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HomeMy WebLinkAbout2007-09-11-9:00AM-REGULAR� , . ' %.o/ BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT 5P THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 11 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 — Judge Sims. 2. Call for citizen's input and/or concerns. 3. Update from the District Clerk on the processing of Jury Services payments. Consider and take action on agenda items 4 — 22: 4. Budget Amendment 06/07 -44.1 thru 06/07 -44.7. 5. Personnel Change of Status. 6. Payment of Claims. 7. 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 (previously tabled). 8. 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 (previously tabled. 9. Authorization to change TCDRS plan provisions for Plan Year 2008. Office of the County Judge • 300 East 26`h St. • i SUitte 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503 !.V,!,. �1 Commissioners Court Agenda 11 September 2007 Page 2 10. Renewal of the "Comprehensive Underage Drinking Enforcement Program" grant agreement with the Texas Department of Transportation. Grant period is 10/01/2007 through 9/30/2008. 11. Renewal of the contract with Dr. Rany Cherian, M.D. for medical services for inmates in the Brazos County Jail and the Brazos County Juvenile Detention Center. 12. 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. Brookhaven Youth Ranch c. Pegasus Schools, Inc. b. Incentives d. Shoreline, Inc. 13. Request from Risk Management for the issuance of a credit card to the Risk Management Department, to be used exclusively for: a. online background checks as requested by Human Resources, department heads and elected officials; and b. online Safety and Human Resources training programs and teleconferences. 14. Tax Refund Applications for the following: a. Jay Patrick Morgan b. Brian D. & Michelle L. Hoelscher 15. Request from the Sheriff's Office for addition of the following position in the FY08 Budget: Title: Secretary CLEAR Team Class 4455, Position 1, Group 13, Step 2 16. Request from the Justice of the Peace, Pct. 3 Office for reimbursement from the Justice of the Peace Technology Fund for the following items to be used in administering the Magistrates' warnings: a. 3 DVD packages of 100 @ $29.02 each $ 87.06 b. 3 Samsung DVD/VCR combos @ $193.51 580.53 Total Request $ 667.59 17. Request from Verizon Communications to construct road bores at five (5) locations in the right of way of Standing Rock Road and two (2) locations in the right of way of Mesquite Meadow Lane for buried cable installations. All locations are part of Standing Rock Ranch Subdivision; site is located in Precinct 2. 18. Adoption of the Budget for the fiscal year ending 30 September 2008. 19. Resolution 07 -015 levying a tax rate for Brazos County for the tax year 2007. ioO c3 5 Commissioners Court Agenda 11 September 2007 Page 3 20. Payment Authorization from the Information Technology Department in the amount of $233.94 to Laser Saver, Inc. for the purchase of Inkjet cartridges. The purchase order was closed before the invoice was paid. 21. Payment Authorization from the Information Technology Department in the amount of $1968.75 to The Software Group for modifications made to the County's Judicial software. A purchase order was not obtained in advance. 22. Payment Authorization from the District Clerk's Office in the amount of $3144.80 for juror payment forms and envelopes needed for compliance with SB 560. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. 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. too �. i COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 11, 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 11, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; 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. The County Judge gave the invocation and then led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Karen Hall a) Assuming the Bond Issue passes, she asked if just a small portion of the jail would be considered for drug rehab. She is willing to do research on the costs associated with this. She knows of places that are already doing this. The next matter was an update from the District Clerk on the processing of Jury Services payments. Marc Hamlin, District Clerk informed the Court that they had 310 jurors Vol 100 Page 13-7 Commissioners Court meeting September 11, 2007 2 last week and he reported that over $800.00 had been donated to Scotty's House after just one week of implementing the new option. He went on to say that SB 560 is an unfunded mandate that will cost the county about $1,800 per week to pay jurors. The County Judge thanked him for taking on this project. The Court next considered Budget Amendment #06/07 -44.1 through 44.7 that would reallocate funds for the Metropolitan Planning Organization, Risk Management, Capital Projects - Commissioners Court, Magistrate, Clear Team; and transfer funds from Contingency to Commissioners Court, Clear Team, Commissioner's Court; and increase the both revenue and expenditure for the Chapter 19 State Fund,, On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, 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: 7041223 through 7041417 Vol ( 0o page 13 cap Commissioners Court meeting September 11, 2007 3 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of an Amendment to the Brazos County OSSF Order adopting rules of Brazos County, Texas for on- site - sewage - facilities. Commissioner Peters was concerned about item number 2 on the amendments that states "The Homeowner holds a TCEQ (Texas Commission on Environmental Quality) Class D or higher Wastewater Treatment license ". He then asked if the homeowner would have to renew that license every two years. At this point, the County Judge asked for a motion. Commissioner Peters moved to approve the Section 10 Amendments. Commissioner Cauley seconded the motion. A copy is attached. The Court resumed discussion about renewal of the license for the homeowner, cost of the renewal and the lack of classes available to gain the certification required by the state. There was much discussion on ways to reword the amendment once the license is obtained to include that no further education or cost would be required. Commissioner Peters then moved to amend his motion to allow Court Counsel to work with the TCEQ on the wording of the amendment. There was no second to this motion. There was discussion on the effective date. The Vol 100 Page 13� Commissioners Court meeting September 11, 2007 4 Legislature set September 1, 2007 as the effective date of the law but since that date has passed what recourse does the homeowner have to get the training and certification. Commissioner Peters then moved to amend the wording of the amendment to include the following amendment: "The homeowner obtains a certificate of completion from the TCEQ approved course meeting the training requirements for registration as a OSSF maintenance provider." And then also include the statement about no additional fees or education would be required. Have Bill Ballard, Court Counsel take the document to the TCEQ for their approval or rejection. Don Richie next suggested that there be a ninety day moratorium included in the amendment in order to allow the homeowner time to get the training and become licensed before enforcement of the law began. Then the .discussion was back to, how long does the homeowner have to get a license and where to get the training. Commissioner Peters said the homeowners' provider could provide training. When asked where one might get training, Don Plitt with the Health Department said that three or four classes were offered per year at different locations in the state. Commissioner Cauley asked it they could be held in Brazos County. Then the question was who do we ask and what is the cost Vol f o0 Page 140 Richard Vance, County Commissioners Court meeting September 11, 2007 5 Engineer asked how many in Brazos County will be affected by this new law. Don Plitt answered that there were 5,000 aerobic systems in the County. It was next brought up that if a homeowner was trained before September 1, 2007 then they still may qualify under the new law. Of course a certificate of completion would be necessary to prove they had the training. Again it was questioned as to where to get the training and Commissioner Peters restated that the professional maintenance providers could train. Richard Vance asked what must installer supply to meet compliance in this county. Mr. Plitt responded that a Certificate of Completion would be necessary. The County Judge asked Bill Ballard, Court Counsel, what liability the County would have if we delay. Mr. Ballard said the Court is free to have a moratorium but, if a septic system is failing, the health department can pursue that. Commissioner Mallard then moved to have the effective date be December 1, 2007. Commissioner Peters seconded the motion. After more discussion Commissioner Peters said that the effective date is September 1, 2007, but they will not go after a non compliant homeowner. If you make December 1, 2007 the compliance date it will give the home owners time to comply with the law. Commissioner Mallard then withdrew his motion to have December 1, 2007 be the effective Vol 100 Page M Commissioners Court meeting September 11, 2007 6 date. Bill Ballard, Court Counsel, said the Court could ask the County Attorney's office to not enforce until January 1, 2008. They will not pursue until January 1, 2008 and will expect all certificates to be on file by that date. The County Judge stated that a vote was needed. The motion made by Commissioner Peters and seconded by Commissioner Cauley to approve the Section 10 Amendments to the OSSF. The Court voted unanimously to approve. Commissioner Mallard then directed the County Attorney's office to grant a 90 day moratorium and direct the Health Department to notify home owners using OSSF. The Court then voted on the original motion by Commissioner Peters and seconded by Commissioner with the inclusion of the amendment (attached) drafted by Commissioner Peters and forward it to the TCEQ for approval. The Court next considered approval of the Final Plat of Meadow Creek Subdivision Phase 2 and Phase 3 with right -of -way dedication of 0.029 acres located in Precinct 1. Bill Ballard, Court Counsel, said the case had not moved forward in County Court so he recommended approval as submitted. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Meadow Creek Subdivision Phase 2 and Phase 3 with right -of -way dedication of 0.029 acres as submitted. Vol too _. 4% L Commissioners Court meeting September 11, 2007 7 The next matter before the Court was consideration of changes to the TCDRS plan provision for Plan Year 2008. Commissioner Peters moved to adopt a 50% CPI increase for retirees and adapt the county's contribution rate as 11.800. Commissioner Cauley seconded the motion. Currently the fund is 85 -86 percent funded and we are getting closer to 100 percent funded. The County Judge asked what the 15 percent unfunded amount was whereupon the County Auditor replied that it was $10,000,000 short as of today. A total of $66,000,000 is funded. The County Judge called for a voted. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye ". The County Judge voted no saying that he would rather see the funds be applied to reducing the unfunded amount than be given to the retirees. The motion carried. A copy of the authorization to change TCDRS Plan provisions is attached. The Court next considered the re- approval and execution of the "Comprehensive Underage Drinking Enforcement Program" Grant Agreement with the Texas Department of Transportation. This program will deter licensed establishments from selling or making available alcoholic beverages to underage persons. The grant is funded 50.98 percent with Federal Funds and Brazos County will fund 49.02 percent of expenses as a match. The budget, performance goals and indicators will change Vol jI 0 o Page3 Commissioners Court meeting September It, 2007 8 slightly from the current fiscal year.'s budget. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to re- approve the grant application and authorize the County Judge to execute the document on behalf of Brazos County. A copy of the grant agreement is attached. The next matter before the Court was approval of a Contractual Agreement for medical services between Brazos County and Dr. Rany Cherian, M.D. for medical services provided to inmates of the Brazos County Jail and the Juvenile Detention Facility. The cost to Brazos County will be $3,750.00 each month services are provided, $525.00 for consultation each month services are provided, and Annual fee of $3,000 for liability insurance, administrative fee of $2,500.00 and an additional insurance fee of $3,000.00 to be paid on December 15th of the contract year. This is an increase of $5,400.00 over the previous year's contract. The term of the contract is for twelve (12) months commencing on October 1, 2007 and terminating September 30, 2008. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Dr. Rany Cherian. A copy of the contractual agreement is attached. Vol 100 Page 144 Commissioners Court meeting September 11, 2007 9 The Court next considered the renewal of contracts for Juvenile Residential Services with the following facilities: a. Brookhaven Youth Ranch Basic Level $37.00 per /day per /child Moderate Level $82.22 per /day per /child Specialized $118.20 Intense Level $207.62 Emergency Shelter $96.61 b. Incentives Basic Level $37.00 per /day per /child Moderate Level $82.22 per /day per /child Specialized $118.20 Intense Level $207.62 Emergency Shelter $96.61 c. Pegasus Schools, Inc. Basic Level $37.00 per /day per /child Moderate Level $82.22 per /day per /child Specialized $118.20 Intense Level $207.62 Emergency Shelter $96.61 d. Shoreline, Inc. Basic Level $37.00 per /day per /child Moderate Level $82.22 per /day per /child Specialized $118.20 Intense Level $207.62 Emergency Shelter $96.61 on motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to renew the previously mentioned contracts. A copy of each is attached. The next matter before the Court was consideration of a request from Risk Management for the issuance of a credit card Vol 100 _- Commissioners Court meeting September 11, 2007 10 to the department to be used exclusively for the following uses: a. online background checks as requested by Human Resources, department heads and elected officials b. online Safety and Human Resources training programs and teleconferences. The County Auditor asked what limit to set for the card. She then reminded the Court of the credit card policy of paying before the due date to avoid finance charges. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. Commissioner Mallard will work with Mr. Jeanes to propose a budget for this item. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Jay Patrick Morgan, over payment $3,233.82 b. Brian D. & Michelle L. Hoelscher, over payment $ 20.78 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was consideration of a request from the Sheriff's Office for the addition of the following position in the fiscal year 2008 budget: Title: Secretary CLEAR Team Vol (00 Page /467 Commissioners Court meeting September 11, 2007 11 Class 9955, Position 1, Group 13, Step 2 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court then considered a request from the Justice of the Peace, Precinct 3 Office for reimbursement from the Justice of the Peace Technology Fund for the following items to be used in administering the Magistrate's warnings: a. 3 DVD packages of 100 @29.02 each $ 87.06 b. 3 Samsung DVD /VCR combos @193.51 $580.53 Total Request $667.59 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered the request from Verizon to construct road bores at 5 locations in the right -of -way of Standing Rock Road and 2 locations in the right -of -way of Mesquite Meadow Lane for buried cable installations. The sites are located in Precinct 2 in the Standing Rock Ranch Subdivision. 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 Verizon and authorized the installation. A copy of the request is attached hereto. Vol l0 0 Page I q-7 Commissioners Court meeting September 11, 2007 12 The next matter before the Court was the adoption of the budget for fiscal year ending September 30, 2009. The Court proceeded to consider the following proposed amendments to the budget: 1. Commissioners Court - to increase the Administrative Assistant Temporary position from $24,952 to $43,269. An increase of $18,317.00 to the budget. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the change. 2. Budget Office - To reclassify Budget Officer from Salary -Staff to Salary- Department Head. No increase to the budget. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the change. 3. Community Support - to increase the budget to provide $25,000 for the George Bush Library. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the change. 4. Juvenile Services - Academy - to increase the budget to provide $540 for copier maintenance. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the change. 5. Information Technology - to increase the budget to provide $100 for janitorial supplies. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes. 6. General Fund and General Capital Improvement Fund - to increase the budget by $200,000 for fans for the Pavilion and Covered Arena at the Expo Center. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes. Vol loo Page 14g Commissioners Court meeting September 11, 2007 13 7. District Clerk - to increase the Chief Deputy salary and the related benefits from $45,295 to $56,567 which will increase the budget $11,272.00. This will reclassify the position to a Group 20, Step 11. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes. 8. Sheriff- Jail•Administration - to increase the budget for physician services from $45,000 to $50,500. this increases the budget by $5,500.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes. 9. Justice of the Peace, Precinct 1 - to increase the budget by $4,200 for janitorial services. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes. 10. Constable, Precinct 1 - to increase the budget by $3,300 for janitorial services. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes. 11. Emergency Management - to increase the budget $256, from $10,384 to $10,640 for the County's portion of the salary increase for the CEOC staff assistant. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes. 12. Justice of the Peace, Precinct 1 - to increase the budget by $1,740 for lease of copier. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes. 13. General Fund and General Capital Improvement Fund - to increase the budget by $40,000 for a metal panel extension on the south end of the covered arena at the Exposition Center. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the changes. Vol Io0 Page 10 Commissioners Court meeting September 11, 2007 14 14. Brazos County Grant Fund - to adjust budget for MPO to reflect correct salary and related benefits with no change to the total appropriated for the year. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the changes. 15. Brazos County Grant Fund - to decrease the budgeted transfers from the General Fund by $36,181 to $25,858 decreasing the county required matching funds and related salary and benefits for TJPC - Salary Supplement Grant. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes. 16. County Attorney - to move $37,813 from hourly -staff to hourly -law enforcement to properly account for the expenditure. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes. 17. Justice of the Peace, Precinct 2, Place 1 - to move $11,528 from hourly -staff to hourly -part time to properly account for expenditure. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes. 18. Juvenile Services - to decrease the budgeted use of fund balance by $51. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the changes. 19. Sheriff Crime Fund - to add position Secretary of CLEAR Team Class 4455 position 1 Group 12, Step 2 in the amount of $32,036.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes. 20. Health & Life Fund - to increase the Health and Life fund expenditures and revenues by $320,400 due to increase in claims history and more information due to the passage of time. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes. Vol 100 Page I50 Commissioners Court meeting September 11, 2007 15 21. General Fund and General Capital Improvement Fund - to increase the amount budgeted for purchase of land for future expansion by $500,000. Commissioner Peters moved to approve. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye ". The County Judge voted "No ". The motion carried. 22. General Fund and General Capital Improvement Fund - to increase the budget for removal of asbestos in the County Administration Building by $60,000. On motion by the,County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the changes. 23. General Fund and General Improvement Fund - to increase budget for boring from the Maxwell Center to the County Administration Building by $20,000. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget for fiscal year 2008 to include all of the amendments. The next matter before the Court was consideration of Resolution 07 -015 Levying a Tax Rate for Brazos County for the tax year 2007. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this from the agenda. The County Judge said the resolution will be on the agenda of the Commissioners Court meeting scheduled for 6:00 p.m. on September 18, 2007 at the Brazos Center. Vol 100 Page /!5/ Commissioners Court meeting September 11, 2007 16 The Court next considered a payment authorization from the Information Technology Department in the amount of $233.94 to Laser Saver, Inc. for the purchase of Inkjet cartridges. The original purchase order was closed out before the invoice was paid. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization from the Information Technology Department in the amount of $1,968.75 to The Software Group for the purchase of software enhancement. A purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization from the District Clerk's Office in the amount of $3,144.80 to Associated Printing and Graphics for the purchase of juror payment forms and envelopes. A purchase order was not obtained in advance. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. Vol 166 page ADO - Commissioners Court meeting September 11, 2007 17 Under citizen input and /or concerns the following spoke: Sheriff Kirk a) The jail population was at 508 last night. The electronic monitoring is working well. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He had a phone conference yesterday on high speed rail. Brazos County will host the next meeting in November. County Judge a) He read aloud the posting for a workshop on Brazos Valley Regional Interoperability which will be September 11 -12, 2007 There being no further business to come before the Court, the meeting was adjourned. Vol 100 Page 153 The foregoing minutes of the Commissioners Court meeting held September 11, 2007 have been examined and are approved in open it Court this the 2 day of 324 ar 20(,7, in Bryan, Brazos County ,.Texas. Randy S' s Count Judge Duane Peters Commissioner, Precinct 2 Carey C uley, Jr. Commis 'over, Precin 4 Attest: Karen McQueen County Clerk Lloyd 'Wassermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol /00 Page 15 � I'g I u f 4 BRAZOS COUNTY COMMISSIONER'S COURT AY OF C.� G AP Name (PLEASE PRINT) Now bvMW Organization (PLEASE PRINT) S'hAd ' 50 t's cxtoa, (3 tc�- 6 Q:�% /-�, L' i�I�th va `00 PAUL l5 Name (PLEASE PR Ng Z of `% B RAZOS COUNTY COMMISSIONER'S COURT )4 DAY OF 20 e);7 i b v AM /I �?e l� v , / J Organization (PLEASE PRIN ) C, A i S VC rM a pg 3 of 4 BRAZOS COUNTY COMMISSIONER'S COURT `'`t DAY OF 920 0-7 q, o AM /M49 Name 1 PLEASE PRINT) Organization (PLEASE PRINT) CA- �' S'd I� 3c� &V� Sv Ng 4 of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 920o,7 AM /PSI, A44f�� Name (PLEASE PRINT) Organization (PLEASE PRINT) S� Z - z 1 � 4-- q BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-44.1 thru 06/07 -44.7 On this the 11 b 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 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 11 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 11`h day of September 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: C - 3 Ran Sims, County Judge l t Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.1 9/11/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 424100 60600000 CR Office Supplies 4,004.00 3000 424100 67670000 DR Printers 4,004.00 MPO: To reallocate funds for the purchase of a plotter . Prepared by:. fd° 1b, fi BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.2 9/11/2007 K ACCOUNT NAME 1 1 1 11 11 • ` 111 ' • _ . • __ 11 1 1 1 11 11 11 • •:1111 Training 11 11 1 11 11 11 • 111 �� • • ment - Electronic 11 11- too _ ip BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.3 9/11/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 2,000.00 0100 11000100 61010000 DR Advertising -Legal Notices 600.00 0100 11000100 61110000 DR Conference & Seminar Fees 500.00 0100 11000100 61801000 DR Travel 900.00 Commissioners' Court: To move funds from the County's Contin enc v for the expenditure of advertising and conferences that will be incurred by the De artment. 'VOL � � �'��i 160 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.4 9/11/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3201 282200 61120000 28220700 CR Confidential Funds 8,700.00 3201 282200 67286000 28220700 CR Equipment - Other 4,000.00 3201 282200 67203000 28220700 DR I Minor Computer Hardware 4,700.00 3201 282200 80286000 28220700 DR Equipment - Other 6,500.00 3201 282200 65320000 28220700 DR Equipment - Maintenance 1,500.00 CLEAR Team: To reallocate budget based on the a roved CJD budget request #3 dated 8/31/2007. Pr pa 40 fd; ton C� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.5 9/11/2007 t 160 t (o 4 • State- :1 11 11 • 1111 �� Conference •1 11- :1 Chapter Fund: t 160 t (o 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.6 9/11/2007 FD DIV ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease 4500 63000500 67286000 CR Equipment - Other 1,500.00 4500 63000500 67050000 DR Appliances 1,500.00 Capital Projects - Commissioners' Court: To reallocate funds for the purchase of a commercial washer and a dryer for Exposition Center. Prepared By fd Date: 9/6/2007 Department Approval Date "ounty JudgwApproval Date 100 (�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 44.7 9/11/2007 FD DIV ACCT PROJ DR/CRj ACCOUNT NAME Increase Decrease 0100 22600100 59100000 CR IDDEA 1,461.00 0100 22600100 67342000 DR IFumiture 1,461.00 To reallocate funds for the purchase of furniture. I I Prepared By: fd Dater 9/7/2007 Department Approval Date Date bb PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 11, 2007 Department Providing Information: Human Resources Purpose: Consider and Take Action on Change Reque: Department Submitting Request(s) Employee Name Action Requested County Auditor Gillaspy, Kayla Resignation District Atty. Baker, Brian M. Salary Increase Brick, John L. Salary Increase Carter, Melissa A. Salary Increase Comte, Kara S. Salary Increase Crenshaw, Cory J. H. Salary Increase Hilburn, David G. Salary Increase Howell, Douglas Salary Increase Parson, Jarvis Salary Increase Phelps, Shane Salary Increase Price, Brian Salary Increase Smith, Danny W. Salary Increase Thomas, Raymond Salary Increase District Clerk Kuykendall, Holly Resignation Sif ientez, Kristi New Hire Juvenile Services O'Conner, Kevin New Hire Reyes, Christina G. New Hire S.O. /Jail Bradley, Lawonder Transfer within Dept. Mitchell, Cameron Transfer within Dept. Tax Office Zito, Dianne M Approved in Commissioners' Court: Septemb County Judge's or Commissioner's Signature: (This copy to be attached to minutes) Termination SECTION 10. AMENDMENTS L. All Secondary Treatment systems in Brazos County require maintenance contracts which must be submitted thirty (30) days prior to the previous contract's expiration date to the Brazos County Health Department. Any "testing and reporting" required by these rules or rules of the Commission must be submitted to the Brazos County Health Department no later than fourteen (14) days after the date of testing. M. Maintenance of On -Site Sewage Facilities with Secondary Treatment shall be conducted by a TCEQ registered maintenance provider, unless: The OSSF using secondary treatment is located at the homeowner's residence, which is a single family dwelling, and: 1) The Homeowner is a TCEQ registered maintenance provider, or 2) The Homeowner holds a TCEQ Class D or higher Wastewater Treatment license, or 3) The Homeowner has been trained by an installer or manufacturer according to the requirements of HB 2510 [79(R)] prior to adoption of HB 2482 [80(R)]. 4) The homeowner obtains a certificate of completion from the TCEQ approved course, meeting the training requirements for registration as a OSSF maintenance provider. ** Effective date for this Section 10 amendment is September 1, 2007. APPROVED: Sims, County Judge date ul nua. J4. L1)UI 10;..'y :1 °d .h ':ia ^d. ?r..,t QRDEA AD_QPTItJ R1JIJI 5_a-HR , S COMM-TEXAS v FUR O - 1TF. S MA MAOIAM PR . MI3LE WHEREAS, the Texas Natural Resource Conservation commission 1135 established Design Criteria for on -site sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and WHEREAS, the Legislature has enacted legislation, codified as Texas Ncalth and Safety Code, Chapter 366, which authorizes a local government to regulate the use of on• site sewage disposal facilities in its jurisdiction in order to abate or prevent pollution, or injury to public health arising out of the use of on -site sewage facilities; and WHEREAS. due notice was given of a meeting and public hearing to determine whether the Commissioners Court of Brazos County, Texas should enact an order controlling or prohibiting the installation or use of on -site sewage facilities in the County of Brazos, Texas; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there preserttod were considered by the Commissioners Court of Brazos County, Texas; and WHEREAS, the Comtnirsionem Court of Brazos County, Texas rinds that the use of on -site sewage facilities in Brazos County, Texas is causing or may cause pollution, and is injuring or may inure the public health; and WHEREAS, the Commissioners Court of Brazos County, Texas has considered the matter and deems it appropriate to enact an Order adopting Rules regulating on -site sewage facilities to abate or prevent pollution or injury to public health in Brazos County, M' Texas. ! NOW, THEREFORE, BE IT ORDERED BY THE COMISS1ONERS COURT OF BRAZOS COUNTY, TEXAS: SECTION 1. THAT the matters and facts recited in the preamble hereof are hereby found and determined to be true and correct; SECTION 2, THAT the use of on -site sewage facilities in Brazos County. Texas is causing or may cause pollution or is injuring or may injure the public health; SECTION 3, THAT an Order for Brazes County, Texas be adopted entitled "On -Site Sewege Disposal," which shall road as follows: AAn Adepuq redo of AP.S a Snow POE* 10/4 AU(). i4. ZV:1 59w,71 b urty N e a tC Uera trr,e SECTION 4, CONFLICTS. All Orders or parts of the Orders of Brazos County, Texas not consistent with or in conflict with the provisions of this Order are hereby repealed. SECTION S. ADOPTING CHAPTER 366. The County of Brazos, Texas clearly understunding the technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, does adopt and will fully enforce Chapter 366 of the Texas Health and Safety Code. SECTION 6. AREA OF AMISDICTION. The Rules, as hereinafter defined, shall apply to all the areas lying in Brazos County, Texts, except for the area regulated under an existing Rule and the areas within incorporated cities; these Rules shall also apply to those incorporated cities that have executed intergovernmental contracts with Brazos County, Texas. SECTION 7. ON -SITE SEWAGE FACILITY RULES. Any structure discharging sewage into an on -site sewage facility within the jurisdictional area of Brazos County, Texas must comply with the Rules adopted in Section 8 and 10 of this Order. SECTION S. ON-SITE SEWAGE FACILITY RULES ADOPTED. The Rules ("Design Criteria For On -site Sewage Facilities" Texas Administrative Cade 30 TAC 285.1 — 285.91) attached hereto, promulgated by the Texas Natural Resource Conservation Commission for on -site sewage systems are hereby adopted, and all officials and employees of Brazos County, Texas, and its Designated Representative, as hereinafter defined, having duties under said Rules are authorized to perform such duties as are required of them under said Rules. SECTION 9. INCORPORATION BY REFERENCE. 'rho Design Criteria and all future amendments and revisions thereto are incorporated by reference and are thus made a part of this Order. A copy of the current Design Criteria is attached to these Rules as Appendix t, Ordef Adopwrg ANIQ 010 -Sht Sewnjs / Patt1 of 6 ".A a � 170 • [4, 2 .y'Q - .% ^. SECTION 10. AMENDMENTS. The County of Brazos, Texas, wishing to adopt more stringent Rules for its On- site Sewage Facility Order, understands that the more stringent conflicting local rule shall take precedence over the corresponding Texas ?natural Resource Conservation Commission requirement. Listed below are the more stringent Rules adopted by Brazos County Texas, which hereinafter will be included with in the definition of "Mules" in this Order: A. Definitions. I. "Illegal On -Site Sewage f=acility" means (i) an on -site so.w7ge facility installed after September 23, 1975 without a permit front the District; (ii) a malfunctioning system; or (iii) an on -site sewage facility that is not being properly maintained. 2. "License" means a permit to operate issued after 1975 by the District. 3. "Registered System" means an on -site sewage facility installed before September 1.975, after which time Brazos County began regulating On- Site Sewage Facilities in the County. Registered Systcros are grandfathered in these Regulatiom, as long as they do not pose a health and safety concern to the residents of Brazos County, B. Ten-Acre Non - Exemption Rule. A License is required regardless of the size of the acreage to be serviced by the on -site sewage system. C. Transfer of Title' transfer of ow-ncrship, the new owner shall be required to transfer the License into his/her name. A fee will be collected, a surface inspection will be conducted and a letter issued. If such transfer is between the home builder /contmactor and the first occupant of the home, no transfer fee shall be collected. If on transfer it is determined that the system is an Illegal On -Site Sewage facility, a new on -site sewage facility will be required to be installed according to state and local standards. A license shall be required for the issuance of A Certification fetter to a lending institution on systems installed after 1975. D. Minimum Lot Size. The minimum lot size for all on -site sewage facilities installed after the date of this Order, must be at least one acre in size or the application for a license for such system must be accompanied by a site, specific plan stamped by a registered professional engineer or professional sanitarian. • E. Non- ResideadAl Permits Non residential facilities with an expected Biochemical Oxygon Dantand (Bola) of 140 mg/L or greater shall have GW- A&jW&S Auto rf ohdlle &Wse Poke ) 0j0 �4. 2!i.' 4,11!f x". C;. °`y r�a't' 1e>a pretreatment tanks (grease traps or other tanks receiving high strength waste) pumped on a schedule determined by the engineer or registered sanitarian who designed the facility, and shall set forth capacity and cleaning frequency of such tanks. This schedule shall be filed with the Designated Representative as Pad of On -Sito Sewage Facilities planning materials. The Owner must keep records Qf manifests in the establishment. F, Cluster System. A Cluster System shall not be permitted. G. Illegal On -site Sewage Facility, The use and possession of an Illegal Septic System shall be a violation of this Order and subject the Owner to the penalties set forth herein. N. No Exceptions. Each habitual structure must be comiected to a licensed or Registered on -site sewage facility. I. Application. The Application for a Permit of an on -site sewage system shall expire one year from the date it is issued. J. Authority To Construct, The Authority to Construct issued by the Designated Representadve shall expire one year from the date it is issued. K Inspections. The registered installer or apprentice shall provide whatever reasonable assistance the Designated Representative requests in order to make an installation inspection. The registered installer must be present at the time of the installation inspection for that facility. SECTION 11. DUTIES AND POWERS. The Brazos County Health District is hereby declared the Designated Representative for the enforcement of these Rules within the jurisdictional area described in section 6 hereof (herein the "Designated Representative'). The Designated Representative has been approved and certified by the Texas National Resources Conservation Commission as qualified to serve in this capacity. SECTION 12. COLLECTION OF FEES. A list of fees for permits, licenses or inspections, payable to the Brazos County Health District, as the Designated Representative of the County shall be promulgated by the Brazes Cnur,ty Cnmmiceinnfre Order Adrr p ing Ailey ojOn•Sde Sewoee PAre 4 njd ■ Vi. �� %oZ A c4. [ (.I% 4:Iji`if '3:,. SECTION 13, APPEALS. Person aggrieved by an action or decision of the Designated Representative may appeal such action or decision to the Commissioners Court of Brazos County, Texas. Such appeal must be tiled within ten (10) days of the date of such denial. Such appeal shalt be heard at the next regularly scheduled Commissioners Court meeting which meets the notice requirements of the Open Meetings Act relative to such appeal. SECTION 14. ENFORCEMENT, The Designated Representative may routinely inspect on -site sewage facilities to assure continued proper operation of such facilities. The Designated Representative shall inspect any on -site system that it believes to be causing pollution, a threat to the public health, nuisance conditions, or is illegally installed, altered or not functioning properly or for which the Permit has expired. If upon inspection, it is found that any of these conditions Pxlsfs, the owner of the on -site sewage facility will be notified in writing of the violation, and what must be done to achieve compliance, and require the owner to cure the violation in a time frame consistent o!ith state law. The on -site sewage facility shall be reinspected at the expiration of the allotted time. If the facility is found to be compliant, a license may be issued, reissued or'the existing license may be modified. If the facility is found to be noncompliant, appropriate enforcement action shall be taken and penalties sought. SECTION 15, PENALTIES. The County of Brazos, Texas adopts and incorporates by reference, all applicable remedies and penalties provided for and set forth in Chapter ? and 26 of the Texas Water Code; and Chapters 341 and 366 of the Texas Health and Safety Code and Chapter 285 of the Texas Administration Code, SECTION 16. SEVERABILITY It Is hereby declared to be the intention of the Commissioners Court of Brazos County, Texas that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph or section of this Order should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the, remaining phrases, clauses, sentences, paragraphs, or sections of this Order. since the same would have been.enaeted by the Commissioners Court without incorporation in this Order of such unconatitutioral phrase, olausa, sentence, paragraph, or section. Qdr dQopr/q R Ja 01001,,1W &WW f ..100 . 173 Per !a/6 L4. 2; 1 z 0 S C (: 'i y M a a 7 SECTION 177. EFFECTIVE DATE This Order shall be in U1 force and effect from and after its date of approval as required by law and upon the approval of the Texas Natural Resource! Conservation Corunission. AND IT IS SO ORDERED: .4 PASSED AND APPROVED THIS 42 — DAY OF "XLcogg *2001. ATrEST,. APPROVED: C C-IN MCQUEkP, ,nty Clerk ALVIR W. JONE K.Mu7y- lodge Ofdar Adopting Amin q1Qn-SU& Sewage I p PrIt 6 Of 6 3 too �9 Brazos County, #120 Authorization to change TCDRS plan provisions Plan year 2008 The following order concerning the participation of Brazos County in the Texas County & District Retirement System (TCDRS) for the 2008 plan year was adopted in open session on 2007. 1. With respect to the plan provisions currently applicable to its members, Brazos County makes the following changes: There are no changes for members. 2. With respect to annuities paid to its retirees or their beneficiaries, Brazos County adopts a CPI -based 50% COLA. 3. Brazos County adopts an annually determined contribution rate plan with the following rate for the 2008 plan year: the previously adopted elected rate of 11.80 %. 4. Except as modified by this order or by law, the plan provisions previously adopted by this Commissioners Court of Brazos County relating to participation in TCDRS remain in effect and are continued. 5. In the event the 2008 total required rate as set out above exceeds 11 %, and if a current waiver of that limit is not on file with the retirement system, the Commissioners Court of Brazos County hereby waives the 11% limit on the rate of employer contributions and such waiver will remain effective with respect to future plan years until properly revoked by official action. Certification I certify that the foregoing order concerning the participation of Brazos County in the Texas County & District Retirement System for the 2008 plan year truly and accurately reflects the official action taken during a properly posted and noticed meeting on 2007, byffi�Commissirs Cour os County as such action is recorded in the official minutes. County Judge of Brazos Dated: glii f �7 800 - 823 -7782 * WWW.TCDRS.ORC 1 "" ��� Sep. 4, 2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Contract Number: 588EGF5132 Charge Number: 8AL23 G 1 FB PIN: Project Year: Ist THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, Brazos County Attorney's Office hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2008. Project Title: Brazos County Comprehensive Underage Drinking Program Grant Period: This Grant becomes effective on 10/01/2007 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2008 unless terminated or otherwise modified. Total Awarded: $105,645.50 Amount Eligible for Reimbursement: $53,853.00 Match Amount: $51,792.50 Program Income $0.00 TXDOT 1 8/27/2007 60 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE Brazos County Attorney's Office Rrazpc Cnunty [Legal Name of Agency] By: [Authorized Si ature] Randy Sims [Name] County Judge [Title] Date: 6 / L07 THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission I [District Engineer Texas Department of Transportation] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): By: [Resolution Number] Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2008 TXDOT 2 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking 2008 GENERAL INFORMATION Project Title Brazos County Comprehensive Underage Drinking Program How many years has your organization received funding for this project? This will be our first year. Organization Address Mailing Address (if different) Brazos County Attorney's Office 300 East 26th Street Suite 325 Project Director Contact Information Theresa Diaz TXDOT 3 - 8/27/2007 1 Ah �7 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 PROPOSING AGENCY AUTHENTICATION I submit the following person has authorized the submittal of this proposal. Name Jim Kuboviak Title County Attorney Address 300 E. 26th St., Ste. 325 City State Zip Code Phone Number Fax Number E -mail address TXDOT Bryan Texas 979 - 361 -4300 979 - 361 -4357 kuboviak @txcyber.com 4 M (n7R 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 TERMS, CONDITIONS AND RESPONSIBILITIES How often do you plan to submit Performance Reports? Monthly How often do you plan submit RFR's? Monthly Terms and Conditions E] I Agree with the Terms and Conditions. Responsibilities of the Department [D I Agree with the Responsibilities of the Department. Responsibilities of the Subgrantee E] I Agree with the Responsibilities of the Subgrantee. Program Income Provision (if applicable) ❑ This agreement will include Program Income. TXDOT 5 8/27/2007- C 00 l8� Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 TXDOT Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that `6 0 ��l 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 T-XDOT may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 TXDOT If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Institutions of Higher Education; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 00.4910701 ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPS), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. 740 l 9T 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. TXDOT 10 8/27/2007 r fA `0s Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence, through eGrants system messaging, with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. TXDOT 11 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant TXDOT 12 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. TXDOT 13 - 8/27/2007 160 - `�$ Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. TXDOT 14 - 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.us/cso/default.htm. TXDOT 15 8/27/2007 `VV G �t� Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e -mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self - sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. TXDOT 16 8/27/2007 10o s.,l9C Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan (Attachment D). B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the Department district's boundaries. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or an activity already supported by local or state funds. I. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. TXDOT 17 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 PROGRAM INCOME: If referenced and approved in the Highway Safety Performance Plan and Grant Agreement, a Subgrantee may generate or earn program income from grant- supported activities. Such earnings may include, but will not be limited to, income from service fees, sale of commodities, usage or rental fees, and royalties on patents and copyrights. If included in the project budget, approved costs paid for with program income can be used as project match. All program income earned during the Grant Period shall be retained by the Subgrantee and, in accordance with the grant or other agreement, shall be added to federal funds committed to the project and be used to further eligible program objectives. Program income that remains unexpended after grant end shall continue to be committed to the original grant objectives. TXDOT 18 8/27/2007 ®Q3aI Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 (02) ALCOHOL AND OTHER DRUG COUNTERMEASURES Select a goal: ❑✓ To reduce the number of DWI - related crashes where the driver is under age 21 Select a strategy: Increase intervention efforts Increase the number of law enforcement task forces and coordinated enforcement campaigns ❑ To reduce the number of DWI- related crashes, injuries, and fatalities Select a strategy: TXDOT 19 8/27/2007 l d® l9 y- Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 PROBLEM IDENTIFICATION AND SOLUTION I. Problem Identification Problem Statement and Documentation of Data: In 2001, alcohol - related traffic crashes totaled 391 in Brazos, Grimes, Robertson, Madison, Washington, Leon and Burleson counties. Eight -nine (89) of the alcohol- related traffic crashes involved persons under the age of 21. The crashes involving those persons under the age of 21 represent 21% of the total alcohol- related crashes. However, the hub of this geographical area, Brazos County, reflects a disproportionate percentage of minors involved in alcohol - related crashes of 25 %. This is in comparison to the total population for this age group of 20 %. From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56 Administrative charges filed against licensed establishments for Sale of Alcoholic Beverages to a Minor in the above mentioned counties. A minor's ability to purchase, possess and consume alcoholic beverages continues to be a problem in these communities as witnessed by the above statistics. This area has a population that is significantly influenced by the college community where drinking and driving are a common theme to college life. Binge drinking appears to be more accepted with college age persons and a large number of parties occur on licensed premises. From January 1, 2002 to December 31, 2006, there have been 226 criminal TXDOT 20 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 II. Project Plan Problem Solution TXDOT Since its inception, this TXDOT funded program has been successful in deterring underage drinking and driving by identifying underage persons who possesses and /or consume alcoholic beverages and by identifying persons who provide alcohol to minors. The Brazos County Attorney's Office proposes to continue these efforts and expand the operational scope of the Regional Alcohol Task Force for FY2008. The task force serves, and has current memorandums of understanding with, Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task force places undercover personnel and peace officers on the street and in licensed premises to target establishments and individuals who provide alcohol to minors. It deploys a combination of officers, undercover minors, and undercover video operators working variable shifts during the times and days when minors are known to obtain alcoholic beverages By targeting underage drinking and driving at the point of sale /acquisition, this program will continue to decrease the number of alcohol related crashes by persons under 21 by: 1. Deterring licensed establishments, their employees, and other persons from selling, serving, or making alcohol available to minors. 2. Identifying and filing criminal charges on minors who possess alcohol or fictitious /counterfeit identification. 3. Identifying and prosecuting persons who manufacture or possess with the intent to sell fictitious /counterfeit identification to underage persons. 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 PROBLEM IDENTIFICATION ADDITIONAL ATTACHMENTS You can enter charts and tables related to your problem statement in the following boxes. Enter a brief name for your document and then browse your computer to select the document you wish to attach. Document Name Commitment Letters 13262- Committment Letters.p TXDOT 22 - 8/27/2007 00 0 ) O 0 H O { N z y U 4 U ai A O rt N ul N v P9 U w a a .,A U b W a a a a W H N H r0 y H -a o Id U C. 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Click the Save button to calculate the percentages. TXDOT 29 8/27/2007 1 po n^4 Amount Percentages TxDOT $255.00 Match 0.00 g Program Income 0.00 Total TXDOT 29 8/27/2007 1 po n^4 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 TRAVEL AND PER DIEM - 300 Description Mileage Please explain Mileage for training /conference attendance Unit Price $0.440 Quantity 454.54 Total $200.00 Please enter allocation amount per items entered in the following fields. Click the Save button to calculate the percentages. TXDOT 30 - 8/27/2007 � 00 c96 5 Amount Percentages TxDOT $200.00 100.00 % Match 0.00 g Program Income 0.00 % Total TXDOT 30 - 8/27/2007 � 00 c96 5 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 TRAVEL AND PER DIEM — 300 Description Meals Please explain Per Diem for Project Managers Conference Unit Price $36.000 Quantity 3 Total $108.00 Please enter allocation amount per items entered in the following fields. Click the Save button to calculate the percentages. TXDOT 31 8/2-7/2007 raa aac� Amount Percentages TxDOT $108.00 Match 0.00 } Program Income 0.00 Total TXDOT 31 8/2-7/2007 raa aac� Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 SUPPLIES - 500 Description Items used for concealing camera equipment Unit Price $32.50 Quantity 20 Total Cost $650.00 TXDOT 32 - 8/27/2007 ( 00_ a 0-1 Amount Percentages TxDOT $650.00 100.00% Match 0.00% Program Income 0.00% Total $650.00 TXDOT 32 - 8/27/2007 ( 00_ a 0-1 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 CONTRACTUAL SERVICES - 600 Description Peace Officers - Contractual Unit Price $25.00 Quantity 928 Total Cost $23,200.00 TXDOT 33 8/27/2007 ©O �O� Amount Percentages TxDOT $23,200.00 100.00% Match 0.00% Program Income 0.00% Total $23,200.00 TXDOT 33 8/27/2007 ©O �O� Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 CONTRACTUAL SERVICES - 600 Description Undercover Video Operators Unit Price $17.50 Quantity 144 Total Cost $2,520.00 TXDOT _ 34 8/27/2007 �c�a ao9 Amount Percentages TxDOT $2,520.00 100.00% Match 0.00% Program Income 0.00 Total $2,520.00 TXDOT _ 34 8/27/2007 �c�a ao9 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 CONTRACTUAL SERVICES - 600 Description Mileage for other agencies Unit Price $0.44 Quantity 4000 Total Cost $1,760.00 TXDOT - 35 8/27/2007 100 0-1 Amount Percentages TxDOT $1,760.00 100.008 Match 0.00% Program Income 0.00% Total $1,760.00 TXDOT - 35 8/27/2007 100 0-1 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 OTHER MISCELLANEOUS - 700 Name Other Description Impress "Buy" Funds Unit Price $1,200.00 Quantity 1 Total Cost $1,200.00 - TXDOT 36 8/27/2007 Amount Percentages TxDOT $1,200.00 100.00%; Match •0 Program Income 0.00 Total $1,200.00 - TXDOT 36 8/27/2007 Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 OTHER MISCELLANEOUS - 700 Name Other Description Mileage Unit Price $0.44 Quantity 30000 Total Cost $13,200.00 TXDOT 37 - 8/27/2007 r� aja Amount Percentages TxDOT $13,200.00 100.00 %- Match 0.00 %- Program Income 0.00 Total $13,200.00 TXDOT 37 - 8/27/2007 r� aja Brazos County Attorney' Brazos County Comprehensive Underage Drinking Progr 2008 OTHER MISCELLANEOUS - 700 Name Other Description Maintenance and Repair Video Equipment Unit Price $560.00 Quantity 1 Total Cost $560.00 TXDOT 38 8/27/2007 Amount Percentages TxDOT $560.00 100.00 Match Program Income 0.001 Total $560.00 TXDOT 38 8/27/2007 OD O O N E: M 0 D4 M G X )4 0 a) b >-I 0 v a 0 Q) Cl) U) � W G a) a ^ .a ) Fa-1 u CQ R O U >r +-) G O U U) O N ro S4 m a) U 4a 44 O v G O +J a O U V) O N M 00 coo al r- 0 0 N N rn M H O A H O O O 0 0 0 0 0 00 O O O O O O to Ul 0 0 0 00 0 0 O LA 0 0 Ifl 4 10 N M O O O O M Ln' O N M O U1 01 0) 01 l0 U} 0 x l0 0 V VT 0) N c? 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H b a u) ) co a) CQ b) ) 0 0 M u b) .0 r-, ri ri CA •ri a) 0 .0 H -4 v a) -H o M )4 01 4J U H H U (1) (d rJ (d 1J M iJ rl 'b H )4 Ul Id H a) p, ri �4 a) 41 0 H )4 O O O 0 r+ Mau > a a N r+ HHH+1 �r(a O a0OUA i� 0 EI 0 u) W 0 H W In U 0 H bl �. owl r. r. � .3 rl bl 1) 01 0 0 0 0 ;3 0 0 0 b 01 O o o 43 o 0 0 0 o it o b r-I N N M w In w I- 0 10 0 W 0- 1-1 1 U HU - ul C7 coo al r- 0 0 N N rn M H O A H CONTRACT FOR MEDICAL SERVICES Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr. Rany Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in Brazos County, Texas, (hereinafter the "Service Provider "), by this agreement and in consideration of mutual promises set forth below have agreed as follows: ARTICLE I JAIL SERVICES 1.01 Scope of Services The Service Provider will, upon referral from the Sheriff's Department (hereinafter referred to as "Jail') treat inmates located in the Brazos County Jail facilities operated by the Sheriffs Department. Treatment may occur both within and without the physical confines of the Jail facilities. Treatment shall include, but not be limited to, on- site emergency treatment. The Service Provider agrees to adopt and implement workplace guidance concerning persons with AIDS and HIV infection and to develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information with regards to inmates being treated for any complaint. 1.02 Reporting Responsibilities The Service Provider, once treatment has been provided, will also be responsible for indicating any necessary therapy, additional follow -up medical treatment or additional medical referral needed to a medical specialist to cover any inmate problem the Service Provider believes would require such therapy or referral. The Service Provider will be responsible for communicating therapy or referral needs to the Brazos County Jail Administrator, or the designated agent. The Service Provider will document all treatment, need for follow -up treatment, any diagnostic tests needed, therapy suggestions and referral needs in note form and rile the same in the inmate's medical file. 1.03 Additional Services Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, whether routine or otherwise, extended long -term medical treatment programs requiring more than a few treatments for a given malady, treatment outside the Jail for medical services provided at clinics operated by the Service Provider. ARTICLE II JUVENILE SERVICES 2.01 Scope of Services The Service Provider upon referral from the Brazos County Juvenile Services (hereinafter referred to as "Juvenile Services ") shall treat juvenile inmates, (hereinafter referred to as "Detainees "), that are located in the Brazos County Juvenile Detention Center (hereinafter referred to as "Detention "). Services are to include consultation with detention licensed vocational nurse (herein after referred to as "LVN ") and juvenile probation officers (herein after referred to as "JPO ") on duty in Detention. Consultation may be by phone or on site. Consultation is to be diagnostic in nature to determine possible medical malady and appropriate medical course of action. Also, the Service Provider will Page 1 of 5 loo I (�'1s provide physical examinations, as requested, to be conducted at the Juvenile Detention Center, for children being placed in the Juvenile Boot Camp or contract placement facilities. 2.02 Procedure JPO and LVN will routinely on a daily basis handle medical sick call in Detention except when it is beyond their expertise. When medical concerns of Detainees is beyond the ability of LVN, phone consultation with Service Provider will be initiated. If phone consultation is inadequate in both, the JPO in charge and LVN's opinion, on site medical consultation will be requested of Service Provider. 2.03 Additional Services Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, extended long term medical treatment programs requiring more than minor intervention, testing at the Service Provider's clinics, x -rays, physical examinations in excess of the fifty annual exams as provided in section 2.01 above, lab work or emergency medical treatment in an emergency room. 2.04 Reporting Responsibilities Phone consultation will be documented by JPO/LVN in Detainees' medical file. On site consultation will require Service Provider to provide case notes in Detainees' medical file. The Service Provider will inform JPO or LVN during consultation of the need for testing, x -rays, lab work or emergency treatment. The Service Provider will communicate in writing with Juvenile Services, the Detainee's need for follow -up treatment or referral to a medical specialist or relocation for medical treatment, which communication shall be made part of the Detainee's medical file. ARTICLE III FEES 3.01 Professional Fees For the services outlined in Paragraph 1.01, the County will pay the Service Provider Three Thousand Three Hundred Dollars ($3,750.00), each month services are provided, consisting of an arbitrary apportionment of $3,000 representing ordinary care and $750 representing additional detailed care and record maintenance. For the services outline in paragraph 2.01, the County will pay the Provider an additional $525.00 for each month services are provided. An annual fee of Two Thousand Five Hundred and No /100 Dollars ($2,500.00), shall be paid to the Service Provider for administration services. Additionally, an annual payment of Three Thousand and No /100 Dollars ($3,000.00) shall be paid to provider for addition Liability insurance which names Brazos County as addition insured. The administrative fee of Two Thousand Five Hundred and No /100 Dollars ($2,500.00) and the additional insurance fee of Three Thousand and No /100 Dollars ($3,000.00) shall be paid on December 15`h of the contract year. This Contract shall be from October 1, 2007 through September 30, 2008. Charges for any outside -the -Jail or outside -of- Detention treatment of inmates or Detainees, as appropriate, at any clinic operated by the Service Provider, or a physician's certificate related to a mental health commitment, or treatment of an inmate or Detainee at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical exams of Detainees, or extended treatment program made under this contract will be either billed by the Service Provider as provided below, or by the independent laboratory or facility that provides such service. Page 2 of 5 loo Or 3.02 Billing The Service Provider will submit an invoice monthly, within 15 days of the end of each contract month. The Service Provider will bill the County using a standard Invoice for Services for the monthly flat rate fee. For services not covered by the Service Provider's flat fee, the Service Provider will invoice the County using a standard Invoice for Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended Total, at prevailing prices, which shall also be stated on the bill. The County shall pay for services monthly. The Service Provider will not be responsible for invoicing nor handling any but the related paperwork needed for the orders for such independent laboratory or diagnostic tests as part of this agreement. ARTICLE IV ADMINISTRATION OF CONTRACT 4.01 Transportation If the Service Provider has assessed that an inmate or Detainee needs to be relocated from the Jail or Detention for medical service of any kind or for any reason, this assessment will be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, or the Superintended of Detention or Director of Juvenile Services, as appropriate, so that immediate action can be taken. The Sheriffs Department, or Juvenile Services, as appropriate, shall be responsible for initiating any paperwork which may be needed to re- locate or transport the inmate for such treatment and for the transportation to an appropriate facility. 4.02 Access to Files Once an inmate or Detainee has been referred to the Service Provider, the Service Provider will be allowed to have access to that inmate's or Detainee's personnel and medical file. Additionally, the Service Provider will have access to the medical screening documents used by JPO and LVN to access a Detainee's medical history and potential medical concerns, if such records are not part of a Detainee's personal or medical file. A written request for such access is not required to be filed with the Sheriff's Department or Juvenile Services, as appropriate. Under ordinary circumstances, presenting an inmate or Detainee for medical treatment will be evidence of the authority for access of such records by the Service Provider. 4.03 Support While on -site, the Sheriffs Department or the JPO or LVN shall be responsible for providing the Service Provider with any reasonable support, assistance or security that may be requested. 4.04 Patient Acceptance The Service Provider is under no obligation to accept for medical treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not anticipated that this would ever be likely in the course of this contract. ARTICLE V INSURANCE Page 3 of 5 100 RP 5.01 Each party to this agreement is responsible for maintaining their own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this contract a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. ARTICLE VI INDEMNITY 6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. ARTICLE VII INDEPENDENT CONTRACTOR 7.01 In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. 7.02 The Service Provider shall retain personal control and shall give her personal attention to the faithful prosecution and completion of the services contracted for herein and fulfillment of this Agreement. ARTICLE VIII LICENSING 8.01 The Service Provider is required to maintain all applicable licensing permits to practice medicine. Further, all permits to or certification necessary to operate the Provider's clinics shall be maintained. Copies of any applicable licenses are to be filed with Brazos County. ARTICLE IX DEFAULT Page 4 of 5 9.01 Events of Default The following occurrences shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Contract on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. ARTICLE X GENERAL PROVISIONS 10.01 Venue The venue of this contract is Brazos County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. 10.02 Termination This contract may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non - terminating party at the addresses listed below. 10.03 Term The term of this contract will be for twelve (12) months beginning October 1, 2007 and shall terminate on September 30, 2008. The parties are hereby given one (1) option to renew this contract for a period of one (1) year, to follow consecutively upon expiration of the term hereof and of any renewal period, upon the same terms and conditions contained herein. Any changes in the terms or conditions will necessitate the initiation of a new contract. SERVICE PROVIDER JC4 Ra Ch D. Date BRAZOS By: ��� _ -`_- -' l Randy Sims,, ounty Judge Date Page 5 of 5 401 S. Texas Ave Bryan, Texas 77803 300 East 26`h Street Bryan, Texas 77803 ���!f 021Cf STATE OF TEXAS COUNTY OF BRAZOS Brookhaven Youth Ranch 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 Brookhaven Youth Ranch, 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 1 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 11 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 S' and ending August 31" , 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 Ill 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 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 \� ith supplemental guidance and discipline to meet the needs of the child. Page I o/ 14 - too Brookhm�en Youth Ranch 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, oft - campus visits or furloughs, major incidents and worker contacts. Anv and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. Page 2 o /14 too J-00 Brookhaven Youth Ranch 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. Page 3 0/ 14 i ©Ua Brookhaven Youth Ranch 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, 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 perfonnance 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: 1. 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. Tile 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 Nvho move down in their Level of Care. Page 4 Q/ 14 / OQ a � Brookhaven Youth Ranch 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 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 3 g f 14 10.6 2;� Brookhaven Youth Ranch 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 fiords. 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 confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. Page 6of11 t a aas, Brookhaven Youth Ranch 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 tine 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. Pagc 7 of 14 coo ;Z Brookhaven Youth Ranch 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 IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code. Service Provider shall report an} 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 following: A. Local law enforcement agency: Page 8 of 14 100 �a� Brookhaven Youth Ranch 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: (l) 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 X1 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, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal. state and local laws and regulations. Page 9 of 14 100 aa� Brookhaven Youth Ranch 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 X111 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 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 fiends. 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. Peige 10 o/ 14 IDD I -V 2`� Brookhaven Youth Ranch 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 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 of 14 i0o �D Brookhaven Youth Ranch 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 XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX11 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 1? of 14 100 � Brookhaven Youth Ranch 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, Coun Judge And Brazos Co ty Juvenile Board Chairman Y " Doug ance, PhD, xecutive Di Juvenile Services Department SERVICE AGENCY n Aut rized Signa re PRINTED name of person signing this contract PRINT FACILITY NAME AND ADDRESS: ,6, —'o0 &77Ll Yd tt- 7-H 6Z,16 7 46e ;a &��T T '7669 PRINT BILLING NAME AND ADDRESS: PRINT NAME OF BILLING CONTACT PERSON: CPS LICENSING REPRESENTATIVE: 91111C7 Date Date Date Title FACILITY TELEPHONE NUMBER: 0550� "b�—qd LUNG TELEPHONE NUMBER: 0" Pane 13 of 14 i0o FEDERAL TAX IDENTIFICATION NUMBER: 76-- 4d 9 /'5/ -. CPS TELEPHONE NUMBER: 6f'17) 77L-4 - -7 d3a Brookhaven Youth Ranch Residential Services Agreement .September 1, 2007- August 31, 2003 EXHIBIT A BASIC LEVEL $37.00 MODERATE LEVEL $82.22 SPECIALIZED LEVEL $118.20 INTENSE LEVEL $207.62 EMERGENCY SHELTER $96.61 Page 14 of 14 No a3 )FPS - Rates for 24 -hour Residential Child -Care Reimbursements htq) s: /;wv�lv.dfps.state.tr.us'PCS; rates childcare reimbursement.asp �r ilt1� Web version Font Size: _J J Department of Family iin(,l I' rotective Services 8/31/2007 Purchased Client services Texas Health and Human Services Commission 24 -Hour Residential Child Care Facilities Rates The Texas Health and Human Services Commission (HHSC) developed the following payment rates for the 24 -Hour Residential Child Care (Foster Care) program operated by the Department of Family and Protective Services (DFPS). HHSC authorized DFPS to implement these recommended payment rates effective September 1, 2005. 24 -Hour Residential Child Care Rates Service Level FY 2008 Basic Child Placing Agency $38.59 Basic Foster Family $38.59 Basic Facility $38.59 Moderate Child Placing Agency $7022 Moderate Foster Family $37.52 Moderate Facility $87.99 Specialized Child Placing Agency $93.54 Specialized Foster Family $4824 Specialized Facility $126.49 Intense Child Placing Agency $171.53 Intense Foster Family F$85.76 Intense Facility Emergency Shelter $106.22 Minimum Daily Amount to be Reimbursed to a Foster Family' Service Level FY 2008 Basic $21.44 Moderate $37.52 Specialized r$48.24 Intense .76 Effective September 1, 2007, the amounts above are the minimum amounts that a child - placing agency must reimburse its foster families for clients receiving services under a contract with the Department. with the Texas Department of Family and Protective Services. rbo g_q� 8/31/20072:41 PM of 1 STATE OF TEXAS COUNTY OF BRAZOS Incentives Residential Services #/C fib) 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 Incentives, 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 31 s', 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 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. Page I of 14 /00 a Incentives 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. Page 2 of 14 !Do ���' Incentives 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. Page 3 of N 100 237 Incentives 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: 1. 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 of 14 10 , i Incentives 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 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 of 14 loo 339 Incentives 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 VI 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 of 14 m 140 V. Incentives 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. Page 7 of 14 I�, j06 ') k I Incentives 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 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 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 following: A. Local law enforcement agency; Page 8 of 14 )QQ g(7 Incentives 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, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. Page 9 of 14 106 a:I.3 Incentives 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 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 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. Page 10 of 14 lob Incentives 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 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 11 of 14 106 ILO Incentives 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 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 of 14 160 3,46 Incentives 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. BRAZOS COUNTY Randy Sims, County Ju Ofe And Brazos County venile Board Chairman Doug Vance, PhD, Executive Direc or Juvenile Services Department SERVICE AGENCY AuthoN4zWd Signature d PRINTED name of pdrson signing this contract PRINT FACILITY NAME AND ADDRESS: T;r -' Ie ofi Iles /g333 PRINT BILLING NAME AND ADDRESS: 7 —4te - "A pies PRINT NAME OF BI`LLING CONTACT PERSON: CPS LICENSING REPRESENTATIVE: Page 13 of 14 loo <?l/I1C, 7 Date Date 7 •� Date Title FACILITY TELEPHONE NUMBER: ? -- .CIS- /e1 7i! BILLING TELEPHONE NUMBER: FEDERAL TAX IDENTIFICATION NUMBER: CPS TELEPHONE NUMBER: A47 )FPS - Rates for 24 -hour Residential Child -Care Reimbursements littps :!'�Nwnv.dfps.state.tx.us'PCS! rates childcare reimbursement. asp rEXAS Web version [fie artment of Family mi(l Protective Set-vices Font �_j Purchased Client Services Texas Health and Human Services Commission 24 -Hour Residential Child Care Facilities Rates The Texas Health and Human Services Commission (HHSC) developed the following payment rates for the 24 -Hour Residential Child Care (Foster Care) program operated by the Department of Family and Protective Services (DFPS). HHSC authorized DFPS to implement these recommended payment rates effective September 1, 2005. 24 -Hour Residential Child Care Rates Service Level FY 2008 Basic Child Placing Agency $38.59 Basic Foster Family $38.59 Basic Facility $38.59 Moderate Child Placing Agency $70.22 Moderate Foster Family $37.52 Moderate Facility $87.99 Specialized Child Placing Agency $93.54 Specialized Foster Family $48.24 Specialized Facility $126.49 Intense Child Placing Agency $171.53 Intense Foster Family $85.76 Intense Facility $222.19 Emergency Shelter $106.22 Minimum Daily Amount to be Reimbursed to a Foster Family' Service Level FY 2008 Basic $21.44 Moderate $37.52 Specialized $48.24 Intense $85.76 Effective September 1, 2007, the amounts above are the minimum amounts that a child- placing agency must reimburse its foster families for clients receiving services under a contract with the Department. with the Texas Department of Family and Protective Services. i 8/31/2007 of 1 0D b /31 /2007 2:41 PM Incentives 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 of 14 STATE OF TEXAS COUNTY OF BRAZOS Pegasus Schools, Inc. 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 Pegasus Schools, Inc., 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 11 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 terns thereafter, commencing September I" and ending August 31" , 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 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 \\Iith supplemental guidance and discipline to meet the needs of the child. Page 1 q1 1 -1 1/ Pegasus Schools, Inc. 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. Page ? ol 14 ��MA Pegasus Schools, Inc. 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. Page 3 of 14 100 a 5� Pegasus Schools, Inc. 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: 1. 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 of 14 i Do g63 Pegasus Schools, Inc. 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 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 of 14 Pegasus Schools, Inc. 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 oj' 14 (� 00 v Pegasus Schools, Inc. 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 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 of 14 ffio Pegasus Schools, Inc. 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 IX DUTY TO REPORT 9.01 As required by §5261.101 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 following: A. Local law enforcement a <oencv: PageNu /l1 /1001 -- 50/ Pegasus Schools, Inc. 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, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal. state and local laws and regulations. Page 9 ul 14 /oa �x? Pegasus Schools, Inc. 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 X1II 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 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 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. Pagc 10 a / 14 po 0?-5-9 Pegasus Schools, Inc. 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 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 1I of 14 Sao Pegasus Schools, Inc. 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 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 ►nade by Juvenile Probation, Service Provider may tenninate this Agreement subject to the conditions herein. Page 12 of 14 �)0 019 i Pegasus Schools, Inc. 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 dge And Brazos CoumK Juvenile Board Chairman Doug Vance, PhD xecutive Director Juvenile Services Department SERVICE AGENCY uthorized Si 9#6 re PRINTED name of pe on signing this contract PRINT FACILITY NAME AND ADDRESS: SCIL go PRINT BILLING NAME AND rADDRESS: (-.S Gb LtAC-2-- PRINT NAME OF BILLING CONTACT PERSON: \ B�i�_� CPS LICENSING REPRESENTATIVE: Y. Page 13 of 14 160 �l ll %y l Date Date '8-A'8- 0-7 Date Title FACILITY TELEPHONE NUMBER: NE010 BILLING TELEPHONE NUMBER: i - 376- a.sf FEDERAL TAX IDENTIFICATION NUMBER: — 9 V - 11'�; -5- � 19 1 Y' CPS TELEPHONE NUMBER: ( '�- - ? 3 q - 3 ,;y4 �- % )FPS - Rates for 24 -hour Residential Child -Care Reimbursements https :! %www.dgis.state.tx.us/PCS,'rates--childcare—i-eiiiibttrsemelit. asp I EXAS Web version Font Size: - + Department of Family atid Protective Servic'es Purchased Client Services Texas Health and Human Services Commission 24 -Hour Residential Child Care Facilities Rates The Texas Health and Human Services Commission (HHSC) developed the following payment rates for the 24 -Hour Residential Child Care (Foster Care) program operated by the Department of Family and Protective Services (DFPS). HHSC authorized DFPS to implement these recommended payment rates effective September 1, 2005. 24 -Hour Residential Child Care Rates Service Level FY 2008 Basic Child Placing Agency $38.59 Basic Foster Family $38.59 Basic Facility $38.59 Moderate Child Placing Agency $70.22 Moderate Foster Family $37.52 Moderate Facility $87.99 Specialized Child Placing Agency $93.54 Specialized Foster Family $48.24 Specialized Facility $126.49 Intense Child Placing Agency $171.53 Intense Foster Family $85.76 Intense Facility $222.19 Emergency Shelter $106.22 Minimum Daily Amount to be Reimbursed to a Foster Family' Service Level FY 2008 Basic $21.44 Moderate $37.52 Specialized $48.24 Intense $85.76 . Effective September 1, 2007, the amounts above are the minimum amounts that a child - placing agency must reimburse its foster families for clients receiving services under a contract with the Department, with the Texas Department of Family and Protective Services. 8/3112007 of 1 1CD c (&3 8/31/2007 2:41 PM Pegasus Schools, Inc. 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 Puge 14 of 14 100 o?to`- STATE OF TEXAS COUNTY OF BRAZOS Shoreline, Inc. Residential Services " 2(j) 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 Shoreline, Inc., 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 315' 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 "nornial" 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. Pate I of 14 too I -? �0S Shoreline, Inc. 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. Page 2 of 1 160 �� Shoreline, Inc. 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 3(J14 160 a 67 Shoreline, Inc. 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: 1. 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): I . 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 q/' 14 100 AM Shoreline, Inc. 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 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 of 14 Shoreline, Inc. 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. I 1 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 confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. Page 6 of 1 4 ko OJO Shoreline, Inc. 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. Page i of 14 log a 7 i Shoreline, Inc. Residential Services Agreement September], 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 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 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 following: A. Local law enforcement agency: Page 8 cJ 14 100 % Shoreline, Inc. 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, sex. religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. Page 9 of 14 )00 o2 715 Shoreline, Inc. Residential Services Agreement Septemher 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 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 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, mcludmg but not limited to the obligation to pay. upon giving notice to the Service Provider. Page 10 of 14 IfV) 017 � Shoreline, Inc. Residential Set-vices 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 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 1I o/ 14 W d75 Shoreline, Inc. 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 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 of 14 00 a A7 Shoreline, Inc. 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. BRAZOSCOUN Randy Sims, County Jydge And Brazos Count /Juvenile Board Chairman Doug Vance, PhD, E ecutive Director Juvenile Services Department SERVICE AGENC Authorize natur MAX TIPTON PRINTED name of person signing this contract PRINT FACILITY NAME AND ADDRESS: SHORELINE, INC. 1220 GREGORY ST. TAFT, TX 78390 PRINT BILLING NAME AND ADDRESS: SHORELINE, INC. P.O. BOX 68 TAFT, TX 78390 PRINT NAME OF BILLING CONTACT PERSON: ELVIRA CASTILLO CPS LICENSING REPRESENTATIVE: FEL GONZALES Page 13 of 14 •o Date Q' >1G9 Date Date PRESIDENT Title FACILITY TELEPHONE NUMBER: 361- 528 -3356 BILLING TELEPHONE NUMBER: FEDERAL TAX IDENTIFICATION NUMBER: 74- 2520130 CPS TELEPHONE NUMBER: 361- 878 -3606 a-77 )FPS' - Rates for 24 -hour Residential Child -Care Reimbursements https: dfps.state.tx.us /PCS, rates childcare reimbursement. asp rEx�s Web version Department of y7 Famil ,md I roteclive Services Font Sze: [� Purchased Client Services Texas Health and Human Services Commission 24 -Hour Residential Child Care Facilities Rates The Texas Health and Human Services Commission (HHSC) developed the following payment rates for the 24 -Hour Residential Child Care (Foster Care) program operated by the Department of Family and Protective j Services (DFPS). HHSC authorized DFPS to implement these recommended payment rates effective September 1, 2005. 24 -Hour Residential Child Care Rates Service Level FY 2008 Basic Child Placing Agency $38.59 Basic Foster Family $38.59 Basic Facility $38.59 Moderate Child Placing Agency $70.22 Moderate Foster Family $37.52 Moderate Facility $87.99 Specialized Child Placing Agency $93.54 Specialized Foster Family $48.24 Specialized Facility $126.49 Intense Child Placing Agency $171.53 Intense Foster Family $85.76 Intense Facility $222.19 Emergency Shelter $106.22 Minimum Daily Amount to be Reimbursed to a Foster Family* Service Level FY 2008 Basic $21.44 Moderate $37.52 Specialized $48.24 Intense $85.76 i I . Effective September 1, 2007, the amounts above are the minimum amounts that a child - placing agency must reimburse its foster families for clients receiving services under a contract with the Department. with the Texas Department of Family and Protective Services. 8/31/2007 of 1 �� o-179 8/31/2007 2:41 PM Shoreline, Inc. 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 of 14 X60 ��q BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DET'A RTMENf Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 11, 2007 ITEM: Request from Verizon Communications to construct road bores at 5 locations in the right of way of Standing Rock Road and 2 locations in the right of way of Mesquite Meadow Lane for buried cable installations. All locations are part of Standing Rock Ranch Subdivision. Site is located in Precinct 2. SOURCE; OF FUNDS: N/A PRESENTATION: REQUIREMENTS: I ) No work will be permitted between front slope and /or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) I('clearing ofbrush, 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. SUBMITTED BY: APPROVED BY— -- Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC07 -085 / j/ , This Request is Approved L' i / Denied E by Commissioners' Court Date: Randy Si 71, County Judge r s verlon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 August 30, 2007 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED -135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5435- 3POAOAQ which is scheduled for September 26, 2007. If you have any questions concerning this work, please contact Joe Young at our office in Bryan, telephone 979 - 821 -4303 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, W Brenda Vajdak Supervisor — Network Engineer BV:ec Attachment 1 ©a 20 VERIZON COMMUNICATION Notice of Line Installation Augus3017, 2007 , To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos County, Texas as follows: Verizon will directional bore Standing Rock Road at 5 locations and Mesquite Meadow Lane at 2 locations inside the Standing Rock Ranch subdivision as indicated on the work prints that we are submitting. We will place a 4" conduit at these locations and pull a communications cable 0.56 inches in diameter thru these conduits. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege crr right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after September 26, 2007. VERIZON COMMUNICATIONS 5435 — 3POAOAQ ir* r 0 ,� Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 100 d&2 M4pQuest: Maps, Addresses, Business Directory & Satellite Photos Page 1 of 1 e Notes: Only text visible within note field will print. W,o,-# 3FoAoAQ W©Kr, i.��ATtoN i All rights reserved. Use Subject to License /Copyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. 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