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Home My WebLink About2006-11-07-9:00AM-REGULARBRAZOS COUNTY BRYAN, TEXAS _,6EFU~Y r r,y: NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 7 NOVEMBER 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 28: 3. Budget Amendment 05/06-55.1 thru 05/06-55.4. 4. Request from the 272nd District Court for $3000 to cover visiting court reporter expenses that were unanticipated at budget time. 5. Budget Amendment 06/07-5.1 thru 06/07-5.6. 6. Personnel Change of Status. 7. Payment of Claims. 8. Proposed 2007 Holiday Schedule for Brazos County employees. 9. Renewal of the contract with the Texas Youth Commission for the provision of parole supervision and services to youth in Brazos County. Contract term is 9/01/2006 through 8/31/2008. 10. Amended Plan Change FY 06-01 for the Title IV-E Legal Services Contract (contract #23361153). Office of the County Judge • 300 East 26" St. • Suite 114 . Bryan, Texas 77803 • Fax: (979) 361-4503 VOL S8 PAGE 190 Commissioners Court Agenda 7 November 2006 Page 2 11. Renewal of the IRC Section 125/Cafeteria Plan (Flex Plan) with David K. Young, plan adminisrrator for Brazos County, effective 1 January 2007 with no change in administration fees. 12. Renewal of the Pharmacare Prescription Plan, effective 1 January 2007, with a reduction of administrative and dispensing fees, better discounts, and increased rebates. 13. Reappointment of Wayne Wilson to the Brazos Valley Groundwater Conservation District as the agricultural representative from Brazos County. Appointment term is 1/01/2007 through 21/31/2010. 14. Request for approval of out of state travel for Jail Administrator Wayne Dicky and Sheriff Chris Kirk to attend the American Jail Association training program "Surviving Jail Construction and the Transition Process" in Las Vegas, Nevada on 10-13 December 2006.. 15. Request for approval of out of state travel for Commissioners Kenny Mallard and Duane Peters to attend the "Surviving Jail Construction and the Transition Process" in Las Vegas, Nevada on 10-13 December 2006. 16. Brazos County Treasurer's Report for the Month of September 2006, and for the quarter ending 9/30/2006. 17. Tax Refund Applications for the following: a. Willis E. Jr. & Patricia Holman b. Gladys Mae Brown Jones 18. Requisition 00011575 to Philpott Motors, Inc. for the purchase of vehicles for the Sheriff's Office and the Constable, Pct. 3 Office. 19. Requisition 00011583 to Philpott Motors, Inc. for the purchase of vehicles for the Road & Bridge Department. 20. Renewal of the annual contract with Brenco Marketing for unleaded and diesel fuel with no changes from last year. Contract term is 10/01/2006 through 9/30/2007. 21. Request that the Texas Dept. of Transportation (TxDOT) place "NO PARKING" signs on State HWY 60 West at points beginning at White Creek Road and extending to Oak Hills Circle for the health, safety and welfare of the general public. 22. Final Plat of Prosperity Acres Phase Two, 8.34 acre tract, Maria Kegans survey, A-28, Brazos County, Texas. Site is located in Precinct 3. 23. Acceptance of North Country Phase 8 and Phase 9 into the Brazos County road maintenance system; the roads (portion of North County Drive, Vaquero Court) and drainage structures are in compliance with the County's Subdivision and Development Regulations. Site is located in Precinct 2. VOL $g PAGE IS I Commissioners Court Agenda 7 November 2006 Page 3 24. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Old Reliance Road at its intersection with Wallis Road. Site is located in Precinct 2. 25. Purchase of four (4) 1/2 ton pickup trucks and one (1) 1-ton utility truck for the Road & Bridge Department; cost is $3,964.00 over budget. 26. Commissioners Court minutes for the following 2006 dates: a. 5 September b. 5 September c. 5 September d. 6 September e. 8 September f. 12 September Regular Meeting Public Hearing, 10:00 a.m. Public Hearing, 2:00 p.m. Workshop Session Public Hearing Regular Meeting g. 12 September h. 18 September i. 19 September j. 26 September k. 26 September Public Hearing Workshop Session Regular Meeting Regular Meeting Workshop Session 27. Payment authorization in the amount of $150 to Caulder Lively of the College Station Police Department from the Constable, Pct. 1 Office for participation in an Ultralyte Radar Speed Detection training class. A purchase order was not obtained in advance because it was unknown if the class would have the minimum required enrollment. 28. Payment authorization in the amount of $880.00 to the Texas A&M Psychology Clinic from Jail Administration for the psychological testing required of new Jail employees. A purchase order was not obtained in advance. 29. Acknowledgement of the Monthly Reports submitted in October 2006. These reports are available for review in the County Judge's Office. 30. Announcement of interest items and possible future agenda topics. 31. Call for citizen input and/or concerns. 32. Agency / Board / Committee reports by Court members. 33. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 8T PAGE_ g°~ OL~ VI COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 7, 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, November 7, 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 gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-55.1 through 55.4 that would reallocate funds for the JP Technology Fund, Extension Service; transfer funds from Contingency to CLEAR Team; and increase the budget for the County Attorney's office. 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 Vol 80 Page f S,5 Commissioners Court meeting November 7, 2006 hereto. 2 The next matter before the Court was a request from the 272"d District Court for $3,000.00 to cover visiting court reporter expenses that were unanticipated at budget time. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #06/07-5.1 through 5.6 that would reallocate funds for Constable, Precinct 2, Extension Service, 272nd District Court; transfer funds from Contingency to various offices to distribute DDEA funds; to correct an error found in the approved FY and correct the CUDEP Grant. 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: Vol g& Page IE4 Commissioners Court meeting November 7, 2006 7025090 through 7025307 3 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by Commissioner Cauley, seconded by the County Judge, the Court proceeded to set the holidays to be observed by Brazos County for 2007: January 1 New Years Day January 15 Martin Luther King Birthday April 6 Good Friday May 28 Memorial Day July 4 Independence Day September 3 Labor Day November 22 & 23 Thanksgiving December 24 & 25 Christmas One (1) Floating Holiday The Court next considered renewal of the contract between Brazos County Juvenile Board and the Texas Youth Commission for the provision of parole supervision and services to youth in Brazos County. The term of the contract is from September 1, 2006 through August 31, 2008. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of the contract. A copy is attached. The next matter before the Court was consideration of the Amended Plan Change FY 06-01 for the Title IV-E Legal Services Contract with the Texas Department of Family and Protective Vol 8s Page ~S Commissioners Court meeting November 7, 2006 4 Services. The purpose of the plan change is to incorporate the Title IV-E Legal Services Cost Allocation Plan and Budget for FY 06. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amended Plan Change FY 06-01 for the Title IV-E Legal Services Contract with the Texas Department of Family and Protective Services. A copy is attached. The Court next considered renewing the contract between David K. Young, TPA and Brazos County for the continuing administration of a Section 125/Cafeteria Plan (Flex Plan) with Flexible Spending Accounts. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of contract with David K. Young. A copy is attached. The next matter before the Court was consideration of the renewal of the Pharmacare Prescription Plan. The administrative and dispensing fees were both reduced, the discounts are better and the rebates have increased with more money for the County. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of contract with Pharmacare Prescription Plan. A copy is attached. Vol 98- Page 18~ Commissioners Court meeting November 7, 2006 5 The next matter before the Court was the reappointment of Wayne Wilson to serve on the Brazos Valley Groundwater Conservation District Board. Dr. Jim Mazurkievwicz, spoke on behalf of Mr. Wilson and asked the Court to reappoint him. He said that Mr. Wilson had done a good job representing agriculture during his six (6) year tenure. Demetrios Basdekas seconded the support of Mr. Wilson. Chris Duewall, Vice President of the Farm Bureau stated that in the past the Bureau had made recommendations for the agriculture representative. He understood this would be done in December and has a meeting planned to interview another candidate for the appointment. He said no disrespect is intended to Mr. Wilson but he would like the decision delayed long enough for the Farm Bureau to meet on the subject and make their recommendation. Commissioner Cauley moved to table because of the calls received about Mr. Wilson. Commissioner Peters seconded the motion. Commissioners Wassermann, Peters and Cauley voted "Aye". Commissioner Mallard and the County Judge voted "No". The motion to table carried. The next matter for consideration by the Court was a request submitted by the Sheriff's office-Jail Division seeking approval for out of state travel for the Jail Administrator Wayne Dicky and Sheriff Chris Kirk to travel to Vol 98 Page 197 Commissioners Court meeting November 7, 2006 6 Las Vegas, Nevada to attend the American jail Association training program "Surviving jail Construction and the Transition Process" December 10 through the 13, 2006. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Mr. Dicky and Sheriff Kirk. The next matter for consideration by the Court was a request submitted by Commissioners Duane Peters and Kenny Mallard seeking approval for out of state travel for themselves to travel to Las Vegas, Nevada to attend the American Jail Association training program "Surviving Jail Construction and the Transition Process" December 10 through the 13, 2006. Demetrios Basdekas noticed the absence of the Chief Deputy's name on the list of attendees to the conference. He asked the Commissioners how they would use this particular school then said he feels Deputy Mann should attend before the Commissioners. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to grant the request from Commissioners Peters and Mallard and approved payment of out of state travel expense for them both. Vol 08 Page 10 0 Commissioners Court meeting November 7, 2006 7 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for September 2006. A copy is attached to and made a part of these minutes. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Willis E., Jr. & Patricia Holman, Over Payment $190.01 b) Gladys Mae Brown Jones, Over Payment $632.73 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was requisition 00011575 to Philpott Motors, Inc. in the amount of $83,689.00. This is for the purchase of vehicles for the Sheriff's Office and Constable, Precinct 3. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve requisition 00011575. The next matter for consideration was requisition 00011583 to Philpott Motors, Inc. in the amount of $129,037.00. This is for the purchase of vehicles for the Road and Bridge Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted Vol 6 $ Page to Commissioners Court meeting November 7, 2006 8 unanimously to approve requisition 00011583. The Court next considered the renewal of the annual fuel contract with Brenco Marketing for unleaded and diesel fuel. There is a mark-up of .0135 pr gallon of or unleaded fuel and .0190 per gallon for diesel fuel. The City of Bryan originated this bid and it is currently used by Texas A&M University, College Station Independent School District, City of Bryan, City of College Station,City of Hearne and Brazos County. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of the annual fuel contract. A copy is attached. The next matter before the Court was consideration of a request that the Texas Department of Transportation (TxDOT) place "NO PARKING" signs on State HWY 60 West at points beginning at White Creek Road and extending to Oak Hills Circle. Commissioner Wassermann was asked by a group living out in the area to request a sign. A house has been purchased by a fraternity and it is one half mile from the place where several students were killed in 1999 crossing the highway. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered approval of the Final Plat of Vol 8? Page j q0 Commissioners Court meeting November 7, 2006 9 Prosperity Acres Phase Two, 8.34 Acre Tract located in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and found everything to be in order. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Prosperity Acres Phase Two, 8.34 Acres as submitted. The next matter before the Court was acceptance of North Country Phase 8 and Phase 9 into the Brazos County Road Maintenance System. The roads, a portion of North Country Drive, and Vaquero Court and drainage structures are in compliance with the County's Subdivision and Development Regulations. The site is located in Precinct 2. The County Judge moved to approve. Commissioner Cauley seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye". Commissioner Peters abstained. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Old Reliance Road at its intersection with Wallis Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Vol Eg Page I CI / Commissioners Court meeting November 7, 2006 10 Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approving the expenditure of $3,964.00 over budget for the purchase of four (4) one half ton pickup trucks and one (1), one-ton utility truck for the Road and Bridge Department. Although the cost of the pickups exceeds the budgeted amount, the guaranteed buy-back price of $118,000.00 on the motor graders exceeds the original buy- back. Therefore, the Road and Bridge Department will receive $82,300.00 over budget on the motor graders for the $3,964.00 expenditure. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the $3,964.00 expenditure over budget for the purchase of four (4) one half ton pickup trucks and one (1), one-ton utility truck for the Road and Bridge Department. The Court next considered approval of the minutes of the Commissioners' Court meetings held in September 2006 on the following dates: Regular Meetings - Stn, 12th, 19th, 26th, Public Hearings - 5th (2), 8th, 12th Workshop Sessions - 6th, 18th 26th On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Vol 6 g Page l qa Commissioners Court meeting November 7, 2006 11 the minutes as submitted. The Court next considered a payment authorization in the amount of $150.00 to Caulder Lively of the College Station Police Department submitted by the office of Constable, Precinct 1 for participation in an Ultralyte Radar Speed Detection training class. A purchase order was not issued prior to the class because it was unknown if the class would have the minimum required enrollment. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $880.00 to Texas A&M University submitted by the Jail, for psychological testing of new hires. A purchase order was not issued prior to the services being performed. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Extension Service reports for July, August and September 2006 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Vol gt Page Iq_3 Commissioners Court meeting November 7, 2006 Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 12 A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) He will be going to Dallas on Thursday to attend the quarterly meeting on the Trans Texas Corridor. There was no citizen input and/or concerns. 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 g 9 Page l,T~ The foregoing minutes of the Commissioners Court meeting held November 7, 2006 have been examined and are approved in open Brazos County, Texas. Court this the (C(,~f_~day of ~P~pn,~jp 2006, in Bryan, andy Si s Lloyd assermann County udge Commissioner, Precinct 1 Q Duane Peters Commissioner, Precinct 2 Kenny Mall Commissions Precinct 3 CaCa e~y,. Jr. Commissioner, Precinct Attest: G G~~"ems a -en McQueen County Clerk Vol 8,Y Page 05 BRAZOSCOUNTY COMMISSIONERS COURT JA DAY OF LA , 20 AT AMf- Name ga's Organization ~~u~ U~ ..11 cD IQjiv Z ~ ~fAZ05 CAW~'~V ~A✓m T7~~~CaIL p .p C~ VOL ~9 PAGE Me BRAZOSCOUNTY COMMISSIONERS COURT DAY OF(-~.,,(,~,_ , 200~ AT AMA Name Organization -ZT T L- 1i / - A 1 6 #3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-55.1 thru 05/06-55.4 On this the 7`h day of November 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 7 November 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 7`h day of November 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 9YPAGEff~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 55.1 11/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 69,449.00 0100 91510000 DR Transfer to CLEAR Team 69,449.00 3201 49028000 CR Transfer from General Fund 69 449.00 3201 282200 51991100 DR Grant Match - Debit 69,449.00 CLEAR Team To move funds from the Contingency to cover County s match to the grant._ VOL $S PAGE jqq BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 55.2 11/7/2006 VOL 99 PAGE aOO BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 55.3 VVI! 80? r,^!~r a°/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 55.4 VOL U PAGE ~Da, BRAZOS COUNTY, TEXAS 5- BUDGET AMENDMENT(S) FOR THE 2006-2007 BUDGET YEAR NO. 06/07-5.1 thru 06107-5.6 On this the 7`h day of November 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 7 November 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 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 7`h day of November 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 5.1 OL 9 g Pl. ;E a°I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 5.2 VJL 0p;ICr ~oS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 5.3 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1100150 61130000 CR Contingency 3,000.00 0100 2210010 61900000 DR Visiting - Court Reporters 3,000.00 272nd District Court: To move funds from the Countv s Contingency to cover the anticipated visiting court reporters expense. wL 89 P,~s',Jc ;0 ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07-5.4 11/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000100 59100000 DR Comm. Court - DDEA 4,805.00 0100 12000100 59100000 DR Treasurer - DDEA 6,845.00 0100 12500100 59100000 DR Risk M t. - DDEA 2,480.00 0100 13000100 59100000 DR Tax Office -DDEA 19,424.00 0100 14000100 59100000 DR I.T. -DDEA 167,778.00 0100 15000100 59100000 DR Human Resources -DDEA 6,149.00 0100 16500100 59100000 DR Purchasing -DDEA 751.00 0100 17000100 59100000 DR Buld Maint. -DDEA 33,543.00 0100 18000100 59100000 DR County Attorney -DDEA 13,769.00 0100 19000100 59100000 DR District Attorney -DDEA 38,716.00 0100 20000100 59100000 DR District Clerk -DDEA 8,281.00 0100 20010000 59100000 DR Court and Jury -DDEA 11,295.00 0100 20020000 59100000 DR Collections - DDEA 1,160.00 0100 21000100 59100000 DR Coun Clerk -DDEA 35,003.00 0100 22000100 59100000 DR 85th Dis. Court -DDEA 2,457.00 0100 22100100 59100000 DR 272nd Dis. Court -DDEA 233.00 0100 22200100 59100000 DR 361 st Dis. Court -DDEA 10,396.00 0100 22500100 59100000 DR Juvenile Referee -DDEA 131.00 0100 22600100 59100000 DR Magistrate -DDEA 1,681.00 0100 23000100 59100000 DR CCL#1 -DDEA 2,489.00 0100 23100100 59100000 DR CCL#2-DDEA 3,388.00 0100 24101100 59100000 DR J.P. #1 -DDEA 14,433.00 0100 24201100 59100000 DR J.P. #2 -1-DDEA 6,550.00 0100 24201200 59100000 DR J.P. #2-2 -DDEA 7,628.00 0100 24301100 59100000 DR J.P. #3 -DDEA 15,548.00 0100 24401100 59100000 DR J.P. #4-DDEA 3,055.00 0100 28000100 59100000 DR Sheriff Office -DDEA 1,605.00 0100 28002000 59100000 DR Jail Admin - DDEA 12,848.00 0100 30101100 59100000 DR Constable Pct 1-DDEA 1,547.00 0100 30201100 59100000 DR Constable Pct 2 -DDEA 471.00 0100 30301100 59100000 DR Constable Pct 3 -DDEA 5,991.00 0100 30401100 59100000 DR Constable Pct 4 -DDEA 177.00 0100 31000100 59100000 DR Juvenile -DDEA 25,234.00 0100 10002000 59100000 DR Veterans Services-DDEA 1,081.00 0100 35500100 59100000 DR Emer . M t. -DDEA 6,437.00 0100 36500100 59100000 DR Brazos Center -DDEA 36,986.00 0100 37000100 59100000 DR A Ext. - DDEA 563.00 0100 11001500 61130000 CR Contin enc 510,928.00 Various De partments - To allocate the DDEA for 06-07 based on remaining balances in 05-06 budget. VOL bBFaavE vZ~' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 5.5 11/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 10100 1 1 91110000 CR Transfer to Capital Improvement Fund 289,021.00 0100 11001500 61130000 DR Contineencv 289.021.00 I ITo correct an error found in the aouroved FY06-07 budeet. I I I The original budget was $289,021.00 more than it should be in the Transfer to Capital Improvement Fund line item of the General Fund. It is annroriate to move the excess fund to the Countv's Contineencv VOL 33' rAut dog BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 5.6 11/7/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 48048200 DR TDT -CUDEP 2,446.00 3000 183100 51640000 DR Hourly - Temporary 54.00 3000 183100 51620000 CR Hourly - Overtime 2,000.00 3000 183100 53100000 CR Social Security 500.00 CUDEP Grant: To decrease both the revenue and ex enditure budget based on the approved ant budget. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 7, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To IT Dainty, Courtney New Hire Knighton, Daryl New Hire Lambright, Blake Cell Phone Allowance Juvenile Services Baxter, Lonnie Dillon, Jeffrey Sarah Farmer Jacklyn Mathis Wick, Bruce New Hire Transfer within Dept. New Hire New Hire Resignation SO/Jail Drosche, David Henry, Clarence Walker, Reginald Cell Phone Allowance Cell Phone Allowance Cell Phone Allowance Approved in Commissioners' Court: Novembei County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL PAGE al STATE OF TEXAS COUNTY OF TRAVIS CONTRACT FOR PAROLE SUPERVISION AND SERVICES This contract entered into on September 1, 2006, by and between the Texas Youth Commission, hereinafter TYC, and Brazos County Juvenile Board, Government entity, 1904 West Highway 21, Bryan, Texas 77803, hereinafter Service Provider, for the provision of parole supervision and services to youth in the following county: Brazos. This contract, Number PS076, will expire on August 31, 2008. This contract is entered into "The Interlocal Cooperation Act §791.001 et.seq., Texas Government Code, and Human Resources Code §61.083 for the mutual considerations described in this contract. 1. SERVICE PROVIDER For and in consideration of the payment of fees for parole supervision and services, Service Provider will: A. Comply with applicable TYC General Administrative Policies (GAP), attached as Exhibit A, and incorporated into this contract as if set forth herein. Any amendments made to the policies in Exhibit A during the term of this contract apply to the Service Provider as of the effective date of said amendment. B. Provide the following parole supervision and services: 1. Ensure compulsory school age youth comply with state compulsory school attendance laws. 2. Ensure non-compulsory school age youth are constructively engaged in employment, community service, training, educational activity, treatment, and/or home detention for a minimum of 40 hours per week. 3. Ensure youth comply with all required or special conditions outlined in their Individual Case Plans. 4. Assess the youth's behavioral/phase and develop the Individual Case Plan and objectives based on that assessment, attached as Exhibit B, Parole Phase. 5. Meet regularly with the youth and secondary persons (family, employers, educators, treatment providers etc.) to assess youth's constructive activity involvement and progress toward Individual Case Plan Objectives. The following contact requirements apply: a. Intensive: General Offenders - four (4) primary contacts within initial 30 days; Classified Offender - eight (8) primary contacts within initial 60 days b. Moderate: All offenders - two (2) primary contacts monthly. c. Minimum: All offenders - One (1) primary contact monthly. Secondary contacts are determined by individual need and risk. 6. Require youth to provide documentation in support of his/her constructive activity requirements, e.g., school attendance reports, employment verification documents (pay stubs, etc.). "Constructive Activity" youth is engaged or participating in an educational, employment, treatment, training, home detention, and/or community service program for a minimum of 40 hours per week. 7. Provide case management documentation, which includes the Individualized Case Plan (ICP) and submit information to TYC staff for entry into the electronic information system. The relevant policies include GAP.87.1and .87.33 Supervision Levels in Parole Home Placement. 8. Discharge youth in compliance with TYC GAP.85.61 and TYC procedures for contract parole. 9. Ensure complaints are reported and resolved in compliance with TYC GAP.93.31 Youth Complaint Resolution System. 10. Ensure youth accountability for appropriate rules of conduct on parole TYC GAP.95.3 Rules of Conduct. 11. Ensure all allegations of mistreatment are reported in compliance with GAP.93.33, Alleged Mistreatment Rules and Definitions. 12. Conduct appropriate administrative due process hearings in compliance with TYC GAP .95.51,.95.53, .95.55,.95.57 and .95.59. Texas Youth Commission Page 1 of 11 Contract for Parole Supervision (9/06) ~R.* ~I VOL DO 13. Report all incidents for which youth may be disciplined and all serious incidents according to TYC GAP.07.03 Incident Report and TYC procedures for contract parole. 14. Conduct home assessment and updates, GAP.85.43, Home Placement. 15. Comply with GAP.87.91 for the family reintegration of sex offenders, which includes at least one contact per month in the home while the youth is on double intensive, intensive, or moderate surveillance. At least one in home contact per quarter while the youth is on minimum surveillance. C. Attend 18 hours of required TYC sponsored training per year. D. Assign one contract parole officer per county and assign no more than 20 parolees per officer unless a written plan to TYC has been submitted and approved by the Quality Assurance Administrator. E. Submit quarterly claims to the TYC District Office on a standardized invoice attached as Exhibit C. Use a separate invoice for each month and include on the invoice names of each youth for whom payment is requested, the start and end date the total number of days for which payment is requested, the rate of pay and the total amount for each youth; and submit the invoice no later than (10) ten work days from the last day of the quarter for which payment is requested. F. Afford TYC access to TYC youth and all records and/or information on TYC youth at all times. G. Forward copies of all audits, monitoring, and investigative reports completed by the program's certifications authority or any other funding entity to the Contract Specialist within five (5) work days of receipt. H. Allow TYC/designee to perform monitoring, performance evaluations, investigations, or audits. 1. Provide access, inspection, and reproduction to all records related to services rendered under this contract that are necessary to facilitate monitoring, performance evaluations, investigations or audits. 2. Records include, but are not limited to, contracts, notes, real property documents, accounting/financial records, written policies and procedures, correspondence, performance evaluation data and reports, and any other information pertinent to revenues, costs, expenses, and performance of services provided under this contract belonging to the Service Provider. Evaluation of services may include, but is not limited to, office visits, interviews with youth and the administration of questionnaires to the staff of the Service Provider and TYC youth. 3. Upon request by TYC and during reasonable business hours, provide facilities to TYC/designee to perform any of the functions listed in this subsection, as well as adequate and appropriate workspace and copier. L Maintain all financial records in accordance with generally accepted accounting principles. Maintain and retain records for a minimum of three (3) years and 90 calendar days after the termination of the contract period, or for three (3) years after the end of the federal fiscal year in which services were provided, whichever is longer. If any litigation claims, disputes, or audit involving these records begins before the three (3) years and 90 calendar. days period expires, the Service Provider will keep the records and documents until all litigation, claims, disputes, or audit findings are resolved. Resolution is when a final order is issued in litigation, or a written agreement is entered into between TYC and the Service Provider. Contract period means the beginning date through the ending date specified in the original contract or any amendments. K. Notify the Quality Assurance Specialist immediately if a TYC youth makes an unauthorized departure from the parole placement. L. Require any of Service Provider's employees or to cooperate with and testify in judicial proceedings, legislative and administrative hearings or investigations, at the request of TYC. M. Notify the Director of Juvenile Corrections in writing of all revenue sources and reimbursements from third parties for any and all costs or services associated exclusively with a youth served under this contract. Texas Youth Commission Page 2 of 11 Contract for Parole Supervision (9/06) ~ gg PA[ o2i X 1 Billing more than one revenue source for the same costs or services provided a single youth is prohibited and shall be recouped or administrative error sanctions shall be imposed as set forth herein. Neither a youth nor his/her parents or guardians will be required to pay for the support of the youth in the program, unless otherwise ordered. N. Ensure a computer setup with the following: Microsoft Office for Word documents and Excel spreadsheets, local internet service provider (ISP) and an e-mail address. 0. Notify TYC if Service Provider is or becomes a covered entity under the Health Insurance Portability and Accountability Act (HIPAA). Service Provider is to secure any HIPAA consent or authorization necessary to provide to or obtain from TYC protected health information. II. TYC For and in consideration of the parole supervision and services provided to TYC youth by Service Provider, TYC will: A. Provide the Service Provider with policies and amendments from relevant TYC manuals used in the provision of parole supervision and services to TYC youth. B. Pay for services rendered by Service Provider at the rate of $9.50 per youth per day. C. Pay for ongoing services provided for a period not to exceed ten (10) days following a youth's absence from the home/home substitute and who are in legal custody other than TYC, or the youth has absconded. D. Terms of payment shall be in accordance with Chapter 2251, Texas Government Code and Texas Government Code 403.055(h) that "payment owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the Comptroller administers or collects until the indebtedness or delinquency is paid in full:" E. Reimburse the Service Provider for mileage at a rate not to exceed the state reimbursement rate, for mileage incurred in attending meetings and training sessions presented by TYC staff and for mileage incurred in visiting or transporting TYC youth detained in facilities outside of their judicial district, provided prior approval is obtained from the TYC Quality Assurance Supervisor. TYC will reimburse Service Provider for the cost of DNA testing required by HB 1068, 79th Texas Legislature, performed at the request of TYC, provided that prior approval is obtained from the Quality Assurance Supervisor. F. Transport or arrange transportation for youth to the contracted parole officer for admission and transport or arrange transportation for the youth if another placement is determined to be in the best interest of the youth. G. Complete monitoring of Service Provider's program according to the schedule developed by Central Office Contract Administration. H. Pay for supplemental services necessary for individual case plans in accordance with TYC protocol for treatment. I. Issue a directive to apprehend an escapee once notified by the Service Provider. J. Promptly notify the Service Provider of any changes in a youth's parole status that would affect the payment of fees for parole services. K. Provide quarterly training on required training components. L. Provide access to TYC applications and information resources via web as needed. Texas Youth Commission Page 3 of i i Contract for Parole supervision (9106) e~~ ar3 III. CERTIFICATIONS Article 1: Equal Opportunity Service Provider certifies compliance with all terms, provisions, and requirements of Titles VI and VII, Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and any other Federal, state, local or other anti- discriminatory act, law, statute or regulation, along with all amendments and revisions of the acts, laws, statutes or regulations, in the performance of this contract, and will not discriminate against any child or youth, client, employee, or applicant for employment because of race, creed or religion, age, sex, color, national or ethnic origin, handicap, or any other illegal discriminatory basis or criteria. Article 2: Unfair Business Practices Service Provider certifies that it or its officers have not been found guilty in a judicial or state administrative agency proceeding of unfair business practices as set out in the Texas Business and Commerce Code and that no officer of Service Provider has served as an officer of another company which has been found guilty in a judicial or state administrative agency proceeding of unfair business practices. If the above certifications are false, this contract is void. Article 3: Franchise Taxes Section 1: Service Provider certifies that should Service Provider be subject to payment of Texas franchise taxes, all franchise taxes are current. If such certification is false this contract may be terminated at the option of TYC or other administrative error sanctions may be taken. Section 2: If Service Provider is exempt from payment of Texas franchise taxes, Service Provider shall so indicate by attachment to this contract. Section 3: If Service Provider's payment of Texas franchise taxes becomes delinquent during the term of this contract, Service Provider will notify TYC within 24 hours. If such delinquency cannot be cured within 24 hours and a copy of the Certification of Account Status proving payment of delinquent taxes cannot be provided to TYC, this contract may be terminated at the option of TYC or other administrative error sanctions may be taken under the provisions of the contract. Article 4: Asbestos Regulation Compliance Service Provider certifies compliance with the Asbestos Hazard Emergency Response Act of 1986 (AHERA) by having on file with the Texas Department of State Health Services (DSHS) a copy of Service Provider's AHERA Management Plan for each facility the Service Provider owns, leases, or otherwise uses as a school or is part of a school, grades kindergarten through 12, inclusive where applicable. Prior to the initiation of services under this contract, Service Provider shall provide to TYC a certification of an asbestos-free environment or a copy of the DSHS acceptance and approval for the Service Provider's AHERA Asbestos Management Plan(s). Service Provider shall comply with the approved Management Plan during the term of this contract and any renewals; failure to do so shall be grounds for termination of the contract. Should DSHS approve a revised or modified Management Plan, a copy of the DSHS acceptance and approval of the revised or modified Management Plan shall be furnished to TYC. Article 5: Human Immunodeficiency Virus Services Act Compliance Section 1: Service Provider certifies compliance with the HIV Services Act, [Vernon's Texas Code Annotated (VTCA); Health and Safety Code, Section 85.001, at se requirements for maintenance of confidentiality regarding HIV and its related conditions, including Acquired Immunodeficiency Syndrome (AIDS). Section 2: Service Provider further certifies that workplace guidelines are developed and implemented. Service Provider may elect to use workplace guidelines developed and implemented by TYC. Should Service Provider not elect to use workplace guidelines developed and implemented by TYC, Service Texas Youth Commission Page 4 of '11 Contract for Parole supervision (9106) Provider agrees its workplace guidelines shall be similar to TYC's as required by §85.113, Texas Health & Safety Code. Section 3: In the absence of confidentiality guidelines, Service Provider is not eligible to receive state funds, and Service Provider agrees to refund to the state any state funds Service Provider receives while ineligible. Article 6: Communicable Disease Prevention & Control Act Compliance Service Provider certifies compliance with the applicable provisions of the Communicable Disease Prevention and Control Act, [Vernon's Texas Code Annotated (VTCA); Health & Safety Code, Section 81.001 et se . Article 7: Federal Confidentiality Compliance Any program that specializes, in whole or in part, in providing treatment, counseling, and/or assessment and referral services for youth with alcohol or other drug problems must comply with the Federal confidentiality regulations. Said regulations apply only to programs that are federally assisted either directly or indirectly. Service Provider certifies compliance with these Federal requirements for confidentiality [42 USC Section 290 dd-2; 42 CFR Part 21 and agrees to comply with said requirements for so long as this contract is in force. Article 8: Educational Requirement Service Provider is responsible for implementing and ensuring that youth placed in their program are provided with the appropriate educational services as required by state and federal law. Article 9: Restriction on Possession of Weapons Service Provider agrees that Service Provider or any associates providing services on behalf of Service Provider, shall not carry or possess any type of firearm or other weapon as defined by Texas Penal Code Section 46.02 while rendering services to TYC youth under this contract. This prohibition includes the carrying of a concealed handgun licensed under the authority of Chapter 411, Subchapter H, Texas Government Code. Service Provider shall be under an affirmative duty to keep weapons out of the possession of TYC youth in Service Provider's care. Article 10: Required Disclosure of Lobbyist Activity Service Provider agrees that if any person who is an employee of, director of, subconsultant, or subcontractor for Service Provider is required to register as a lobbyist under Chapter 305, Texas Government Code at any time during the term of this contract. Service Provider shall notify TYC Director of Juvenile Corrections and provide timely copies of all reports filed with the Texas Ethics Commission as required by Chapter 305, Texas Government Code. Article 11: Notification to TYC of Subconsultants & Subcontractors Section 1: TYC shall be notified of the selection and/or use of all subcontractors, or subconsultants regularly used by the Service Provider in performing or assessing the performance of Service Provider's duties under this contract if paid or anticipated to be paid an amount exceeding $5,000.00 during the term of this contract, and they are subject to the approval of TYC; said approval will not be unreasonably withheld. Section 2: No contractual relationship will exist between Service Provider's subconsultants or subcontractors and TYC. TYC shall have no responsibility whatsoever for the conduct, actions, or commissions (active or passive) of any subconsultants or subcontractors in the performance of their duties under this contract. Section 3: Service Provider shall be solely responsible for the management of any subconsultants or subcontractors in the performance of their duties under this contract. Article 12: Compliance with Child Support, §231.006, Family Code Texas Youth Commission Page 5 of 11 Contract for Parole supervision (9/06) 4 DI -5 "Under §231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract or bid is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if his certification is inaccurate." SERVICE PROVIDER MUST PROVIDE, IN THE SPACE BELOW, THE NAME AND SOCIAL SECURITY NUMBER OF AN INDIVIDUAL OWNER, A SOLE PROPRIETOR AND ALL PARTNERS, SHAREHOLDERS, OR OWNERS WITH AN OWNERSHIP INTEREST OF AT LEAST TWENTY-FIVE (25) PERCENT OF THE BUSINESS ENTITY ENTERING INTO THIS CONTRACT. For nonprofit corporations with no identifiable owner of twenty-five percent (25%) or more of the corporation, indicate with "none" on the first line below. None Name, Social Security Number, Percent Article 13: Compliance with §572.054, Texas Government Code, Former Officer or Employee of TYC Service Provider certifies compliance with §572.054, Texas Government Code. Service Provider has not employed a former officer or employee of TYC to perform services on Service Provider's behalf, to secure this contract or to represent Service Provider in any manner prohibited by the referenced statute. A false certification could result in termination of this contract. Article 14: Signatory Authority The undersigned signatory certifies by his/her signature, that he/she has the authority to bind the Service Provider to the contract provisions stated herein. Article 15: Compliance with §2252.901, Texas Government Code, Former or Retired Employee of the Agency Service Provider certifies compliance with §2252.901, Texas Government Code, which provides "A state agency may not enter into an employment contract, a professional services contract under chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the contract. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided the former or retired employee does not perform services on projects for the corporation, firm or other business entity that the employee worked on while employed by the agency." Service provider certifies that he/she is not prohibited from entering into this contract because of any prior employment with TYC. Article 16: Specially Designated Nationals and Blocked Persons List Service Provider certifies that it is not on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control. IV. GENERAL PROVISIONS Article 1: Relationship of Parties The Service Provider is acting as an independent contractor and is wholly responsible for the day-to-day operations of its programs and employees; no joint venture, partnership, or agency exists nor shall be implied by the terms of this contract. No employee of Service Provider shall become an employee of TYC by virtue of this contract. Texas Youth Commission Page 6 of 11 Contract for Parole Supervision (9/06) Article 2: Indemnity Service Provider agrees to be liable for, and hereby does indemnify and hold harmless TYC and its officers, directors, agents, employees and representatives from and against any and all liability for any and all claims, suits, demands, causes of action, and/or damages, (including costs of court and reasonable attorneys' fees) arising from or based upon misconduct, intentional or negligent acts or omissions on the part of Service Provider, its officers, directors, agents, representatives, employees, or visitors which may arise out of or could result from this contract. Article 3: Liability Insurance Section 1: Service Provider shall maintain liability insurance in the amount of $300,000 for each occurrence of negligence. The insurance must cover injury to a youth that occurs when the youth is in Service Providers care, custody or control. Section 2: Service Provider shall provide proof of insurance documents to the TYC Director of Juvenile Corrections, upon request. Section 3: The required insurance coverage must be maintained during the term of this contract in the above stated amount. Failure to maintain the required insurance coverage may result in termination of this contract or any other administrative error sanctions. Article 4: Confidentiality and Security Section 1: Service Provider agrees that all its employees will comply with state and federal law and with TYC policies regarding the confidentiality of student records and identifying information. Section 2: Service Provider agrees that all information regarding TYC and/or its youth that is gathered, produced, or otherwise derived from this contract shall remain confidential subject to release only by permission of TYC. Section 3: Service Provider's employees who visit any TYC facility will comply with that facility's security regulations. Section 4: Identifying pictures, appearances, films, or reports of TYC youth may not be disclosed by Service Provider without the written consent of the youth and, if under age 18, of his or her parents, guardian, or managing conservator. Article 5: Administrative Error Sanctions Section 1: TYC, based on information from monitoring or other verifiable sources, may terminate this contract for the reasons set forth in the article dealing with termination below, or take other actions including, but not limited to: a. Require the Service Provider to take specific corrective actions in order to remain in compliance with the terms of this contract; and/or b. Recoup payment made to Service Provider; and/or c. Impose recommendations from audit or investigative findings, and minor or major sanctions; and/or d. Assess liquidated damages for each instance of non-compliance with the terms of this contract equal to $150 multiplied by the average daily population of TYC youth placed with the Service Provider in the preceding month; and/or e. Suspend, place into abeyance, or remove any contractual rights including, but not limited to, withholding payment, moratorium on placements, population limitations and/or removal of all youth presently in the program. Section 2: Service Provider shall cooperate fully with TYC and its authorized representative in carrying out corrective action plans. Article 6: Termination Texas Youth Commission Page 7 of 11 Contract for Parole supervision (9106) Section 1: Service Provider may terminate its obligations under this contract by giving thirty (30) days notice and assisting in relocating youth in the program to other placements. Section 2: TYC may terminate its obligations under this contract by giving thirty (30) days notice, or immediately in the event youth are removed from the program when conditions exist that threaten the health, safety or welfare of TYC youth in the program, or in the event of breach of contract by Service Provider. Section 3: TYC may terminate its obligations under this contract for failing to complete the corrective action specified and no extenuating circumstances exist; or is noncompliant with any area of the contract; or is below average in any single TYC performance measure; or is below standards in overall performance measure rating. Section 4: TYC shall terminate this contract in the event that TYC is not granted funding to pay for the herein described services or in the event that funding is lost due to either a reduction in the budget or a reallocation of budgeted funds. Article 7: Waiver No waiver by either party of any breach or default of the other under this contract shall operate as a waiver of any future or other breach or default, whether of a like or different character or nature. Article 8: Severability If any part of this contract is contrary to any federal, state, or local law, it is not applicable and such invalidity shall not affect the other provisions or applications of this agreement which can be given effect without the invalid provision or application and to that end the provisions of this contract are declared to be severable. Article 9: Contract Amendment No other agreements, oral or written, shall constitute a part of this contract unless such be made in writing, executed by the parties hereto or their successors, and expressly made a part thereof. Article 10: Contract Renewal The contract will not be automatically renewed. The contract may be renewed with the mutual agreement of both parties. The rate and services may be renegotiated based on performance and service delivery and the mutual agreement of both parties. Article 11: Notice of Changes Section 1: Service Provider shall notify TYC immediately in writing in advance of any significant change affecting the Service Provider, including but not limited to change of Service Provider's name or identity, location of services, ownership or control, operating entity, governing board membership, key personnel, payee identification number, and other significant changes that may affect the delivery of services under the terms of this contract. Section 2: Service Provider shall refrain from transferring or assigning this contract or from entering into any subcontract for the services under this contract without prior written approval from TYC. Section 3: Service Provider shall not relocate the services provided under this contract from the location stated in the preamble without prior written approval from TYC and a certification that the location to which services are to be relocated is in compliance with Chapter 224, Local Government Code. Article 12: Notice Required notices will be provided to the Director of Juvenile Corrections at the TYC Central Office at 4900 North Lamar, Post Office Box 4260, Austin, Texas 78765; to the TYC District Office at 321 N. Center Ste W-101, San Antonio, TX 78702, to the Contract Specialist at 321 N. Center Ste W-101, San Antonio, TX 78702; to the Quality Assurance Administrator at 321 N. Center Ste W-101, San Antonio, TX 78702 to the Quality Assurance Texas Youth Commission Page 8 of 11 Contract for Parole Supervision (9/06) . X66 L a' g Specialist at 321 N. Center Ste W-101, San Antonio, TX 78702; and to the Service Provider at 1904 West Highway 21, Bryan, Texas 77803. Article 13: Venue In any legal action or criminal prosecution arising under this contract, the laws of the State of Texas shall apply and venue will be in Travis County, Texas. Article 14: Problem Solving in the Ordinary Course of Business Section 1: The parties to this contract shall use the procedures contained in this article for routine problem solving including claims for breach of contract. Should these procedures not resolve claims for breach of contract, the procedures contained in Article 15 shall be followed thereafter. Section 2: Informal Resolution: Contract Service Providers and TYC staff will communicate regularly and engage in informal problem solving efforts as a routine measure, thus preventing differences from becoming major problems. When routine measures have been exhausted, TYC staff are encouraged to utilize the following mechanism to resolve problems. Section 3: Formal Resolution: a. Contract Service Providers or TYC staff who wish to submit problems for resolution may do so in writing, including all relevant information and a recommended resolution. b. The statement of problem will be submitted to the TYC Contract Specialist unless the problem specifically involves the Contract Specialist, in which case, it will be submitted to the Quality Assurance Administrator. c. Problems are resolved within ten working days; written responses will be sent to the individual or program that submitted it, TYC Contract Specialist and Quality Assurance Administrator. Section 4: Appeal: Service Provider desiring to appeal the decision may do so within ten days by writing all pertinent information relevant to the appeal to the Quality Assurance Administrator if the problem was resolved by the TYC Contract Specialist; or Director of Juvenile Corrections if the problem was resolved by the Quality Assurance Administrator. When appealed, the problem shall be resolved within 14 working days; responses will be sent to the individual or program who submitted it; TYC Contract Specialist; Quality Assurance Administrator; and Director of Juvenile Corrections. Article 15: Claims for Breach of Contract Section 1: The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used, as further described herein, by the Texas Youth Commission and Service Provider to attempt to resolve any claim for breach of contract made by the Service Provider. a. Service Providers claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Government Code. To initiate the process, the Service Provider shall submit written notice, as required by Subchapter B, to the Executive Director. Said notice shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the Texas Youth Commission and the Service Provider otherwise entitled to notice under the parties' contract. Compliance by the Service Provider with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Government Code. b. The contested case process provided in Chapter 2260, Subchapter C, of the Government Code is the Service Provider's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the Texas Youth Commission if the parties are unable to resolve their disputes under subparagraph A. of this paragraph. c. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by the Texas Youth Commission nor any other conduct of any representative of the Texas Youth Commission relating to the contract shall be considered a waiver of sovereign immunity to suit. Texas Youth Commission Page 9 of 11 Contract for Parole Supervision (9/06) Section 2: The submission, processing and resolution of the Service Provider's claim is governed by the published rules adopted by the Texas Youth Commission pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. Section 3: Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of performance by the Service Provider, in whole or in part. Article 16: No Third Party Beneficiaries The terms of the Agreement are for the sole benefit of the parties to the Agreement and will not be construed to confer any rights on any other person. Article 17: Audit Clause Service Provider understands that it and its subcontractors by accepting funds directly or indirectly under this contract are subject to the authority of the State Auditor or its successor entity to conduct audits or investigations pursuant to Chapter 2262 of the Texas Government Code. Service Provider shall include a clause in its subcontracts providing that its subcontractors are subject to the authority of the State Auditor or its successor entity to conduct audits or investigations. Under the direction of the legislative audit committee, a Service Provider that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Failure to cooperate with the State Auditor may subject Service Provider to criminal penalties. Texas Youth Commission Page 10 of 11 Contract for Parole Supervision (9/06) OL ~F;, ~ For the Texas Youth Commission: Morelock, Director of Juvenile Corrections For the Service Provider: Service I~-23.06 uate Approved as to form: Contract Number: For Brazos County: Texas Youth Commission Pagel 1 of 11 Contract for Parole Supervision (9/06) O TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES COMMISSIONER Carey D. Cockerell AMENDED PLAN CHANGE FY 06-01 Margaret Lalk Brazos County District Attorney's Office 300 East 26th St., Suite 310 Bryan, Texas 77803 Re: FY 06 Title IV-E Legal Services Contract Contract Number: 20934a19ae- .Z 33 a / /:S-,3 Plan Change 06-01 Effective Date: September 1, 2005 The Department of Family and Protective Services (DFPS) and the Commissioners Court of Brazos County entered into a new contract effective September 1, 2002. This contract has been amended 0 time(s) previously. The Department and Contractor agree to the following plan change to the contract. This plan change is effective September 1, 2004. • The purpose of this plan change is to incorporate the attached Title IV-E Legal Services Cost Allocation Plan and Budget for FY 06. The attached Cost Allocation Plan and Budget is incorporated into this plan change for all purposes, reflect the changes affected by this plan change for the contract period September 1, 2005 through August 31, 2006, and supersede those attachments to the contract and any amendments, for the contract period covered by this plan change. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES APPROVAL: ~,.dtot( RAq gll~ita 9rn#elr Date V~rtCAWof (OAim&cleztrest~SSl~e i # t APPROVAL/AMENDED PLAN CHANGE: Ardell Ray Date Director of Contracts COMMISSIONERS' COURT OF BRAZOS COUNTY Sims Judge Date 14000 Summrr Dam, Surm loo ♦ AumN, TExes 78728 ♦ (512) 834-3201 B~PAUL aaa Md"r~i r SWAM +r9tliliflQsillion j. "'U Debann6nt, Form 9048 _ " pettelon, in61 tlll* and Volur~v May W" 'Excluslon for over6d Contract 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 Certfficatlon 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 whk:h 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 pro posed 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 ve 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. . ~~~o.wwersrvtasa ~........~.....c.11~~•WpanlNny Fam~py ' }pens on, t ftlbNNy and Vblun y r sow £xcluslon 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 particlpant 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, N 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: The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its for debarment declared voluntarily excluded~fromdebarred, participatiopii nt his transaction n by any Federal department or age cy,. OR ❑ Where the prospective lower der participant is unable to certify to any of the statements in this certification, such prospective participant has attached an explanation to this certification. Commissioners' Court of Brazos County Name of Pommu Contractor 17460004330 Vendor I No. or o1S4t3ecurity No. .2336 /i" t)F S Contrail No. IIf applicable) Date i i /07I Randy Sim f~HntadV"F, :ur„e o Au oozed Representaove Brazos County Judge one V`ut. gg PAGE l gq- A r a z a+ivtf i lvl\ A17 U ILLIVILPIUVIA-11U1N FORM CONTRA=`S FOR REIMBURSING "AL COSTS AMENDED FY 06-01 1. Name of County: BRAZOS COUNTY 2. Federal Employer's I.D.# 3. Address of Contact Person: Margaret balk Name or Texas Vendor I.D.# 1746000433021 Assistant District Attorney Title 300 East 26th Street, Suite 310, Bryan, Texas Street Address City State 4. County Judge: Randy Sims Name 5. County Auditor: Katie Conner Name County Judge Title County Auditor Title TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES 2-as 979-361-4320 Phone 77803 Zip Code 979-361-4102 Phone 979-361-4350 Phone page 1 of4 W O W U WQ z~ ~F y8 .9 g~ 3 0 8 0 w 8 y ro ro sa $4 ~ aa w 0 w w t- a a V M LA (D M N O 00 N a) > r •••I M r, l0 . V N M 69 }1 N x k k al g CL . +J ~ 0 V a) b) N oN N N a o 0 Lr) b Lr) d O 11 r1 G g _ tr) C H S A T' +J • e , m dP dP OA ~ 3a r. b `d UO 8@ O o 0 0 0 O) ri rn N (D >1 4J E P M S1 .v~i v a S r-I rl O l~ r♦ U X 0 C'i N a) Ln u1 rl co W (d N a) 3 U) 111 O > N ~ vl q U ro U 3 4 W 0+ 1>1 41 -ri rd I 3 Ix b m m $ p N . ~ ° a a a M ~ •N 00 lJ lJ m y g U) > 0 -1 U k ° ro m ro tf ro ° i Eax 4J 1J N m m m m 4 ro• 14 o U) v H m N d) a ° r. a (if ul to, ° ° m m .-I N m a) m m k LI m x ~ S i k N r i v . ro 3 r1 H 01 o, s4 a 10 4 a H ~ 0 4J W U V P N 4 N+4 1 P 0 w w d 0 O O ui O ~ m m ro 41aaai N M y4 m 4) m m M r 8 ro x O (a 9 a) 9 h •I 9 fa W q r-I 9 v w a ro> r-I C H F c o u ro oUk H rd 10 J vi `d 403 0 o a) ro ro >r 9 0a iN~ > mro 04 a: 3 a S G d +J U e U U v N 4 O) r•1 N M co o M co 4 M 01 II m II II N k N n k a) X r1 n 11 11 11 W rn N x kD k N k mxx r1 W ON N N 0 0 r CD i T a uuu n 0 o 00 >_-cV \ O O kkk o ° ; a l 1 I N W rt •.I N 'i O rl • ~ I y 6 w 0 t- M Ad O ~N O O C O O C O O m lp N ~ N C . N a •14 v N Ln 0 0 0 0 N N 1 1 M M O O O O N N rti W Q C. O O O •a ro v sae v Ln 0 0 N M O O N 0 ro ar m 4 N A .A y , al O w Q, w rtf a $4 m o V w a 4-1 (d 44 0) o L4 W E • ~ .--1 v] A A ~ H d ~ ro I P+ o A, g: O ~ ~ N N j ~ ( O a A N O ri. a~4 o U .H N P V ) *,4 0 ~ 44 + U U U ~J w O Indirect costs: Please describe the basis for any indirect costs below During FY 2006, the Brazos County Commissioners' Couet adopted an indirect cost plan prepared for Brazos County by Vertex. The plan was prepared in accordance with OMB Circular A-87 and was based on actual FY 2005 expenditure information. The consultants determined that the indirect cost rate for the District Attorney's office for Fiscal Year 2006 is 26.618. Therefore the FY 2006 extimated indirect costs are: (74,364. + 19,034. + 2,450.) x .2661 = $25,505. Average Percentage of Title IV-E related Foster Children: To be supplied by Reeion Coordinator. Name of person preparing this plan: Margaret Lalk Telephone Number _979-361-4320 PLAN APPROVED BY: TDFPS REPRESENTATIVE DATE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES page 4 of 4 BRAZOS COUNTY, TEXAS FISCAL YEAR 2006 CONSOLIDATED LOCAL CENTRAL SERVICES OMB A-87 COST ALLOCATION PLAN And INDIRECT COST RATE PROPOSAL Based on Fiscal Year 2004 Expenditures CERTIFICATION STATEMENT This is to certify that I have reviewed the cost plan submitted herewith and to the best of my knowledge and belief: (1) All costs (for the fiscal year ended September 30, 2004) included in this proposal dated October 12, 2005, to establish cost allocation or billings for the period of October 1, 2005 to September 30, 2006, are allowable in accordance with the requirements of OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments," and the federal award(s) to which they apply. Unallowable costs have been accounted for in allocating costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Brazos County, Texas Signature:' Ms. Katie Conner Brazos County Auditor -/;1- 0f~ Date of Execution: Indirect Cost Rate Calculation Total Allowable Indirect Costs: $ 6.456,525.61 = 26.61% County-wide Indirect Cost Rate Total Operating SalartesJWages: $ 24,266,723.65 This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief (1) All cost included in this proposal dated to establish cost allocations or billings for 9 11105- 8/31/06 are allowable in accordance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments," and the Federal award(s) to which they apply. Unallowable costs have been adjusted for in allocation costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Furthermore, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is hue and correct. Governmental T I Signature Name of Official Title __CpLm& judge Date ofExecution_ v~L. 1 O- coup iu•uunm udv iu n. :uune, mrn~ I,t ISJ IVO IIJO f L IRG SECTION 1251CAFETERIA PLAN ADMINISTRATION The following is agreed, effective I/1/07, between David K. Young, TPA (DKY) and Brazos County (Employer) for the continuing administration of & Section 125/Cafeteria Plan (the Plan) with Flexible Spending Accounts. The following conditions are agreeable to both patties. DKY GENERAL RESPONSIBILITIES: DKY will consult with the Employer concerning plan design, implementation and maintenance of specified employee compensation and benefits maintained or implemented by the Employer and/or specified human resource (HR) matters. DKY will charge: W $4.00_ per employee per month (min lmum per month) for Flex Spending Account administration. $1.75_ per employee per month (minimum $=per month) for Premium Only Administration. C. $1.50 -per employee per month (minimum $ per month) for Debit Card option. O D. per employee for _ . 17E. project fee for O F. per participating employee per month in flexible spending/premium accounts. DKY ADMINISTRATION RESPONSIBILITIES: DKY will assist Employer in the administration and maintenance of the Plan and provide assistance and support as needed. DKY will also provide claims forms and other necessary means of filing FSA claims; issue reimbursement checks at least twice monthly, and/or perform debit card account administration; issue employer end of month reports to include Deposit Transmittal Report, Bank Reconciliation Report, Detail Statement of Employee Balances for the flexible spending accounts, a Wire Ttausfer Report/Check register, and issue plan yew quarterly reports of account balances for those employees participating in the FSAs with a "Use It or Lose It" warning notice for the last three months of the plan year; provide forms to Employer for communicating participant terminations and changes in family status; provide Employer a dependent/child care report at the end ofeach calendar year, prepare the IRS Form 5500, ifmquired, for the Employer's signature; prepare the Plan's Plan Document, Summary Plan Description and Adoption Agreement. Mainteaance of Information; (a) DKY shall maintain at its principal administrative office adequate books and records of all transactions in which the administrator engages with insurers, plans, plan sponsors, insureds, and plan participants. (b) The books and records will be maintained for the term of the written agreement to which they relate and for the five-year period following the end of the written agreement's term. (c) DKY will maintain the books and records in accordance with prudent standards of insurance record keeping. (d) The Commissioner of the Texas Department of Insurance and his designated representative must be given access to those books and records for the purpose of examination, audit, and inspection. (e) Trade secrets, including the identity and addresses of policyholders and certificate holders, are confidential, except the commissioner may use that information in proceeding instituted against the administrator. (f) An insurer, the Plan, Employer is entitled to continuing access to these books and records sufficient to permit the insurer, The Plan, Employer to fulfill contractual obligations to insureds and plan participants. The right provided by this subsection is subject to any restrictions included in the written agreement between the administrator and the insurer, the Plan, or Employer relating to proprietary rights of the parties to the books and records. (g) DKY may fulfill the requirements of this section on termination ofthe written agreement by deliveringto the Employer or Employer's designated agent, the books and records and by giving written notice to the commissioner of the location of the books and records. EMPLOYER GENERAL RESPONSIBILITIES: Employer will distribute FSA Checks if mailed to the Employer's offices and participant statements to participants; report to DKY, in a timely manner, participant changes, terminations and changes in family status; if Employer maintains the fiduciary account, then Employer will reconcile the bank statement with the DKY famished end of month report and notify DKY of any discrepancies; cause to be recorded relevant amounts from the DKY provided end of year dependent/child care report on the employee W-2 in the appropriate block; secure, at Employer's expense and option, professional review of the Plan documents, summary plan description and legal and tax implications of the Plan. FSA FUNDS MANAGEMENT; l.) Depository Bank Z/r f/e a.) DKY representative a~s ~a nor signatory (If Yes, Employer specifically agrees to execute required documents.): Yes O No M" Page 1 of 2 09 r 00 931 V~i•ia• cuuu IU - UUhm u dviu n- ruull6, MrA, UtbJ NO.113b P- 3 b.) DKY representative will be provided with check stock, but without signatory authority: Yes 13 No M/~ 2.) DKY representative is assigned autbority to request transfer of funds from the Employer: Yes No ❑ DKY AS SUBCONTRACTOR: When DKY is functioning as David K. Young, TPA, Employer shall be the Plan Administrator, unless otherwise stated in the Plan Document. DKY has no authority, discretionary or otherwise, as regards the control and final administrative decisions of the Plan(s). DKY is not an attorney or CPA, and thus all matters regarding legal and tax implications of the Plan(s) should be reviewed by Employer's counsel. AGENT SELEC f the Employer desires to install products associated with this agreement, Employer designates as agent(s) of record. Emplo~erInitials) Employer understands some or all products sold with any Plan associated withthis agreement could be underwritten; therefore, some employees who apply for the coverages may be, at the discretion of the insurance carrier(s), declined coverage, rated at a higher premium than was originally illustrated, or not be covered for certain conditions. It is further understood that DKY may be compensated by the designated agent(s), via separate agreements solely between said Agent(s) and DKY. O May 4y Not: DKY may or may not receive commissions derived directly from the sale of products associated with this agreement. ARBITRATION; DKY, the Employer, the Plan Trustee and the Plan Administrator agree to meet and confer in good faith on all matters and disputes arising tinder this Agreement. I f a dispute is not resolved under the foregoing, then any party may submit such dispute Rust, to mediation, and then as a final resort, to binding arbitration under the commercial rules of the American Arbitration Association ("AAA"). Such arbitration will be held as promptly as possible in Boxer County, Texas and will be conducted before a single arbitrator, not withstanding any rule of the AAA to the contrary unless otherwise agreed to by the parties at the time of the arbitration, Furthermore, notwithstanding any rule of the AAA to the contrary, such single arbitrator shall not be chosen without a list of potential arbitrators. The AAA shall then have the discretion to select an arbitrator from those remaining. The decision of the arbitrator will be binding on the patties and may be submitted for enforcement to any court of competent jurisdiction. All costs and expense associated with the arbitration, including the attorneys fees of the prevailing party, shall be borne by the non-prevailing patty to the arbitration. However, notwithstanding the above requirements to submit claims to arbitration, any claim, the amount of which is below the maximum jurisdictional limits of a Justice Court or a Small Claims Court in Bexar County, Texas shall be submitted to such court for determination and shall not be required to be submitted to arbitration- PERFORMANCE: This agreement shall be consittted under and in accordance with the laws of the State of Texas, and al I obligations of Employer and DKY are performable in Bexar County, Texas. CANCELLATION: This Agreement shall initially be for 12 months, and thereaftercmt be canceled by either patty with 60 days written notice. PAYMENT TERMS: 1) O In full on commencement of contract; Amount due with contract . 2) Partial on commencement and balance in progress; Due with contract ; Remaining balance due 3) In progress (30 days of invoice). All invoices are payable at DKY's business office, 11107 Wutzbach Road, Suite 403, Bow County, San Antonio, Texas 78230. ACCEPTANCE: All the conditi a described and outlined within this agreement, consisting ofpages I through 2, are agreed to and accepted b parti BY: DATE: pl Rep a tative BY: DATE: V PAP sedla Page 2 of 2 k 88 f, a3 a Cc: s592 CQ9M RENEWAL OFFER EXECUTIVE SUMMARY Key Element PharmaCare Offer Retail Pharmacy Network Broad national network (approximately 56,000 pharmacies) eta' -P Brand Ingredient Cost (AWP) Discount AWP-15.5% * RETAIL BRAND EFFECTIVE RATE GUARANTEE OF AWP - 16.00% which includes U&C, Non-MAC generic Ingredient Cost (AWP) AWP-15.5% Discount Generic Pricing MAC C2 AWP - 50% (Retail generic effective rate guarantee includes MAC, Non-MAC, and U&C claims If actual program performance materially differs from the assumptions used to develop this financial offer due to changes outside of PharmaCare's control (i.e. plan design, program structure, etc.), PharmaCare reserves the right to revisit and proportionately adjust the estimated and/or guaranteed amounts, if applicable. Dispensing Fee per Rx - Brand, Non $1.95 MAC generics and Generics Electronic Retail and Mail Administrative $0.00 Fee per Rx Clinical Admin Fee Per Paid Rx $0.30 Paper Admin Fee (DMRs) per paid Rx $1.50 claim Wall Service PMcin Brand Ingredient Cost (AWP) Discount AWP-23 % AWP is based on actual package size dispensed by PHARMACARE (e.g., 5,000-tablet containers). For many drugs, the AWP is /owerfor the larger-container count, than for the 100-unit count. Generic and Non MAC Generic AWP - 55% Ingredient Cost (AWP) Discount Dispensing Fee per Rx - Brand, Non $0.00 MAC Generics and Generics Administrative Fee Per Rx $0.00 Clinical Admin Fee Per Paid Rx $0.30 2 Confidential and Proprietary Information of PI-IARMACARE Formula Rebates Retail $4.13 per All Brand scripts Mail Service $12.71 per All Brand scripts Rebates are subject to the continued availability of manufacturer participation, our unimpeded ability to perform intervention activities, no material changes in laws and regulations related to rebate programs and/or intervention programs, and the attainment of minimum formulary compliance and market share objectives Preferred Choice 3-TIER formulary requires minimum $15 co-pay differential between 2nd & 3 ° tiers. Should actual program performance (for example, Average Days Supply, Generic Dispensing Rate, etc.) materially differ from the baseline assumptions used to develop this financial offer, we reserve the right to revisit and proportionally adjust the estimated and/or guaranteed rebate amounts. 3 Confidential and Proprietary Information of PHARMACARE 4a688~, t o233 Key Element PharmaCare Offer Clinical Programs DUR NOW PharmaCare includes the following in the $0.30 Clinical Admin Fee PHARMACARE DUR NOW Basic Clinical claims reviewed to identify patients receiving two (Integrated Retail and Mail) drugs from the same therapeutic class at the same time. Physician communication is mailed with: • Prescriber letter • Patient Profile • Prescriber Response form PHARMACARE DUR NOW Comprehensive Clinical data to evaluate if a physician has written a (Integrated Retail and Mail) (1)Brand to Generic(DAW1) "dispense as written" prescription for a brand drug that has an "A" rated generic equivalent available. Analysis must have savings for both Sponsor and patient. Sponsor can modify savings amount. The PharmaCare default threshold is $10.00. (2)Drug/Drug Interaction Claims review data to identify patients receiving two drugs at the same time that are known to cause a clinical) significant interaction. (3)High Utilization Claims review to identify patients who have received a certain number of specific controlled drugs or drugs of abuse in a calendar month. Can be modified by the Sponsor. The PharmaCare default is greater than 3 claims in calendar month. (4)Retail to Mail Integrated claims review to identify patients who have New enhanced "Quick-Start" program had a maintenance prescription filled through a retail harmac . This will include a coupon for member. (5) Acute Frequency - Proton Pump This program tests claims data to identify patients on a Inhibitor Program twice-daily proton pump inhibitor regimen. This program promotes once-daily dosing of proton um inhibitors. (s) Dose Optimization This program is designed to promote once daily dosing of medication while maintaining the same total daily dose. The advantages of this program will improve compliance and reduce costs for the member and the company. ScripCheck This program eliminates inappropriate drug use identifying cases where a patient's use of targeted drugs exceeds the established appropriate levels. Only clinically reviewed medications are selected for this program. Advantages are managing over-utilization or mis-use of the plan design. Medical necessity is re wired for continued use at the identified dosage form. Therapeutic Drug Management This program supports the effective use of generics by Mail Service Prescriptions proactively making outbound calls to the patient. "Pricing for any New Clinical Modules To be determine as new products are developed 4 Confidential and Proprietary Information of PHARMACART p ~a 4'FetiC 2 3~ 7777 Prior Authorizations Level 1 Smart PA's $0.00 per PA Level 2 (Clinical PA's with Rph. Review & determination $30.00 per PA Level 3 (Clinical PA's with Rph. Review & determination $100.00 per PA 5 Confidential and Proprietary Information of PHARMACARE VOL 83 PAGE 35 Key Element PharmaCare Offer Specialty Pharmacy Voluntary AW P -15% + $1.95 Managed Type 1 AW P - 16% + $1.95 PharmaCare Specialty Pharmacy Managed Type 2 AW P - 16% + $0.00 Proactive management of patient. Delivery coordination (This program encompasses to physician's office or patient's home. Overnight delivery if requested by physician, 800 toll free phone specialty medications dispensed at number. Patient care unit provides: eclinical screening assessment PharmaCare Specialty Pharmacy) erefill reminders .compliance monitoring .patient liaison and advocate .teaching needs assessment .utilization management .educate providers on appropriate utilization criteria for thera Conditions This proposal is subject to the approval of our executive and credit committees and completion of documentation satisfactory to both parties. This price proposal is contingent upon an initial three- year renewal term. Acceptance Your organization may accept this proposal by signing in the space indicated. Please return a copy to my attention via fax at: (412) 968-2679 and return a copy to my attention at: Dickens Benoit Pharmacare 8721 Airport Freeway Fort Worth, TX 76180 Upon receipt, PharmaCare will generate a contract agreement to your company to be executed by and officer Expiration This proposal offer will expire as of August 15, 2006 6 Confidential and Proprietary Information of PHARMACARF r. Syr ~5~ a31~ By: Dickens Benoit Regional Account Manager July 18, 2006 7 Confidential and Proprietary Information of PHARMACARE The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of A.D. 2006 L ~ Karen McQueen County Clerk, County of BRAZOS, State of Texas J~l9~i Lloyd 14assermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Mallard, Commissioner Pnkcinel #4 Treasurer's Report for the MONTH of SEPTEMBER 2006 AND O/E 9/30/2006 Q. Q a38 Examined and approved in open Commissioners' Court this L day of FYI ...09/30/2006 INVESTMENT TYPE COST BOOK VALUE TEXPOOL $ 5,525,043.38 $ 5,525,043.38 09/30/2006 Depository Investable Balance $54,095,186.97 INTEREST: YTD Investment Interest Earned $ 226,019.60 September TexPool Interest (5.2648%) $ 23,805.19 Total Investment interest $ 249,824.79 YTD Checking Account Interest Earned $ 2,669,913.91 September Checking Account Interest Earned (5.51% ECR) $ 241,678.67 Total Checking Account Interest $ 2,911,592.58 Total of all Interest Earned as of September 2006 $ 3,161,417.37 TexPool's monthly average yield was Obtained from the TexPool October 2006 Newsletter g~ P, P a 39 S N p N 0 M o O N n m N n N ~p p Q N Q p P N 0 b m ~n b m ~ ~p O p p N o o n O o < .A P N R N w o p P : p s0 m p N ti O 10 n p ti W n N O O O 100 K O 0 N M W W M ry W O O N N m I I N O~ 1+1 1~ P O W pM O N m n W P IV O lV n OO n AI N !V ~ m n VI b N S 1+1 M V1b m 6l ~p M ~p p : ~ m n N e .mi ~ 0 N M ti N 1•Nt P b N n m N P p 1O N V M W b ti M . - O r n m N O m M O N N p M O n M n b M W N W N W P ~ O~ 1/i b : n l' p 10 N m N A ~ N p N N N N N N I~ y T N m ti W N ~rY~ b N m 01 v i rv ry m 0 : N N N -i2`: N O O O ti O N P N O m S ti m fOV m InV ~1pp p Y N'I n PC p 0 0 1bO m B O P fn•1 ~ 0 0 q01 W b P N N n p P T . 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I understand this agreement will be for the period beginning October 1, 2006 through September 30, 2007. BRENCO MARKETING Authorized Signature DDN'41-D tI f` Rc C~(/ FEES/DU-J-F BRAZOS COUNTY Date APPROV D: lI/o-?/a' Randy S,County Judge Date AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 17E t STATE OF TEXAS COUNTY OF BRAZOS 30 P 2: 3in BEFORE ME, the undersigned authority, on 1 \I ~V • ~OQ ~Q personally ppeared D ~ r T }';a5 Q 1~P/ I e r(t who being duly sworn, deposes and says: 1. That he/she has a substantial interest in a business entity or real'property..- Official actiortby the Commissioners Court of Brazos County, Texas concerning Agenda Item No. A 3 of the Court Agenda datedp NV,(. 11 ZOO Odescribed as / f zf f ~nC?i 14 N o a y-4, IYN p "61 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 e. 3. That I will abstain from participation in the matter Mto i =temess thorized by law. Signature SWORN TO AND SUBSCRIBED BEFORE ME this the day of 2QIP 6 D. GREEN Notary Public in and M State of Texas aan E a res The State of Texas E 1, 2010 Filed: Tom( County Clerk 8g - a ~3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: November 7, 2006 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Old Reliance Road at its intersection with Wallis Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITT D BY: AP7m, Ric and F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 0006-082 This Request is Approved XI Denied ❑ by Commissioners' Court Date: gX a qg\ Q- a cr V I~ I~ 3 s ~jE\ 0 -k o -lip-~- o~ 9 a' N r / f 1 Cx, 28 a~~ REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within- across X the right-of-way of (road) OLD RELIANCE ROAD in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 3 day of NovEMBER 20_Q_6_. By: Wickp2 Special District Title: General Manager Address: B. 0. Box 4756 Bryan, Texas 77805 APPROVED BY COMMISSIONERS' COURT ON: 1 _ Date Randy Si County Judge Phone: 979-589-303(0Q p Gpr~ prnotl~t P"+ 1/// 0 t;p a 4~