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HomeMy WebLinkAbout2007-10-02-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA F-- I L F D l 1 HP 28 Q 5: Qy BRAZOS COUNTY COMMISSIONERS COURT i( „AU Try -n CX THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 2 OCTOBER 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. Presentation by the Brazos Valley Council of Governments on a regional I -69 Discussion Group. 4. Presentation on the Annual Report of Delinquent Property Tax Collection activity for the period of 1 September 2006 through 31 August 2007. 5. Presentation by a representative from Deer Oaks regarding the Employee Assistance Program. Consider and take action on agenda items 6 — 47: 6. Request from Juvenile Services for permission to move funds from the FY07 budget to the FY08 budget for furniture that was ordered but not delivered by the County's deadline of 9/28/07. 7. Request from the Juvenile Referee for permission to move funds from the FY07 budget to the FY08 budget for furniture that was ordered but not delivered by the County's deadline of 9/28/07. Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 3614503 VOL f 0 PAGE Commissioners Court Agenda 2 October 2007 Page 2 8. Request from the Exposition Complex for permission to move funds from the FY07 budget to the FY08 budget for equipment that was ordered but not delivered by the County's deadline of 9/28/07. 9. Budget Amendment 06/07 -47.1 thru 06/07 -47.7. 10. Budget Amendment 07/08 -1.1 thru 07/08 -1.12. 11. Personnel Change of Status. 12. Payment of Claims. 13. Proclamation 07 -033 establishing October 2007 as Domestic Violence Awareness Month. 14. Brazos County Payroll for Fiscal Year 2008 (10/01/07 — 9/30/08): Salary and Wages $ 27,527,370.00 Benefits 9,952,706.00 Total $ 37,480,076.00 15. Brazos County Order 07 -004 directing the Payroll Fund to the General Fund 16. 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. Azleway, Inc. Therapeutic Wilderness Camp b. Bell County Juvenile Probation c. Cornell Corrections of Texas, Inc. 17. Renewal of the contracts with Cameron County for the following services; term of agreement is 1 September 2007 through 31 August 2008 for each contract: a. Residential Services for Juveniles b. 90 -Day Short Term Program for Juveniles 18. Renewal of the contract with Portia Smith for the Positive and Total Difference Workshop for Juveniles; term of agreement is 1 September 2007 through 31 August 2008. 19. Renewal of the contract with Traci Thomas for the Mentor Program for Juveniles; term of agreement is 1 September 2007 through 31 August 2008. 20. Renewal of the commercial lease agreement with the Mental Health Mental Retardation Authority of Brazos Valley for the lease of office space at 623 Marylake (bldg. C) in Bryan, Texas. 21. Proposed increase in the fees for on -site sewage facilities (OSSF) in Brazos County. V0L_W,PAGE�_ Commissioners Court Agenda 2 October 2007 Page 4 35. Capital requisition #00015857 in the amount of 11,747.69 to Pasco Brokerage, Inc. for the purchase of two ice machines for the Exposition Complex 36. Requisition #00015840 in the amount of $5,000.00 to Milliman, Inc. for additional actuarial evaluations needed beyond the original contract. 37. Copier lease agreements with Ikon Office Solutions, Inc. for the Precinct 1 and Precinct 2.2 Justice of the Peace Offices. 38. Agreement with Labor Ready for temporary building /grounds laborers for the Exposition Complex. 39. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. 40. Annual contract with Fort Bend Services for the inspection and maintenance of the chill and hot water loop systems. Contract term is 10/01/07 through 9/30/08 with a renewal option. 41. Amendment No. 1 to the interim agreement with Rosser International, Inc. for the jail addition. 42. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Old Macey Road approximately 0.1 mile from its intersection with Macey Road. Site is located in Precinct 2. 43. Final Plat of Riverstone Subdivision Phase One, 38.152 acres, John Austin League, A- 2, City of Bryan ETJ, Brazos County, Teas. Site is located in Precinct 2. 44. Request from Verizon Communications to construct buried cable installation in the right of way of Steep Hollow Road beginning at address #7623 extending for a distance of 156 feet to address #7701. Site is located in Precinct 2. 45. Acceptance of Peach Crossing into the Brazos County road maintenance system; the roads (Peach Crossing Drive, Freestone Drive, Red Haven Court and Early Amber Court) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. 46. Payment authorization in the amount of $612.50 for services rendered to the Brazos County Bail Bond Board by Tina Snelling of Sheiness, Scott, Grossman & Cohn, LLP. 47. Payment authorization in the amount of $1,391.86 to Wilton's Office Works for a left L- shaped desk for the Magistrate's Office. 48. Acknowledgement of the Monthly Reports submitted in September 2007. These reports are available for review in the County Judge's Office. VOL I o+ PAGE 132 Commissioners Court Agenda 2 October 2007 Page 4 35. Capital requisition #00015857 in the amount of 11,747.69 to Pasco Brokerage, Inc. for the purchase of two ice machines for the Exposition Complex 36. Requisition #00015840 in the amount of $5,000.00 to Milliman, Inc. for additional actuarial evaluations needed beyond the original contract. 37. Copier lease agreements with Ikon Office Solutions, Inc. for the Precinct 1 and Precinct 2.2 Justice of the Peace Offices. 38. Agreement with Labor Ready for temporary building /grounds laborers for the Exposition Complex. 39. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. 40. Annual contract with Fort Bend Services for the inspection and maintenance of the chill and hot water loop systems. Contract term is 10/01/07 through 9/30/08 with a renewal option. 41. Amendment No. 1 to the interim agreement with Rosser International, Inc. for the jail addition. 42. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Old Macey Road approximately 0.1 mile from its intersection with Macey Road. Site is located in Precinct 2. 43. Final Plat of Riverstone Subdivision Phase One, 38.152 acres, John Austin League, A- 2, City of Bryan ETJ, Brazos County, Teas. Site is located in Precinct 2. 44. Request from Verizon Communications to construct buried cable installation in the right of way of Steep Hollow Road beginning at address #7623 extending for a distance of 156 feet to address #7701. Site is located in Precinct 2. 45. Acceptance of Peach Crossing into the Brazos County road maintenance system; the roads (Peach Crossing Drive, Freestone Drive, Red Haven Court and Early Amber Court) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. 46. Payment authorization in the amount of $612.50 for services rendered to the Brazos County Bail Bond Board by Tina Snelling of Sheiness, Scott, Grossman & Cohn, LLP. 47. Payment authorization in the amount of $1,391.86 to Wilton's Office Works for a left L- shaped desk for the Magistrate's Office. 48. Acknowledgement of the Monthly Reports submitted in September 2007. These reports are available for review in the County Judge's Office. VOL 1 0 1 PAGE 133 Commissioners Court Agenda 2 October 2007 Page 5 49. Announcement of interest items and possible future agenda topics. 50. Call for citizen input and /or concerns. 51. Agency / Board / Committee reports by Court members. 52. 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. L 1 PAGE T COMMISSIONERS' COURT REGULAR MEETING OCTOBER 2, 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, October 2, 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, Absent; 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. There was no citizen input and /or concerns. The first matter before the Court was a presentation by the Brazos Valley Council of Governments ( BVCOG) on the Regional I -69 Discussion Group. Michael Parks with the BVCOG gave the presentation on the corridor that runs north /south through Waller, Austin, Washington, Grimes, Montgomery & Walker Counties. He thinks there is an opportunity to re- position the route to use State Highway 6 as much as possible, Vol 101 Page I a5 Commissioners Court meeting October 2, 2007 2 linking up with State Highway 30. He would like to see a resolution from the Court supporting this. Right now the current position will not touch Brazos County. Grimes County does not like the current position. Richard Vance, County Engineer pointed out that the current roads would nave to meet more stringent standards to allow traffic such as heavy trucks. The Court next heard a presentation of the quarterly delinquent tax report for the period of September 1, 2006 through August 31, 2007 presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. The next matter before the Court was a presentation by a representative from Deer Oaks concerning the Employee Assistance Program. Estela Guerrero presented material on the programs that are individually tailored and well suited to meet employee's specific needs, supervisory training, critical incident stress debriefing and employee wellness seminars. The Court next considered a request from Doug Vance, Director of Juvenile Services, for permission to roll over funds in the amount of $12,775 from the FY 2007 budget to the FY 2008 budget. This is necessitated due to a delay in delivering furniture by the September 28, 2007 deadline. On Vol lot Page 1 362 Commissioners Court meeting October 2, 2007 3 motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered a request from the Juvenile Referee for permission to m( to the FY 2008 budget. This delivering furniture by the motion by the County Judge, the Court voted unanimously The next matter before )ve funds from the FY 2007 budget is necessitated due to a delay in September 28, 2007 deadline. On seconded by Commissioner Cauley, to approve the request. the Court was consideration of a request from Tom Quarles, Director of Brazos County Special Events Facilities for approval of a Capital Budget Amendment for the Exposition Center. Mr. Quarles originally budgeted $13,250 for the purchase of an ice machine for the Exposition Center. In order to better fit the needs of the center, he is requesting the purchase of two (2) ice machines. One machine is in excess of $5,000 while the other is $3,890.81. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #06/07 -47.1 through 47.7 that would reallocate funds for the CUCEP Grant, Certificates of Obligation 2005, Indigent Health Care, 85th District Court; set up the budget for FY07JTTF Grant in the Sheriff's Department; and transfer funds from Contingency to Vol 10 I Page ( 3.7 Commissioners Court meeting October 2, 2007 4 General Capital Improvement Fund, Court Support Cost. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted. A copy of is attached hereto. The Court next considered Budget Amendment #07/08 -1.1 through 1.12 that would reallocate funds for the Exposition Center, Justice of the Peace, Precinct 2, Place 2, Sheriff's Office, Treasurer's Office, Constable, Precinct 2, Constable, Precinct 4, Capital Improvement Fund; and transfer funds from Contingency to Exposition Center (2), Sheriff's Department Crime Fund, Juvenile Services, Juvenile Referee. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy of 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 Mallard, 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: 7041717 through 7042165 Vol to) Page l 3� Commissioners Court meeting October 2, 2007 5 On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation 07 -033 designating the month of October, 2007 as "Domestic Violence Awareness Month ". The Court joins with the cities of Bryan and College Station, Texas A &M University to encourage people to educated themselves about the causes of domestic violence, to become involved with the prevention of it, the treatment of the victims, to demand an end to it and to remember those who have been victimized by this abhorrent crime. On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court moved to proclaim the month of October, 2007 as "Domestic Violence Awareness Month" throughout Brazos County. The next matter before the Court was approval of the annual payroll for fiscal year 2008 (10 -01 -07 through 09 -30- 08) in the following amounts: Salary and wages $27,527,370.00 Benefits $ 9,952,706.00 Total $37,480,076.00 On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the annual payroll for fiscal year 2008. Vol 101 Page 13q Commissioners Court meeting October 2, 2007 6 The Court next considered adopting Order No. 07 -004 directing that funds deposited into the payroll fund be deposited into the general fund. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to adopt Order No 07 -004 directing that funds deposited into the salary fund be deposited into the general fund. The next matter before the Court was consideration of renewal of the contracts for Juvenile Residential services with the following facilities: a. Azleway, Inc. Therapeutic Wilderness Camp Basic Level $37.00 per /day, per /child Moderate Level $82.22 per /day, per child Specialized Level $118.20 per /day, per /child Intense Level $207.62 per /day, per /child Emergency Shelter $96.61 per /day, per /child b. Bell County Juvenile Board Daily rate $95.00 per /day, per /child c. Cornell Corrections of Texas, Inc. Specialized Level $126.49 per /day, per /child Intense Level $222.19 per /day, per /child On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of contract for Juvenile Residential Services with the above named facilities. A copy of each contract is attached. Vol j a i Page 140 Commissioners Court meeting October 2, 2007 7 The Court next considered the renewal of the contracts with Cameron County for the following services: a. Residential Services for Juveniles $75.00 per /child, per /day b. 90 Day Short Term Program for Juveniles $75.00 per /child, per /day On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the renewal of the contracts with Cameron County. A copy of each is attached. The next matter before the Court was the renewal of the contract with Portia Smith for the Positive and Total Difference Workshop for Juveniles. This is a twelve month contract commencing on September 1, 2007 and ending August 31, 2008 in which the service provider will do the following: a. Provide six (6) hour workshop for each phase of the JDCC Program b. Accept all juveniles assigned to the program and ensure each participates in workshop c. Service Provider shall provide regular progress reports after each workshop d. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation Cost to Brazos County is $40 per participant. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of contract with Vol 101 Page 141 Commissioners Court meeting October 2, 2007 8 Portia Smith for the Positive and Total Difference Workshop. A copy of the contract is attached. The Court next considered renewal of a contract with Traci Thomas for the Mentor Program for Juveniles. This is a twelve month contract commencing on September 1, 2007 and ending August 31, 2008 in which the service provider will do the following: a. Provide six (6) hour workshop for each phase of the JDCC Program b. Accept all juveniles assigned to the program and ensure each participates in workshop c. Service Provider shall provide regular progress reports after each workshop d. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation Cost to Brazos County is $570 per workshop. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the renewal of contract with Traci Thomas for the Mentor Program for Juveniles. A copy of the contract is attached. The Court next considered renewal of a lease agreement between Brazos County and Mental Health Mental Retardation Authority of Brazos Valley (MHMR) for rental of office space in the building located at 623 Marylake, in Bryan, Texas, for the use by the Juvenile Services Department. Term of the lease is for the period of one year commencing on September 1, 2007 and ending on August 31, 2008. The County agrees to pay Vol 101 Page 141-21 Commissioners Court meeting October 2, 2007 9 to the MHMR the amount of two thousand three hundred eighteen and 40/100 hundred dollars ($2,318.40) per month. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to renew the lease agreement between Brazos County and the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) for the period stated above. A copy of the Lease Agreement is attached. The next matter before the Court was consideration of an increase in fees for On Site Sewage Facilities in Brazos County. The proposed fee increase is from $200 to $300.00 for residential units and the fee for commercial units be set at $400.00. Ken Davis asked how the County can justify a 50 percent increase over the state fees. Don Plitt with the Health Department responded that they have a new employee to handle OSSF and all the paperwork that goes with each one. Ken Davis said that the installers bought a program that cost over $1,000. They were told by the Health Department to enter reports. He pays someone to enter reports and now the installers are being told that Mr. Plitt has hired someone to enter this. Mr. Plitt says it wasn't mandatory that the installers buy the program. He still has to have someone to look over this which is where the new employee comes in. On motion by Commissioner Mallard, seconded by Commissioner Vol 101 Page ( 43 Commissioners Court meeting October 2, 2007 10 Cauley, the Court voted unanimously to approve the fee increase. The next matter before the Court was consideration of a request from Juvenile Services for an exemption to section 2.02.8 of the County Sick Pool Policy for a specific employee who because of illness, is unable to accrue enough sick leave to donate eight hours to the sick pool. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda. The Court next considered a request from the Sheriff's Office for an exemption to the County Compensatory Time Policy for members of the C.L.E.A.R. Team since they are paid through a grant provided by the Texas Governor's Office that has no provision to pay over -time. On motion by Commissioner Mallard, seconded by the County Judge, the Court voted unanimously to approve the request. The next matter before the Court was consideration of a change in the County's mileage reimbursement rate from $.445 /per mile to $.485 /per mile. This would raise the county's reimbursement rate to match that currently used by the State of Texas. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to increase the mileage reimbursement from $.445 /per mile to Vol 101 Page 144 Commissioners Court meeting October 2, 2007 11 $.485 /per mile. This is a correction to what appears on the agenda. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval for out of state travel for the Correctional Health Professional, Michelle Ziegelmann to attend the National Conference on Correctional Health Care in Nashville, Tennessee October 14 -17, 2007. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Ms. Michelle Zieglemann. The Court next considered a request from Justice of the Peace, Precinct 3, George Boyett for indemnification of funds that were lost on September 25, 2007 when the daily deposit did not balance. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the request for indemnification of funds. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Robert & Colleen Grant, over payment $121.53 b. Charlotte E. Holder, over payment $151.45 c. Harold R. & Sandra McNeese, over payment $500.00 Vol 101 Page 145 Commissioners Court meeting October 2, 2007 12 d. Wade Fisher & Richard G. Tongate, over payment $3,336.73 e. Doris M. Vaults, over payment $15.11 f. Alan D. & Nancy Waldie, over payment $10.51 g. Robert Lockett, over payment $134.71 On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was the awarding of RFP #07 -110, Health Insurance and Related Benefits. Mark Grierson, consultant with Plumhoff & Associates made the follow recommendations: a. Administrative services for Medical & Dental -Blue Cross Blue Shield b. Blue Care Connection - Blue Cross Blue Shield c. Optional vision insurance - Spectra d. Employee Assistance Program - Deer Oaks On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of Mr. Grierson and award the RFP as noted above. The tabulation sheet is attached. The next matter for consideration was approval for the Purchasing Agent to advertise RFP 2008 -010, Network Cabling Parts. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to authorize the Purchasing Agent to advertise for RFP's for Network Cabling Parts. Vol ( of Page ( (� Commissioners Court meeting October 2, 2007 13 The Court next considered awarding Bid No. 2007 -038, Uniform Rental. Pat Howard, Purchasing Agent, and the ad hoc committee recommended acceptance of the bid submitted by Aramark Uniforms. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Aramark Uniforms. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2007 -047, Uniforms for Sheriff's Department. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Lone Star Uniforms. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Lone Star Uniforms. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2007 -048, Oil Change. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by H &M Wholesale. On motion by Commissioner Cauley seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to H &M Wholesale. A copy of the bid tabulation is attached. Vol L)) Page y7 Commissioners Court meeting October 2, 2007 14 The Court next considered awarding Bid No. 2007 -049R, Janitorial Supplies. Pat Howard, Purchasing Agent, recommended renewal bid 2006 -049 with Ray Criswell Distributing Co., Inc. for an additional year. There will be a $1.00 across the board increase. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Purchasing Agent and renew the contract with Ray Criswell. The next matter before the Court was consideration of a capital requisition #0015814 to Caldwell Country Chevrolet in the amount of $41,521.00 for the purchase of a pickup truck for the Exposition Center and a pickup truck for the Brazos Center. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the capital requisition. The Court next considered a capital requisition #00015857 to Pasco Brokerage, Inc. in the amount of $11,747.69 for the purchase of two ice machines for the Exposition Center. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the capital requisition. The next matter before the Court was capital requisition #00015840 to Milliman, Inc. in the amount of $5,000 for Vol 1 U 1 Page Commissioners Court meeting October 2, 2007 15 additional actuarial evaluations needed beyond the original contract. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition. The Court next considered approval of copier lease agreements with IKON Office Solutions for copiers in the offices of Justice of the Peace, Precinct 1 and Justice of the Peace, Precinct 2 Place 2. The lease term for both contracts is 48 months but leases will be renewed on an annual basis, contingent upon funding appropriation. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the agreements and authorized the County Judge to execute the documents. The next matter before the Court was consideration of an agreement with Labor Ready to supply building /grounds laborers. The current vendor for temporary employment services has been unsuccessful in filling these positions in a satisfactory manner. Labor Ready will supply laborers to Brazos County at the rate of $10.85 per hour per laborer for the period of one year. The company does carry insurance. Bill Jeanes Risk Manager, said the County does not have a contract with this company and if the Court is going to approve this he would like it to be subject to there being a Vol ► U ► Page ICI Commissioners Court meeting October 2, 2007 16 contract. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the agreement with Labor Ready. The Court next considered the declaration of surplus property as salvage. This property was advertised for sale in accordance with Local Government Code §263.152 and received no bids. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to declare the property as salvage and authorized its destruction or other disposal. A list of the property is attached. The Court next considered awarding the annual contract for inspection and maintenance of the chill and hot water loop systems. Marcia Mann, Senior Buyer recommended awarding the contract to Fort Bend Services. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to Fort Bend Services. A copy of the bid tabulation is attached. The next matter before the Court was consideration of Amendment No. 1 to the Interim Agreement between Brazos County and Rosser International, Inc. for the Jail Addition. The amendment is in the amount of $573,369.43. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Vol 10 I Page [ 5o Commissioners Court meeting October 2, 2007 17 Court voted unanimously to approve Amendment No. 1. A copy is attached. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right -of -way of Old Macey Road approximately 0.1 mile from its intersection with Macey Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Riverstone Subdivision Phase One 38.152 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comments: 1) No concrete driveways or sidewalks in county right -of -way. 2) Permanent mounted mailbox face shall be 5 feet from the edge of the roadway driving surface and shall not impede drainage. Commissioner Cauley moved to approve the final plat. Commissioner Mallard seconded the motion. Gary Arnold with the Road & Bridge Department said that an additional requirement needed to be added stating that the maximum size Vol 101 Page 151 Commissioners Court meeting October 2, 2007 18 for a house on Lot 9, Block 1 is 2,500 square feet. Commissioners Cauley and Mallard withdrew their motion and second. Then on motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the final plat of Riverstone Subdivision, Phase One, 38.152 Acres with the addition of the requirement noted by Gary Arnold. The Court next considered the request from Verizon Communications to construct a buried cable installation in the right -of -way of Steephollow Road beginning at address #7623 extending for a distance of 156 feet to address #7701. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of acceptance of Peach Crossing into the Brazos County road maintenance system. The roads Peach Crossing Drive, Freestone Drive, Red Haven Court and Early Amber Court and the drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. The site is located Vol I a 1 Page 15.7-. Commissioners Court meeting October 2, 2007 19 in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the previously mentioned roads into the Brazos County road maintenance system. The Court next considered a payment authorization in the amount of $612.50 payable to Sheiness, Scott, Grossman & Cohen, LLP for legal services rendered to the Brazos County Bail Bond Board through June 30, 2007. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization in the amount of $1,291.86 payable to Wilton's Office Works for a desk plus installation charges. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Extension Service reports for September 2007 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Vol 1 0 1 Page 153 Commissioners Court meeting October 2, 2007 20 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge A copy of the Officials' reports can be viewed in the County Auditor's office. There were no announcements of interest items and possible future agenda topics. There was no citizen input and /or concerns. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 10 I Page 15+ The foregoing minutes of the Commissioners Court meeting held October 2, 2007 have been examined and are approved in open Court this the I�+-%- day of NIL( -Ck— , 2008 in Bryan, Brazos County, Texas. Randy SAS Count Judge Duane Peters Commissioner, Precinct 2 Q bsq t- Carey Cauley, Jr. Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol 101 Page 155. BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) k- //4n) G t-- DAY OF Qdu��— i Organization (PLEASE PRINT) L�vde- `g yc- 06 V� , l� �vole, L A\j Gni v�dveu/ I � 1/110 J S � i 3 vCa 60 Pg 1 0f_4. ��zo5 ucj-(fQ-,4 COL &n wnr c lk r� n Co t I 0-a (�j � 1 olle VOL iOl PAGE I51,o BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 2007 Q(C-cc� AMA, Name (PLEASE PRINT) i 5 kt l Le4 K. li'Dws Organization (PLEASE PRIN 12 e - Pg ? of 't BRAZOS COUNTY COMMISSIONER'S COURT DAY OF &4� , 20 a-7 AM /I, Name (PLEASE PRINT) CIA, �L 1001�11-e e-- uni Organization (PLEASE PRINT) C � nn cx; oa, � v✓ r ►�I p��G r �Sl Pg .5 of _ Pg of_� BRAZOS COUNTY COMMISSIONER'S COURT a DAY OF D , 20e7 q ao AM /, Name (PLEASE PRINT) pi k, l 5"j" KlAk RNdl ��71T mil 4vl`� Organization (PLEASE PRINT) k4A- QtA- C o,,-S C 131 � nq ar BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-47.1 thru 06/07 -47.7 On this the 2 °d day of October 2007 at a special called session 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, H j 4) T G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 2 October 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 2nd day of October 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy Skis, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes V`01 101 PAGE C7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 47.1 10/2/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 48097000 CR FBI - Terrorist Investigation 1,300.00 0100 281000 51620000 DR Hourly - Overtime 1,000.00 01001 281000 53100000 DR Social Security 75.00 0100 281000 53200000 DR I Retirement 200.00 0100 281000 53800000 DR Workers' Com . 25.00 Sheriffs Department: To set up the budget for FY07 JTTF Grant. One of the Department's deputies has been accepted to work on the JTTF Program and the rant is to cover his overtime. Prepared By: fd Date: 9/24/2007 Dep ment pproval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 47.3 10/2/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4205 63420500 51620000 CR Hourly - Overtime 569.59 4205 63420500 53300000 CR Em to ee Health Insurance 459.47 4205 63420500 60360000 CR Furniture 4,604.98 4205 63420500 60600000 CR Office Supplies 27.16 4205 63420500 67050000 CR Appliances 2.80 4205 63420500 67342000 CR Furniture 2,896.14 4205 63420500 80101000 DR Building Renovations 8,560.14 Certificates of Obfi ation 2005 To reallocate budget to rovide for the final payment to Unisys for renovations to the Maxwell Buildin . h �' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 47.4 10/2/2007 FD DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 4500 63000500 80130000 DR Building - Jail Additions 98,170.00 4500 49028000 CR Transfers from Gen. Fd 98,170.00 0100 91110000 DR Transfers to Gen. Cap. Im r. 98,170.00 0100 11001500 61130000 CR Contingency 98,170.00 General Capital Improvement Fund - To move moneys from contingency for the architect. The original was based on a $35 million budget an d this increases it to $45 million. Byte kd Dot 9%26400'. VOL V PAGE. I bb BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 47.5 10/2/2007 Prepared By:- kdo Dates, 9/27/20.01: Department;A prow thty ud . Approval` YOL1 DI PAGE 10 1 11 X111 11 • � 1.11 �• _ r • 111 11 Inpatient Services 111 11 _ • • • • - •. • • - • • • - �. • • :: 111 • •. - Prepared By:- kdo Dates, 9/27/20.01: Department;A prow thty ud . Approval` YOL1 DI PAGE 10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 47.6 10/2/2007 FD DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 22000100 61900000 CR Visiting - Court Reporter 700.00 0100 22000100 52500000 DR Contract Services 700.00 85th District Court: To reallocate budget to ay the contracted bailiffs. PrepareiW� fd: L -� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 47.7 10/2/2007 �� .. . : ACCOUNT NAME Contract Placement-- Prepared By: fd Date: 9/28/2007 County Judge Approval Date VOL 10) PAGE �lL BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007 -2008 BUDGET YEAR NO. 07/08-1.1 thru 07/08 -1.12 On this the 2 "d day of October 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 b G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 2 October 2007 the Court heard and approved a budget amendment for the 2007 -2008 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 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of October 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VG 001 FACE W BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.1 10/2/2007 Prepared By: iq Date: 9/25/2007 t • c • . • / . i _LDI _P �g '® ACCOUNT Weirs ml WWI Cell Phone Allowance Key rl me Contingency .. - -� blemblisivIllr4 M. re? me Prepared By: iq Date: 9/25/2007 t • c • . • / . i _LDI _P �g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 -1.2 10/2/2007 c Department Approv Dat Prepared By: ifj - - Date: 9/25/2007 � 1 County JucIde Approval Date UL 161 Fi E� - -• - ACCOUNT NAME - M .ss• ine eso .. - -� . . ..- - . fl, MWENTiff-'ViTTeMilarells •• g1liFiMe ..- Ii . • F-4 MWA c Department Approv Dat Prepared By: ifj - - Date: 9/25/2007 � 1 County JucIde Approval Date UL 161 Fi E� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.3 10/2/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 0100 24201200 71500000 DR I Rental -Equipment 2,000.00 0100 24201200 65200000 CR lCopier Maintenance 1 2,000.00'1 Justice of the Peace Pct. 2.2: Munoz To reallocate funds to allow for the rental of a copier. Department Approval Date Prepared By: ifj f Date: 9/25/2007 County Judg6 Approval Date VU )01 PAGE Jib 170 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.4 10/2/2007 FD DIV ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease 0100 28000100 51610000 CR Hourly - Staff 1,740.48 0100 28000100 71030000 DR Employment Services 1,740.48 Sheriffs Office: To reallocate funds to cover the costs of the em to ment services contract during FY 2007 -2008. Prepared By: ifj Date: 9/25/2007 Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.5 10/2/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3300 28050000 53300000 DR Employee Admin Fee 5,700.00 3300 28050000 53320000 DR Em I . Dental Insurance 96.00 3300 28050000 53101000 DR Flex Benefit Admin Fee 66.00 3300 28050000 61130000 CR Contingency 5,862.00 Sheriff Department Crime Fund: To provide position with health insurance benefits for Secretary position Class Code 4455 Grou 12 Ste 2. The grant funding for the new reorganized Clear Team is expected soon. Prepared By: ifj Date: 9/25/2007 O-ZS v Department AjWroval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.6 10/2/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12000100 51610000 CR Hourly - Staff 5,350.00 0100 12000100 51640000 DR Hourly - Temporary 5,350.00 Treasurers Office: To fund two art -time, temporary ositions with Class Code 1008, positions 1 and 2. Prepared By: iq Date: 9/26/2007 Department Approval Date vL fsL rt 114 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.7 10/2/2007 FD DIV ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease 0100 31000100 60360000 DR Furniture 288.00 0100 31000200 60360000 DR Furniture 1,502.00 0100 31000200 67342000 DR Furniture 6,001.00 0100 31000300 60360000 DR Furniture 4,097.00 0100 31000300 67342000 DR Furniture 887.00 0100 11001500 61130000 CR Contingency 12,775.00 Juvenile Services To appropriate funds for furniture that was scheduled to be received in FY 2007. Due to unforeseen delays, furniture is not expected to arrive until the beginning of new fiscal yea r 2008. Prepared By: iq Date: 9/26/2007 Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.8 10/2/2007 Prepared By: ifj' Date: 9/26/2007 Department Approval Date ACCOUNTNAME Equipment - Other ��ffff@Tojfff n@W-309 contingency of of -• to I -. a 03 - - -. Fol ANT9107M -- I oil N- MOM its] 111,173 Prepared By: ifj' Date: 9/26/2007 Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.9 10/2/2007 �� IIIIIIIIFTTRTR EUTeMPUM ACCOUNT-NAME KNFTRUMI��� Vehicle Maintenance -- Forfeitures Constable Pct 2: Lampo -- Prepared By: 114 Date: 9/26/2007 Department Approval Date *VL IN 'A'E 171 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 1.10 10/2/2007 �� ACCOUNT K1691021010111 ���'�Furniture Juvenile Court Referee: -_ -- Prepared By: iq Date: 9/27/2007 Department Approval Date i 'I ibj # L� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.11 10/2/2007 FD DIV ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease 0100 30401100 67890000 DR Vehicle Equipment 1,300.00 0100 30401100 80890000 CR Vehicle 1,300.00 Constable Pct 4: Butler To provide funding for a radar to install in a new vehicle. Prepared By 1 q Date: 9/27/2007 Department Approval Date ounty Judge Oproval Date V �L I (J)_PAruE 17 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -1.12 10/2/2007 FD DIV ACCT PROJ DR /CR ACCOUNT NAME Increase Decrease 4500 63000500 80050000 CR Appliances 3,900.00 4500 63000500 67050000 DR Appliances 3,900.00 Ca ital Improvement Fund To move funds to the proper account number for the purchase of an ice machine at the Exposition Complex. Prepared Icy: i! Date: 9/27/2007 Department Approval Date L 101 PERSONNEL CHANGE OF STATUS REQUESTS C Commissioner Court Date: October 2, 2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Anderson, Justin Budgetary Change Anderson, Rodney Budgetary Change Bailey, Brenda Budgetary Change Ballard, William Budgetary Change Baughman, Kaisha Budgetary Change Biddle, Scott Budgetary Change Burkhalter, Tammy Budgetary Change Cooper, Billy Budgetary Change Dowling, Sondra Budgetary Change Eplen, Rebecca Budgetary Change French, Stephanie Budgetary Change Giles, Spencer Budgetary Change Higginson, David Budgetary Change Jadlowski, Melissa Budgetary Change Magness, Judith Budgetary Change Matzke, William Budgetary Change Montoya, Raymond Budgetary Change Phariss, Jack Budgetary Change Price, Richard Budgetary Change Risinger, Brian Budgetary Change Sifuentez, Laura Budgetary Change Snelling, Tina Budgetary Change Vasquez, Jessica Budgetary Change Wilkes, Tiffany Budgetary Change County Clerk King, Betty Promotion Waskow, Deborah Promotion Clear Team Ledesma, Ricardo Transfer to Another Dept. Lindsey, Shayla Transfer to Another Dept. Welch, Mike Transfer to Another Dept. Constable Pct. 3 County Judge District Attorney District Clerk Exposition Center Information Technology Young, Terry Matejka, Joe Cordero, Joe Baker, Brian Brick, John Carter, Melissa Comte, Kara Crenshaw, Cory Escue, Jessica Hilburn, David Howell, Doug James, Andrea Jones, Michael Parsons, Jarvis Phelps, Shane Price, Brian Schwartz, Bryan Smith, Danny Thomas, Ray Cobb, Lynsey Deno, Kay Guthrie, Lindsey Speakmon, Lyndsee Chapman, Lora George, Brandi Horn, Richard Knighton, Daryl Patten, Josh Wolfe, Matthew to Transfer to Another Dept. Cell Phone Allowance New Hire Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Budgetary Change Resignation Transfer within Dept. New Hire Transfer within Dept. Budgetary Change New Hire Cell Phone Allowance Cell Phone Allowance & Transfer within Dept. Cell Phone Allowance Cell Phone Allowance Justice of the Peace Pct. 1 Box, Mary Reclassification Guzman, Gina Reclassification Justice of the Peace Pct. 2.1 Estrada, Leticia Reclassification Shilling, Carmen Reclassification Washington, Johnetta Reclassification Justice of the Peace Pct. 2.2 Munoz, Tommy Cell Phone Allowance Juvenile Services Ellison, Jannifer Transfer within Dept. Hicks, Amanda Transfer within Dept. Hurley, Joe Resignation Mayberry, Tony New Hire Price, Delbert Budgetary Change Weber, Sandra Resignation Juvenile Court Referee Gore, Glynis Budgetary Change Magistrate Zachary, Dana Budgetary Change Road and Bridge Garcia, Edward Resignation Iverson, Charles Budgetary Change Marion, Eric New Hire Telg, Darwin Budgetary Change Sheriff s Office Fraley, Kristopher Cell Phone Allowance Kristoff, William Cell Phone Allowance Wager, Jason Cell Phone Allowance SO /Jail Wright, Kathryn New Hire Tax Office Sifuentez, Patricia Salary Supplement Treasurer's Office Conlee, Cathy Budgetary Change Kornegay, Ashley Budgetary Change y Approved in Commissioners' Court: October 2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) l di �3 BRAZOS COUNTY BRYAN, TEXAS ORDER NO. 07 -004 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND 'J IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of the Local Government Code. ADOPTED this 2nd day of October, 2007, by a vote of ayes and -� nays. ATTEST: Karen McQueen, County Clerk Office of the County Judge • 300 East 26" St. • �Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503 STATE OF TEXAS COUNTY OF BRAZOS Azleway, Inc. Therapeutic Wellness Camp Residential Services ?�-16 (��) 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 Service f ��� nt (collectively referred to as "Juvenile Probation ") and Azleway, Inc. Therapeutic I=s lamp, 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 3 1, 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 "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. Azleway, Inc. Therapeutic JP�Hmens Camp 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 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 Nvorker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. P,j,Q(, 2 of 14 V"AJOI PAGE rvc I(fGMPSS A::1envcn', Inc. Therapeutic W eihie,m Camp 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 detenmining 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 3ofla ZE 8� A-1eivay, Inc. Therapeutic Wielipt Camp 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 terns 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 aJ 14 '0 L A A=lewcry, hrc. Therapeutic W4 Camp 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 i�� q',-,°,°1 J ' �a/e�nass Azlexva�-. Inc. Therapeutic FPeffness Camp 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 confinned by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. Pagc 6 14 Gj%G%ler -ners A71eway, Inc. Therapeutic Wrliness Camp 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 tinder 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 W %dernes s Azleinay, Inc. Therapeutic We� Camp 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 fiords. Service Provider further agrees to cooperate fiilly 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 A /der "d u A<lewgv, Inc. Therapeutic Wt4hress Canip 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 I- 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 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 93 C elwess ,111eway, Inc. Therapeutic Y Camp Residential Services Agreement September 1, 2007-August 31, 2008 ARTICLE X11 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 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 A<leway, Inc. Therapeutic WrWrHmss Cn p Residential Services Agreement September 1, 2007- August 31, 2003 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 - E (95 Gt/i/der•I--cr Azleway, Inc. Therapeutic We*tess Camp Residential Services Agreement September 1, 20017- August 31, 2008 D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XXl VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Page 12 o/ 14 ;(der ')ess Azleway, Inc. Therapeutic fellness Camp 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 tv Juvenile Board Chairman Doug Vance, D, Executive Director Juvenile Services Department S nCA G CY Aut n e ignature 13i I l -- r- +'r dq PRINTED name of person signing thiscontract PRINT FACILITY NAME AND ADDRESS: I y- -7 580 3. PRINT BILLING NAME AND ADDRESS: �Z/e' /nc 15s9 a C'��62 y �e 54 7-5707 PRINT NAME OF BILLING CONTACT PERSON: ,tae /j 1%e 114 CPS LICENSING REPRESENTATIVE: 1��d�c�iL / /af-d Id- 02%7 Date Date Off' /2 ,F/d 7 Date 36tCu+ rave eG�c- Title FACILITY TELEPHONE NUMBER: BILLING TELEPHONE NUMBER: N63) 5 (o - 94gL1 e& 224 FEDERAL TAX IDENTIFICATION NUMBER: 75 -- / qO 3 7� A CPS TELEPHONE NUMBER: NO3) 533- Page 13 (?1-14 9 Azleway, Inc. Therapeutic Camp 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 u1 14 )FPS - Rates for 24 -hour Residential Child -Care Reimbursements httpsJivAww.dfps. state. tx. us /PCSi rates childcare_reimbursement. asp [ WcD version LX AS Font Size: _J J 1; Department OI Family it)d Protective Serviccs of 1 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 I FY 2008 i [Basic Child Placing Agency $38.59 j 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 i Emergency Shelter $106.22 Minimum Daily Amount to be Reimbursed to a Foster Family* FService Level FY 2008 Basic $21.44 F 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.— "'JP1 8/31/2007 8/31/2007 2:41 PM y THE STATE OF TEXAS �F/ (�) COUNTY OF BELL BELL COUNTY JUVENILE FACILITY CONTRACT AND AGREEMENT This contract is between the Bell County Juvenile Board, acting through its duly authorized representatives and Brazos County Juvenile Probation acting through its duly authorized representatives. The facility serves as a pre- adjudication and post residential facility and has been duly inspected and certified as suitable for the detention of children. The facility is operated by Bell County. In addition to detention, the facility provides a long -term residential treatment program in accordance with the applicable Texas Juvenile Probation Commission Standards. I . The term of the Contract shall be for a period of one year from the effective date; if either party hereto feels in its judgment that the Contract cannot be successfully continued and desires to terminate this Contract, then the party so desiring to terminate may do so by notifying the other party in writing, (30) thirty calendar days from the date the Notice to Terminate is received. 2. The facility will provide program components, room, board, supervision and care (24) twenty -four hours per day. At a minimum, program components will include educational programs, counseling programs, and process groups. Additional programs provided for the long -term residential program would include anger management, life skills, and a substance abuse component. 3. The facility identifies goals and outputs for each long term resident and documents measurable outcomes which relate to program objectives. 4. The Contracting County agrees to pay the facility the daily rate of $95.00 per day for each day a juvenile is in detention and the daily rate of $95.00 per day for each day a juvenile is in the long -term program. Bell County will be responsible for accounting, billing, and payments for the operation of the facility and all contracting counties shall pay in accordance with directives of Bell County. 5. If emergency examination, treatment, or hospitalization outside the facility is required for a juvenile placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the Contracting County and to bill the Contracting County for the same. The Facility Administrator or his representative will notify the juvenile probation Cal ` ago officer within (24) twenty -four working hours of its occurrence. The Facility Administrator is further authorized to approve transfers to other tertiary care centers when the situation warrants. In the absence of the Facility Administrator, the supervising officer is authorized to secure medical services and approve the transfer. The Contracting County further agrees to reimburse Bell County for all medical expenses medically necessary to the health, safety, and welfare of the County's juvenile. 6. Each juvenile placed in the facility by the Contracting County shall be placed therein under proper order of the Juvenile Court. At a minimum, the order shall require each juvenile to follow the rules and regulations of conduct as fixed and determined by the Facility Administrator and the staff of the facility. The Contracting County must remove the juvenile before the expiration of the order. 7. If a juvenile from the Contracting County is accepted by the facility and such juvenile thereafter is found, in the sole judgment of the Facility Administrator, to be either mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or characteristics, or whose mental or physical health condition would or might endanger the juvenile or the other occupants of the facility, then upon such detennination and notification by the Facility Administrator to the Contracting County, the Contracting County shall remove or cause to be removed such juvenile from the facility. 8. Acceptance of the juvenile into the detention facility will be determined by space availability. In the event overcrowding exists in the detention facility, Bell County maintains the right to ask the Contracting County to remove the juvenile(s). Contracting counties may reserve Post - Residential beds. 9. Under Section 231.006 of the Family Code, the facility certifies that the entity named in this contract is not ineligible to receive the specific grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 10. The facility adheres to all applicable state and federal laws and regulations pertinent to its provision of services. 11. The facility accounts separately for the receipt and expenditures of any and all funds received under this contract. 12. The facility maintains all applicable records for a minimum of three years or until any pending audits and all questions arising thereof have been resolved. 13. The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or it's 1011 successor in the conduct of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 14. The facility will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed, race, color, sex, or national origin. This Contract is in lieu of all previous contracts between Brazos Juvenile Probation and the Contracting County for these purposes. Said previous Contracts to terminate, become null and void, and be of no further force or effect on the date this Contract becomes effective. Effective September 1, 2007 thru August 31, 2008. Chairman, Juvenile Board Bell County Juvenile Court Judge Bell County Juvenile Board unty Juvenile Probation Chief Juven Probation Officer Brazos County Juvenile Probation tbI gA) STATE OF TEXAS COUNTY OF BRAZOS Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services September 1, 2007- August 31, 2008 This Agreement is entered into by and between the Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation ") and Cornell Corrections of Texas, Inc., operating Texas Adolescent Treatment Center, licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Youth Commission, Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2007, and ending August 31, 2008. It shall be automatically renewed for one year terms thereafter, commencing September I` and ending August 31st , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level i. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or Page I of 14 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 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. B. Moderate Level (Not Applicable) 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 (Not Applicable) 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. Page 2 of 14 i_n i 0 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 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. 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 of 14 lot o� Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 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 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center 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 10 l 10 .7 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Business Manager. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE 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 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his /her return. To this end, Juvenile Probation agrees to pay Service Provider the 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 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE VII EXAMINATION OF PROGRAM AND RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and /or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE 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 :1 ©I 10 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877- 786 -7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823 -4211 (ATTN: Chief Probation Officer). ARTICLE X DISCLOSURE OF INFORMATON 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. Page 9 of 14 f bl : 0"II Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be 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 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 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 Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed 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 - 1- 10 11 any. Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center 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, Cy Judge And Brazos C I crfinty Juvenile Board Chairman Doug Vance, PbR, Executive Director Juvenile Services Department SERVICE AG NCY Authorized ignature Jonathan P. Swatsburg PRINTED name of person signing this contract PRINT FACILITY NAME AND ADDRESS: .I I V In 15,7M 8550 Huebner Road San Antonio, TX 78240 PRINT BILLING NAME AND ADDRESS: PO Box 4633 Date 9- 1 q 1 0 '�- vate Date Senior Vice President I Me FACILITY TELEPHONE NUMBER: 210 - 568 -8500 BILLING TELEPHONE NUMBER: (713) 235 -9368 Houston, TX 77210 -4633 PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER: Rosemary Vegas, Sr. Accounts Receivable 74- 2650651 Manager CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: PcWe 13 u/ 14 t, )FPS - Rates for 24 -hour Residential Child -Care Reimbursements https : / /�&AvNv.dfps. state. tx. us /PCS/ rates _childcare_reimbursement.asp EXA 3 Web version L 3 , Font Size: � � C�eE.�artmc�l�t f��i Family illlfl Protective, SclviC�,S 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 I $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 l 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 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 1, of a1� of 1 '� 8/31/2007 2:41 PM Cornell Corrections of Texas, Inc., Texas Adolescent Treatment Center Residential Services Agreement September 1, 2007- August 31, 2008 EXHIBIT A BASIC LEVEL $37.00 (Not Applicable) MODERATE LEVEL $82.22 (Not Applicable) SPECIALIZED LEVEL lltlt-zo $126.49 INTENSE LEVEL - $20 -7.62 $222.19 EMERGENCY SHELTER Page 14 of 14 $96.61 (Not Applicable) IO1 07 THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, ACCJD /ARRJBC @), and Brazos County Juvenile Probation Department (hereafter, CONTRACTOR), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child =s functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board; WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ ARRJBC to CONTRACTOR on a space available basis. CCJD/ ARRJBC and CONTRACTOR agree that except in emergency situations, CCJD /ARRJBC.will give CONTRACTOR forty -eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ ARRJBC will notify CONTRACTOR within twelve (12) hours of the juvenile =s expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTOR agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child =s medical insurance does not cover the cost. CCJD/ ARRJBC shall notify CONTRACTOR of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTOR shall pay the sum of SEVENTY -FIVE DOLLARS ($75.00) per day per child for each day the CONTRACTOR has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTOR of CCJD/ ARRJBC monthly invoicing. Payment shall be made to Cameron County Juvenile Probation Department, PO Box 1690, San Benito, TX. of ass 5. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (1) One copy of the signed Dispositional Order with the conditions ordering the child into placement; and (2) Parents' notification of child's whereabouts. 6. Transportation: CCJD/ ARRJBC shall provide transportation to and from CONTRACTOR's facility to ARRJBC. Times and dates will coordinated by both agencies. 7. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 8. No mechanical restraints will be used on a child placed by the CONTRACTOR, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 9. CONTRACTOR may examine and evaluate the services and the records maintained by CCJD / ARRJBC under this contract, and CCJD / ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTOR, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 10. Confidentiality and Indemnification: In consideration of CCJD / ARRJBC and/ or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTOR, CONTRACTOR agrees to indemnify and hold harmless CCJD / ARRJBC for any damages and/ or claims, including, but not limited to attorney =s fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ ARRJBC providing the information or records to CONTRACTOR. 11. CCJD/ ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2087) for placement of CONTRACTORS children. 12. CCJD/ ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 13. CCJD/ ARRJBC will submit to CONTRACTOR at the end of each month a bill for services, which includes the following information for each youth referred to and 3 served that month under this contract: the youth =s name; the program to which the youth was admitted; dates that the youth was served; a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amount of such funds collected by the Service Agency. 14. CCJD/ ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 15. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 16. CCJD/ ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTORS= provision of services. 17. CCJD/ ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 18. CCJD/ ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non - expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three -year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTOR and CCJD/ ARRJBC. AContract period@ means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 19. If a youth makes an unauthorized departure from CCJD / ARRJBC, the CONTRACTOR shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days= payment. 20. The term of this Contract shall commence on September 1, 2007 and shall end on August 31, 2008. 21. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 22. If CCJD /ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTOR may, upon written notice of default to CCJD /ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but will be in 4 addition to any other rights and remedies provided by law or under this contract. 23. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 24. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 25. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 26. At the end of the contract term or other contract termination or cancellation, CCJD /ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTOR, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTOR shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD /ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTOR of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTOR =S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY -- Services shall be provided by CCJD/ ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD/ ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 2. AMERICANS WITH DISABILITIES ACT - -CCJD/ ARRJBC expressly represents and warrants to the CONTRACTOR that the premises, the building in which the ,Jbi aai services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89- 670,104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTOR >S right of access to client case records or other information relating to clients served under this contract. The CONTRACTOR shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: 1904 W SH 21, Bryan, Texas 77803 to the Chief Tuvenile Probation Officer, Douglas Vance. All notices to Cameron County Juvenile Department/ Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief, Cameron County Juvenile Department, P.O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD /ARRJBC may otherwise designate. 6 EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the ,�ry-'k day of 2007. BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT - BY: DOUGLKS VANCIE HON. R DY SIMS Director /Chief Juvenile Probation Officer Coun Judge CAMERON COUNTY JUVENILE PROBATION DEPARTMENT M BY: TOMMY RA(VIIRE ,A Chief Execute icer �� Idl'�s...: a� Juvenile Board Chairperson CONTRACT FOR RESIDENTIAL SERVICES 90 DAY SHORT TERM PROGRAM PAM (PRIDE- ATTITUDE- MOTIVATION) BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT FY 2008 ol as �1 THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ ARRJBC "), and Brazos County Juvenile Probation Department (hereafter, CONTRACTOR), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board; WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD / ARRJBC to CONTRACTOR on a space available basis. CCJD / ARRJBC and CONTRACTOR agree that except in emergency situations, CCJD/ ARRJBC will give CONTRACTOR forty -eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ ARRJBC will notify CONTRACTOR within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTOR agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child's medical insurance does not cover the cost. CCJD/ ARRJBC shall notify CONTRACTOR of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTOR shall pay the sum of SEVENTY -FIVE DOLLARS ($75.00) per day per child for each day the CONTRACTOR has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTOR of CCJD/ ARRJBC monthly invoicing. Payment shall be made to Cameron County juvenile Probation Department, PO Box 1690, San Benito, TX. 78586 5. Length of stay would be a minimum of 90 day PAM (Pride- Attitude- Motivation) for short term placement. 6. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (1) Two copies of the signed Dispositional Order with the conditions ordering the child into placement; and (2) Parents' notification of child's whereabouts. 7. Transportation to placement: Placing CONTRACTOR shall provide transportation to and from ARRJBC. Times and dates will coordinated by both agencies. 8. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 9. No mechanical restraints will be used on a child placed by the CONTRACTOR, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 10. CONTRACTOR may examine and evaluate the services and the records maintained by CCJD /ARRJBC under this contract, and CCJD /ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTOR, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 11. Confidentiality and Indemnification: In consideration of CCJD/ ARRJBC -and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTOR, CONTRACTOR agrees to indemnify and hold harmless CCJD/ ARRJBC for any damages and /or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ ARRJBC providing the information or records to CONTRACTOR. 12. CCJD /ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2087) for placement of CONTRACTORS children. 13. CCJD/ ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 14. CCJD/ ARRJBC will submit to CONTRACTOR at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract: the youth's name; the program to which the youth was admitted; dates that the youth was served; a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amount of such funds collected by the Service Agency. 15. CCJD/ ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 16. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 17. CCJD/ ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTORS' provision of services. 18. CCJD /ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 19. CCJD / ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non - expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three -year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTOR and CCJD/ ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 20. If a youth makes an unauthorized departure from CCJD/ ARRJBC, the CONTRACTOR shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment. 21. The term of this Contract shall commence on September 1, 2007 and shall end onAugust31, 2008. 22. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 23. CCJD / ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTOR may, upon written notice of default to CCJD / ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or ion aa� under this contract. 24. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 25. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 26. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 27. At the end of the contract term or other contract termination or cancellation, CCJD/ ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTOR, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTOR shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTOR of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTOR'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY -- Services shall be provided by CCJD /ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD / ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 5 4 2. AMERICANS WITH DISABILITIES ACT - -CCJD/ ARRJBC expressly represents and warrants to the CONTRACTOR that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89 -670, 104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated there under, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTOR'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTOR shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: 1904 W. Hw 21,Bryan, Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. All notices to Cameron County Juvenile Department /Amador R. Rodriguez juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief, Cameron County Juvenile Department, P. O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD/ ARRJBC may other wise designate. 6 N EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the r�ol day of Caulk'(— , 2007. BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT BY: DOUGLAS VANCE Director /Chief Juvenile Probation Officer CAMERON COUNTY JUVENILE PROBATION DEPARTM4BY: BY: TOMMY RA JR. NET L AL Chief Executive ficer e Board Chairperson 1101 93D STATE OF TEXAS COUNTY OF BRAZOS Portia Smith Positive and Total Difference II Workshop Non - 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 Portia Smith ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide one workshop for each phase of the JSCC program. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2007, and ending August 31, 2008. ARTICLE III SERVICES 3.01 The service providers shall: A. Provide six (6) hour workshop for each phase of the JSCC program B. Accept all juveniles assigned to the program and ensure each participates in workshop. C. Service Provider shall provide regular progress reports after each workshop. D. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation. 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 workshop. 2. Prevent re- referrals of children during the six (6) months following completion of workshop. to/ a31 B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures: 1. The total number of juveniles completing workshop. 2. The total number of re- referrals of children completing workshop within six months of completion. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of juveniles who successful complete workshop. 2. Percentage of juveniles who have completed workshop and not re- referrals within six (6) months of completion. 4.02 Service Provider shall report on an annual basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will 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 for the above - mentioned services, Juvenile Probation agrees to pay Service Provider forty dollars $40.00 per participant. 5.02 Service Provider agrees to reduce the amount of each invoice for services by that amount received from other sources for said services. (Reimbursement terms for contractors NOT serving clients) OR 5.02 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) of the parties receiving the services, the dates and times services were provided. (Reimbursement terms for contractors serving clients) 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer 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 the hours worked, attributed to specific clients if appropriate; date service was rendered; the hourly rate; the 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. 5.04 Service Provider agrees to make claims for payment or direct any payment disputes to the Juvenile Probation Fiscal Officer. Service Provider will not contact other Juvenile Probation employees regarding any claims for payment. 5.05 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. �D� a3a ARTICLE VI EXAMINATION AND RETENTION OF RECORDS 6.01 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. 6.02 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. 6.03 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 VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to juveniles 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 VIII DUTY TO REPORT 8.01 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 is under the supervision of Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Brazos County Sheriffs Office); and 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. VOL I �I PAGE 0?33 ARTICLE IX DISCLOSURE OF INFORMATON 9.01 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 X EQUAL OPPORTUNITY 10.01 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. ARTICLE XI ASSIGNMENT & SUBCONTRACT 11.01 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. a34 ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 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 XIII DEFAULT 13.01 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. 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. 13.02 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 XIV TERMINATION 14.01 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. 14.02 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. ARTICLE XV WAIVER OF SUBROGATION 15.01 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 X V I INDEMNIFICATION 16.01 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 or Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 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 XVIII REPRESENTATIONS & WARRANTIES 18.01 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, the County of Brazos, 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 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 XIX TEXAS LAW TO APPLY 19.01 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. M/ 11�;/n ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXI ADDITIONAL TERMS 21.01 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. 21.02 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 withheld if this certification is inaccurate. 21.03 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. 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 AMENDMENTS 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. EXECUTED IN DUPLICATE [or TRIPLICATE — see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. 1 BRAZOS NT L ARD PO TH BY: s' ' /mss'iJl�iu7 BY: Judge Ra Sims, Chairman Portia Smith— Brazos ounty Juvenile Board Full Title BY: Doug Vance-' Chief Probation Officer Brazos County Juvenile Services Department poi a3� x� STATE OF TEXAS COUNTY OF BRAZOS Traci Thomas Mentor Program Non - 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 Traci Thomas ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide one workshop for each phase of the JSCC program. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2007, and ending August 31, 2008. ARTICLE III SERVICES 3.01 The service providers shall: A. Provide six (6) hour workshop for each phase of the JSCC program B. Accept all juveniles assigned to the program and ensure each participates in workshop. C. Service Provider shall provide regular progress reports after each workshop. D. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation. 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 workshop. 2. Prevent re- referrals of children during the six (6) months following completion of workshop. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures: ,� /h 1. The total number of juveniles completing workshop. 2. The total number of re- referrals of children completing workshop within six months of completion. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of juveniles who successful complete workshop. 2. Percentage of juveniles who have completed workshop and not re- referrals within six (6) months of completion. 4.02 Service Provider shall report on an annual basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will 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 for the above - mentioned services, Juvenile Probation agrees to pay Service Provider $570.00 per workshop. 5.02 Service Provider agrees to reduce the amount of each invoice for services by that amount received from other sources for said services. (Reimbursement terms for contractors NOT serving clients) OR 5.02 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) of the parties receiving the services, the dates and times services were provided. (Reimbursement terms for contractors serving clients) 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer 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 the hours worked, attributed to specific clients if appropriate; date service was rendered; the hourly rate; the 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. 5.04 Service Provider agrees to make claims for payment or direct any payment disputes to the Juvenile Probation Fiscal Officer. Service Provider will not contact other Juvenile Probation employees regarding any claims for payment. 5.05 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. 00 ARTICLE VI EXAMINATION AND RETENTION OF RECORDS 6.01 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. 6.02 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. 6.03 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 VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to juveniles 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 VIII DUTY TO REPORT 8.01 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 is under the supervision of Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Brazos County Sheriff's Office); and 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. ARTICLE IX DISCLOSURE OF INFORMATON 9.01 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 X EQUAL OPPORTUNITY 10.01 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. ARTICLE XI ASSIGNMENT & SUBCONTRACT 11.01 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 XII OFFICIALS NOT TO BENEFIT 12.01 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 XIII DEFAULT 13.01 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. 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. 13.02 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 XIV TERMINATION 14.01 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. 14.02 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. ARTICLE XV WAIVER OF SUBROGATION 15.01 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. ,?q3 ARTICLE XVI INDEMNIFICATION 16.01 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 or Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 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 XVIII REPRESENTATIONS & WARRANTIES 18.01 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, the County of Brazos, 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 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 XIX TEXAS LAW TO APPLY 19.01 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. �vl a�f ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXI ADDITIONAL TERMS 21.01 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. 21.02 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 withheld if this certification is inaccurate. 21.03 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. 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. i�� y5 ARTICLE XXIV AMENDMENTS 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. EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS7UN JUVENILE BOARD TRACI THOMAS /J BY. l�t-f 7 BY. Judge yvndy Sims, Chairman Traci Thomas Bra s County Juvenile Board Full Title BY: L tiGl Doug Vane Chief Probation Officer Brazos County Juvenile Services Department C MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY COMMERCIAL LEASE This lease agreement is made and entered into by and between Mental Health Mental Retardation Authority of Brazos Valley ( "Landlord "), and Brazos County Juvenile Services. Landlord hereby leases to Tenant and Tenant herby leases from Landlord the following space in the building, 623 Marylake (Building C) Bryan, Texas, 77801: Section of building C, consisting of approximately 3,680 square feet. The primary term of this lease shall be twelve months commencing on the ls` day of September 2007, and ending on the 31s` day of August, 2008 upon the following terms, conditions, and covenants: 1. UTILITIES. Tenant shall pay all charges for utility services to the leased premises: Tenant shall provide janitorial services. 2. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiration of the lease constitutes a holding over which shall be construed as a tenancy from month to at a rental of $2,318.40 per month. 3. RENT. Tenant agrees to and shall pay Landlord at P.O. Box 4588, Bryan, Texas 77805 -4588, or at such other place Landlord shall designate from time to time in writing, as rent for the leased remises, the total sum of $27,820.80 payable without demand in equal monthly payments of $2,318.40 each in advance on or before the 10`h day of each month, commencing on September 1, 2007 and continuing thereafter until the total sum shall be paid. Rent received after the 20`h day of each month shall be deemed delinquent. If rent is not received by Landlord by the 20`h day of each month, the Tenant shall pay a late charge of o per day until the rent is received in full. Tenant shall pay $25.00 for each returned check. 4. SECURITY DEPOSIT. Landlord had not required a security deposit. 5. INSURANCE. Landlord shall pay for fire and extended coverage insurance on the buildings and other improvements of the leased premises. Tenant shall provide public liability insurance in the amount of $1,000,000 and contents damage insurance of $20,000 for its operations in the leased premises. Tenant shall provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant shall be solely responsibly for fire and casualty insurance on Tenant's property on or about the leasing premises. If Tenant does not maintain such insurance in full force and effect, Landlord may notify Tenant of such failure if Tenant does not deliver to Landlord within 30 days after such notice certification showing all such insurance to be in full force and effect, Landlord may at his option, take out necessary insurance to comply with the provision hereof and pay the premiums on the items specified in such notice, and tenant covenants there upon demand to reimburse and pay Landlord any amount so paid or expended in the payment of the insurance premiums herby and specified in the notice. 6. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present as is condition as suitable of the purposes for which the saine are leased, and does hereby accept the leased premises regardless of reasonable deterioration between the date of this lease and the date Tenant begins occupying the leased premises unless Landlord and Tenant agree to repairs or refurbishment. 7. MAINTENANCE AND REPAIRS. Landlord shall keep the foundation, roof, structural components, electrical components, air conditioning and heating units, plumbing and pipes, in good repair except that in the event of repairs or replacements required due to the negligence of Tenant, Landlord shall only be responsible to pay for the prorated cost of the item to date of the repair or replacement based upon the estimated useful life of the item. If Landlord is forced to make repairs according to this subsection, and the need for such repairs is the result of Tenant negligence, then Tenant is responsible for the costs of such repairs. Tenant shall keep the leased premised in good, neat condition. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, reasonable wear and tear excepted. 8. ALTERATIONS. All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, normal wear and tear only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be in good and workmanlike manner. 9. SECURITY. Landlord shall provide Tenant with necessary keys for building entry. Tenant shall not make copies of any keys without the expressed permission of .Landlord. All lights are to be turned off, and the security system set, if appropriate, before leaving the building. 10. DESTRUCTION. In the event the leased property is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Landlord may repair the damage and restore the leased premises to substantially the same condition as immediately 2 prior to the occurrence of the casualty. Such repairs shall be made at Landlord's expense. Landlord shall allow Tenant a fair reduction of rent during the time the leased premises are partially unfit for occupancy. If the leased premises are totally destroyed or deemed by the Landlord to be rendered unfit for occupancy by fire or other casualty, or if the Landlord shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such casualty. 11. TENANT DEFAULT. If Tenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion is such abandonment or default continues for a period of ten (10) days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at 623 Marylake, Bryan, Texas, 77801, by certified mail. In the case of any other default or material breach, the lease shall be terminated upon thirty (30) days notice of any material breach or default provided that such breach has not been cured within thirty (30) days. Said time for curing the breach may be extended for such time as the party in breach is diligently seeking to cure any breach that is not reasonably capable of cure within thirty (30) days. Thereafter, Landlord or its agents shall have the right, without further notice or demand, to enter the leased premises and remove all persons and property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant, one -half of the remaining unpaid portion of the rental from paragraph 3 herein, or 2 months rent, whichever is less, shall become due and payable. 12. LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. In the event of default, Landlord or its agents may peaceably enter the leased premises and remove all property and dispose of the same as Landlord shall see fit. 13. SUBORDINATION. Landlord is hereby irrevocably vested with full power and authority to subordinate this lease to any mortgage, Deed of Trust, or other lien hereafter placed on the demised premises and Tenant agrees on demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be on the express condition that this lease shall be recognized by the mortgagee, and the rights of Tenant shall remain in full force and effect during the term of this lease so long as Tenant shall continue to perform all of the covenants and conditions of this lease. 14. INDEMNITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenants employees, patrons, visitors, invitees, or any other persons for any injury to any such person or for any damage to personal property caused by an act, omission, or neglect of Tenant or Tenant's agents. Tenant agrees to indemnify and hold Landlord and its employees and agents harmless from any and all claims for such injury and damages, to the extent allowed by law, when the injury occurs on the leased premises. Landlord shall be included as an additional insured on Tenant's insurance policy. 3 /o/ a� 15. SIGNS. Tenant shall not post or paint any signs at, on, or about the leased premises except with the prior consent of the Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 16. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointed for Tenant, Landlord may terminate this lease by giving five (5) days written notice to Tenant of Landlord's intention to do so. 17. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi - public use under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises be sold to a condemning authority under threat of condemnation, this lease shall terminate and the rent shall be abated during the unexpired portion of the lease effective from the date of the physical taking of the leased premises. 18. NOTICES. Notices to tenant shall be by certified mail or other delivery to 623 Marylake, Bryan, Texas, 77801. Notices to Landlord shall be certified mail to the place where rent is payable. 19. COMPLIANCE WITH LAWS AND REGULATION. Tenant shall, at its own expense, comply with all laws, orders and requirements of all government entities with reference to the use and occupancy of the leased premises. Tenant and Tenant's agents, employees and invitees shall fully comply with any rules and regulations governing the use of the building or other improvements to the leased premises as required by law. 20. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty, term or obligation of this lease, then Landlord's failure to cure same or commence a good faith effort to cure same within ten (10) days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant to terminate this lease. 21. SIGNS. During this lease, a "For Sale" sign and /or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 22. RIGHT OF ENTRY. Landlord shall have the right during normal business hours to enter the demised premises; (a) to inspect general condition and state of repair thereof, (b) to make repairs required or permitted under this lease, or (c) for any other reasonable purpose. 23. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 4 O 24. TIME OF ESSENCE. Time is expressly declared to be of the essence in this lease. 25. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Landlord and Tenant. 26. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statue, ordinance, or otherwise. 27. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the law of the State of Texas. 28. LEGAL CONSTRUCTION. 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 shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 29. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter of this lease. 30. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 31. ATTORNEY'S FEE. Any signatory to this lease agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this lease agreement or this transaction shall be additionally entitled to recover court costs, reasonable attorney fees, and all other out -of- pocket costs of litigation, including deposition, travel and witness costs, from the non - prevailing party. 32. SPECIAL CONDITIONS. a) Lessee is herein granted an option to renew this lease upon reasonable terms and conditions acceptable to both parities herein. Negotiation for renewal is to be made 5 _ _ d-51 _tot . three months prior to the end of each lease period. This lease can be terminated with 30 days written notice, without cause, by either party. b) Tenant represents that he /she is not related, directly or indirectly, to any member of the Board of Directors of Lessor and that to his/her knowledge, no person affiliated with Lessor is receiving remuneration in any form as a result of the giving of this lease. c) Tenant reserves the right to give 30 days notice to terminate lease upon notification of loss of funding for programs operated at this leased location. The lease is automatically terminated at the end of the 30 days. d) Tenant shall have use of the covered area known as the Pavilion and the open lawn area behind building "A" and `B" in exchange for lawn care of the property used by Tenant. Landlord and Tenant have signed this Lease at the place and on the dates specified adjacent to their signatures below and have initialed all Riders which are attached to or incorporated by reference in this Lease. Landlord Tenant: Mental Health Mental Retardation Authority of Brazos Valley By: �31U'j )A�� Bill Kelly, Executiv irector Brazos County Juvenile Services 6 0 Date �&12L7 Date BRAZOS COUNTY HEALTH DEPARTMENT _� zf 201 NORTH TEXAS AVE BRYAN, TX 77803 -5317 (979) 361 -4440 • FAX (979) 823 -2275 E-mail: healthdept @co.brazos.tx.us www.brazoshealth.org 27 September 2007 PROPOSED INCREASE FOR IN FEES FOR ON -SITE SEWAGE FACILITIES (OSSF) IN BRAZOS COUNTY It is proposed that the fee for on -site sewage facilities (OSSF) applications be increased from $200.00 to $300.00 for residential units, and the fee for commercial units (proposed separate from residential units) to be set at $400.00. APPROVED r Randy Sims, County Judge date I () I oLn September 19, 2007 Office of the Brazos County Auditor Brazos County Courthouse 300 East 26th Street, Suite 314 Bryan, Texas 77803 (979) 361 -4350 Fax (979) 361 -4347 TO: Honorable Judge Randy Sims, County Judge FROM: Megan Conkel, Assistant Auditor *17(c RE: State Mileage Rate 47- 4 V 77 OL It has been noted that upon a recent visit to the `Texas Mileage Guide' website, that the current state mileage rate has changed. The previous rate of $.0445 has been increased to a new rate of $0.485. The County's current mileage rate being used is $.0445. Thank you Enclosure BRAZOS COUNTY'S MILEAGE RATE OF $0.445 IS HEREBY CHANGED TO $0.485, WHICH IS IN KEEPING WITH THAT CURRENTLY USED BY THE STATE OF TEXAS. Z 0 y C a U h Q Z$ °O,t°o o t°oot°n$oo x =` M g Cl O,•::Od ° Frn tt) �q o� �tl ao w QQ � } Q S F 5 f N C-i �o M W M N O N N fh N NNt r N L6 � �D '.�0 d .`. 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O '� - (L Z U) J o co w E . a) a) w a n U .f4 L E U ".' ,6 m 0) N N a O. ti o U T m N d u) 'fl 7 U C O• } L .N O H O O C fn 7 0 co C � C a) a) «S j O C c°n 0 o U o cLo v y `R d i .� a) s -0 3 L L � � T '0 E L � i C a .G O C U C a 0 W _- �, N N C N C O� �o 3 a) H 3> > (n d m co +� (n CO E2 >+ � C � � � � ca } 7— 7 O U O_ a) 0 J M f6 O a m E > @ N w C CL N co U s cn i T C C O V7 CD 0 U @ _ cn d N C ) u, a 0 o Q m o w 0 E 4 o c O T N -CD rn co <o 0 c O ) w Q O Jo L - c co c cu E d LL O E C O co C O C C w m `m E -Uw- n o a W o .V a I-O U Of w O m d Z ► a1 L 96'7 BID TABULATION 2007 -038 UNIFORM RENTAL Award'' b: Arama k Uniforms Approved Date: lir�;2c�7i DI asg Admiral Linen and UnlFlrst G & K Shepherd's Aramark Description Uniform Service Holdings LP Services Uniforms Uniforms I. JUNIFORMS 11 per wk. 11 er wk. only delivers 5 a wk. A. SHIRTS I. Poplin,polyester, cotton blend $2.75 $1.76 $1.75 $2.42 $2.35 ii. Duro Stripes $3.00 $2.64 $1.75 $2.75 $2.50 iii. Poplin $4.00 $2.64 $1.75 $3.00 $3.00 iv. Stretch Yarn $4.00 $3.08 $1.75 $4.25 $3.00 v. Twill knit $6.00 $3.08 $1.75 $4.25 $3.00 B. PANTS I. Pleated, polyester, wool blend $6.00 $5.83 $2.00 $3.00 $2.50 ii. Jeans, denim, 100% cotton $4.00 $2.97 $2.25 $4.07 $3.25 iii. Women's non pleated pants $6.00 $2.97 $2.00 $2.75 $2.50 iv. Coveralls $6.00 $5.72 $4.00 $5.50 $1.00 C. SMOCK I. smock $3.50 $22.00 $1.75 $5.00 ii. Pressed Lab Coat $12.50 $11.00 $1.75 $2.75 $3.75 D. JACKETS I. jacket cleaning buy $32.00 /cln $2.00 wk. buy /$0.51 buy $15.00 /cln $.50 wk. buy $30.00/ $1.00 wk, buy /$0.40 E. Environmental Charge $0.00 $6.97 $0.00 F. Size Change i. pants $1.50 each $10.00 $0.00 $5.50 $0.00 ii. shirts $4.75 each $10.00 $0.00 $5.50 $0.00 II. MOP HEADS /cost per head A. 24" Dry Mop Head w /handle $0.72 $0.84 $0.40 $0.60 $1.00 B. 36" Dry Mop Head w /handle $1.08 $1.26 $0.50 $0.44 $1.15 C. 48" Dry Mop Head w /handle $1.72 $1.68 $0.65 $0.92 $1.35 D. Wet Mop with handle $0.50 $1.52 $0.65 $2.00 $2.25 III. FLAT ENTRANCE MATS A. 3 x 4 Mats $1.31 $2.96 $1.25 $1.50 $1.50 B. 4 x 6 Mats $2.53 $3.35 $3.00 $3.00 $3.50 C. 3 x 10 Mats $3.67 $5.48 $3.25 $4.50 $4.50 IV. A. Uniform Control System locker/ $2.00 per locker Locker system for locker and Soil drop locker /$1.00 each employee at soil bins lockers per locker no cost to Brazos Co. $1.00 perlocker B. Delivery charge per mile $7.50 per location $0.00 $0.00 $0.00 C. Minimum delivery charge $35.00 per location $35.00 per location $0.00 $0.00 $0.00 D, Emergency Charge $0.00 $0.00 $0.00 $0.00 $0.00 E. Env. Fuel Charge $0.00 $0.00 $2.50 $6.00 per location Award'' b: Arama k Uniforms Approved Date: lir�;2c�7i DI asg ova ash ��snn�um� ni XO 11 ova ash /v1 a�� MEMO= KIMENIM���I�������� Kmmmflmm��I�������� /v1 a�� 0 i • CrlCrl�ii�l����i�i� i Castrol Oil CT���Eii�l����i�i� ®„ . . _ =;CastrolOilChanqe ���ii������i�i� ir����ii�l������i� 161 �C� Ko KM NFTS Casterol Oil Change 161 �C� Date IN �& L MMKI Mom _3���E���l�������� Date IN �& L t RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the current Bid for Janitorial Supplies, Bid 2006 -049, at the same prices and in accordance with all terms and conditions agreed to and accepted as part of Bid 2006 -049. The new Bid Number will be 2007 -049R. I understand that Bid 2007 -049R will be in effect from October 1, 2007 through September 30, 2008. o Y RAY CRISWELL BRAZOSCOUNTY Randy 101 Date /�'- �7 Date 101 , (,P S x K Z ao �- �'oCQQ m� W� m Z m Z m Z m Z m Z= m m•E ,z U) ° Z5 Q ca z a z vA W W Y a m m m m m O c � m m cc3 Iu0 m z m z m z z z z m cSa �gN�`E�I W N gim��wv8im end to � N N o S rn m N Y J HN N U t00 Q K O a Y 0D O l{') N S p .O f0 CV C+O � CVQ O n 1�� O O O S lU N pp O N O O O t0 = O f7 fD IA 15 �D E T O 1� �'�-- N y p N O m A� '� S 00 O lC) 'C t7 uj S^ E .-. pf O O E d O Q 1, O (�j S D cn �y d� p r dx �� cl^ y� (� r¢ W «nr. -� AA d,Ci o_i u �v- Of iss z $ Ly ~ J oe CL CL �� Nu+S�Q� = Q T 9 T Ea�S m m m z m z m z z N °og5g� z z �dU v�' C Q V V W �a-aCD D 0 m C p ai 2 c°o in v �• 42 CL S C15 V (0N a O M V a (eN f9 n' ¢ tD Cl Y�yf O^ E m U•Y t0 O O o N c0 tO x O a co cn m C6 � N N N V! �O cD (n tO N � r N N N N In o t0 co M r O� N N t0 NO N n N Z 4q O Z C N R CCC.4ggyJJJV4 C`yCIJ CCI`:YQLLJIJ+ N SimV - O� Q In LA O V N O of cn'' N - � U _m 0 $ w LU z g W y E x N N K -� EZ �N.$ $ m z $ x$ -� E$ x d, Y �% Ez m $�� cn ~ $ x$ x E -$ x W N, Q Ez $�� m m -� -� E a) x W J N N E 0 $w� g' 0 J E c $ x d Y `' �$ a m 3k x x C N m Z '$$ ..%c u-� #k ii X N E a t= xz v �'Np z = °'y tea' -`OZ �' �`Ozz �' cEoz hQ'- So xz ��o x �� o V ~ c ti o v WJ v w x m `o c°i m d' '� �' o u Wa x �, �`aOZ K= c H H `o cdi Wa .c �' a �c 44 aNi o. m a H p .� ~ m c d ~ x m E °cc� A d E E 'c ~ to L� a to o N 'c nm m °cad a �° a c m �a L° a y .c U m o ti ��m$aQ�m w p E �'a a Zirmpyxa c m p?xa Q Em d E cda�m d a m Em�$d�Ym a > a m `ri o a F- N C1 R A ' N 101 , (,P S 101 ;2 &10. i O c7 mC7 x x Er cg_rd x Er�po Uzx6 x x co Er =ppv��9 $ N W ) lD z N U E? p M lIJ = O N 'E Z �ti ^ �_ a Z Q o en Mme"' y��� u°''���N�v a = —46.6 N W W Y V m v M O M cv $ E N M v p :$ E m$Q O CV M c c2 'DD O Q N O O gj �! 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Document Efficiency At Works" Product Schedule Number: State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Government Master Agreement ( "Master Agreement ") identified on this Schedule between IKON Office Solutions, Inc. ( "we" or "us ") and as Customer ( "you "). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the pages that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION _f5NZC,5 , Court.► off= QrQ"-3 Cuu�, OOr(Elto) gi S} 31'1 PL�w Fi"l Z17y 5} ITT Address Addl'gss rvaA 13NZ -0.5 TX TTY03 %)c 77bq . City County State Zip City County State Zip Customer Contact Name: Customer Telephone Number: I Fax Number /E -mail Address: PRODUCT DESCRIPTION ( "PRODUCTS ") Quantity Equipment Description: Make, Model & Serial Number Quantity Equipment Description: Make, Model & Serial Number vt f 3 0 PAYMENT SCHEDULE Minimum Term (mos.) Cost Cost of Guaranteed Minimum Meter Reading /Billing I' �y Per Image Additional I Images g $ � �CQ� Monthly /Quarterly /Other Images 3, CCo For Additional Images Monthly Minimum Payment Witho� ix Payment Due Advance Payment (with tax) $ Quarterly Monthly Quarterly Apply to Ist Payment Other $ ��S Other Other AVI>71,tA Sales Tax Exempt: Yes (Attach Exemption Certificate) Customer Billing Reference .'Number (P.O. #, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: ) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above- described items ( "Products ") for lawful commercial (non - consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image Charges /Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly /Quarterly /Other Images. If you use more than the Guaranteed Minimum Monthly /Quarterly /Other Images in any monthly /quarterly /other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi- annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Mininmm Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: CUSTOMER IKON OFFICE SOLUTIONS, INC. X tl Date: X Title: Date: Authorized ter �— Authorized Signer LA (Authorized Signer's print name) (Authorized Signer's printed name) fol aCQ�l t- $88 -ASi IKQ www.10N,0an T Document Efficiency At Works" image Management Plus Commitments The below performance commitments (collectively, the "Guarantees ") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ( "IKON "), one of the largest distributors of office solutions in the world. The words "vou" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ( "Products ") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON'S normal business hours, excluding weekends and IKON - recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON - recognized holidays. Performance issues relating to software and /or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software/connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the �Pod dule (other than non - metered Products and soft - metered cts), �g' staples. The supplies will be provided according to acturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31 -60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8 -hour day, during normal business hours, excluding weekends and IKON - recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volunme. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased innage volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and /or increases /decreases to the Guaranteed Minimum Images require a new Schedule that Hurst be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimum Images commitment and /or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE s At any time after the expiration of one -half of the original tern of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term must be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON'S election, will either provide a temporary loan- er while the Products are being repaired at IKON'S service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON'S performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality ?assurance Department located at: 1738 Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth wider the section hereof entitled "Performance Commitment." Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Coin monwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the tinmely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. Schedule +.04 S�LG Image Management Plus IKON: Document Efficiency At Work "' and IKON Office Solutions" are trademarks of IKON Office Solutions Inc „- - -_. Document Efficiency AWork' ` Product Schedule Number: State and Local Government Master Agreement Number:- This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Government Master Agreement ( "Master Agreement ") identified on this Schedule between IKON Office Solutions, Inc. ( "we" or "us ") and , as Customer ( "you "). All terns and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION Ou rn1'y 0 10 Customer (Bill to) a Produ t Lo ation Leo c z�r" she 31y 1gG�I Lat�_ritdei Address A dress �1, 13ti`a�s 7x 77 C-3 ,,vovl :F 72C ZZY09' City County State Zip City County State Zip Customer Contact Name: I Customer Telephone Number: I Fax Number /E -mail Address: PRODUCT DESCRIPTION ("PRODUCTS ") Quantity Equipment Description: Make, Model & Serial Number Quantity Equipment Description: Make, Model & Serial Number ' i- . am; 1,►, t, -303 PAYMENT SCHEDULE Minimum Term (coos.) Cost Cost of Guaranteed Minimum Meter Reading /Billing Per Image Addi ional Images $ OZ Monthl Quarterly /Other Images s000 For Additional Images Monthly Minimum Payment Payment Due Advance Payment (with tax) $ Quarterly ' /W/ithout Tax oo ti Monthly y Quarterly Apply to Ist Payment xOther $ (0 (0 Other Other Yl h Lf Sales Tax Exempt: M Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: ) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above- described items ( "Products ") for lawful commercial (non - consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terns hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image Charges /Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly /Quarterly /Other Images. If you use more than the Guaranteed Minimum Monthly /Quarterly /Other Images in any monthly /quarterly /other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturers recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi - annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payanent frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: X Authorized IKON OFFICE SOLUTIONS, INC. Date: X N Authorized Signer (.Authorized Signer's printe2l name) (Authorized Signer's printed name) Ti d e: Date: Document Efficiency At Work." linage Management Plus Commitments The below performance commitments (collectively, the "Guarantees ") are brought to you by IKON of the Solutions, distributors .,on oOt Ohio office o solutions having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 IKON "), in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the set-vices set forth ent ( "Products ") below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipm described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON'S normal business hours, excluding weekends and IKON - recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the tern of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON - recognized holidays. Performance issues relating to software and /or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software /connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the Schedule (other than non- metered Products and soft - metered Products), exek'4i staples. The supplies will be provided according to manu acmrer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31 -60 mile radius for tine term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8 -hour day, during normal business hours, excluding weekends and IKON - recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You hirther agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original tern, of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and /or increases /cecreases to the Guaranteed Minimmnn Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimum Images commitment and /or the addition of /01 equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one -half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. Anew Schedule of like original term must be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON'S election, will either provide a temporary loan- er while the Products are being repaired at IKON'S service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON'S performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment" Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed ;recording to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. IKON: Document Efficiency At Work" and IKON Office Solutions ' are trademarks of IKON office Solutions, Inc. X70 S &LG Image Management Plus Schedule 4.04 11/19/2007 21:59 19798238455 LABOR READY PAGE 02/12 BRAZOS COUNTY PURCHASING OFFICE Brazos County Courthouse, Suite 117 Bryan, Texas 77803 Telephone (979) 3614290 CONTRACT FOR TEMPORARY SERVICES BETWEEN BRAZOS COUNTY AND LABOR READY INC. SCOPE OF SERVICES LABOR READY CENTRAL, INC agrees to furnish temporary employment servico for a period beginning from October 1, 2007 through September. 30, 2008 in accordance ivith!the following conditions. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and condi 'onslof any bid submitted to the Brazos County Purchasing Office, unless otherwise sped led ' elsewhere in this contract. All bidders are required to be informed of these Termsiand.i Conditions and will be held. responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following 4efun tions shall apply: COMMISSIONERS' COURT - The elected officials of Brazos County, Texas, given e . authority to exercise such . powers and jurisdiction of all county business as confer ed by the State Constitution and Laws. CONTRACT - An agreement between the County and a Supplier to furnish suppl es and /or services over. a designated period of time during which repeated purchas s are made of the commodity specified. EMPLOYMENT SERVICE - The successful Bidder(s) of this bid request, COUNTY - The government of Brazos County, Texas and its authorized represent ativie. CHANGE IN OWNERSHT or MANAGEMENT: Should there be a change in ow�hersl4p or management; the contract shall be canceled unless a mutual agreement is reached IIwittl the new owner or manager to continue the contract with its present provisions and prices.' This contract is nontransferable by either party. CANCELLATION OF CONTRACT: Either party may cancel this contract at any ttme for any reason, provided a thirty day written notice is given. Acceptance of temporary employment agency shall be made by the County at theisole discretion of the Commissioners Court when all berms and conditions of the contact and 101 x.71 11/19/2007 21:59 19798238455 LABOP READY PAGE 03/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS specifications have been met to its satisfaction, including the submission to the County pf any and all documentation as may be required. EXTENTION OF CONTRACT: Brazos County reserves the right to extend this cottracf for an additional year, not to exceed four years, if all parties agree. SPECIFICATIONS LABOR READY will comply with all State, Federal, and local laws including the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, and Civil Rights Act of 1991.) as to treatment Ahd compensation of its employees. Brazos County shall make no payments to individual workers. Brazos County bas the right to control the details of the temporary employee's wotk wtiil.e assigned to Brazos County. Brazos County estimates a total of 1,500 hours for temporary services are needed f r ties one year period of this price agreement. It is specifically understood and agreed. that t esel hours are approximate and any increased hours will be paid for at the quoted hou ly rote. Brazos County does not guarantee any number of hours or pay any minimum nu berlof hours per employee. It is further understood that the supplier shall not have any olainl against Brazos County for hours less than the estimated amount. The specified list of temporary employment positions are the different types of pe�sonpel needed by Brazos County. Please use this form for quoting hourly rates for each Wividual description. LABOR READY, shall provide personnel for labor WC code 9016 Hourly .rates quoted shall be firm for one (1) year and shall be binding Please submit the following documents which will become a part of this contract: Description of LABOR READY and services provided Applicant employee testing and Background investigation conducted by LABOR READY Employee training conducted by LABOR READY INSURANCE The Temporary Employment Agency shall procure and maintain at its sole cost ar d expense for th.e duration of this Agreement i.n.surance against claims for. injuries W per ons or damages to property that may arise from or in, connection with the performance of (be work hereunder by the Agency, its agents, representatives, volunteers, employeeO. or subcontractors. The Employment Agency's insurance coverage shall be primary isur ce with respect to the County, its officials, employees and volunteers for cl.aizms arisi .1; o t of or in. connection with the work done by the employee under this Contract. Amy ' ur .nce or self - insurance maintained by the County, its officials, employees or volunteers , halt be TEMPORARY SERVICES CONTRACT aI a�A pave I of 11 11/19/2007 21:59 19798238455 LABOR READY PAGE 04/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS considered in excess of the Contractor's insurance and shall not contribute to it F�rth�r, the Agency shall include all employee's as additional insured under its policies. coverage for employees shall be subject to all of the requirements stated herein. AT Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. STANDARD INSURANCE POLICIES REQUIRED: Commercial. General Liability Policy Automobile Liability Policy Worker's Compensation Policy GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES: Only insurance carriers licensed and admitted to do business .in the State of Texas 01l. be accepted. "Claims Made" policies will not be accepted. Each insurance policy shall be endorsed to state that coverage shall not be suspen ed, voided, canceled, reduced in coverage or in limits except after. thirty (30) days prior written notice by certified mail., return receipt requested, has been given to Brazos County, Upon request, certified copies of all insurance policies shall be furnished to Brazo$ County. COMMERCIAL GENERAL LIABILITY General Liability insurance shall be written by carrier with an A:VM or better ra0g in accordance with the current Best Key hating guide. Brazos County, its officials, employees and volunteers, are to be added as "Additional! named Insured" to the General. Liability policy for damages or loss arising out of r in! connection with the work done by the Contractor. The coverage shall contain no 4peci'W limitations on the scope of protection afforded to the County, its officials, employees or volunteers. Minimum, Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. No coverage shall be deleted from the standard policy without notification of ine"d4al exclusions being attached for review and acceptance. Waiver of Subrogation shall be attached to the Certificate of Insurance. TEMPORARV SERVICES CQNTRArT lol 913 Pave+ $ of 11 11/19/2007 21:59 19798239455 LABOR READY PAGE 05/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS AUTOMOBILE LIABILITY General Liability Insurance shall be written by a carrier with an ANIII or better ra�ng In accordance with the current Best Key Rating Guide. Minimum Combined. Single Limit of $600,000.00 per occurrence for bodily injury 4nd property damage: WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the agency, all employees and all other persons providing services on the bid must be covered by a workers' compensation insura}ftce policy; either directly through their employer's policy or through an executed covorag�- agreement on an approved TWCC form, The worker's compensation insurance shall include the following terms: Employer's Liability limits of $1.,000,000.00 for each accident is required. "Texas Waiver of Our Right to Recover From Others Endorsemen.Y' shall be .included in this policy. (waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement; and all subcontracts n this Project must include the following berms and conditions. in the following languag , wi.thout any additional words or changes, except those required to accommodate the sped .c document in which they are contained or to impose stricter standards of documenitatioln: Definitions: Certificate of coverage ("certificate ") - A copy of a certificate of insurance, a certificate b£ authority to self - insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC -81.), TWCC -83, or TWCC -84), showing statutory worl�Cer'si compensation insurance coverage for the person's or entity's employees provid.in services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the trojert until the Contractor's /person's work on the project has been completed and accepted ty the governmental. entity. Persons providing services on the project ( "subcontractors" in section 406.096 Of I tho Texas Labor Code}) - includes al.l persons or entities performing all or part of the servic . thO Contractor has undertaken to perform on the project regardless of whether . that p soh has employees. This includes, without limitation, independent Contractors, subcontr'Ictor6, leasing companies, motor carriers, owner- operators, employees of any such entity or TEMPORARY SERVICES CONTRACT Aaoc+ 4 of 11 11/19/2007 21:59 1979B23B455 LABOR READY PAGE 06/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipmeiht or materials, or providing Labor, transportation, or other service related to a project. "SerOices" does not include activities unrelated to the project, such as food /beverage vendors, Ace supply deliveries, and delivery of portable toilets. The Contractor shall, provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Cdnt*tor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. It the coverage period shown on the Contractor's current certificate of coverage en during the duration of the project the Contractor must, prior to the end of the coverage p 'od, file a new certificate of coverage with the governmental entity showing that coverage as been. extended. The Contractor shall obtain from each person providing services on a project and provide to the governmental entity: a certificate of coverage, prior to that person beginning work on the project, so thel governmental entity will have on file providing services on the project; and certifi ates of coverage showing coverage fo.r all person; and no later than seven calendar days after receipt by the Contractor, a new certi.fi.cateiof coverage showing extension of coverage, if the coverage period shown on, the curt ent certificate of coverage ends during the duration of the project The Contractor shall retain all required certificates of coverage for the duration of !the project and for one year thereafter. The Contractor shall. notify the governmental entity in writing by certified mail on personal delivery, within 10 calendar days after the Contractor knew or should have knowp, or. any change that materially affects the provision of coverage of any person providing 9�rvices on the project. The Contractor shaU post on each project site a notice, in the text; form and manndt prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating prow a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: TEMPORARY SERVICES CONTRACT Paao % nf 11 bbl- x.75 11/19/2007 21:59 19798238455 LABOR READY PAGE 07/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS Provide coverage, based on proper reporting of classification codes and, payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section. 401.011(44) for all of its employees providing services on the project, for the duration of the project provide to the Contractor, prior to that person. beginning work on. the project, a certificate of coverage showing that coverage is being provided for all employees of the person.. providing services on the project, for the duration of the project; Provide the Contractor, prior to the end of the coverage period., a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Obtain from each other person with whom it contracts, and provide to the Contractor: A certificate of coverage, prior to the other person beginning work on the project; An.d A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project anO for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, wfthirt 10 calendar days after the person know or should have known, of any change that.mi,teriklly affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by worker' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of ai self- insured, with the commission's Division of Self - Insurance regulation. Providing f. lse or misleading information may subject the Contractor to administrative penalties, cr, inal penalties, civil penalties, or other civil actions. CERTIFICATES OF INSURANCE shall be prepared and executed by the insuranco company or its authorized agent, and shall contain the following provisions and warranties: The company is licensed and admitted to do business in the State of Texas. The insurance policies provided by the insurance company are underwritten on. formsithat have been provided by the Texas State Board of Insurance or LSO. TEMPORARY SERVICES CONTRACT Pavo 6 of 11 11/19/2007 21:59 19798238455 LABOR READY PAGE 08/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS All endorsements and insurance coverage according to requirements and instructions contained. herein. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. Original endorsements affecting coverage .required by the section shall be furnished with the certificates of insurance. SAFETY PRECAUTIONS and COMPLIANCE WITH LAW The Agency shall. comply with. all state and federal laws, municipal. ordinances, rekulaltlons, and County Policies and Procedures. The Agency shall. perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and Me United Stages and in compliance with OSHA and other laws as they apply to its etpl.oyees. In the event any of the conditions of the specifications violate the code for any industry, tli.en such code conditions shall prevail. INDEMNITY To the fullest extent permitted by law, the Agency agrees to and shall indemnify, (hold harmless, and defend the County, its officers, agents, and employees from and ag4inst ;any and all claims, losses, damages, causes of action, suits, and liability of every kind, Including all expenses of litigation, court costs, and attorney's fees for injury to or death of sny person, for damage to any property, or for any breach of contract, arising out of ori in connection with the work done by the Agency under this Contract; provided that Any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an omission of the Agency, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. The indemnification shall include but not be limited to the following specific instances: In the event the County is damaged due to the act, omission, mistake, fault pr default of the Contractor, then the Contractor shall indemnify and hold harmless a*d defend the County for such damage. The Agency shall indemnify and. hold. harmless and defend the County froipn any an all .injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees and representatives. The Agency shall also be responsible for employees hired by it. The Agency shall indemnify, hold harmless, and defend the County from any liability caused by the Agency's failure to comply with applicable federal, state, or local regulations. TEMPORARY SERVICES CONTRACT Pace x of 11 11/19/2007 21:59 19798238455 LABOR READY PAGE 09/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS RELEASE The Agency assumes full responsibility for the temporary employee, and hereby roleases, relinquishes, and discharges the County, its officers, agents, and employees from ail claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of�the parties hereto, their employees, or of third parties) that is caused by or alleged to ble caused by, arising out of, or in connection with the temporary employee's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and, in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work. QUOTATIONS: BL ILDING & GROUNDS WORKEM 1500 Hours Hourly Rate: May work .inside or outside in a wide range of weather conditions. Assists in setting -up and tearing -down tables, chairs, staging and all other event related equipment. Cleans restrooms, meeting rooms, event rooms, offices, concession areas, horse stalls, cattle pens, bleachers, parking lots and all other event facility areas as needed. Assists in all types of maintenance related projects. Must be able 0 work nights and weekends as needed. Must be able to lift and carry a minimum of 50 pounds. Number of hours worked before Brazos County can hire the temporary employee INVOICES AND PAYMENTS Seller shall submit separate invoices on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement rumbet, if applicable. Invoices shall be itemized land transportation charges, if any, shall be listed separately. A copy of the bill of ladling, and the freight waybill when applicable, should be attached to the invoice. Mail. to: Brazos County Auditor's Office, 300 East 26th Street Suite 314, Bryan, Texa 77803. Payment shall not be due until the above instruments are submitted after d�elivtry. Suppliers should keep the Auditor's Office advised of any changes in your remittance addresses. Buyer's obligation is payable only and solely from funds available for the purpgse of this purchase. Lack of funds shall render this contract null and void to the extett funds are .not available and any delivered but unpaid for goods will be returned to Seller. by Buyer. Do not include Federal Excise, State, County, or City Sales Tax. The County shaill . furnish tax exemption certificate upon request. TEMPORARY SERVICES CONTRACT Nap Anf11 11/19/2007 21:59 19798238455 LABOR READY PAGE 10/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS GRATUITIES - The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the. Seller, or any agent or repr. esentat#ve of the Seller., to any officer or employee of Brazos County with a view toward securing a;contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event;this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. CANCELLATION - Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof inclu ftg warranties of Seller or if Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other . remedies which Buyer may have in law or equity. TERMINATION - The performance of work under this order may be terminated in whole or in part by the Buyer in accordance with. this provision. Termination of work hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifyiAg thie extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer set forth in pause IS., herein. FORCE MAJEURE - If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed, herein, shall mean acts of God, strikes, lockouts, -or other industrial disturbances, act of public enemies, orders of any kind of government-of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, wa$houts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be rennedied with all reasonable dispatch. shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. TEMPORARY SERVICES CONTRACT jL Paaa9nf11 11/19/2007 21:59 19798238455 LABOR READY PAGE 11/12 TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS ASSIGNMENT DELEGATION - No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the'Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. WAIVERS - No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waived or renunciation is supported by consideration and is in. writing signed by the aggrieved party. MODIFICATIONS - This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. INTERPRETATION PAROL EVIDENCE - This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive staltement of the terms of their agreement. No course of prior dealings between the parties and, no usage of the trade shall be relevant to supplement or explain, any term used in this agreeient. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepiti.ng or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial. Code is used in this agreement, the definition contained in. the Code is to control.. APPLICABLE LAW - This agreement shall be governed by the Uniform Comm.ercoal Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as nieaning the Uniform Commercial Code as adopted in the State of Texas as effective and in ,force on the date of this agreement. ADVERTISING - Seller shall not advertise or publish, without Buyer's prior consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government. RIGHT TO ASSURANCE - Whenever one party to this contract in good faith has reason to question the other party's intent to perform, he .may demand that the other party give written assurance of his inben.t to perform. In the event a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. VENUE - Both parties agree that venue for any litigation arising from this contract shall be in Bryan, Brazos County, Texas. TEMPORARY SERVICES CONTRACT Pavo 1h nf 11 11/19/2007 21:59 19798238455 CERTIFICATION OF BID LABOR READY TEMPORARY SERVICES CONTRACT BRAZOS COUNTY, TEXAS PAGE 12/12 The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Signed By:__Scl -- Title: Typed Name: Company Name: LABOR READY CENTRAL. Corporate Mailing Address: P. O. Box 2910, Tacoma Washington 98401 Employer Identification Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION BRA7,..OS COUNTY, TEXAS By: Randy Sims, County Judge Date TFII nRARY SERVICES CONTRACT l0! 300 E. 26th. B Em Texas 77803 Address: a9/ Nap 11 of 11 REQUEST FOR SALVAGE DESIGNATION 1. Two non - working Canon portable printers 2. Two non - working HP portable printers 3. misc. toys, poor condition 4. Four bicycles (left from Jail) 5. group of misc. bicycle frames (left from Jail) THE ITEMS LISTED ABOVE ( #I - 5) ARE APPROVED FOR SALVAGE DESIGNATION: Randy Sires; County Judge date QUOTE TABULATION Water Treatment Program Annual Contract 10/01/07 - 09/30/08 DESCRIPTION VENDOR ANNUAL CHARGE Inspection & Maintenance of Chill & Hot Water Loop Systems per specifications Fort Bend Services $7,908.00 Garratt Callahan $9,199.92 DuBois Chemical $10,608.00 RECOMMEN AW FORT BEND SERVICES Date fa _ d g3 September 5, 2007 VIA UPS NEXT DAY AIR Ms. Pat Howard Purchasing Agent Brazos County 300 East 26th Bryan, Texas 77803 Re: Brazos County Detention Center Expansion — Contract Amendment Dear Pat: Attached is the Contract Amendment we discussed yesterday. I am also including the fee breakdown spreadsheet that compares the new fee with the current one. As you can see, the only change we made is the change in the construction cost from $35,000,000 to $45,000,000, which serves as the basis for the fee calculation. We plan to make this revision in our next invoice. If you have any questions please feel free to call me. Sincerely, William H. Golson, Jr., AIA, NCARB Vice President Enclosures: Fee Breakdown Spreadsheet Contract Amendment No. 1 — Two Originals for Signature Architecture cc: Rosser International, Inc.: B. Miller Justice File .03.02 Aviation Sports APPROVED: r Interiors ✓ ��� Planning y Landscape. Building Engineering Reidy Sims, County Judge date Civil Engineering ROSSER INTERNATIONAL, INC. 524 West Peachtree Street, NW - Atlanta, Georgia 30308 Program Management Telephone (404) 876 3800 - www.rosser.com September 5, 2007 VIA UPS NEXT DAY AIR Commissioner's Court Brazos County 300 East 26`h Street Bryan, Texas 77803 Re: Additions to Brazos County Detention Center, Bryan, Texas Agreement between Owner and Architect - Amendment No. Dear Commissioner's Court: This letter shall serve as Amendment No. l to the Interim Agreement between Brazos County and Rosser International, Inc. for professional services for the Addition to the Brazos County Jail in Bryan, Texas, dated June 20, 2007. . The Agreement referenced above shall be amended as follows: (All other provisions of the Agreement shall remain in force.) BASIC SERVICES FEE Revise the existing paragraph to read as follows: "Rosser International, Inc. will provide basic services described herein, for a lump sum fee of five hundred_f fty -five thousand seven hundred and fifty dollars ($555, 750) ". Please indicate your acceptance of this Interim Agreement Amendment No. 1 by executing one copy and returning to this office. Sincerely, William H. Golson, Jr., AIA, NCARB Vice President cc: Rosser International, Inc.: R. Vaughan, B. Miller Fred Patterson, Patterson Architects Pat Howard, Project Manager, Brazos County Architecture File 07097 00 (.03.0 ? Justice Accepted by Aviation Sports � P Signature Date Interiors Randy Sims. Jude Commissioners Court Brazos County. Texas Planning Name /Title Landscape Building Engineering ROSSER INTERNATIONAL, INC. Civil Engineering 524 West Peachtree Street, NW - Atlanta, Georgia 30308 Program Management Telephone (404) 876 3800 - www.rosser.com /01 ass ROSSER JUSTICE SYSTEMS A division of Rosser International, Inc. INVOICE Brazos County 300 East 26th Bryan, Texas 77803 Attn: Ms. Pat Howard, Purchasing Agent Professional Services Rendered Through Re: Brazos County Detention Center Date: 8/26/2007 Invoice 088579 Number INVOICE DATE Aug -30 -07 PROJECT NO. 7097.00 Percent Total Fee Previously Current Current Service Fee Complete Earned Invoiced Fee Due Total Schematic Design 555,750.00 100% 555,750.00 555,750.00 Total Fees 555,750.00 555,750.00 555,750.00 555,750.00 Reimbursable Expenses (To be billed at a later date) Travel / Meals NTE $15,200 16,623.12 16,623.12 151Z-Ii- Reproduction /Photography NTE $2000 640.05 640.05 Courier / Postage NTE $500 356.26 356.26 Total Reimbursables 17,619.43 17,619.43 17,619.43 TOTAL DUE THIS INVOICE $573,369.43 Submitted by: Project Manager Willi H. Golson, AIA Rosser International Please remit payment to: Rosser International, Inc. • PO BiAttn.. Accounts Receivable TERMS ARE NET 30 DAYS; DELINQUENT INVOICES ARE SUBJECT S24 West Peachtree Street NW Direct any questions about this invoice to: 524 West Peachtree Stree Atlanta, GA 30308 -3512 ivl a�� \ LO a 7� m of E CL am CD / � a 0 0 77 _ E' /-C am a %kk /k(:,k 04 LO °q $9 Lo �Q9 It a cvi ^ o .. u » \: 0� . L k C; S � 0 $ m )kk - LL k k / / o o % Cokt k g: / § Im o « 2 k ' [ @ 0 2� § \ c ■ ■ ■ 2 / § 3 % 7 % ? $ 0 2 o o Iw�w c o± o° mmUUa_ a@ 2w 0 $ ® :l 0 0 0 0 0 0 0 >0 q Eq ®7 q_7 2 0 k3 k� 0 § � m CD o ^ \ � f / 0 0 c # LL 9 ' o o k k � L k 0 0 d— m 7 3 $ LL § 2 $ 2 § k W . c ■ ° 0 kƒ 0 c § 0 7 k§ k U 0 k$ %: E / Q o£ # 2 « % 7 2 7 E E 2 ■® o■ § 2 0 E O S 5 2 Q-/ L % 7 qq //0 & / ƒ/ > mmlca \ LO a 7� m of E CL am CD / � a 0 0 77 _ E' /-C am a BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 2, 2007 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Old Macey Road approximately 0.1 mile from its intersection with Macey Road. Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hi hg ways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES /EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMIT BY: APPROVED BY: CZ%Ylt- Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC07 -088 This Request is A proved Q' / Denied ❑ by Commissioners' Court Date: O 0 -7 G Randy Si , County Judge �o/ 00 lk �T 12 i 0 Q) j.3 53 3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson creek Special Utility District proposes to place a (type) Waterline within across_ the right -of -way of (road) OLD MACEY ROAD in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 2naday of October 20 07 Firm: Wick n Cre�ekS� y District By uti Titl e: General M anager Address: P. 0. Box 4756 Bryan, Texas 77805 Phone, 979- 589 -3030 APPROVED BY COMMISSIONERS' COURT ON: Date�j Randy !ir , County Judge i r' BRAZOS COUNTY / COMMISSIONERS' COURT ACTION FORM + DEPA RTMENT Road and Bridize NUMBER 56001000 DATE OF COURT MEETING: October 2, 2007 ITEM: Request from Verizon Communications to construct buried cable installation in the right of way of Steep Hollow Road beginning at address #7623 extending for a distance of 156 feet to address #7701. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTE BY: APPROVED BY: Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC07 -090 This Request is Approved Er / Denied ❑ by Commissioners' Court Date: 1� ;lea ' =7 r Randy Sims,; ourity Judge lt)l RV veriZQn Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 September 24, 2007 Gary Arnold 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 5413- 3POAOGS which is scheduled for October 16, 2007. If you have any questions concerning this work, please contact Anthony Vitanza at our office in Bryan, telephone 979 - 821 -4754 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, 411(c� J Brenda Vajdak Supervisor — Network Engineer BV:ec Attachment /o/ 0?9o1 F { P /o/ 0?9o1 ken VERIZON COMMUNICATION Notice of Line Installation September 24, 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: This work will replace a defective cable for 336 feet located in the north R.O.W. of Steephollow Road beginning at a pedestal located in front of 7623 and ending at 7701 Steephollow Road. Cable will be trenched 156 feet and bored 180 feet under creek and drive at 7701. 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 or 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 October 16, 2007. VERIZON COMMUNICATIONS 5413 — 3POAOGS �/Clj e aa- L Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 10/ a 93 l.Y Vl -.7"11 I-F VULFUI 1 Ur='\+ WO�:K LOCATION 5413 7760 3POAOGS 'L8?t Copyright 2004 City of Bryan GIS P.O.BOX 1000 Bryan, TX 77805 Ar+�MS ISCLAIMER : This is a product of the City of Bryan GIS Department. The data depicted here have been :veloped with extensive cooperation from other city departments, as well as other federal, state and local ivenunent agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise om the use of this map. 30PRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with a rage 1 Ot j 3://gis.bryantx.gov /gis /servlet/com.esri.esrimap. 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