exempt
employees during the time declared as disaster. The temporary status as set
forth in this paragraph shall begin on the date that the Brazos County Judge
declares an emergency and shall continue during the time declared as an
emergency and, further until the end of the emergency as determined and
declared by the Brazos County Judge in the exercise of his sole discretion.
During the time of the emergency, these temporarily designated non-exempt
employees shall be paid an hourly wage in accordance with the overtime
requirements of FLSA and shall be entitled to any other benefits accruing to
any other normal or regular non-exempt employee.
207.2
Page 2 of 3
4 1/1
BRAZOSCOUNTY
2.07.2 POLICY ON FMERGENCY CLOSING AND PAYMENT OF
EMPLOYEES(con:)
D. TEMPORARY CHANGE IN STATUS FOR EXEMPT EMPLOYEES(cont)
2. An employee who is recalled to duty shall be compensated at one and on half
(1.5) times their hourly rate for all hours worked.
E COMPENSATION FOR RESERVE DEPUTIES CALLED INTO
SERVICE:
1. Any Reserve Deputy Sheriff or Reserve Deputy Constable called into service
during a declared emergency or disaster by the County Judge or County
Commissioners shall be paid a salary equal to a current pay group 21, step 2
for all hours worked.
F. OTHER OVERTIME COMPENSATION:
For all other emergency weather conditions, not declared a disaster by the
County Judge, employees who are called out after normal working hours shall
be paid for a minimum of four (4) hours straight time, or time and one half
(1.5) for actual hours worked, whichever is greater. The four hours straight
time shall not count towards hours worked for the purpose of overtime
calculation, unless such hours are actually worked. Department
Heads/Elected Officials shall maintain sufficient records to determine hours
worked by employees on "call outs" to calculate overtime.
G. OTHER EMERGENCY LEAVE:
1. Employees may be granted up to three (3) days emergency leave annually
during the calendar year, unless additional days are granted by the
Commissioners Court for circumstances caused by unforeseen weather
conditions, including a natural disaster, which prevent an employee from
being able to travel to the county courthouse or other county office or job site.
Such circumstances include, but are not limited to, roads made impassible by
heavy rains, or ice.
H. OTHER CLOSINGS OF OFFICES:
An elected official may choose to close his or her office at any time, however,
until the County Judge or Commissioners Court has officially closed county
operation(s), employees shall use accrued leave (vacation, compensatory
time, or personal leave) or leave without pay.
2.07.2
Page 3 of 3
BRAZOS COUNTY
v( / I
2.07.2 POLICY ON EMERGENCY CLOSING AND PAYMENT OF EMPLOYEES
This policy on Emergency Closing and Payment of Employees is approved by ih e
Brazos County Commissioners Court this the - -4f-_ day of September) 2006.
Randy Sims
County Jul
ATTEST:
ren McQueen
County Clerk
113
"~Lt (O
AMEis F.D
POLICY ON ACCRUAL OF LEAVE WFULE ON
FAMILY MEDICAL LEAVE (FMLA
WHEREAS, THE FAMILY MEDICAL LEAVE ACT (FMLA) was enacted by the Federal
Government and became effective August, 1993, (29 CFR Part 825); and
WHEREAS, Brazos County is a covered employer by this act and must comply with these
regulations; and
WHEREAS, these regulations allow employers to develop regulations regarding the accrual of
vacation and sick leave while on leave under the FMLA and receiving payment of previously
accrued time; and
WHEREAS, it is the belief that employees who are on leave under the FMLA should continue to
accrue vacation and sick leave while being compensated from their accrued leave. Once the
employee is put on leave without pay, all accrual of time ceases until the employee returns to
work.
NOW, THEREFORE, the Commissioners Court of Brazos County orders and directs that all
employees who are placed on leave under the FMLA and are on paid leave shall continue to
accrue vacation and sick leave in the same manner as if they were actively at work until they
have exhausted the hours earned at the date the FMLA begins. Employees who are on leave
under the FMLA and are unpaid will not be allowed to accrue vacation and sick leave.
This order becomes effective immediately.
THIS policy is approved by the Brazos County Commissioners Court this -4 day of
September, 2006. .
Randy Sims
County Juo,
ATTES
C~
Karen McQueen
County Clerk
8~ i l ~
REQUEST FOR SALVAGE DESIGNATION
1.
Group of 8 monitors
Non-working
2.
Group of 7 keyboards
Old, dirty, unknown if working
3.
Group of 3 UPS power source units
Non-working
4.
Laminate 6ft table
damaged sides, broken leg
5.
Small Sharp 10-key calculator
Not working
6.
Older desks (one shop-made)
Poor condition, out of the jail
This property was advertised at public auction with no bids received. It is in poor and
non-working condition.
THE ITEMS LISTED ABOVE 1 - 6) ARE
APPROVEJ~FOR-S*LVAGE DESIGNATION:
Randy Sipg',, County Judge date
4 //s
Document Efficiency
At Work."
Product Schedule
State and Local Government
Master Agreement Number:-
This Image Management Plus Product Schedule ("Schedule") is made part of the State and Loca Government ter Agreement ("Master Agreement") identified
on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and _ L]'( gvK11'y 0 as Cusmmer ("You").
All terms and conditions of the Master Agreement are incorporated into this Schedule and made apart hereof t is the intent of the parties that this Schedule be separately
enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement
CUSTOMER INFORMATION
0
JIAV CtvI niroaa S TX ?7rej T %foV gyrpJ 7-; `7 7YV3
City, County State Zip City County State Zip
Customer Contact Name: Customer Telephone Number: Fax Number/E-mail Address:
M S 9 4- 3!,/-~,zY
Quantity Eauinment Desrriotion- Mot- M..AoI a, ce_:..t ta.._t__
(IQ
Oca D
f otn
Inouel & 3en2l Number
rAymtNT JCNFn111F
Minimum Term (mos.)
lA/
Cost
Pe
Cost of
$ Additional
Guaranteed Minimum
Mon y/Quarterly/ er
Ima O
Meter Reading/Billing
For Additional Images
Minimum Payment
Tax
$ Without 0
Payment Due
1x Monthly -Quarterly
Advance Payment (with cox) $
_ Apply to 1st Payment
-Monthly
-Quarterly
X O
er
-Other
Other
1
t 2t, t puk
Sates . rxemprrtfa Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.OA, etc.)
Addendum(s) Attached: ❑ yes (Check if yes and indicate total number of pages: 1
TERMS AND CONDITIONS
1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form.
2. You, the undersigned Customer, have applied to us to use the above-described items ("Products') for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDTITONAL,
NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms
hereof, including the Terms and Conditions on the Master Agreement THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT.
3. fmage Char /M re - In return for the Minimum Paymen4 you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use more than the
Guaranteed Minimum Monthly/Quarterly/Other hnages in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional
metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufactureA recommended specifications for supplies, you agree to
pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used
will he reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee
with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi-
tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment.
4. Additional Provisions (if any) are:
CUSTOAIEER ~ IKON OFFICE SOLUTIONS, INC.
X _r
(j A Title:... Dare:
Au 'zed Sign r Authorized Signer
a~~ m5 n~ ud
(Authorized Signer4 printed name) (Authorized Signer's printed name)
9lk l/(~o
Image Management Plus Commitments
Document Efficiency
At Work."
The below performance commitments (collectively, the "Guarantees") are brought to yon by IKON Office Solutions, Inc., an Ohio corporation
having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON'), one of the largest distributors Of office solutions
in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth
below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products")
described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the
Products are accepted by you and apply during IKON's normal business hours, excluding weekends and IKON-recognized holidays. They remain
in effect for the Minimum Term so long as no ongoing default exists on your part.
TERM PRICE PROTECTION
The Image Management Cost Per Image and the Cost of Additional
Images, as described on the Schedule, are guaranteed against any price
increase during the term of the Schedule, unless agreed to in writing
and signed by both parties.
SERVICE AND SUPPLIES
IKON will provide full coverage maintenance services, including
replacement parrs, drums, labor and all service calls, during normal
business hours, excluding weekends and IKON-recognized holidays.
Performance issues relating in software and/or connectivity are inde-
pendent of these Guarantees and may be covered, if applicable, as out-
lined in any software/connectivity professional services agreement you
may separately enter into with IKON. IKON will also provide the sup-
plies required to produce images on the Products covered under the
Schedule (other than non-metered Products and soft-metered
Products), excluding staples. The supplies will be provided according to
manufacturer's specifications. Optional supply items such as paper and
transparencies are not included.
GUARANTEED RESPONSE TIME
IKON guarantees a quarterly average response time of 2 to 6 hours for
all service calls located within a 30 mile radius of any IKON office, and
4 to 8 bouts for service calls located within a 31-60 mile radius for the
term of the Schedule. (In the case of Canon iR 110 machines, the quar-
terly average response time will be 2 hours for all service calls.)
Response time is measured in aggregate for all Products covered by the
Schedule. If this response time guarantee is not met, a credit equal to
$100 toward your next purchase from IKON will he made available
upon your request. Credit requests must be made in writing via regis-
tered letter to the address specified in the "Correspondence" section.
UPTIME PERFORMANCE GUARANTEE
IKON will service the Products provided under the Schedule to be
operational with a quarterly uptime average of 95% (based on manu-
facturer's performance standards and an 8-hour day, during normal
business hours, excluding weekends and IKON-recognized holidays),
excluding preventative and interim maintenance time. Downtime will
begin at the time you place a service call to IKON. You agree to make
the Products available in IKON for scheduled preventative and interim
maintenance. You further agree to give IKON advance notice of any
critical and specific uptime needs you may have so that IKON can
schedule with you interim and preventative maintenance in advance of
such needs.
IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS
At any time after the expiration of the initial ninety day period of the
original term of the Image Management Plus Schedule to which these
Guarantees relate, IKON will, upon your request, review your image
volume. If the image volume has moved upward or downward in an
amount sufficient for you to consider an alternative plan, IKON will
present pricing options to conform to a new image volume. If you agree
that additional equipment is required to satisfy your increased image
volume requirements, MON will include the equipment in the pricing
options. The addition of equipment and/or increases/decreases to the
Guaranteed Minimum Images require a new Schedule that must be
agreed to and signed by both parties. The new Schedule may not be less
than the remaining term of the existing Schedule but may be extended
for a term equal to that of the original Schedule. Adjustments to the
equipment may result in a higher or lower cost per image and payment.
Image decreases are limited to 25% of the original Guaranteed
Minimum Images.
UPGRADE GUARANTEE
At any time after the expiration of one-half of the original term of the
Schedule to which these Guarantees relate, you may reconfigure the
Products by adding, exchanging, or upgrading in an item of Products
with additional features or enhanced technology. A new Schedule of like
original term must be agreed to and signed by you and us. The Image
Management Cost Per Image, the Cost of Additional Images and the
Minimum Payment of the new Schedule will be based on the Products,
the added equipment and new image volume commitment.
PERFORMANCE COMMITMENT
IKON is committed to performing these Guarantees and agrees to
perform its services in a manner consistent with the applicable manu-
facturer's specifications. If IKON fails to meet any Guarantee and in the
unlikely event that IKON is not able to repair the Products in your
office, IKON, at IKON's election, will either provide a temporary loan-
er while the Products are being repaired at IKON's service center, or
IKON will replace such Products with comparable Products of equal or
greater capability at no additional charge. If you are dissatisfied with
IKON's performance, please send a registered letter outlining your
concerns in the address specified below in the "Correspondence"
section. Please allow 30 days for resolution.
CORRESPONDENCE
Please send all correspondence relating to the Guarantees via registered
letter to the IKON Quality Assurance Department located at: 1738
Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality
Assurance Department will coordinate resolution of any performance
issues concerning the above Guarantees with your local IKON office.
MISCELLANEOUS
These Guarantees do not cover repairs resulting from misuse (includ-
ing without limitation improper voltage or the use of supplies that do
not conform to the manufactmer's specifications) or any other factor
beyond the reasonable control of IKON. IKON and you each aclmowl-
edge that these Guarantees represent the entire understanding of the
parties with respect to the subject matter hereof and that your sole rem-
edy for any Guarantees not performed in accordance with the forego-
ing is as set forth under the section hereof entitled "Performance
Commitment" Except as expressly set forth herein, IKON makes no
warranties, express or implied, including any implied warranties of mer-
chantability, fitness for use, or fitness for a particular purpose. Neither
party hereto shall be liable to the other for any consequential, indirect,
punitive or special damages. These Guarantees shall be governed
according to the laws of the Commonwealth of Pennsylvania without
regard to its conflicts of law principles. These Guarantees are not
assignable by the Customer. You acknowledge and agree that, in con-
nection with its performance of its obligations under these Guarantees,
IKON may place automated meter reading units on imaging devices,
including but not limited in the Products, at your location in order to
facilitate the timely and efficient collection of accurate meter read data
on a monthly, quarterly or annual basis. IKON agrees that such units
will be used by IKON solely for such purpose. Once transmitted, all
meter read data shall become the sole property of IKON and will be
utilized for billing purposes.
Guaranteed Minimum Images commitment and/or the addition of9
10
IKON: Document Efficiency At Work" and IKON Office Solutions' are trademarks of IKON Office Solutions, Inc. S&LG Image Management Plus Schedule 4.04
QUOTE TABULATION
Inspection of Smoke Detectors and Fire Alarm Panels at Detention Facilities
10/01/06 - 09/30/07
DESCRIPTION
VENDOR
PRICE
Inspect smoke detectors & fire
alarm panels at detention
facilities on quarter) basis
A-1 Fire & Security
$7,980.00
Sim IexGrinnell
$16,408.16
International Fire Protection
No Response
Wilson Fire E ui ment & Service
No Response
Houston Fire & Security
No Response
E wire Fire & Safety
No Response
Central Texas Security & Fire
No Response
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~6 119
September 22, 2006
Judge Randy Sims
Brazos County Judge
300 E. 26`h Street, Room 114
Bryan, Texas 77803
RE: Representation of Indigent Juveniles
Dear Judge Sims:
This letter will confirm our agreement wherein Patrick Gendron and Lane Thibodeaux
(the "Contractors") have agreed to contract with Brazos County, Texas, the Contracting
Authority, (the "County") to represent indigent juveniles in Brazos County pursuant to
Proposal Request No. 2006-036. The Appointing Authority is the committee of judges
comprised of the 85th District Court Judge, 361" District Court Judge, 272nd District Court
Judge, Judge of County Court at Law #1, and Judge of County Court at Law #2.
TERM OF CONTRACT:
The Contractors will begin accepting appointments under this Contract to represent indigent
juveniles on October 1, 2006, and will cease to be appointed to cases on or after October 1,
2007, unless a new contract is entered into between the County and the Contractors before
October 1, 2007. The Contract may be extended as provided in Proposal Request No. 2006-
036 "Procedures for Renewal of Contract".
This contract can be terminated upon thirty (30) days written notice by or to the County.
SCOPE OF CONTRACT:
Legal representation shall be provided as detailed in Proposal Request No. 2006-036.
Beginning on the start date of this contract, the Contractors will be jointly appointed counsel
to criminally accused juveniles from indigent families.
MINIMUM ATTORNEY QUALIFICATIONS / STANDARDS OF REPRESENTATION:
The minimum attorney qualifications shall be as specified in Proposal Request No. 2006-036.
The Contractors shall provide zealous legal services to all clients in a professional, skilled
manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional
Conduct.
DURATION OF REPRESENTATION:
The Contractors have the responsibility to complete all cases once representation is
commenced during the term of the contract.
SUBSTITUTION OF ATTORNEYS:
The Contractors shall be substituted only according to the terms as specified in Proposal
Request No. 2006-036.
g~ ►ao
CASELOAD LIMITATIONS:
The maximum number hearings that ea,,. attorney is allowed to perform under this Contract
is seventy (70) hearings per week.
CONFLICTS OF INTEREST:
The procedures for dealing with conflicts of interest as specified in Proposal Request No.
2006-036 shall be followed.
INVESTIGATORS AND EXPERTS / EXPENSES:
Pursuant to Proposal Request No. 2006-036, the Contractors will be solely responsible for all
expenses associated with the representation of indigent juveniles to which appointed. There
shall be no additional compensation or reimbursement due on any case without the express,
written approval of the Juvenile Court having jurisdiction over the case.
COMPENSATION AND PAYMENT PROCESSES:
The sum $ 153,000.00 is to be paid to the Contractors in twelve (12) equal installments of
$12,750 on the 15` of each month beginning November 1, 2006, and continuing thereafter until
October 1, 2007. Payment shall be made as specified in Proposal Request No. 2006-036
according to the requirements of the Brazos County Auditor. Payment is to be made to the
"Indigent Juvenile Operating Account" unless otherwise specified by the Contractors.
For cases assigned but not disposed within the term of the contract, the Contractors shall be
compensated according to the regular schedule of fees for services provided to attorneys
representing indigent juvenile clients.
REPRESENTATION:
The Contractors reserve the right to designate which attorney shall perform the various
aspects of the representation of indigent juveniles.
OTHER TERMS:
Any other requirements of Proposal Request No. 2006-036 that are not specifically noted in
this Contract are incorporated into this Contract.
APPROVED AND AGREED TO:
Brazos
By:
Date
Date
~ . 7? 7600
Date
84 lal
Judge RX(dy Sims
AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 )
STATE OF TEXAS §
COUNTY OF BRAZOS § jl ab CCS i l A f 9
BEFORE ME, the undersigned authority, on 2~(1 t'D personally app 't Tit x5
R N I Q i who being duly sworn, deposes and says:p
1. That he/she has a substantial interest in a business entity or real property. O ffi ctionfiakenbyttie
Commissioners Court of Brazos County, Texas concerning Agenda Item No. c
r~ ' of the Court
Agenda dated "1- Z jr -Q (p described as ~IMI Gt.. ~'p~ c 12 Q/t p - 0 - / CL
~~1 e6fv /-a AD ✓7 ~rQ P 11 r c.Gu°C l~; ~ad have a special economic effect on that
business entity or a special economic effect on the value of the real property, that is distinguishable from the effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
O d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
e. other Ncs'r?NOvi H 1.~FO2nya-~On, v,.r,,s (uQRSu3o~rr ~
3. That I will abstain from participation in the matter referred to in Item 1 unless au prized by law.
Signature
SWORN TO AND SUBSCRIBED BEFORE ME this the day of ~ 20~y/
~
oy leyBEATRIZ Q. QREBN Notary Public in and f
r. ~u~i
1 Net ay c. 5;ete o texas The State of Texas
fy CDmmiWon EXOM
{ 1%~'c t`s JUNE 11, 2010 41
Filed:
yIAOAS~~! c County Clerk J
Yi t
•
AFTWAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 FILED
STATE OF TEXAS § Z906 OCT I I A q: i q
COUNTY OF BRAZOS &
BEFORE ME, the undersigned authority, on ~G{ ~p 90061 ' ` ~
1 A / , yarsonallyapp6ated,i °„L fLX;,,
Ve.qo L/ ~VI ( ~~ayt who being duly sworn, depose%4sA sue: t ~
1. That he/she has a substantial interest in a business entity or real property. Official action taken by the
Commissioners Court /of Brazos County, Texas concerning Agenda Item No. alP- of the Court
Agendadated q-&-OL describedas Mrdr c+- K)l y yl 7t A, ✓~yi -IJyI'ltA
(~C'i would have a special economic effect on that
business entity or a special economic effect on the value of the real property, that is distinguishable from the effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
O c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
V C.
3. That I will abstain from participation in the matter referred to in Item 1 unless uth sized by law.
Signature
SWORN TO AND SUBSCRIBED BEFORE ME this the L4-~'day of 20210
`"•'q4 . BEATRIZ D. GREEN
Nmzy Public, Slate of Texas
My Commission Evres
JUNE 11, 2010
Filed:
Notary Public in and for
The State of Texas
r[ Qe,~
Fa Ia3
3
BRAZOS COUNTY
BRYAN. TEXAB
BRAZOSCOUNTY
RESOLUTION
A RESOLUTION APPROVING THE BUDGET OF THE BRAZOS COUNTY
EMERGENCY COMMUNICATIONS DISTRICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the laws of the State of Texas provided for interlocal governmental agreements to
benefit the citizens of the State; and,
WHEREAS, the voters of Brazos County have approved the establishment of the Brazos County
Emergency Communications District in accordance with State law; and,
WHEREAS, the Board of Managers of the District have approved and adopted the Budget for
fiscal year 2006-2007; and,
WHERERAS, Section 772.309 of the Health and Safety Code requires the approval of the
District's budget by the Commissioners Court of the County located in the District and a
majority of the participating jurisdictions in the District; and
WHEREAS, the undersigned authorities have, in public meeting, approved the annual budget of
the District as submitted to them.
NOW, THEREFORE, BE IT RESOLVED by the Commissioner's Court of Brazos County,
Texas that:
1. The Commissioners Court of Brazos County, Texas hereby approves the annual budget of
the District as submitted to them and as provided for by law.
2. A copy of the budget is attached hereto as Exhibit "A" and incorporated herein by this
reference for all purposes.
3. This Resolution shall be effective immediately upon its adoption and passage.
ADOPTED AND PASSED
this .26 day of be rJ2--C 12006.
BY:
Judge
ATTEST:
Karen McQueen, County Clerk
86 /aq
Resolution 406012
CONTRACT
THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
acting by and through its duly elected County Commissioners (hereinafter "County"), and the
BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Rape Crisis Center, Brazos Valley
(hereinafter "Provider"), located in Bryan, Texas.
RECITALS:
WHEREAS, the County has the objective of providing support services to the victims of
sexual assault; and
WHEREAS, the Provider shares this common goal with the County; and
WHEREAS, the County desires to assist the Provider in providing support services to
victims of sexual assault through funds provided by the County.
NOW THEREFORE, the parties above stated agree to the following terms and conditions
to provide such support services.
TERM
This contract shall continue in force and effect for a term of twelve (12) months
commencing on the 1°t day of October, 2006, and terminating 30th day of September, 2007.
CANCELLATION
This contract may be canceled by any parties hereto upon sixty (60) days written notice
as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider will provide services to victims of sexual assault and their families. These
services will include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group
counseling; community awareness programs; Speaker's Bureau; training and supervision of
volunteers; training for law enforcement agency personnel, the medical community, clergy, staff
of the District Attorney's office and psychologists.
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be used to pay operational
expenses of the Provider, including rent, telephone expenses, and office supplies, as described in
Exhibit A - Budget, attached hereto and made a part hereof for all purposes.
las
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider a maximum amount of money totaling
cT for the term of this Contract.
This sum shall be paid upon the following date and in the following amount:
October 15, 2006 $
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following services pursuant to this Contract:
1. Maintaining this Contract;
2. Providing of the Provider's Services;
3. Maintaining data files on client's and the Services provided thereto;
4. Respond to all and any inquiries by the County regarding the Center and its Services;
5. Assist the County with information needed for audit purposes;
6. Provide the County with quarterly financial statements;
7. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith;
8. 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
The County shall be responsible for the following duties and requirements:
1. Provide County funds for the payment of the consideration stated herein
2. 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.
i(o,2 1 a(P
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to those
individuals using its services and all financial records of the Center. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitation of state law, any and all records the County determines, in its
sole discretion, to be necessary for the Court to justify its continued participation in supporting the
Provider with funding. Such records shall be retained for at least four (4) years from the date the
service was provided. These records shall be made available for inspection and audit by the
County, if it so desires.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for employment
because of race, color, sex, or national origin. The Provider shall take affirmative action to
ensure that applicants who are employed are treated during employment, without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not limited to, the
following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rate of pay or other forms of compensation; and selection for training,
including apprenticeship. The Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless
from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from
the breach, violation or non-performance of the services stated herein and for any damage to any
person resulting from any action or 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 employee or agent of the County and that each shall maintain at its own expense, adequate
liability insurance to insure against damages and liabilities which may arise due to the duties and
obligations contracted for herein.
11
86 I o,7
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out of this Contract or the services to which it relates has personal interest direct or
indirect, in this Contract.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of
Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
such notice or by mailing it, registered mail to the other party at the following addresses:
Brazos County Rape Crisis Center, Inc.
P.O. Box 3082
Bryan, Texas 77805
Confidential Physical Location: 3131 East 29th Street, Bldg B, Bryan, Tx 77802
Brazos County
Go Commissioners Court
Brazos County Courthouse
300 East 2e Street, Suite 114
Bryan, Texas 77803
FURTHER ASSURANCE
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Agreement.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are held to
be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability
of the remaining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto concerning
the subject matter contained herein. There are no representations, agreements, arrangements,
BRAZOS COUNTY RAPE CRISIS CENTER, INC.
PROPOSED 2007 BUDGET
EXPENSES
Personnel
Salaries
$172,295
Payroll Taxes
13,776
Health Insurance
31,164
Retirement
5,314
Auto Mileage-Employees
9,708
Care Packages/Clients
1,500
CommEd,/EdResMat,VolT
r 6,014
Communication Costs
12,500
Conferences
8,000
Dues/Fees
1,500
Furniture
500
Insurance
2,300
Miscellaneous
5,000
Office Equipment
4,664
Office Supplies
5,500
Office Expenses/Printing
3,500
Postage
1,000
Professional Fees
5,800
Professional Services
14,400
Rent
32,789
Repairs/Maintenance
1,725
Utilities/Janitorial/Pest
10,827
$349,280
$20,000 COUNTY FUNDS TO BE USED AS
CASH MATCH FOR VOCA GRANT
Cash Match: Personnel-(5 full time staff
salaries, payroll taxes, health insurance
and retirement); Rent; Utilities; Counseling;
Communication Costs
EXHIBIT "A"
or understanding, oral or written, between or among the parties hereto, relating to the subject
matter of the Agreements, which are not fully expressed herein.
ASSIGNABILITY
Provider shall have the right to assign this Contract and any of its rights hereunder to a
wholly owned subsidiary or to a corporation with which it may be merged without prior written
consent of the County; otherwise, this Contract is not assignable by the Provider without the prior
written consent of the County.
DATED thise day of , 2006.
Bra
By:
Brazos County Rape Crisis Center, Inc.
By:
BILL TURNER, President
ATTE
LA RY SO KI, 'Executive Director
5
'CONTRACT FOR SERVICES
KEEP BRAZOS BEAUTIFUL, INC.
STATE OF TEXAS §
COUNTY OF BRAZOS §
This is an Agreement by and between the COUNTY OF BRAZOS (hereinafter referred to as
"COUNTY") and KEEP BRAZOS BEAUTIFUL, (hereinafter referred to as ("Keep Brazos Beautiful,
Inc.") a non-profit organization for the improvement of Brazos County.
WHEREAS, Keep Brazos Beautiful, Inc. is a volunteer environmental educational organization
dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County
through programs that educate and engage Brazos County citizens to keep our community clean, green,
and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste,
beautifying and improving their surroundings; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties
agree as follows:
Keep Brazos Beautiful, Inc. shall provide services to the COUNTY as follows:
A. 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 concerning Citizen
Collection Stations in rural Brazos County as requested.
B. Educate the community on the need to recycle and to buy recycled products through the use
displays, public speaking engagements, and "Texas Recycles Day" events.
C. Assist in training area youth and adults in area schools, museums, civic clubs, etc. on the
importance of litter prevention, recycling, re-use, and buying recycled products, conservation
of resources, the proper care and planting of trees and maintain a lending library to assist in
teaching about a variety of environmental issues. Provide positive environmental leadership
and volunteer opportunities to Brazos County youth and adults.
D. The Executive Director shall serve on the Solid Waste Advisory Committee (SWAG) of the
Brazos Valley Council of Governments (BVCOG) to promote environmentally sound waste
management practices in the Brazos Valley.
E. Promote the "Adopt-a-Road programs in the county through a variety of public outreach
efforts.
F. Perform an annual "Litter Index" survey of the Brazos County and provide the scores to the
Commissioners Court.
G. Organize volunteers to assist in cleaning illegal dumps in Brazos County. Act as an
information resource to citizens, law enforcement officials, prosecutors, and the
Commissioners Court about issues relating to illegal dumping in Brazos County.
$IP ~d)
H. Promote a "Memorial TREES Program" to plant trees in Brazos County and host an annual
Arbor Day Celebration.
1. Plant wildflower seed along public roadways in Brazos County.
J. Provide positive reinforcement through a variety of award programs such as the Business and
Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards.
Keep Brazos Beautiful, Inc., Inc. will be funded by the COUNTY in the amount of Eighteen Thousand
Dollars ($18,000) from the COUNTY 2006-2007 Fiscal Year funds to be used for salaries and operating
expenses. Additionally, the COUNTY will also provide One Thousand Five Hundred Dollars ($1,500) to
be used to be used to pay for the rental of the Brazos Center, for the Kick-Off and Post Appreciation Party
at the next year's annual spring community cleanup events the "Don't Mess with Texas Trash-Off" and
"Brazos Trash-Bash in April.. Keep Brazos Beautiful, Inc. shall maintain fiscal records and supporting
documentation in the form of canceled checks, payroll records, invoices, and/or other documentation
required for all expenditures of funds made under this agreement.
2. Keep Brazos Beautiful, Inc. shall submit a financial statement to the COUNTY annually.
3. All notices and documentation required to be sent to the COUNTY shall be forwarded to
Judge Randy Sims
Brazos County Court House
300 E. 26th St. Suite #114
Bryan, TX 77803
4. It is understood and agreed that the COUNTY'S participation in Keep Brazos Beautiful, Inc. is
limited to the contribution of funds. COUNTY, at no time, shall be liable or responsible for acts of
Keep Brazos Beautiful, Inc., its agents or employees. Keep Brazos Beautiful, Inc., at no time shall be
liable or responsible for acts of BRAZOS COUNTY, its agents or employees.
5. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time.
Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date
of termination. The notice shall include the reasons for such a termination, the effective date of the
termination and, in the case of partial termination, the potion of the Agreement to be terminated.
SIGNED this Lp f& day of ~,Ao, 2006
KEEP B OS BEAUTIF , INC., INC.
By: f
Administrakor-
BRAZ O O
by:
County J ge
Chairman df the Board
'86
ATTES
e
County Clerk
1301
It ~Nc)
TEXAS A&M UNIVERSITY
Easterwood Airport
1 McKenzie Term Blvd Suite 112
College Station, Texas 77845-1583
(979) 845-8511
www.easterwoodairport.com
August 14, 2006
Mr. Randy Sims
County Judge
300 East 26 St., Suite 114
Bryan, TX 77803
Dear Judge Sims,
In accordance with the terms of the Memorandum of Agreement by and between Texas
A&M University and County of Brazos for the term ending September 30, 2006, the
agreement will be renewed for an additional term by the mutual written consent of both
TAMU and Brazos County.
As specified in the MOA, the amount due TAMU by Brazos County will increase 3% to
Fifty Eight Thousand and no/100 Dollars ($58,000.00).
TEXAS A&M UNIVERSITY
Ao 't 9- gl"]
Robert T. Bisor, III Date
Associate Vice President for Finance and
University Contracts Officer
COUN OF B S
Z Randy Sims, ounty Judge Date
10/0- 0
Date
96 1 33
ERTIFIED AS TO AVAILABILITY OF FUNDS
l~r
MEMORANDUM OF AGREEMENT
by and between
TEXAS A&M UNIVERSITY
and
COUNTY OF BRAZOS
( *dxr
THIS Memorandum of Agreement ("Agreement'), is effective as of the q4L day of Jam, 2005, by
and between TEXAS A&M UNIVERSITY, ("TAMU"), a member of The Texas A&M University System,
for the benefit of Easterwood Airport, and BRAZOS COUNTY, TEXAS ("COUNTY"), a political
subdivision of the State of Texas.
WHEREAS, TAMU provides the services necessary to enable local citizens to travel by private aircraft
or scheduled commercial airliner, and maintains and operates the facilities at Easterwood Airport, including but
not limited to the terminal, runway and all associated safety facilities and functions, for general and commercial
aviation; and
WHEREAS, COUNTY finds that it is beneficial COUNTY to support TAMU's furnishing of such air
travel service for the citizens of Brazos County through its operation of Easterwood Airport
NOW, THEREFORE, in consideration of the mutual rights, obligations and covenants contained in
this Agreement, TAMU and COUNTY agree as follows:
SECTION I
TERM OF AGREEMENT
1.01 This Agreement will commence on October 1, 2005 and will expire on September 30, 2006. This
Agreement is renewable annually for up to a total of five (5) years, to include this agreement year, upon
the mutual written consent of TAMU and COUNTY.
SECTION II
PAYMENT
2.01 COUNTY, for and in consideration of the services to be provided to COUNTY, agrees to pay to
TAMU a flat fee of FIFTY SIX THOUSAND TWO HUNDRED SEVENTY FIVE AND N01100
DOLLARS ($56,275.00) as a contribution to the cost of Aircraft Rescue and Fire Fighting ("ARFF")
coverage on Easterwood Airport. COUNTY agrees to pay out of current revenues, the full amount due
within ten days of receiving an invoice from TAMU.
5.04 Successors and Assigns: This Agreement is binding upon TAMU and COUNTY and their respective
successors in office or interest and assigns. This section is not to be construed as authorizing assignment
by TAMU or COUNTY without the express written consent of the other party.
5.05 State Agency: COUNTY expressly understands TAMU is an agency of the State of Texas, and nothing
in this Agreement is intended to be, or should be construed as a waiver or relinquishment by TAMU of
its rights to claim such exemptions, privileges and immunities as provided by law to an agency of the
State.
5.06 Governing Law: This Agreement is construed under and in accordance with the laws of the State of
Texas and is performable in Brazos County, Texas. In addition, by statue, mandatory venue for all legal
proceedings against TAMU is to be in the county in which the principal office of the governing officer
is located. At execution of this Agreement, such county is Brazos County, Texas.
5.07 Amendment or Modification: This Agreement may be modified or amended in writing by the mutual
consent of the parties with modification being attached to and incorporated into this Agreement by this
reference for all purposes.
5.08 Information Furnished By Recipient: TAMU shall furnish to the County Auditor, at a minimum,
documentation indicating the use of funds received from the COUNTY. The County's Auditor may
require TAMU to provide information necessary for the Auditor to properly account for all funds
expended or received by TAMU.
EXECUTED* 1- -111 b s this q day of m~ & A 4.n 2005, by TAMU.
"TAMU"
TEXAS A&M UNIVERSITY
By: 1l~ /'s. 1 L _0 10 ~1~
MICHAEL B. HUDDLESTON
Executive Director
Contracts Administration
RECOMMENDED APPROVAL:
my ti
JOHN H. HAPP, JR.
Director
Easterwood Airport
13S
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OFBRAZOS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared MICHAEL B. HUDDLESTON, Executive Director, Contract Administration, Texas
A&M University, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4+(4, day of 10do Sr/y
A.D.2005
• LORI MICHELE MERVISH
I Notary Public. State of Teams
i My Commission Expires
May 10, 2009
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
Notary Public, State of Texas
My Commission Expires: 5- 18-09
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared RANDY SIMS, County Judge, Brazos County, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4,0M.- day of
A.D. 2003"
5
eM LOCK .EI Notary Public, State ko Texas
raMertvetcMAOF us My Commission Expires: 7/~,fj/( 3
ewnaawa Euiaee:
JULY 8, 2007
le - ae.0.
AGREEMENT
°~)y/dl
THIS AGREEMENT is entered into this A_ day of 2006 A.D., by and
between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications
District (District) pursuant to the authority of the Texas Interlocal Government Cooperation Act,
Article 4413(32c), V.T.C.S.
WHEREAS, pursuant to Texas Emergency Telephone Number Act, Section 722.301 et seq.,
Texas Health and Safety Code, the District has been formed and is a political subdivision of the State
of Texas; and,
WHEREAS, Brazos County is also a political subdivision of the State of Texas authorized to
enter into interlocal cooperative governmental agreements; and,
WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually
beneficial for the County and the District to enter into an agreement for the District to perform for the
County, Emergency Communications Services Dispatching;
NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made
hereinafter, the undersigned parties agree as follows:
Effective October 1, 2006, the District is hereby appointed the emergency communications
dispatching authority for the Brazos County Sheriff's Office and Volunteer Fire Departments and will
monitor and record radio transmissions for the Constables for the period October 1, 2006, through and
including September 30, 2007.
The County will provide the District access to the County's Law Enforcement Computer
System to facilitate Law Enforcement Officers requests for warrant information.
8 13
The County agrees to pay and the District agrees to accept as compensation for the services
provided a flat fee of four hundred thirty one thousand eight hundred thirty and
NO/100 DOLLARS ($431,830.00), payable in twelve monthly installments. The County shall pay the
full amount due within thirty days of invoice from the District. All payments shall be subject to the
Texas Prompt Payment Act. Should there arise any dispute, disputed amounts shall be deposited in a
mutually agreed upon escrow account until a resolution.
At no time shall the County's portion of the District's reserve fund exceed a three (3) month
operating reserve. The District shall report this reserve balance each year as a part of the budget
approval process.
The District shall furnish to the County Auditor, at a minimum, documentation indicating the
use of funds received from the County. The County's Auditor may require the District to provide
information necessary for the Auditor to properly account for all funds expended or received by the
District.
District employees shall not be considered as County employees.
The County and the District understand and agree to be subject to all the laws, ordinances and
regulations which govern and affect Emergency Communications Dispatching and National Crime
Information Computer network telecommunications as promulgated by the State of Texas or the United
States Government or any of its appropriate Agencies, such as the Texas Department of Public Safety
or the Federal Bureau of Investigation.
This agreement is made in accordance with the Texas Emergency Telephone Number Act,
Section 772.301 et seq., Texas Health and Safety Code.
Each of the parties to this agreement agrees to hold the other harmless for any and all claims of
whatsoever nature or kind, which may arise as a result of that party's fulfillment of this agreement.
2
8~ 13S
Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory
agents for any required documentation to implement the intent of this Agreement.
This agreement contains all of the commitments and covenants of the parties and any oral or
written promises not contained herein shall have no force or effect to alter any term or condition of this
agreement.
This agreement may be terminated by either party upon 90 days advance written notice to the
non-terminating party as set forth below. In the event of termination, the fee payable by the County to
the District shall be pro-rated to the date of termination.
All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or
sent registered or certified mail, postage prepaid, return receipt requested to each party as set below:
Brazos County Emergency Communications District
Executive Director
PO Box 911
Bryan, Texas 77806
Brazos County
County Judge
PO Box 111
300 East 26"' Street
Bryan, Texas 77803
96 3~
This agreement may only be modified or amend ;d in writing by the mutual consent of the
parties with said modification being attached to and incorporated inito this agreement by this reference
`or all purposes.
SIGNED this a- day of , 2006 A.D.
EMERGENCY COMMUNICATIONS DISTRICT
BY:
Chairman, Boa)6 of Managers
ATTEST:
BY: Ak 90451,
Greta orton
Recording Secretary
BY:
ATTEST:
BY:
Karen McQueen
County Clerk
4
8& 1 y-()
'yu(e i
AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TEXAS §
THIS AGREEMENT, made and entered into this day of )eteber,-2006, by and
between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation
chartered by the State of Texas, acting by and through its duly authorized agent and officer,
hereinafter referred to as BV VM, and the County of Brazos, State of Texas acting by and
through its County Judge, duly authorized to act, hereinafter referred to as County.
WITNESSETH:
WHEREAS, Article 3, Section 52-a of the Constitution, Section 381 of the Local
Government Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage
in economic development activities; and
WHEREAS, a primary focus of economic development inquires is the quality of arts
programs in a community; and
WHEREAS, BV VM provides a public art memorial for residents and non-residents of the
COUNTY to have a dignified place of recognition for the service and sacrifices made while in
the uniformed services of this great nation and also provides an educational venue to teach our
children about those sacrifices; and
WHEREAS, Article 152m, V.A.T.S. recognizes that the health, education, and general
welfare of the citizens of the State of Texas require promotion and education about the
performing, dramatic, visual, and literary arts; and
S ~ 14/
WHEREAS, said Article permits COUNTY to provide funding for cultural education
facilities, and is to be liberally construed; and
WHEREAS, BV VM provides a places for education and outreach for the Brazos Valley
citizens, and
WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise
zones, and,
WHEREAS, BVVM through its programs has provided benefit to Brazos County, Texas
attracting over 250,000 visitors, and resulting in significant purchases of goods from Brazos
County merchants; and
WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides
for historic preservation; and
WHEREAS, other programs provided by COUNTY are directly benefited by BVVM and
its programs.
NOW, THEREFORE, COUNTY and BVVM hereby agree as follows:
I.
BV VM through its funding and support of a memorial for all veterans agrees to provide
the above enumerated services which it has provided and agrees to continue to engage in support
of veterans.
U.
COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees
to pay to BVVM a lump sum payment of TWENTY-FIVE THOUSAND DOLLARS ($25,000)
for the year beginning October 1, 2006 and ending September 30, 2007.
BVVM agrees to provide an account of how the $25,000 was distributed to meet the
above described services.
9& i 4a
A 1J
L
Contractual Agreement
Brazos County Soil & Water Conservation District
And
Brazos County Comnrissioners Court
Brazos County Soil and Water Conservation District #450, hereinafter called the District,
and Brazos County Commissioners Court, hereinafter called the county, does hereby
enter into a contractual agreement for the District to provide soil and water conservation
services to the residents of Brazos County and to the County proper. The Brazos County
S WCD as the recipient shall finish to the County's Auditor, at a minimum,
documentation indicating the use of funds received from the county. The County's
Auditor may require the recipient to provide information necessary for the Auditor to
properly account for all funds expended or received by the entity.
Those services will include, but not be limited to, erosion control, water management, and
rural development. This will be carried out by planning and application through informal
agreements with land users, or, as required by Federal or State law. An information and
recognition program will be used to inform the public. Technical assistance is utilized
through a Memo of Understanding between the District and the USDA - Natural
Resources Conservation Service.
Erosion control will keep the land productive for its various uses for many generations.
Sediment resulting from erosion clogs our local streams reducing water carrying capacity
and resulting in local flooding. Excessive siltation ruins our local wetlands, and, therefore,
reduces a dwindling wildlife habitat. Sift from erosion carries many pollutants directly into
our local streams and rivers. Conservation practices consist of erosion control structures,
erosion control ponds, gully shaping, diversions, vegetating old fields, proper management
of grazing resources.
Water management includes recommendations for proper irrigation, flood control, and
water quality. Irrigated crops account for 75% of all water used Proper irrigation saves
that resource for tomorrow's uses including domestic consumption. Proper irrigation
helps to keep agriculture pollutants from entering underground water supplies.
Conservation practices include total evaluation of irrigation systems and application
procedures, precision land leveling, and underground pipelines. Water management
includes floodplain management.
The District's role in Rural Development in Brazos County is in providing fire protection
utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal,
as well as provide a reliable source of water to fight rural fires. Farm ponds provide the
water and we plan the dry hydrant system The District is evaluating the use of artificial
wetlands to replace septic tank filter fields. The prospects are very promising, but, much
work remains to be done before this technology can be implemented. Water quality in
rural Brazos County will be greatly enhanced if this method can be used.
96 143
The District and the County have interacted ever since the inception of the District in
1942. Many conservation problems affect not only the individual landowner but the
County itself.
The District contracts to the Brazos County to provide the above services for 2007 FY for
$5,500.00.
(DATE)
Preston J. R ' o
Chairman
Brazos County SWCD #450
36 M
BVVM hereby agrees to hold COUNTY, its officers, agents, servants, and employees
harmless from any loss, damage, injury or claim arising from any negligent act during the course
of its operations.
Scpi-cn.bc~-
WITNESS OUR HANDS this, Jt~~day of4)eteber-, 2006
BRAZOS VALLEY VETERANS MEMORIAL, INC.
By:
Ge N Al Jones, IVe
By:LdI 4t M C
By.
Randy Signs; County Judge
TO AVAILABILITY OF FUNDS:
By:
County Auditor
9 /4-5
AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TEXAS §
ScPtrn.bcr-
THIS AGREEMENT, made and entered into this 2,0,day of4)9tebw, 2006, by and
between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered
by the State of Texas, acting by and through its duly authorized agent and officer, hereinafter
referred to as ACBV, and the County of Brazos, State of Texas acting by and through its County
Judge, duly authorized to act, hercinafter referred to as County.
WITNESSETH:
WHEREAS, Article 3, Section 52-a of the Constitution, Section 381 of the Local
Government Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage
in economic development activities; and
WHEREAS, a primary focus of economic development inquires is the quality of arts
programs in a community; and
WHEREAS, ACBV provides assistance to local arts organizations of the COUNTY
through funding and support for programs involving substance abuse prevention and education
for Brazos County children through arts programs and continue to provide arts-related programs
and scholarships for young people which foster positive self-image and thereby assists in
prevention of drug and alcohol use and abuse; and
WHEREAS, Article 152m, V.A.T.S. recognizes that the health, education, and general
welfare of the citizens of the State of Texas require promotion and education about the
performing, dramatic, visual, and literary arts; and
E~ ~(Q
WHEREAS, said Article permits COUNTY to provide funding for cultural education
facilities, and is to be liberally construed; and
WHEREAS, ACBV provides funding to member organizations, in part, for facilities
acquisition and upkeep, and
WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise
zones, and,
WHEREAS, ACBV through its funding programs has provided benefit to Brazos County,
Texas through programs attracting over 25,000 participants, and resulting in significant
purchases of goods from Brazos County merchants; and
WHEREAS, ACBV has provided funding to assist local performing arts groups; and
WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides
for historic preservation; and
WHEREAS, other programs provided by COUNTY are directly benefited by ACBV and
its member organizations.
NOW, THEREFORE, COUNTY and ACBV hereby agree as follows:
1.
ACBV through its funding and support of member organizations agrees to provide the
above enumerated services which it has provided and agrees to continue to engage in support of
arts organizations.
II.
COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees
to pay to ACBV a lump sum payment of FIFTEEN THOUSAND DOLLARS ($15,000) for the
year beginning October 1, 2006 and ending September 30, 2007.
9.6 ) 47
ACBV agrees to provide an account of how the $15,000 was distributed to meet the
above described services.
ACBV hereby agrees to hold COUNTY, its officers, agents, servants, and employees
harmless from any loss, damage, injury or claim arising from any negligent act during the course
of its operations.
crhbu'
WITNESS OUR HANDS this JfL day of4Weber3 2006
ARTS COUNCIL OF BRAZOS VALLEY, INC.
n
By:-~•
Padraic L. Fisher, Executive Director
By: Y.f"'.boa K%fA"
Penelop Komtoh yik PrAident
Randy Sbp36, County Judge
CERTIFY TO AVAILABILITY OF FUNDS:
By:
g~ ~~8
CONTRACT
THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
acting by and through its duly elected County Commissioners (hereinafter "County"), and the
Brazos Family Medicine Residency (hereinafter "Provider"), located at 1301 Memorial Drive,
Suite 200, Bryan, Texas 77802,
RECITALS:
WHEREAS, the medical care of the County's poor and indigent has become a growing
problem; and
WHEREAS, the County recognizes that good medical care of individuals and families
that emphasizes prevention, care management, and appropriate acute care results in less costly
medical expenses for the Community and in a more productive work force; and
WHEREAS, the County is interested in promoting such care through the Provider,
NOW THEREFORE the parties above stated agree to the following terms and conditions
to provide such indigent health care.
TERM
The contract shall continue in force and effect for a term of twelve (12) months
commencing on the 1st day of October, 2006 and terminating 30th day of September, 2007.
CANCELLATION
This contract may be canceled by any of the parties hereto upon sixty (60) days written
notice as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to qualified
county residents pursuant to the guidelines currently implemented for making such determination:
physical exams, educational information, information on sources of prescription medication
and/or access to "sample" or subsidized medications, coordination of physician care during
hospitalization (herein "services").
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be used to pay the partial
salary of a faculty physician for supervisory purposes and the partial salary of three (3) resident
physicians, and the partial salary of a social worker. The County and Provider acknowledge that
g6, 14 1
the. County's purpose in providing funds hereunder is to provide medical assistance to qualified
applicants and that the funding of salaries for the trained personnel of Provider is designed to
accomplish that goal.
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider for actual cost of the parts of the salaries up
to a maximum of One hundred thousand and No/100 Dollars ($100,000) for the term of this
Contract.
This 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
Contract:
Completing all necessary application forms to potentially eligible individuals.
2. Obtaining and compiling information on each applicant for Provider's Services with
regard to residency and financial qualifications.
Maintaining this Contract.
4. Provision of the Provider's Services as defined herein.
Maintaining data files on clients/patients and the Services provided thereto.
6. Responding to all and any inquiries by the County regarding the Clinic and its Services.
Assisting the County with information needed for audit purposes.
8. Providing the County with quarterly financial statements.
9. Providing the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10. Providing 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.
IL Providing the County 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
The County shall be responsible for the following duties and requirements.
1. Provide County funds for the payment of the consideration stated herein.
2. 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
The Provider shall be responsible for record keeping on all Services provided to those
individuals using its services and all financial records of the Clinic. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitation of state law, any and all records the County determines, in its
sole discretion, to be necessary for the County to justify its continued participation in supporting
the provider with funding. Such records shall be retained for at least four (4) years from the date
the service was provided. These records shall be made available for inspection and audit by the
County, if it so desires.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Provider shall take affirmative action
to ensure that applicants who are employed are treated during employment, without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rated of pay or other forms of compensation; and selection for
training, including apprenticeship. The Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless
from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from
the breach, violation or non-performance of the Services stated herein and for any damage to any
person resulting from any act or 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
employee or agent of the County and that each shall maintain at its own expense, adequate
liability insurance to insure against damages and liabilities which may arise due to the duties and
obligations contracted for herein.
86 161
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out of this Contract or the Services to which it relates has personal interest, direct or
indirect, in this Contract.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of
Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
such notice or by mailing it, registered mail to the other party at the following addresses:
Brazos Family Medicine Residency Program
C/O David A. McClellan, M.D., Program Director
1301 MEMORIAL DRIVE, SUITE 200
BRYAN, TEXAS 77802
BRAZOSCOUNTY
C/O COMMISSIONERS COURT
BRAZOS COUNTY COURTHOUSE
300 E. 26TH STREET, SUITE 114
BRYAN, TEXAS 77803
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Agreement.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are held to
be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability
of the remaining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto concerning the
subject matter contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between or among the parties hereto, relating to the subject matter
of the Agreements, which are not fully expressed herein.
8~ /5A
ASSIGNABILITY
Provider shall have the right to assign this Contract and any of its rights hereunder to a
wholly owned subsidiary or to a corporation with which it may be merged without prior written
consent of the County; otherwise, this Contract is not assignable by the Provider without the prior
written consent of the County.
DATED this e2(o day of ~]yY>.~Pn 2006
Brazos
ATTES .
kAren McQueen, County Clerk
Brazos'Family Medicine Residency Program
By: //1,4Y t
David A, McClellan, M.D.
Program Director
4 IS3
BRAZOS COUNTY
BRAZOS VALLEY FOOD BANK, INC.
PARTNERSHIP AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZOS
This agreement, entered into this CIA- day of 2006, by and between Brazos
County, hereinafter called the "County", and the Brazos Valley Food Bank, Inc., hereinafter
called the "Food Bank".
NOW, THEREFORE, in consideration of promises, covenants, terms and conditions herein
contained, the parties hereto mutually agree:
TERMS OF AGREEMENT: The term of this agreement shall be for a period of approximately
one year beginning on the date of the execution of this agreement and terminating on
September 30, 2007 at which time the agreement will be renewed, subject to satisfactory
operation under this agreement and mutual agreement of both parties. The County will provide
funding of $ to the Food Bank to the benefit of the moderate and low-income
citizens of our mmumty.
PURPOSE: The purpose of the County shall be ensure that all children, individuals, families
and seniors, especially those who are moderate to low-income, are food secure, meaning that
people have access at all times to enough food for an active, healthy and productive life.
INTRODUCTION: The Food Bank acquires food for distribution through other nonprofit
agencies to moderate and low-income persons who are food insecure and at risk of hunger and
malnutrition.
THEREFORE: Both the County and the Food Bank enter into this cooperative agreement to
maximize the effectiveness of their common goal and show good stewardship of citizen's dollars
and donations.
INFORMATION FURNISHED BY RECIPIENT: Recipient shall furnish to the County Auditor, at
a minimum, documentation indicating the use of funds received from the County. The County's
Auditor may require the recipient to provide information necessary for the Auditor to properly
account for all funds expended or received by the entity.
BRAZOS A LEY FOO BANI NC.
By
Executive Director
Title
4~2(. LA,
Date
e/b../ 0 b
Date
)54
Brazos County
"I ii:: Children's Museum of the Brazos Valley
Partnership Agreement
THE STATE OF TEXAS
COUNTY OF BRAZOS
1
This agreement, entered into this day of 2006, by and between Brazos County,
herinafter called the "County", and The Children's Museum of the Brazos Valley, hereinafter called
"Museum".
NOW THEREFORE, in consideration of the promises, covenants, terms and conditions herein
contained, the parties hereto mutually agree:
TERMS OF AGREEMENT: The term of this agreement shall for a period of appr ximately one year
beginning on the date of the execution of this agreement and terminating on 9p,3° , 2007, at
which time the agreement will be reviewed, subject to satisfactory operation under this agreement and
mutual agreement of both parties.
PURPOSE:
The purpose of County shall be to provide funds that support a child-centered, hands-on, interactive
environment that promotes discovery programs and learning opportunities for children.
INTRODUCTION:
The Museum offers child-centered, hands-on exhibits and educational programs for children and their
families in an exciting, interactive environment.
THEREFORE:
Both the County and the Museum enter into a cooperative agreement to maximize the effectiveness of
their common goal and show good stewardship of citizen's dollars and donations.
CHILDREN'S MUSEUM OF THE BRAZOS VALLEY
By:
Executive Director
to IG5
R X210 (rte
BRAZOS COUNTY
BOYS & GIRLS CLUBS OF BRAZOS VALLEY
PARTNERSHIP AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESET.
COUNTY OF BRAZOS
This agreement, entered into this day of yam, 2006, by and between
Brazos County, hereinafter called the "County", and Boys and Girls Clubs of the Brazos
Valley, hereinafter called "Club".
NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions
herein contained, the parties hereto mutually agree:
TERMS OF AGREEMENT: The term of this agreement shall for a period of
approximately one year beginning on the date of the execution of this agreement and
terminating on September 30, 2007, at which time the agreement will be reviewed,
subject to satisfactory operation under this agreement and mutual agreement of both
parties.
PURPOSE:
The purpose of the County shall be to provide opportunities for youth to grow as
productive citizens of our communities.
INTRODUCTION:
The Club conducts youth programming and activities within Brazos County.
THEREFORE:
Both the County and Club enter into a cooperative agreement to maximize the
effectiveness of their common goal and show good stewardship of citizen's dollars and
donations.
& GIRLS CLUB OF BRAZOS VALLEY
By:
Title
Date Date
g6 1ST
_ -#Jq (f)
CONTRACT FOR SUPPORT BY BRAZOS COUNTY, TEXAS
Brazos County, Texas and the Retired & Senior Volunteer Program, under the sponsorship of the
Brazos Valley Council of Governments Brazos Valley Area Agency on Aging and hereinafter
referred to as RSVP for the covenants and consideration herein expressed, mutually agree to the
following terms and conditions:
1.
Brazos County, Texas agrees to pay the total sum of $3,500 to RSVP in a single payment on or
before March 31, 2007. All payments will be payable to the Retired and Senior Volunteer Program
and mailed to their current address: PO Drawer 4128, Bryan Texas 77805-4128.
II.
RSVP agrees to provide the service of its program to the citizens of Brazos County. There is not
established any definite program of assignments; but, the number of volunteers and assignments can
be changed throughout the term of this contract by agreement of all parties. RSVP does agree to
address the mutual goals of RSVP and Brazos County, Texas by assisting with volunteer recruitment
for:
• Volunteer tax preparation for residents of Brazos County.
• Senior volunteers serving in programs sponsored by Texas Coop. Extension
• Senior volunteers assisting with library programs.
• Senior volunteers assisting with area youth activities.
• Senior volunteers assisting with county health department and clinics.
• Senior volunteers providing clerical support to county and city offices.
• Senior volunteers assisting Brazos County Emergency Management with a Volunteer Center
for Annex T Donations Management
• Senior volunteers providing support as CERT team volunteers
• Senior volunteers graduating from the Disaster Volunteer Academy
The terms of this contract will be October 1, 2006 to September 30, 2007.
III.
Volunteer placements will be made as appropriate at volunteer workstations throughout the
community. All workstations will have a signed Memorandum of Understanding on file with RSVP.
IV.
8( 15.7
Any invention of literacy or artistic production arising out of an assignment shall be the exclusive
property of the Volunteer Station and the Volunteer shall have the right to produce additional copies
and distribute to the gets ral public. Volunteer Station my consent to other uses by the Volunteer.
V.
Volunteers shall comply with all the rules and standards exercised by the employees in the
department to which she or he is assigned.
VI.
The County Judge or his delegate shall have the authority to represent Brazos County and make
whatever further agreements necessary to administer and effectuate the terms and conditions set forth
herein.
VII.
The Volunteers will not receive any pay from a Volunteer Station for their services, they will not be
considered an employee and this service will be considered as voluntary contribution to the
betterment of the community and the public purpose of Brazos County.
VIII.
Since the Volunteer is not a party to this agreement, the Volunteer Station may require Volunteers
who accept service to sign other instruments setting forth other terms and conditions between the
Volunteer Station to amend or rescind this contract by mutual agreement.
IN WITNESS WHEREOF, the parties to this agreement have set their hands for the above stated
contract period, the 2(, _ day of 2006.
BRAZ Val Co ci of rnments
BY: .4 AA
-44 ot~
Ex ve Director
.Per
RET & ENIOR VOLUNTEER PROGRAM
BY:
Project Dir c _
~~46 156
ra (Oh
CONTRACT
THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY,
TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and
the BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at
3370 South Texas Avenue, Suite G, Bryan, Texas 77802,
RECITALS:
WHEREAS, the medical care of the County's poor and indigent has become a growing
problem; and
WHEREAS, the County recognizes that good medical care of pregnant women results in
healthier babies and less costly medical expenses incurred for the child in the future by the parents
and the Community; and
WHEREAS, the Court is interested in promoting such care through the Provider,
NOW THEREFORE the parties above stated agree to the following terms and conditions to
provide such indigent health care.
TERM
This contract shall continue in force and effect for a term of twelve (12) months commencing
on the 1st day of October 2006 and terminating 30th day of September 2007.
CANCELLATION
This contract may be canceled by any of the parties hereto upon sixty (60) days written notice
as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to pregnant
women who qualify for such services pursuant to the guidelines currently implemented for making
such determination: interviews, lab work, physical exams, educational information and medicine as
needed (herein "Services").
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary
of the Director of Provider and the salaries of other staff as described in Enclosure (1) attached
hereto and made a part hereof for all purposes. The County and Provider acknowledge that the
County's purpose in providing funds hereunder is to provide medical assistance to qualified
86 159
applicants avid that the funding of salaries for the trained personnel of Provider is designed to
accomplish that goal.
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider for actual cost of the salaries as stated on
Exhibit "A" up to a maximum. of Seventy Thousand and No/100 Dollars ($70,000.00) for the term of
this Contract.
This sum shall be paid upon the following dates and in the following amounts:
December 15, 2006 $17,500.00
March 15, 2007 $17,500.00
June 15, 2007 $17,500.00
September 15, 2007 $17,500.00
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following Services pursuant to this Contract:
1. All necessary application forms to potentially eligible individuals.
2. Obtaining and compiling information on each applicant for Providers Services with
regard to residency and financial qualifications.
3. Maintaining this Contract.
4. Providing of the Provider's Services.
5. Maintaining data files on clients and the Services provided thereto.
6. Respond to all and any inquiries by the County regarding the Clinic and its Services.
7. Assist the County with information needed for audit purposes.
8. Provide the County with quarterly financial statements.
9. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10. Provide financial statements evidencing how County funds are spent. Such
2
84(0 160
statements to be submitted to County one week prior to the funding dates set forth
herein above.
11. 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
The County shall be responsible for the following duties and requirements:
Provide County funds for the payment of the consideration stated herein.
2. 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
The Provider shall be responsible for record keeping on all Services provided to those
individuals using its services and all financial records of the Clinic. The Provider agrees to maintain
and make available for inspection by the County upon request consistent with personal privacy and
subject to the limitation of state law, any and all records the County determines, in its sole discretion,
to be necessary for the Court to justify its continued participation in supporting the Provider with
funding. Such records shall be retained for at least four (4) years from the date the service was
provided. These records shall be made available for inspection and audit by the County, if it so
desires.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to
ensure that applicants who are employed are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rated of pay or other forms of compensation; and selection for training, including
apprenticeship. The Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless from
and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the
breach, violation or non-performance of the Services stated herein and for any damage to any person
Ow I(0I
resulting from any act or 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
employee or agent of the County and that each shall maintain at its own expense, adequate liability
insurance to insure against damages and liabilities which may arise due to the duties and obligations
contracted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the carrying
out of this Contract or the Services to which it relates has personal interest direct or indirect, in this
Contract.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
such notice 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
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents, which may be necessary to carry out the provisions of this Agreement.
INFORMATION FURNISHED BY THE RECIPIENT
4
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Recipient shall fwni h to the County Auditor, at a minimum, documentation indicating the use of
funds received from the county. The County's Auditor may require the recipient to provide
information necessary for the Auditor to properly account for all funds expended or received by
the entity.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are held to
be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability
of the remaining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto concerning
the subject matter contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between or among the parties hereto, relating to the subject
matter of the Agreements, which are not fully expressed herein.
ASSIGNABILITY
Provider shall have the right to assign this Contract and any of its rights hereunder to a
wholly owned subsidiary or to a corporation with which it may be merged without prior written
consent of the County; otherwise, this Contract is not assignable by the Provider without the
prior written consent of the County.
DATED this ;2, day of , 2006.
ATTEST: Health Clinic, Inc./~~
By:
Steve Koran, Executive Director/
By:
ancy S elle, President
4 1&3
Brazos Maternal & Child
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