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HomeMy WebLinkAbout2007-09-04-9:00AM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA 1 4,.tr Fhhx UL BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 4 SEPTEMBER 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 20: 3. Budget Amendment 06/07 -43.1 thru 06/07 - 43.11. 4. Personnel Change of Status. 5. Payment of Claims. 6. Consideration and Adoption of an Order calling a Bond Election, providing for the conduct and the giving of notice of said election, and resolving other matters related thereto. La Consideraci6n y Adopci6n de un Orden Requiriendo una Elecci6n de Bono; proveando para llevarla a cabo y para dar el aviso de tal elecci6n; y para resolver otros asuntos relacionados. 7. Order of General Election for 6 November 2007. Orden de la Elecci6n General del 6 del Noviembre de 2007. Office of the County Judge • 300 East 261" St. • Suite 114 . Bryan, Texas 77803 • Fax: (979) 361 -4503 ttn■ /..� e�rnt+� 1 Commissioners Court Agenda 4 September 2007 Page 2 8. Amendment to the Brazos County OSSF order (found in Official Records Vol. 23, Page 213) adopting rules of Brazos County, Texas for on -site sewage facilities. 9. Supplement to Independent Contractor Agreement with Junction Five -O -Five modifying the payment amount 10. Renewal of the Contracts for Juvenile Residential Services with the following facilities; term of agreement is 1 September 2007 through 31 August 2008 for each contract: a. 4M Youth Services, Inc. c. Hays County b. Gulf Coast Trades Center d. Judge Ricardo H. Garcia Regional c. Glen Mills Residential Treatment Center Juvenile Detention Facility 11. Treasurer's Report for the month of July 2007. 12. Tax Refund Applications for the following: a. Juan & Tiburcio Baez d. Fred & Mary Isbell b. Jason R. & Christie Dodd e. Mattie A. Jefferson c. Hardwood Designs f. Rowena Johnson 13. Permission to advertise for the following bids: a. Bid 2008 -005, Road Signs and Sign Posts b. Bid 2008 -006, Heavy Machinery Rental c. Bid 2008 -007, Rental of Equipment with Operator d. Bid 2008 -008, Oversized Limestone Aggregate e. Bid 2008 -009, Flexible Base 14. Renewal of the Mail Processing Contract with DeLucia Mail Service for an additional one year period ending 9/30/08 with no increase in cost to the County. 15. Renewal of RFP 2006 -036, Legal Representation of Indigent Juveniles, with Patrick Gendron and Lane Thibodeaux with no increase in price. The new RFP number is 2007 -045R. 16. Acceptance of North Country Phase Ten (10) into the Brazos County road maintenance system; the roads (Vaquero Drive, Wickson Court and Wickson Cove) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. 17. Request from Randy and Janice Kemp for a variance to the Brazos County Subdivision and Development Regulations to allow a temporary second residential dwelling unit to be placed on their one acre lot located at 5072 Silver Oaks Drive (Wixon Oaks Subdivision, block 2, lot 11). Site is located in Precinct 3. 18. Request from Wickson Creek Special Utility District to construct two (2) road bores for water line installations in the right of way of Harris Lane approximately 1,724 ft. and 1,874 ft. southwest of FM 2038. Site is located in Precinct 2. VoL .10o Commissioners Court Agenda 4 September 2007 Page 3 19. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Harris Lane at its intersection with FM 2776. Site is located in Precinct 2. 20. Final Plat of Meadowcreek Subdivision Phase 2 and Phase 3 with right of way dedication of 0.029 acres, Samuel Davison League, A -13, Brazos County, Texas. Site is located in Precinct 1. 21. Acknowledgement of the Monthly Reports submitted in July 2007. These reports are available for review in the County Judge's Office. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. 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. VOL 1 DO PAGE-3 __ COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 4, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, September 4, 2007 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 Mallard gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -43.1 through 43.11 that would reallocate funds for the Road & Bridge Department, Jail Administration, District Attorney, Law Library, Agricultural Extension, Justice of the Peace, Precinct 1, Justice of the Peace, Precinct 2 -1; and transfer funds from Contingency to Jail Administration, Jury Services. On motion by Commissioner Cauley, seconded by Commissioner Vol too Page if Commissioners Court meeting September 4, 2007 2 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 Wassermann, seconded by Commissioner Peters, 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: 7040953 through 7041222 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the adoption of an Order calling for a Bond Election, providing for the conduct and the giving of notice of said election, and resolving other matters related thereto. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to Adopt an Order calling for a Bond Election, providing for the conduct and the giving of notice of said election, and resolving other matters related thereto. A copy is attached. The Court next considered an Order of General Election to hold an election on November 6, 2007 for the purpose of Vol 100 Page 6 Commissioners Court meeting September 4, 2007 3 adopting or rejecting the proposed Constitutional Amendments as submitted by the 80th Legislature. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order of General Election to hold a general election on November 6, 2007. The next matter before the Court was consideration of an amendment to the Brazos County On Site Sewage Facility Order for on site sewage facilities. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to table this item. The Court next considered a supplement to Independent Contractor Agreement with Junction Five-0-Five modifying the payment amount. This would allow for the increase in the Federal Minimum Wage. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the supplement. A copy is attached. The next matter before the Court was consideration of the renewal of contracts and agreements for secure long term residential service of juvenile offenders with the following facilities: a. 4M Youth Services, Inc. Moderate Care $95 per day per child Specialized Care $125 per day per child Polygraph testing for sex offenders $175 per exam Vol ) 0 0 Page 1P Commissioners Court meeting September 4, 2007 b. Gulf Coast Trades Center Basic Level $37.00 per day per child Moderate Care $82.22 per day per child Specialized Care $118.20 per day per child Intensive Level $207.62 Emergency Shelter $96.61 c. Glen Mills Residential Treatment Center Basic Level $37.00 per day per child Moderate Care $82.22 per day per child Specialized Care $118.20 per day per child Intensive Level $207.62 Emergency Shelter $96.61 d. Hays County Detention /Boot Camp $93.00 per day per child Intensive Treatment $95.00 per day per child Sex Offender $115.00 per day per child 4 e. Judge Ricardo H. Gracia Regional Juvenile Detention Facility operated by Duvall County. $90.00 per day per child Commissioner Peters pointed out that the lettering error should be a -e rather than a -d. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to renew the contracts and agreements for secure long term residential service of juvenile offenders. A copy of each is attached. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report Vol 106 Page 7 Commissioners Court meeting September 4, 2007 5 for July 2007. 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. Juan & Tiburcio Baez, over payment $77.98 b. Jason R. & Christie Dodd, over payment $75.98 c. Hardwood Designs, over payment $35.61 d. Fred & Mary Isbell, over payment $7.04 e. Mattie A. Jefferson, over payment $121.31 f. Rowena Johnson, over payment $24.81 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise the following bids: a) Bid 2008 -005, Road Signs & Sign Posts. b) Bid 2008 -006, Heavy Machinery Rental c) Bid 2008 -007, Rental of Equipment with Operator d) Bid 2008 -008, Oversized Limestone Aggregate e) Bid 2008 -009, Flexible Base On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered renewal of the Mail Processing Contract with DeLucia Mail Service. The contract is for an additional year ending September 30, 2008 with no increase in cost to the County. On motion by Commissioner Cauley, Vol /oo Page A Commissioners Court meeting September 4, 2007 6 seconded by Commissioner Peters, the Court voted unanimously to renew the Mail Processing Contract. A copy is attached. The next matter before the Court was consideration of the renewal of RFP 2006 -036, a contract between Patrick Gendron and Lane Thibodeaux and Brazos County for Representation of Indigent Juveniles. The contract amount is the same as the one for the previous year. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract. A copy is attached. The Court next considered acceptance of North Country Phase Ten (10) into the Brazos County road maintenance system. The roads, Vaquero Drive, Wickson Court and Wickson Cove and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. The site is located in Precinct 2. Commissioner Wassermann moved to accept the road and drainage structures. Commissioner Cauley seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye ". Commissioner Peters abstained. The motion carried. The next matter before the Court was consideration of a request from Randy and Janice Kemp for variance to Brazos County Subdivision and Development Regulations to allow a temporary second residential dwelling to be placed on their Vol 100 Page Commissioners Court meeting September 4, 2007 7 one acre lot located at 5072 Silver Oaks Drive in Wixon Oaks Subdivision, Block 1, Lot 11. This second structure will allow them to care for elderly parents and will be removed when no longer needed. The site is in Precinct 2. Commissioner Mallard voiced concern over having two mobile homes on a one acre tract. Commissioner Cauley asked Don Plitt with the Health Department his thoughts on this issue. Mr. Plitt said he had spoken with the Kemps and the site evaluator has said it is possible to do this. Commissioner Peters moved to approve the request. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters and Cauley voted "Aye ". Commissioner Mallard and the County Judge voted "No ". The motion to approve carried. The Court next considered the request from Wickson Creek Special Utility District to construct two (2) road bores for waterline installation in the right -of -way of Harris Lane approximately 1,724 feet and 1,874 feet southwest of FM 2038. 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 Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. Vol 106 Page 10 Commissioners Court meeting September 4, 2007 g 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 Harris Lane at its intersection with FM 2776. 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 Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Meadowcreek Subdivision Phase 2 and Phase 3 with right -of -way dedication of 0.029 Acres in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following clarification: 1) Phase 2 (9.960 Acres) - Block 5, lots 1 through 5, Block 6, Lots 1 through 19, Block 7, Lots 1 through 9 2) Phase 3 (10.574 Acres) - Block 4, Lots 20 through 36, Block 8, Lots 1 through 19. Commissioner Wassermann move to approve the Final Plat. The County Judge seconded the motion. Bill Ballard, Court Counsel, discussed the lawsuit between Meadowcreek and Main Street Homes. Commissioner Wassermann and the County Judge then withdrew their motion and second. Then on motion by Vol 100 Page 11 Commissioners Court meeting September 4, 2007 9 Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to table consideration. The Court acknowledged receipt of the Extension Service reports for August 2007 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 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 Sheriff 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: County Judge a) He reminded everyone that there will be a Public Hearing today at 10:00 a.m. on the budget for fiscal year 2008 and then a Public Hearing at 2:00 p.m. on the proposed tax increase. On Friday at 2:00 p.m. there will be a second Public Hearing on the proposed tax increase. Vol too page IA Commissioners Court meeting September 4, 2007 10 Commissioner Mallard a) Asked if we should have a workshop on the topic of mail. He noticed the renewal of the DeLucia contract on today's agenda. The County Judge said to schedule one if he felt it necessary to have one. 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 100 Page 13 The foregoing minutes of the Commissioners Court meeting held September 4, 2007 have been examined and are approved in open Court this the o%2na day of 20, in Bryan, Brazos Randy Si County',_6 Duane Peters Commissioner, Precinct 2 grey uley, Jr. Commis Toner, Preci ct 4 Attest: i 'Karen McQueen County Clerk Vol 100 Page 14 Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, PrecinI 3 r)9 r or 3 BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 7 �: oo AM/ , Name (PLEASE PRINT) t r "' .- .rear c• -mL J. 0 j dn-� b�zl � i-rt-- KF, tE, Pw Yl4e s �lt�e, da� Organization (PLEASE PRINT) SZ2 9 << VOL I00 PAGE 16 E'g Z- 0 r• 3 BRAZOS COUNTY COMMISSIONER'S COURT � DAY OF kg4 � 920. 7 9 a� AM/ Name i� ,fie � • � " - • Lc Organization (Pt. SE PRINT) �iLLl�it �7- VOL 100 PAGE I& Pg -� u f 3 BRAZOS COUNTY COMMISSIONER'S COURT �g- DAY OF , 20 n7 Name (PLEASE PRINT) Organization (PLEASE PRINT) "k, S 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-43.1 thru 06/07 -43.11 On this the 4th day of September 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I 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 4 September 2007 the Court heard and approved a budget amendment for the 2006 -2007 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 4th day of September 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes . 160 , 1y. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.1 9/4/2007 24 ®® -® M11 1 11 •11 111 :1 :•111 -� Equipment R' 1 11 •11 111 • 111 �' Equipment Radios ■ :: 11- - Road & Bridge To reallocate fimds to purchase a radio for a new truck. 24 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.2 9/4/2007 FD DIV ACCT I PROJ IDR/CRI ACCOUNT NAME Increase Decrease 0100 28002000 59100000 CR DDEA 1 1,200.00 0100 28002000 72157000 DR Counseling Services 1,200.00 Jail Administration: To reallocate funds to cover the costs for counseling services. A� 0/20 VOL t UoPAGE �0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.3 9/4/2007 FD DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR lContingency 33,000.00 0100 28002000 60350000 DR Food & Food Supplements 12,000.00 0100 28002000 61395000 DR Inmate - Health Care 12,000.00 0100 28002000 65350000 DR lGasoline 9,000.00 Jail Administration: To move funds from the County's Contingency to cover various needs from the Department: 1). To compensate for higher food cost due to increased inmate population. 2). To fund the cost incurred as a result of the addition of a new dental contract for inmates. 3). To fund gasoline ex ense for the remainder of the year. 1k'ed Br'E f ai %L kk x VOL 100 PAGE �21 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.4 9/4/2007 ffmm MMMWIM ACCOUNT NAME RIFTRNJ�� Imm Equipment -Electronic 1 11 •111 11 • 1•Itll -�. • - ®. 11 11 1 11 '111 11 . 1.1111 -�:• • -_ 11 11 1 11 '111 11 • . 1111 �• - `It 11 - VOL /00 PAGE as BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.5 9/4/2007 VOL 100 PAGE 23 Computer Maintenance =wireless Kiosk Computers. VOL 100 PAGE 23 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.6 9/4/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 750.00 0100 11000100 67281000 DR Equipment - Electronic 750.00 Commissioners' Court: To move funds from the County's Contingency to cover the initial cost for the Low -Power AM Radio Broadcast System. The Interlocal Agreement for the joint purchas e and operation of the system was signed by the C unty Judge on July 27th, 2004. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.7 9/4/2007 Prepared Bys fc�° r `` L 1 0o PAIIE 25 1 11 111 11 .1 •1111 -�'Education Supplies 11 1 11 111 11 • 1111 - • , - 1 11 111 111►111 -m' - :� 11 1 11 111 11 11111 �' Rental - Equipment _- Prepared Bys fc�° r `` L 1 0o PAIIE 25 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.8 9/4/2007 t $ !_ `�ZSu. . 'A 100 �� E a� ACCOUNT NAME 1 11 1 11 . 111 -m •: 11 1 11 � 1 11 •1 •1111 �� •: 11_- - • •1 •1111 •. -• • • .• - t $ !_ `�ZSu. . 'A 100 �� E a� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.9 9/4/2007 1® ACCOUNT 111 � • :11111• - 1 11 � 1 11 • � 1111 -�• - • • - - - 111 1 11 1 11 • 1111 _� • • • • 1 11 1 11 1 11 •1.11111 - •' Office Supplies 11 - • Justice of the Peace, Pct. 2-1- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.10 9/4/2007 Dot+. s '11007 - ACCOUNTNAME 1 11 11 11 • 1111 -m Contingency •1 11 1 11 11 1111 • 1111 �' Jurors - Grand Jury •.1 11 1 11 11 1111 • 111 �' • 111 11 1 11 11 1111 • 11111 �' _ 11 11 Dot+. s '11007 - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 43.11 9/4/2007 1 11 1 11 • 11111 -m®R 1 11 1 11 • :1 111'- �' .. - I• M. To reallocate funds to cover the travel expenses. P� J' 'J" W ayt ioo f �"� a -eL PERSONNEL / CHANGE OF STATUS REQUESTS Commissioner Court Date: September 4, 2007 Department Providing Information: Human Resources Purpose: Consider and Take Action on Change Requests Department Submitting Employee Name Action Requested Request(s) Brazos Center Sustaita, Miguel Promotion County Judge Hightower, Virginia New Hire S.O. /Jail Holloway, Duane Transfer within dept. Holmes, Allen Resignation Hutcheson, Catherine Resignation Treasurer's Office Conlee, Cathy New Hire Approved in Commissioners' Court: Septemb, County Judge's or Commissioner's Signature: (This copy to be attached to minutes) U 106 ORDER CALLING A BOND ELECTION; PROVIDING FOR THE CONDUCT AND THE GIVING OF NOTICE OF SAID ELECTION; AND RESOLVING OTHER MATTERS RELATED THERETO WHEREAS, the Commissioners Court (the "Court ") of Brazos County, Texas (the "County ") finds and determines that it is necessary and advisable to call and hold the election hereinafter ordered pursuant to Texas law, including but not limited to Chapters 1251, 1301, 1371, and 1473, Texas Government Code, as amended NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. The statements contained in the preamble of this Order are true and correct and adopted as findings of fact. Section 2. An election shall be held on November 6, 2007, in the County, which date is 62 or more days from the date of this order, at which election the following proposition shall be submitted in accordance with law: PROPOSITION "Shall the Commissioners Court of Brazos County, Texas be authorized to issue and sell bonds of Brazos County not to exceed the total principal amount of $55,000,000 for the acquisition of land, demolition, construction, improvement, equipping, and furnishing of a County Jail; and may the Commissioners Court levy, pledge, assess, and collect annual ad valorem taxes on all taxable property in the County, sufficient to pay the annual interest on such bonds and to provide a sinking fund to redeem the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds; said bonds to be issued in one or more series or issues, to mature serially or otherwise, not more than 40 years from their respective date or dates, and to bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, as the Commissioners Court in its discretion shall determine ?" Section 3. Voting shall take place on election day between the hours of 7:00 A.M. and 7:00 P.M., at the regular election precincts and polling places hereby established for this election, as identified in Exhibit "A" attached hereto. Section 4. The Court hereby appoints election officers, consisting of a Presiding Judge and an Alternate Presiding Judge, to serve as officers of this election at each polling place, who shall possess the qualifications for election officers as provided by law, which election officers shall be those election officers appointed by the Court for the proper conduct of said election. The Alternate Presiding Judge, in the absence of the Presiding Judge, shall perform the duties of the Presiding Judge for such polling place in such election. Each Presiding Judge, or his or her alternate, shall appoint for such polling place as many additional qualified persons allowed in the Writ of Election, but no more than two additional persons, to serve as clerks in this election; provided, however, that it shall be the duty of each Presiding Judge or Alternate Presiding Judge, as the case may be, to appoint a person capable of rendering oral aid in the Spanish language to any voter desiring such aid at the poll on the day of the election. Section 5. The Early Voting Clerk for this election shall be Karen McQueen, Brazos County Clerk. Early voting shall be conducted by personal appearance and by mail or other lawful means. Applications for ballots by mail for contract carrier delivery should be sent to Brazos County Clerk's �. 00 tt ORDER CALLING A BOND ELECTION; PROVIDING FOR THE CONDUCT AND THE GIVING OF NOTICE OF SAID ELECTION; AND RESOLVING OTHER MATTERS RELATED THERETO WHEREAS, the Commissioners Court (the "Court ") of Brazos County, Texas (the "County ") finds and determines that it is necessary and advisable to call and hold the election hereinafter ordered pursuant to Texas law, including but not limited to Chapters 1251, 1301, 1371, and 1473, Texas Government Code, as amended NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. The statements contained in the preamble of this Order are true and correct and adopted as findings of fact. Section 2. An election shall be held on November 6, 2007, in the County, which date is 62 or more days from the date of this order, at which election the following proposition shall be submitted in accordance with law: PROPOSITION "Shall the Commissioners Court of Brazos County, Texas be authorized to issue and sell bonds of Brazos County not to exceed the total principal amount of $55,000,000 for the acquisition of land, demolition, construction, improvement, equipping, and furnishing of a County Jail; and may the Commissioners Court levy, pledge, assess, and collect annual ad valorem taxes on all taxable property in the County, sufficient to pay the annual interest on such bonds and to provide a sinking fund to redeem the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds; said bonds to be issued in one or more series or issues, to mature serially or otherwise, not more than 40 years from their respective date or dates, and to bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, as the Commissioners Court in its discretion shall determine ?" Section 3. Voting shall take place on election day between the hours of 7:00 A.M. and 7:00 P.M., at the regular election precincts and polling places hereby established for this election, as identified in Exhibit "A" attached hereto. Section 4. The Court hereby appoints election officers, consisting of a Presiding Judge and an Alternate Presiding Judge, to serve as officers of this election at each polling place, who shall possess the qualifications for election officers as provided by law, which election officers shall be those election officers appointed by the Court for the proper conduct of said election. The Alternate Presiding Judge, in the absence of the Presiding Judge, shall perform the duties of the Presiding Judge for such polling place in such election. Each Presiding Judge, or his or her alternate, shall appoint for such polling place as many additional qualified persons allowed in the Writ of Election, but no more than two additional persons, to serve as clerks in this election; provided, however, that it shall be the duty of each Presiding Judge or Alternate Presiding Judge, as the case may be, to appoint a person capable of rendering oral aid in the Spanish language to any voter desiring such aid at the poll on the day of the election. Section 5. The Early Voting Clerk for this election shall be Karen McQueen, Brazos County Clerk. Early voting shall be conducted by personal appearance and by mail or other lawful means. ,applications for ballots by mail for contract carrier delivery should be sent to Brazos County Clerk's g �r 3Z � Et�E, l oO p�.; Office, Attention: Jaime Hines, 300 East 26 "' Street, Suite 120, Bryan, Texas 77803. Early voting by mail shall be sent to the Brazos County Clerk's Office, Attention: Jaime Hines, 300 East 26 "' Street, Suite 120, Bryan, Texas 77803. Early voting by personal appearance shall be conducted at the Brazos County Courthouse, 300 East 26 "' Street, Suite 108, Bryan, Texas, as well as those other locations identified on Exhibit "B" attached hereto, on the days and at the times as also identified in said exhibit during the period early voting is required or permitted by law (being October 22, 2007 through October 26, 2007; October 29 through October 31, 2007; and November 1 and 2, 2007). The Early Voting Clerk shall keep said early voting locations open during the specified hours for early voting by personal appearance. Karen McQueen, Brazos County Clerk, in her capacity as the Early Voting Clerk, is hereby authorized to designate, at a later date, Deputy Early Voting Clerks as may be required to conduct such early voting. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The Early Voting Clerk is hereby authorized to designate a Presiding Judge, who is hereby appointed by the Court to serve on an Early Voting Ballot Board to process early voting results. The Early Voting Ballot Board's Presiding Judge hereby appointed shall appoint at least two other members to make up the Early Voting Ballot Board, which shall be charged with the duty of determining acceptable early ballots, as required by law. The Early Voting Clerk is hereby authorized to designate a Central Count Manager, who is hereby appointed by the Court. A Central Count Manager shall be appointed by the Court for the purpose of tabulating and recording of all ballots cast in said election. Karen McQueen, in her capacity as Brazos County Clerk, shall make due return and statement to the Court for canvassing of all ballots cast in said election. The Early Voting Clerk shall determine whether a Signature Verification Committee shall be appointed to verify signatures in accordance with Section 87.027, Texas Election Code, which, if required, shall consist of at least five persons, as required by law. The Signature Verification Committee shall determine acceptable early ballots received by mail and provide results to the Early Voting Ballot Board. Section 6. The official ballots for said election shall be prepared in accordance with the Texas Election Code, so as to permit the electors to vote "For" or "Against" the aforesaid proposition, which shall be set forth substantially as follows: PROPOSITION THE ISSUANCE OF $55,000,000 JAIL BONDS AND ENTERING INTO ANY CREDIT AGREEMENT RELATED THERETO Section 7. All resident, qualified electors of the County shall be entitled to vote at said election. Section 8. In all respects, said election shall be conducted in accordance with the Texas Election Code. Section 9. All election materials including notice of the election, ballots, instruction cards, affidavits, and other forms which voters may be required to sign and all early voting materials shall be 33 _ printed in both English and Spanish, or Spanish translations thereof, and /or other assistance shall be provided, as required by the Texas Election Code and the federal Voting Rights Act of 1965, each as amended. Section 10. Notice of the election ordered herein, substantially in this form, including a Spanish translation thereof, shall be published twice on the same day of two successive weeks in a newspaper of general circulation in the County, and the first publication of such notice of election shall occur in such newspaper not more than 30 days and not less than 14 days before the day of the election. Additionally, such notice shall be posted on the bulletin board used for posting notices of the Court's meetings, at three other public locations within the County, and at the County Courthouse not later than 21 days prior to election day. XI ATTEST: County Clerk (COMMISSIONERS COURT SEAL) ELECTION DAY POLLING SITES Election Precincts Pollina Place 1 Millican Community Center FM 159 Millican, Texas 2abc /82 Wellborn Community Center 4119 Greens Prairie Road Wellborn, Texas 3ab Siegert Center - Smetana Smetana Road, 6 miles west of Bryan on north side of Hwy 21 West Smetana, Texas 4abc/79/43 Kemp School 1691 West MLK, Jr. St. Bryan, Texas 5ab Zion Church of Kurten 977 North FM 2038 Kurten, Texas 6 Edge Community Center 7628 School House Rd Edge, Texas lab Reliance Community Center Old Reliance Church Rd at Reliance Baptist Church Approx. 6.8 miles from FM 1179 and FM 158 8 Parkway Baptist Church 1501 Southwest Pkwy College Station, Texas 9 College Station Conference Center 1300 George Bush Dr. College Station, Texas 1 -1 t 0 r�� l0ab College Station Utility Customer Service Center 310 Krenek Tap Rd. College Station, Texas 11 Cavitt Church of Christ 3200 Cavitt Ave. Bryan, Texas 12 Sul Ross Elementary 3300 Parkway Terrace Bryan, Texas 13 Bethel Lutheran Church 410 Bethel Lane Bryan, Texas 14/49/55/57 Ben Milam School 1201 Ridgedale Bryan, Texas 15/53 Central Church of Christ 1600 East 291" St. Bryan, Texas 17 Brazos County Health Department 201 North Texas Ave. Bryan, Texas 18abc Neal Recreation Center 600 North Randolph Bryan, Texas 20 Memorial Student Center A &M Campus College Station, Texas 21 St. Mary's Catholic Church 603 Church St. College Station, Texas 23 Johnson School 3800 Oak Hill Dr. Bryan, Texas A -2 24 College Hills Elementary School 1101 Williams St. College Station, Texas 25 G.W. Williams Tabernacle 311 Waco St. Bryan, Texas 26 Sam Rayburn School 1048 North Earl Rudder Frwy. Bryan, Texas 27ab Bright Light Baptist Church 11234 Hwy 30 College Station, Texas 28b/68 Peach Creek Community Center Peach Creek Rd. College Station, Texas 30/77/19 Navarro Elementary School 4520 Northwood Bryan, Texas 31 A &M Consolidated High School 1801 Harvey Mitchell Pkwy South College Station, Texas 32 Larry J. Ringer Library (College Station Public Library) 1818 Harvey Mitchell Pkwy. College Station, Texas 33/72/74 Lincoln Center 1000 Eleanor College Station, Texas 34 College Station City Hall 1101 Texas Ave. College Station, Texas 35ab College Station ISD Administration Building 1812 Welsh College Station, Texas A -3 v w 0 ���; �% 36 Fellowship Freewill Baptist Church 1228 West Villa Maria Rd. Bryan, Texas 38 Castle Heights Baptist Church 4504 East Hwy 21 Bryan, Texas 39 St. Francis Episcopal Church 1101 Rock Prairie Rd. College Station, Texas 40 Aldersgate Methodist Church 2201 Earl Rudder Frwy. College Station, Texas 41/28a/42 Christ United Methodist Church 4201 State Hwy. 6 South College Station, Texas 45/55/46/47/78/81 Arena Hall Tabor Rd. and Earl Rudder Frwy. Bryan, Texas 52/16 Brazos County Courthouse 300 East 26`h Bryan, Texas 54 Fannin Elementary School 1200 Baker Bryan, Texas 62/29 Precinct 4 Volunteer Fire Station (Brushy) 6357 Raymond Stotzer Pkwy. College Station, Texas 63ab Brazos Center 3232 Briarcrest Dr. Bryan, Texas 70ab/64/67 Mary Branch Elementary School 2040 West Villa Maria Bryan, Texas A -4 L �- ?8 80 Cypress Gove Intermediate School 900 Graham Rd. College Station, Texas A_5 VOL 106 PAGE 2 EXHIBIT "I3" MAIN AND TEMPORARY EARLY VOTING POLLING PLACES, DATES, AND TIMES Early voting begins on October 22, 2007, and ends on November 2, 2007. THERE WILL BE NO WEEKEND EARLY VOTING. Early voting shall be conducted at the main or temporary branches on the days and during the hours specified below. Early Voting Locations Main/Temporary Branch Main Temporary Branch Temporary Branch Temporary Branch Temporary Branch Location Brazos County Courthouse Arena Hall Galilee Baptist Church Lincoln Center Memorial Student Center Earlv Voting Dates and Times Monday, October 22, 2007 through Wednesday, October 31, 2007 Thursday, November 1, 2007 and Friday, November 2, 2007 Monday through Friday Address 300 East 26 "', Suite 108 Bryan, Texas Tabor Road & North Earl Rudder Frwy Bryan, Texas 804 N. Logan Bryan, Texas 1000 Eleanor St. College Station, Texas A &M Campus College Station, Texas Last two days of early voting C-1 8:00 a.m.— 5:00 p.m. 8:00 a.m.— 8:00 p.m. CLC UVJYJ Prescribed by Secretary of State Sections 3.004, 3.006, 85.004 Texas Election Code 8/2004 ORDER OF GENERAL ELECTION (ORDEN DE ELEMON GENERAL) An election is hereby ordered to be held on November 6, 2007, in Brazos Count;, . for the purpose of Adopting or rejecting the proposed Constitutional Amendments as submitted by the 80th Legislature, Regular Session, of the State of Texas. (Una elecci6n se manda a efectuarse el 6 de Noviembre de 2007, en el Condado de Brazos, Texas por el prop6sito de Adoptar o Rechazar las Enmiendas Constitucionales propuestas tal como fueron submitidas por la 80th Legislatura, Sesi6n Regular, del Estado de Texas.) Early voting by personal appearance will be conducted at: (La votacion adelantada en persona se llevara a cabo de Lunes a Viernes en.) Brazos County Courthouse, 300 E. 26" St., Bryan Arena Hall, N. Earl Rudder Frwy and Tabor Road, Bryan Galilee Baptist Church, 804 N. Logan, Bryan Lincoln Center, 1000 Eleanor, College Station MSC, Texas A &M University, College Station October 22, 2007 — November 2, 2007 (el 22 de octubre de 2007 — el 2 de noviembre de 2007) Applications for a ballot by mail should be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a.) Karen McQueen, Count 300 E. 26th St., Ste. 120 Bryan, Texas 77806 -0111 Applications for ballots by mail must be received no later than the close of business on: (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse para elfin de las horas de negocio el.-) October 30, 2007 (el 30 de octubre de 2007) Issued this the � day of September, 2007. (Emitado este dia #-- de septiembre de 2007) Randy 'n" Brazos County Judge (Juez del Condado de Brazos) BRAZOS COUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY") and Junction Five -O -Five, a Texas non- profit corporation (hereinafter "JUNCTION "), EXECUTED as Independent Contract Agreement dated the 17"' day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement "); and WHEREAS, the COUNTY agrees to increase the pay to JUNCTION to the sum of two thousand twenty -nine dollars and eleven cents ($2029.11) per month, per site for a total monthly sum of twelve thousand one hundred seventy -four dollars and sixty -six cents ($12,174.66) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Precinct 1 Site located on Kathy Fleming Road Precinct 2 Site located on FM 2038 Precinct 3 Site located on State Highway 30 Precinct 4 Site located on Raymond Stotzer Pkwy (FM 60) Precinct 5 Site located on Mumford Road Precinct 6 Site located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this day of, CO JUNCTION FIVE -O -FIVE Randy S' s, County Judge Iris Woolley, Executive erector CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS SPACE AVAILABLE This Contract and Agreement is made and entered into by and between 4M Youth Services, Inc. a Texas Corporation, and Brazos County, acting by and through its duly authorized representative, as indicated by their signatures below. The effective date of this contract is September 1, 2007. The term of this contract is 12 months beginning September 1, 2007 and ending on August 31, 2008. WITNESSETH: Whereas, Brazos County, in order to carry out and conduct their juvenile programs in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for an act(s) of delinquency or act(s) indicating a need for supervision, during pre -trial and pre - dispositional status or in the post - dispositional treatment prescribed by the Court; Whereas, 4M YOUTH SERVICES, INC., is the owner and operator of a detention facility in Milam County, Texas ( "Facility "). Whereas 4 M YOUTH SERVICES, INC., which has been duly inspected and certified as being suitable for the treatment and detention of children; desires to make the Facility available to Brazos County for such use and purpose, and Brazos County desires to contract for the use of the facility. Now, therefore, the parties agree as follows: (1) The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so Brazos County / Rockdale Residential Contract Sao 43 U desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principle office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Brazos County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Brazos County shall remove at its expense all children placed in the Facility on or before the termination date. (2) 4M YOUTH SERVICES, INC., will provide room and board, supervision twenty - four hours per day, seven days per week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. (3) Brazos County agrees to pay the 4 M Youth Services Inc. the sum of $95 per day for each child, admitted under "Moderate" Level of Care and $125 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas Department of Protective and Regulatory Services. The daily rate shall be paid to the 4 M Youth Services Inc. for each day a child is in detention pursuant to billing and paying procedures agreed upon by Brazos County and 4M Youth Services, Inc. For children participating in sex offender treatment, the cost of the Offense Summary Polygraph, and the Sexual History Polygraph will be paid by 4M Youth Services at a rate of $175 per exam. Additional polygraphs required due to the child failing one or both of the aforementioned exams will be paid by Brazos County at a rate of $175 per exam. The cost is based on the projected actual cost of care for children in the facility. Payment is due within 30 days of receipt of billing. (4) If an emergency examination, EMS treatment, health care treatment, and/or Brazos County / Rockdale Residential Contract 2 al hospitalization outside the Facility ( "Outside Treatment ") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Brazos County. Brazos County agrees to indemnify and hold harmless 4M Youth Services, Inc., its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Brazos County of Outside Treatment within twenty -four (24) hours of its occurrence. (5) Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children from Brazos County may be denied if space limitations require as determined by the Facility. (6) A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Brazos County. (7) Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. (8) If a child is accepted by the Facility from Brazos County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department of Brazos County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Brazos County to provide for the transportation for the removal of the child. (9) 4M Youth Services, Inc., agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. Brazos County / Rockdale Residential Contract 3 (10) It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a certified copy of the Order of Discharge signed by the Juvenile Court of Brazos County or by the written authorization of the Juvenile Probation Department that originally detained the child. (11) It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of Brazos County pursuant to: (a) paragraph 8 of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile Court of Brazos County. (12) It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct 4M Youth Services, Inc., its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. (13) It is further understood and agreed by the parties that Brazos County is responsible for any damages caused by any child that Brazos County places at the Facility. (14) 4M Youth Services, Inc., will provide a written Individualized Treatment Plan developed in conjunction with the child and mutually agreed upon by appropriate facility staff and appropriate personnel from Brazos County within 30 days of placement. The treatment plan shall address areas within the domains of: (a) Medical (b) Educational (c) Socialization Brazos County / Rockdale Residential Contract 4 . 106 (d) Safety and Security (e) Mental/Behavioral Health (f) Parent and Child Participation (g) Recreational (h) Relationships (i) Permanency Plan (15) The Individualized Treatment Plan shall be reviewed jointly by the appropriate 4M Youth Services staff, the child, and the appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the treatment plan being made when indicated. (16) The Individualized Treatment Plan shall contain the reasons why the placement will benefit the child; shall specify behavioral goals and objectives being sought for each client; shall state how the goal and objectives are to be achieved while the child is in placement with 4M Youth Services; and shall state how the parent(s), guardian(s), and where possible, grandparents, or other extended family members will be involved in the Individualized Treatment Plan to assist in preventing or controlling the child's alleged delinquent behavior. The Individualized Treatment Plan shall provide Brazos County information which outlines the services provided to clients. These output measures may include, but are not limited to: (a) The average length of stay for residents. (b) The specific type of milieu implemented by the facility. (c) The average number of counseling hours provided to each resident on a daily, weekly, or monthly basis. (d) The number and types of reporting measures. Additionally, 4M Youth Services agrees to furnish the Brazos County Juvenile Probation Department the annual indicators which express the effectiveness of the facility in providing public benefit. These measurable outcomes will be submitted annually and may include: (a) The percentage of residents successfully completing the program Brazos County / Rockdale Residential Contract jp0°- 47 5 (b) The percentage of residents who are reunified with family or guardians. (c) The percentage of residents who do not re- offend, and /or remain in school for a designated aftercare period . (17) 4M Youth Services shall provide each child's Probation Officer with a written report of the child's progress on a monthly basis. (18) 4M Youth Services, Inc., will keep a record of all services provided to Brazos County under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Brazos County. (19) 4M Youth Services Inc. will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. (20) 4M Youth Services, Inc., will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. (2 1) Equal Employment Opportunity During the performance of this contract, 4M Youth Services, Inc., agrees it: (a) Will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 4M Youth Services, Inc., agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non - discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of 4M Youth Services, Inc., state that all qualified applicants for positions in Brazos County / Rockdale Residential Contract 6 F t a D 49, 0 the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (22) This Agreement contains the complete agreement between the parties concerning its subject matter, and it replaces all earlier agreements among them, whether written or oral, concerning its subject matter. (23) All documents identified in this Agreement as exhibits to the Agreement are hereby incorporated in the Agreement and made an integral part of it. (24) This Agreement shall be governed exclusively by the laws of the State of Texas. Venue for all disputes shall be the District Court of Milam County. All obligations of the parties are performable in Milam County, Texas. (25) Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. (26) The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. Brazos County / Rockdale Residential Contract 7 4M Youth Services, Inc. Brazos County 696 N. FM 487 1904 W Hwy 21 Rockdale, Texas 76567 Bryan, Texas 77803 (27) Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. (28) The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. (29) If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of this Agreement. (30) No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. (3 1) This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care by Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction. (32) This Contract is in lieu of all previous contracts or agreements both oral and written by and between 4M Youth Services, Inc., and Brazos County for these purposes. Any previous contracts are terminated, are null and void, and are of no further force or effect as of the date this contract becomes effective. (33) The covenants and agreements in this Agreement are binding on and inure to the Brazos County / Rockdale Residential Contract 8 benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. (34) 4M Youth Services shall adhere to all applicable state and federal laws and regulations pertinent to the facility's provision of services. (35) 4M Youth Services shall account separately for the receipt and expenditure of any and all state funds received from Brazos County under this contract. 4M Youth Services shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): (1) 4M Youth Services has an outside audit completed on a yearly basis which specifies the receipt and expenditure of State funds. 4M Youth Services shall forward a copy of the annual outside audit to Brazos County by March 1 following the end of the fiscal year. (2) If 4M Youth Services does not obtain an annual outside audit, then 4M Youth Services shall provide a separate accounting of funds received from Brazos County in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Brazos County and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Brazos County thirty (30) days prior to the renewal date of the contract. (36) "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to Brazos County / Rockdale Residential Contract 9 (op., �i cooperate is included in any subcontract it awards." (37) It is further agreed that 4M Youth Services will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by 4M Youth Services, its agents, servants or employees arising from activities under this contract. 4M Youth Services shall have no obligation to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. (38) It is understood and agreed by 4M Youth Services that this service provider contract is funded in whole or in part with grant funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. IN WITNESS WHEREOF, we hereunto affix our signature this 4 � day of F, 2007. Brazos County 4M Youth Services, Inc Probation Department Chief Juvenile Probation Officer By: Tia Garrett Facility Administrator Brazos Juvenile Board Chair Brazos County / Rockdale Residential Contract 10 i 0 a 5. STATE OF TEXAS § COUNTY OF BRAZOS s Gulf Coast Trades Center Residential Services September 1, 2007- August 31, 2008 This Agreement is entered into by and between the Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation ") and Gulf Coast Trades Center, licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Youth Commission, Texas Juvenile Probation Commission, and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2007, and ending August 31, 2008. It shall be automatically renewed for one year terms thereafter, commencing September I` and ending August 31 5` , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level i. Adequate fmctioning in all developmental and /or environmental areas; there may be transient difficulties. "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child: or ii. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. Pogo 1 of 14 lov 53 Gulf Coast Trades Center Residential Services Agreement September 1, 2007-August 31, 2008 B. Moderate Level i. Frequent or repetitive minor problems in one or more areas. may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff, or ii. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. C. Specialized Level i. Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24 -hour supervision by multiple staff in limited access setting. D. Intense Level i. Very severe impairment(s), disability or needs; consistently unable or unwilling to cooperate in own care; may be severely aggressive or exhibit self - destructive behavior or grossly impaired in reality testing, communication, cognition, affect, or personal hygiene; may present severe to critical risk of causing serious harm to self or others; needs constant supervision (24 -hour care) with maximum staffing, in a highly structured setting. E. Emergency Shelter i. Provide twenty-four (24) hour care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long -term living arrangement. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation. school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. Pate ? of 14 i ©o 5 Gulf Coast Trades Center Residential Services Agreement September 1, 2007-August 31, 2008 C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Placement Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the Placement Supervisor are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation's Placement Supervisor a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Placement Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. Page 3oJ14 ov ' 55 Gulf Coast Trades Center Residential Services Agreement September 1, 2007 - August 31, 2008 Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: I . Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. Page 4 (?f 14 Gulf Coast Trades Center Residential Services Agreement September I, 2007- August 31, 2008 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Business Manager or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and /or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Business Manager on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. Page -5 u f ' 14 100 ? 5 7 Gulf Coast Trades Center Residential Services Agreement September 1, 2007 - August 31. 2008 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Business Manager. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE V1 ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. Page 6 g1'14 160 6 K Gulf Coast Trades Center Residential Services Agreement September 1, 2007- August 31, 2008 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his /her return. To this end, Juvenile Probation agrees to pay Service Provider the fiill amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 6.06 Juvenile Probation is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 6.09 In accordance with §29.012(b)( I) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 6.10.1 If a client makes an unauthorized departure from the Service Provider, Juvenile Probation shall be notified immediately. If the client returns to the Service Provider within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Provider shall receive payment for those days the client was absent from the Service Provider, but not to exceed ten (10) days payment. Page 7 (?1' 14 Gulf Coast Trades Center Residential Services Agreement September 1, 2007 - August 31, 2008 ARTICLE VII EXAMINATION OF PROGRAM AND RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and /or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE Vlll CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or ne <,lect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency; pagc 8 ()J' 14 !6� 60 Gulf Coast Trades Center Residential Services Agreement September 1, 2007- August 31, 2008 B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823-4211 (ATTN: Chief Probation Officer). ARTICLE X DISCLOSURE OF INFORMATON 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee. prospective employee, child childcare provider, or parent on the basis of age, race, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. Page 9 of 14 fdb „ r91 Gulf Coast Trades Center Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. if Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be tenninated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 if at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. Puge 10 u f 14 1 DD �aZ Gulf Coast Trades Center Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 1 7.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's and Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement, B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, any County in the State of Texas, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and Page I I oO4 lob Gulf Coast Trades Center Residential Services Agreement September 1, 2007 - August 31, 2008 D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed wider and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Page 12 qJ 14 too (�`� s Gulf Coast Trades Center Residential Services Agreement September 1, 2007 - August 31, 2008 EXECUTED IN DUPLICATE for TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS Randy Sims, Ivunty Judge And Brazo ounty Juvenile Board Chairman Doug Vance, Pto, Executive Director Juvenile Services Department SERVICE AGENCY �Ld 44— Authorized ignature Ronald B. Rea PRINTED name of person signing this contract PRINT FACILITY NAME AND ADDRESS: Gulf Coast Trades Center 143 Forest Service Road #233 New Waverly, Texas 77358 PRINT BILLING NAME AND ADDRESS: Gulf Coast Trades Center 143 Forest Service Road #233 New Waverly, Texas 77358 PRINT NAME OF BILLING CONTACT PERSON: Linda Whitworth CPS LICENSING REPRESENTATIVE: Shaun Garrett Page: 13 u /7-1 Date 2 -0 Date 8/22/07 Date Interim Executive Director Title FACILITY TELEPHONE NUMBER: 936/344 -6677 BILLING TELEPHONE NUMBER: 936/344 -6677 FEDERAL TAX IDENTIFICATION NUMBER: 74- 1694949 CPS TELEPHONE NUMBER: 713 - 696 -8007 105 Gulf Coast Trades Center Residential Services Agreement September 1, 2007- August 31, 2008 EXHIBIT A BASIC LEVEL $37.00 MODERATE LEVEL $82.22 SPECIALIZED LEVEL $118.20 INTENSE LEVEL $207.62 EMERGENCY SHELTER $96.61 Pm e 14 oJ'14 /oa 6 J� M STATE OF TEXAS COUNTY OF BRAZOS Glen Mills Residential Services September 1, 2007- August 31, 2008 This Agreement is entered into by and between the Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation ") and Glen Mills, licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Youth Commission, Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2007, and ending August 31, 2008. It shall be automatically renewed for one year terms thereafter, commencing September 1" and ending August 31St , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level i. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every -day' -,worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or if. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. Potr I of 14 /00 67 21, Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 B. Moderate Level i. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff, or ii. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. C. Specialized Level i. Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24 -hour supervision by multiple staff in limited access setting. D. Intense Level i. Very severe impairment(s), disability or needs; consistently unable or unwilling to cooperate in own care; may be severely aggressive or exhibit self - destructive behavior or grossly impaired in reality testing, communication, cognition, affect, or personal hygiene; may present severe to critical risk of causing serious harm to self or others; needs constant supervision (24 -hour care) with maximum staffing, in a highly structured setting. E. Emereencv Shelter i. Provide twenty -four (24) hour care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long -term living arrangement. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. Page 2 of l 4 100 bg Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Placement Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the Placement Supervisor are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation's Placement Supervisor a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Placement Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: I . Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure`children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: I . Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re- referrals within six (6) months after release. 3. Percenta�-,e of children who move doNNn in their Level of Care. Page 4 ol 14 iOO 70 Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Business Manager or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and /or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can shove why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Business Manager on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. Pu,�e j u/ 14 �aG 71 Glen Mills Residential Services Agreement September 1, 2007 - August 31, 2008 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation. and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such finds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Business Manager. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confinned by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. P(w 6 cif 14 Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his /her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 6.06 Juvenile Probation is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 6.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 6.10.1 If a client makes an unauthorized departure from the Service Provider, Juvenile Probation shall be notified immediately. If the client returns to the Service Provider within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Provider shall receive payment for those days the client was absent from the Service Provider, but not to exceed ten (10) days payment. P(ui�(! - of 14 I W 73 Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE VII EXAMINATION OF PROGRAM AND RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and /or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE 1X DUTY TO REPORT 9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any, child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made. to all of the folloNving: A. Local law enforcement agency: Page 8 o f 14 00 —7 `L Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823 -4211 (ATTN: Chief Probation Officer). ARTICLE X DISCLOSURE OF INFORMATON 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of aoe, race, sex, religion. disability or national origin. Service Provider shall abide by all applicable federal. state and local laws and regulations. Page 9 of 14 !'d -73 Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof. or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (I 0) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the tern of this agreement Juvenile Probation, in its sole discretion. determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay. upon giving notice to the Service Provider. puge 10 (j, 14 /b0 �. ; 7 Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's and Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XV11I SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title S of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, any County in the State of Texas, or any political subdivision thereof, C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement: and Page l l n f 14 %�D 77 Glen Hills Residential Services Agreement September 1, 2007 - August 31, 2008 D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XXl VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Page 12 uJ 14 100 -7$ Glen Mills Residential Services Agreement September 1, 2007 - August 31, 2008 EXECUTED IN DUPLICATE [or TRIPLICATE — see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOSCOUNTY Randy Sims, County J ydge And Brazos Count_ uvenile Board Chairman Doug Vance, Ph , Executive Director Juvenile Services Department SERVICE AGENCY Authorized Signature PRINTED name of person signing this contract PRINT FACILITY NAME AND ADDRESS: — ihtia_ SzQ,.-,I,_ ��G V//07 Date K 2 - � -(0 � Date lL ';7 Date Title FACILITY TELEPHONE NUMBER: PRINT BILLING NAME AND ADDRESS: .,l —,k PRINT NAME OF BILLING CONTACT PERSON: r.� CPS LICENSING REPRESENTATIVE: BILLING TELEPHONE NUMBER: 5 —t- FEDERAL TAX IDENTIFICATION NUMBER: CPS TELEPHONE NUMBER: Poge 13 (?1'14 !©vz.,� a 79 } Av s 1 2-'i- �Ltl ' r ?- -4 9i' Glen Mills Residential Services Agreement September 1, 2007- August 31, 2008 EXHIBIT A BASIC LEVEL $37.00 MODERATE LEVEL $82.22 SPECIALIZED LEVEL $118.20 INTENSE LEVEL $207.62 EMERGENCY SHELTER $96.61 Page 14 (?/' 1-/ r� STATE OF TEXAS § COUNTY OF HAYS § CONTRACT AND AGREEMENT FOR SECURE LONGTERM AND SHORT -TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD and the County of BRAZOS hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the P day of September, 2007, through the 31" day of August, 2008 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre -trial and pre - dispositional status or in the post - dispositional treatment prescribed by the Court; and Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the placing County for such use and purposes and Hays County desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: I. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. II. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $93.00 per day for each space utilized in the Detention and Boot Camp (BC) program. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $95.00 per day for each space utilized in the Juvenile Intensive Treatment Program (JITP). The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $115.00 per day for each space utilized in the Sex Offender Residential Treatment program (SORT). This sum shall be paid to HAYS COUNTY JUVENILE BOARD pursuant to billing and paying procedures agreed upon by the contracting County and HAYS COUNTY JUVENILE BOARD. The per cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly. In addition to the rates agreed upon between the two parties, the placing County shall reimburse the Service Provider for expenditures made for medical care and dental care for children placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being made. If emergency examination, treatment and /or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and /or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty -four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE HAYS COUNTY JUVENILE BOARD agrees to provide a space if available at the time that the placing County requests the space. HAYS COUNTY JUVENILE BOARD will provide room and board; twenty -four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well -being of the child, and in the long -term to enhance the child's functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child /Family Case Plan. -2- IV. ADMISSION AND DISCHARGE Prior to transporting a child to the facility for short term- placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long -term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post- adjudication paperwork as stipulated by Texas Juvenile Probation Commission Standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing County of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least ten (10) calendar days notice before discharging a child except when the child is a danger to self or others. HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardian, custodian, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the Order signed by the Judge having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by the parties hereto that children placed in pre - adjudication care in the facility shall be removed therefrom by the appropriate authorities from the -3- placing County, or its agents, servants or employees at the expiration of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that possesses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. -4- 100 �3 VI. INDIVIDUAL TREATMENT PLAN Each child placed in long -term shall have a written Individualized Treatment Plan (ITP) developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and /or psychiatrist working with the child, and/or appropriate placing County personnel within thirty (30) days of placement. The ITP shall complement the Child /Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Probation Commission standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The ITP shall contain the reasons why the placement will benefit the child; shall specify behavioral goals and objectives being sought for the child; shall state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and shall state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's objectives contained in the ITP on a monthly basis. These reports are to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (f) Aftercare goals. VII. PERFORMANCE MEASURES Goals The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential. This development will be through provision of a safe, drug -free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. -5- Outputs The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: • Average length of stay of children in each program. • Average daily population of children in each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County will be performed by using the following outcome measures: • 80% of youth successfully completing their program. • 80% of youth report improved family communication/functioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least'' /2 educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. 0 100 85 VIII. RECORDS AND RECORDS RETENTION HAYS COUNTY JUVENILE BOARD will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as maybe requested by the placing County. HAYS COUNTY JUVENILE BOARD will make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Probation Commission, and the State of Texas and /or their duly authorized representatives. HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for three (3) years after the final payment or until any audit or the program has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. HAYS COUNTY JUVENILE BOARD shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on -site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or -7- sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts of omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action of the threat thereof. XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughout the term of this agreement covering, among other matters that the placing County shall desire, any and all damages and/or claims that might arise out of the placement of county children. Such insurance shall include, but not limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition. The Service Provider shall comply with minimum standards as put forth by the Texas Juvenile Probation Commission at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIII. ACKNOWLEDGEMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. In too $� The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. The parties acknowledge and agree that the Service Provider is under no obligation to accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. XIV. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof, in t THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu of all previous contracts or agreements by and between HAYS COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract becomes effective. Executed this the 4-�4- day of , 20 01, each copyhereof shall be considered an original copy for all p � oses. �t /� T Chairman, Hays County Juvenile Board Hays County Justice Center, Room 177 San Marcos, Texas 78666 Brett Littlejohn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 -10- Official A0orized to Sign i1CiV Sins Printed Name Title: 0-AA-It , 7n COUNTY 1r Official Authorized to Sign 0 V L4, V Printed Name Title: C14 UT -' J 4 fo Z Q-� COUNTY . 47�/ 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 q4, day of ��r r-, A.D. 2007 Karen cQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this ('� day of Lloyd Waise Commissioner Precinct #1 CAL- Duane C� . -� Peters, Commissioner Precinct #2 Kenny Mallard, mmission recinct #3 Carey Caule�, Commissioner Pr�cin� 44 Treasurer's Report for the MONTH of JULY 2007 C 0 C to cD m %D - %D (), 01 ()% �4 m ID r, 'r CD 00 " Pt m o m o o w w r, O:::::: r,:: N. N 'D C, . a, r, r4 CD Ln C-4 I b Ln Ln . v w Ln C� M - V* �4 'CI LIQ r.- w N O m N IR LA q - w r, t kq Ii ID n cq cIt � N V m Ln m v m N m r, w 'o Iq 4 m Ln Go in Co at M v: . . . . .. I'll v: a, oo r, IV W N t; r4 "I OD lie O r, O o m M v Go 14 r- a, o ID m o ai ID CO oo ri Iq a! ( R U P 2: 1011 01 ID Ol .W1 vi cD m N rj 'D r, 'D v 'D v a, Ln ci f, C! 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LU W LL, Z v) a Z Lu < o _j 6 z E3 ce LL 8 0 z se Zn Z Ly Ln in 2 z C) R < z Lu O�d uj M t; Lu zz z �R 1L. tn Lu u- o>i Z w x D 0 8 b @ z w Lu P. 0 w w 5 0 Lu z I Ci Ce 6 6 ce w E v) u, — Ln Ln — Lu z w z a. a- " w a. r c� 1. 1) a. 2� 2 Ci Ci uj 8 D 8 r4 Lu 8 U) 'd ON N c> I cD I c� o o cD N o o . cD 0 . . c> . 0 C� m 0 MIT 6 n cD 0 m m- cD o 0 o cD c�D, o L I - 10 w m "I N "I C41 m TITIT 52 C 0 C RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to extend Annual Contract for Mail Processing Service, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be in effect from October 1, 2007 through September 30, 2008. DeLucia Mail Service ."4 AuAiori d Signature BRAZOS COUNTY too �a Date Date August 28, 2007 Judge Randy Sims Brazos County Judge 300 E. 26th Street, Room 114 Bryan, Texas 77803 RE: Representation of Indigent Juveniles Dear Judge Sims: This letter will confirm our agreement wherein Patrick Gendron and Lane Thibodeaux (the "Contractors ") have agreed to contract with Brazos County, Texas, the Contracting Authority, (the "County ") to represent indigent juveniles in Brazos County pursuant to Proposal Request No. 2006 -036. The Appointing Authority is the committee of judges comprised of the 85th District Court Judge, 361" District Court Judge, 272nd District Court Judge, Judge of County Court at Law #1, and Judge of County Court at Law #2. TERM OF CONTRACT: The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1, 2007, and will cease to be appointed to cases after September 30, 2008, unless a new contract is entered into between the County and the Contractors before October 1, 2008. The Contract may be extended as provided in Proposal Request No. 2006- 036 "Procedures for Renewal of Contract ". This contract can be terminated upon thirty (30) days written notice by or to the County. SCOPE OF CONTRACT: Legal representation shall be provided as detailed in Proposal Request No. 2006 -036. Beginning on the start date of this contract, the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. MINIMUM ATTORNEY QUALIFICATIONS / STANDARDS OF REPRESENTATION: The minimum attorney qualifications shall be as specified in Proposal Request No. 2006 -036. The Contractors shall provide zealous legal services to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct. DURATION OF REPRESENTATION: The Contractors have the responsibility to complete all cases once representation is commenced during the term of the contract. SUBSTITUTION OF ATTORNEYS: The Contractors shall be substituted only according to the terms as specified in Proposal Request No. 2006 -036. CASELOAD LIMITATIONS: The maximum number hearings that each attorney is allowed to perform under this Contract is seventy (70) hearings per week. CONFLICTS OF INTEREST: The procedures for dealing with conflicts of interest as specified in Proposal Request No. 2006 -036 shall be followed. INVESTIGATORS AND EXPERTS / EXPENSES: Pursuant to Proposal Request No. 2006 -036, the Contractors will be solely responsible for all expenses associated with the representation of indigent juveniles to which appointed. There shall be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. COMPENSATION AND PAYMENT PROCESSES: The sum $ 153,000.00 is to be paid to the Contractors in twelve (12) equal installments of $12,750 on the 1St of each month beginning November 1, 2007, and continuing thereafter until October 1, 2008. Payment shall be made as specified in Proposal Request No. 2006 -036 according to the requirements of the Brazos County Auditor. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise specified by the Contractors. For cases assigned but not disposed within the term of the contract, the Contractors shall be compensated according to the regular schedule of fees for services provided to attorneys representing indigent juvenile clients. REPRESENTATION: The Contractors reserve the right to designate which attorney shall perform the various aspects of the representation of indigent juveniles. OTHER TERMS: Any other requirements of Proposal Request No. 2006 -036 that are not specifically noted in this Contract are incorporated into this Contract. APPROVED AND AGREED TO: Brazos Co ,Tex' By: Judge R dy P tr . G ndron lJ v -- Lane D. Thibodeaux l W-o Sims Date JA Date G Date W BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 4, 2007 ITEM: Request from Wickson Creek Special Utility District to construct two (2) road bores for water line installations in the right of way of Harris Lane approximately 1,724 ft. and 1,874 ft. southwest of FM 2038. 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 I ) 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: Si)BM BY: VED BY: l G.� Richard F. Vance, P.E. �. Commissioner Duane 5e rs County Engineer � Precinct 2 ('('07-08'1 This Re quest is App / Denied 11 b Commissioners' Court Date: 9 _ I ��k/�Y'l% i y Randy Sims; County Judge I�0 R5 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 Syecial.Utility District proposes to place a (type) water line within across X the right -of -way of (road) Harris Lane 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. Two crossings to be installed (See attached sheet 119). Crossings will be 1,724' and 1,874' southwest of FM 2038. Crossings will be bored and cased. 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 15th day of October. 2007 1J R Firm: Wickson Creek SUD By: Kent Watson Title: General Manager Address: P. O. Box 4756 Bryan, TX 77805 Phone: 979 -589 -3030 APPROVED BY COMMISSIONERS' COURT: Date Randy Sims, Co 4y Judge Brazos Count)(, Texas 02/06 rob q (n i�11111111 ©11111111 011111111 �r CD q> m� 2 zo o I 0 rr m K M CD � z0 m r m x cn Z m W O 0 wterl uw - m. mw I I Rp E 3 I pie PF � t�► it as $� _.$ n 1 � I S y�k. Yt 1 binp ti I RI ci F- s O (OD I v t 1 1 N •A 00 hO1 b 6 �zk o � I N I hz I �$ YATLH I1N[ 6fA. 116hL0 R E 'F �v_ .. a7 'i r BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 I)A '1'1: OF COt1RT MEF. 'PING: September 4, 2007 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Harris Lane at its intersection with FM 2776. 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 I ) 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: SU13M TT' :D BY: Richard F. Vance, P.f. County Engineer CC07 -082 This Request Date: VED •� — - Commissioner Duane Peters Precinct 2 i V' Denied ❑ by Commissioners' Court County .ludge C 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) water line within across X the right -of -way of (road) Harris Lane 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. One crossing to be installed adjacent to right-of-way of FM 2776 (See attached sheet C2). Crossing will be bored and cased. 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 15th day of October, 2007 fif o� J' APPROVED BY COMMISSIONERS' COURT: Date Randy Sims, unty Judge Brazos Cou y, Texas Firm: Wickson Creek SUD By: Kent Watson Title: General Manager Address: P. O. Box 4756 Bryan, TX 77805 Phone: 979 -589 -3030 02/06 I /, IvD �� {\(too F)", \\ 100 c \ x <- { +� i ! §w I\ )� }z \� §§z _ ;§ $ _ \)E §6i 2�3 k\\ MINING 1111 �Ilie 1111 � ( :| ! . � � •( �§ , y \2 � �\ . � ®� " g \ � �\ \\ I � \ � o o .j . . � oo § � � 00+a i \ � | �- 4■{ � f ! ! i ` � a � ( / — r <, ! , � � I - {\(too F)", \\ 100 c \ x <- { +� i ! §w I\ )� }z \� §§z _ ;§ $ _ \)E §6i 2�3 k\\ MINING 1111 �Ilie 1111