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SRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 9 SEPTEMBER 2008 AT 9-00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_
I- Invocation and Pledge o£ Allegiance Commissioner Pete-
2. Call for citizen's input and/or concerns-
Consid¢r and take action on agenda items 3 - 25:
3_ Request From Jail Administration for permissio to change the approved capital budget for FY08, reducing the number of heated Gn lood carts purchased to one (1), and
increasing the price of the replacement kettle by approximately $875-00-
4- Request from the Sheriff's Office for permission to puArchase a stand-alone pouch Print 3100 Desktop Live Scan system and a SentryKids Fil gerTips child ID Program to be
located at the Sheriffs Administration Building; the purchase amount has been quoted at $15,394.00
5_ Budget Amendment 07/08-45.1 th- 07/08-45-7-
6- Personnel Change of Status.
7_ Payment of Claims.
8. Appointment of Lynn Allen as Records Management and Preservation Of£ccr_
Office of the County Judge 200 South Texas A- - Suite 332 - Bryan, Texas 77603 Fax- (979) 361-4503
1
Commissioners Court Agenda
9 September 2008
Page 2
9. Appointment of the following to the Board of the Brazos County Emergency District
(9-1-1):
a. Commissioner Duane Peters
b. Commissioner Lloyd Wassermann
10. Resolution 08-014 adopting a plan for records management according to policies and
procedures consistent with the Local Government Records Act.
11. Resolution 08-015 authorizing the submission of a grant request to the Criminal Justice
Division of the Governor's Office for funding of a Brazos County, Texas program
known as the Brazos County Special Investigation Unit (BCSIU) for FY09 (grant
application #1986102).
12. Renewal of the Contracts for Residential Services with the following facilities:
a. Hays County effective 1 September 2008 through 31 August 2009
b. Victoria County effective upon execution through 31 August 2009
c. Texas Youth Commission - effective 1 September 2008 through 31 August 2009.
13. Permission to add reimbursement for data service to the cell phone allowance for
Chuck Frazier and Michele Meade with the Emergency Management Department at a
cost of $30.00/month per phone.
14. Proposed increase to the cost of Brazos County Solid Waste Citizen's Collections
Stickers, with the addition of a volume discount.
15. Renewal of Bid 2008-043R, Collection of Delinquent Civil and Criminal Fees, with
McCreary, Veselka, Bragg & Allen, P.C., with no increase in rates.
16. Permission to advertise RFP 2009-006, Physician for Brazos County Jail.
17. Rental Agreement addendum to the Mail Service Agreement with DeLucia Mail
Service for the lease of a Pitney Bowes mailing machine to DeLucia Mail Service; term
of this agreement will run concurrent to the term of the mail service agreement
beginning 1 August 2008 through 31 July 2009.
18. Change Order No. 7 in the amount of $1,375.75 to Madison Construction, LLP for the
new County Administration Building.
19. Capital Requisition in the amount of $13,073.00 to Identyx, Inc. for the purchase,
delivery and installation of the computer and software for the registration of sex
offenders.
20. Capital Requisition in the amount of $2,575.00 to Austin Biometrics for the purchase,
delivery and installation of the Fingertips Lite software for the registration of children's
fingerprints.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
Commissioners Court Agenda
9 September 2008
Page 3
21. Commissioners Court minutes for the following 2008 dates:
a. 6 May
Regular Meeting
b. 13 May
Regular Meeting
c. 20 May
Regular Meeting
d. 27 May
Regular Meeting
22. Request from Wickson Creek Special Utility District to construct a road bore for
waterline installation in the right of way of Jim Mathis Road (1405 Jim Mathis Rd).
Site is located in Precinct 2.
23. Final Plat of North Country Estates Phases 5B and 12, 41.04 acres, G. H. Coleman
survey, A-10, (City of Bryan ETJ) Brazos County, Texas. Site is located in Precinct 2.
24. Payment Authorization in the amount of $12,000.00 to the City of Bryan for the license
fees for Tiburon Mobile Data Software in Sheriff's Office patrol unit laptops. A
purchase order was not obtained in advance.
25. Payment Authorization in the amount of $1,259.62 to Wal-Mart for the purchase of
furniture for the atrium in the County Administration Building; the purchase order was
made out to Sam's Club.
26. Acknowledgement of the Order Determining Compensation of the County Auditor and
Assistant County Auditors for FY09.
27. Acknowledgement of the Order Determining Compensation of Court Reporters for
FY09.
28. Announcement of interest items and possible future agenda topics.
29. Call for citizen input and/or concerns.
30. Agency / Board / Committee reports by Court members.
31. Adjourn
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 9, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, September 9, 2008 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2, Absent;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The Reverend Jones gave the invocation and the County
Judge then led the pledge of allegiance.
Under citizen input/and or concerns, the following spoke:
Ron Mayworm
a) Spoke concerning agenda item #9. He is the
president of the Brazos County Emergency
Communication District(9-1-1) Board of Directors
and asked the Court to take into consideration
when appointing representatives to the 9-1-1
Board that a vast majority of the Board members
are new with less than one year experience. To
bring on two new board members with less than one
Vol 11 JA Page [9-D
Commissioners Court meeting September 9, 2008 2
year's experience is not a good idea. He
suggested replacing only one board member at this
time. The County Judge, he said, had 20 years
experience and Commissioner Mallard had 5 years.
The next matter before the Court was consideration of a
request from the Jail Administrator seeking approval to change
a capital purchase. In a memo to the Court, Wayne Dicky
explained that the cost of the replacement kettle approved for
purchase this fiscal year increased above the budgeted amount
by approximately $875.00. So he has decided to reduce the
number of heated food carts to be purchased this year to just
one resulting in a savings of $5,981.00. On motion by
Commissioner Cauley, seconded by Commissioner the County Judge,
the Court voted unanimously to approve the request to change a
capital purchase by reducing to one, the number of heated food
carts to purchase this fiscal year in order to purchase the
needed kettle.
The Court next considered a request from Sheriff Chris
Kirk for permission to purchase a stand alone Touch Print 3100
Desktop Live Scan System and a SentryKids FingerTips Child ID
Program to be located at the Sheriff's Administration Building.
He had been budgeted to purchase a Live Scan Palm Upgrade but
due to the City of Bryan's inability to provide their portion
of the purchase price they could not purchase the equipment.
The Department of Public Safety has provided the unit to
Vol I' la, Page LG( [
Commissioners Court meeting September 9, 2008 3
replace the old live scan unit located in the jail. It has palm
scanning capabilities. On motion by the County Judge, seconded
by Commissioner Cauley, the Court voted unanimously to approve
the request from the Sheriff to purchase the Touch Print 3100
Desktop Live Scan System and a SentryKids FingerTips Child ID
Program at a cost of $15,394.00 which is less than the County's
portion for the purchase of the Live Scan Palm Upgrade.
The Court next considered Budget Amendment #07/08-45.1
through 45.7 that would reallocate funds for the County Clerk,
Capital Improvement Fund-SO Administration, Juvenile Services-
Detention, Capital Improvement Fund-Jail Administration; and
transfer funds from Contingency to Jail Administration,
Emergency Relief; increase revenue and expenditures for the
County Drug Court Program. On motion by Commissioner Cauley,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the budget amendments as submitted. A
copy each is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve the
changes as submitted.
Vol 11 Page Ma
Commissioners Court meeting September 9, 2008 4
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7053752 through 7053991
On motion by Commissioner Cauley, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of the
appointment of Lynn Allen as Records Management and
Preservation Officer. On motion by Commissioner Wassermann,
seconded by Commissioner Mallard the Court voted unanimously to
approve the appointment to be effective immediately.
The next matter before the Court was consideration of the
appointment of an individual to serve on the Board of Directors
of the Brazos County Emergency Communication District (9-1-1).
The County Judge stated that he and Commissioner Mallard would
tender their resignation if approved. Commissioner Mallard
said he understood Mr. Mayworm's concern. The County Judge
said he thinks they can bring the new board members up to speed
pretty quickly. The County Judge moved to appoint Commissioner
Duane Peters and Commissioner Lloyd Wassermann to serve on the
Board of Directors of the Brazos County Emergency
Communications District (9-1-1). Commissioner Cauley seconded
the motion. Commissioners Cauley, Mallard and the County Judge
Vol H Page t u
Commissioners Court meeting September 9, 2008 5
voted "Aye". Commissioner Wassermann abstained. The motion
carried.
The next matter before the Court was consideration of
Resolution 08-014 adopting a plan for records management
according to policies and procedures consistent with Title 6,
Subtitle C, Local Government Code. The Sheriff responded yes it
is and then explained the process. On motion ny commissioner
Cauley, seconded by Commissioner Mallard, the Court voted
unanimously to adopt Resolution #08-014 to adopt a plan for
that purpose and to prescribe policies and procedures
consistent with the Local Government Records Act and in the
interests of cost-effective and efficient recordkeeping. A copy
is attached.
The Court next considered resolution 08-015 authorizing
the submission of a grant request to the Criminal Justice
Division of the Governor's Office for funding of a Brazos
County, Texas Program known as the Brazos County Special
Investigation Unit (BSCIU) for fiscal year 2009. The County
Judge asked if this is reviewed every year. On motion by
Commissioner Mallard, seconded by the County Judge, the Court
voted unanimously to authorize the County Judge to make
application to the Criminal Justice Division, Office of the
Governor, for grant funds to fund the Brazos County Special
Vol l la Page M
Commissioners Court meeting September 9, 2008
6
Investigation Unit (BCSIU) and to authorize the County Judge to
accept such grant funds should they be tendered.
The next matter for consideration was consideration of the
renewal of contracts for Residential Services with the
following facilities:
Hays County-Long Term and Short Term Residential
Services for Juvenile Offenders
a. effective September 1, 2008 through August 31,
2009
b. $95 per day/per child for boot camp; $100 per
day per child Juvenile Intensive Treatment; $120
per day per child for Sex Offender Residential
Treatment Program
Victoria County
a. effective upon execution through August 31, 2009
b. $95 per day/per child for in Detention Program;
$120 per day/per child a pregnant juvenile in
Residential Program; $90 per day per child other
than a pregnant juvenile Residential Program;
$125 per day/per child high risk
Texas Youth Commission Contract for Parole
Supervision and Services.
a. effective September 1, 2008 through August 31,
2010
b. $9.50 per day/per child for parole supervision
and services
Commissioner Mallard asked about the costs at these facilities
and if there was any price competition. Colin Coker explained
the increase in costs. He did say there were some grant funds
Vol 1I Page l1S
Commissioners Court meeting September 9, 2008 7
available. They monitor the facilities very closely before
bringing the contracts to Court. This includes monitoring the
costs. There are a lot of variables. On motion by the County
Judge, seconded by Commissioner Wassermann and Cauley, the
Court voted unanimously to approve the contract renewals. The
Texas Youth Commission Contract was incorrectly identified as a
residential contract when in fact it is a contract for parole
supervision and services. A copy of each contract is attached.
The next matter before the Court was consideration of a
request from Chuck Frazier, Emergency Management Coordinator
for permission to add reimbursement for data service to the
cell phone allowance for him and Michele Meade with the
Emergency Management Department. The cost for service is $30
per month/per phone. Commissioner Mallard stated that he
thought the policy should be amended. On motion by the County
Judge, seconded by Commissioner Cauley, the Court voted
unanimously to approve the request.
The Court next considered a proposed increase to the cost
of Brazos County Solid Waste Citizens' Collection Stickers,
with the addition of a volume discount. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to increase the price to $.60 per sticker and
adding a bulk price of $450.00 per 1000.
Vol I I A Page M
Commissioners Court meeting September 9, 2008 8
The next matter before the Court was consideration of the
renewal of Bid 2008-43R, Collection of Delinquent Civil and
Criminal fees, with McCreary, Veselka, Bragg & Allen, P.C. with
no increase in rates. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously to
approve the renewal of Bid 2008-43R. A copy is attached.
The next matter for consideration was approval for the
Purchasing Agent to advertise RFP 2009-006, Physician for
Brazos County Jail. On motion by Commissioner Cauley, seconded
by Commissioner Mallard, the Court voted unanimously to
authorize the Purchasing Agent to advertise for a physician for
the Brazos County jail.
The Court next considered a Rental Agreement Addendum to
the Mail Service Agreement with DeLucia Mail Service. By and
through the addendum, Brazos County agrees to lease a Pitney
Bowes mailing machine to DeLucia as Lessee. The term of the
addendum is for one year beginning August 1, 2008 and ending on
July 31, 2009. DeLucia agrees to pay to Brazos County $2,650
annually. On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to approve the
addendum and authorized the County Judge to execute the
document. A copy is attached.
The next matter before the Court was consideration of
Vol i 1 01~ Page l~1
Commissioners Court meeting September 9, 2008 9
Change Order No. 7 in the amount of $1,375.75 to Madison
Construction, LLP for the County Administration Building. The
change order would increase the contract sum from $3,805,932.50
to $3,807,308.25. On motion by the County Judge, seconded by
Commissioner Mallard, the Court voted unanimously to table
consideration to allow the Budget Officers time to verify the
amounts.
The Court next considered approval of a capital
requisition to Identyx, Inc. for the purchase of a fingerprint
scanner to be used for the registration of sex offenders. Cost
of the scanner is $13,073.00. On motion by Commissioner
Cauley, seconded by the County Judge, the Court voted
unanimously to approve the capital requisition.
The next matter before the Court was consideration of a
capital requisition to Austin Biometrics for the purchase of
Fingerprint Scanner Software for the registration of children's
fingerprints. Cost of the software is $2,575.00. On motion by
Commissioner Cauley, seconded by Commissioner Mallard, the
Court voted unanimously to approve the capital requisition.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in May 2008 on the following
dates:
Regular Meetings - 6th, 13th1 20tn, 27th
Vol II Page 6
Commissioners Court meeting September 9, 2008 10
On motion by Commissioner Cauley, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the minutes
as submitted.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Jim Mathis Road 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
North Country Estates Phases 5B and 12, 41.04 Acres located in
Precinct 2. Richard Vance, County Engineer, stated that he had
reviewed the plat and all appeared to be in order. On motion by
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to approve the final plat of the North
Country Estates Phases 5B and 12, 41.04 Acres as submitted.
The Court next considered a payment authorization in the
amount of $12,000.00 to the City of Bryan for the Tiburon Mobil
Data Software for each of the patrol unit laptops. The Sheriff
explained that this is a one time fee for the use of the
Vol ka Page 61
Commissioners Court meeting September 9, 2008 11
software. On motion by Commissioner Cauley, seconded by
Commissioner Mallard, 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 $1,259.62 to Walmart for
patio furniture for the atrium in the County Administration
Building. The items were purchased at Sam's Club, but with the
Walmart credit card. On motion by the County Judge, seconded
by Commissioner Cauley, the Court voted unanimously to approve
the payment authorization.
The Court acknowledged receipt of the Order Determining
Compensation of the County Auditor and Assistant County
Auditors. A copy is attached.
The Court acknowledged receipt of the Order Determining
Compensation of the Court Reporters for the 85tH, 272nd, and
361St District Courts. A copy is attached.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) There will be a meeting today at 11:30 a.m. and
an open house from 4:00 p.m. to 6:00 p.m. at the
EOC.
Under citizen input and/or concerns the following spoke:
Sheriff Chris Kirk
Vol I1a Page D60
Commissioners Court meeting September 9, 2008
a) There were 580 inmates last night, 95 are on
electronic monitoring and 36 are pending for
monitoring.
County Judge
a) Asked the Sheriff if he had deputies out looking
for jurors. The KFC murder trial begins today.
b) He reminded everyone that there would be a
Public Hearing today at 2:00 p.m. on a tax
increase.
12
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 1la Page ~Q
The foregoing minutes of the Commissioners Court meeting held
September 9, 2008 have been examined and are approved in open
Court this the )~3_day ofN(je,nbek- , 2008, in Bryan,
Brazos County,
Randy S
County
Duane Peters
Commissioner, Precinct 2
66-rey- a ey, Jr.
Commissi ner, Preci t.
Attest:
c
Karen McQueen
County Clerk
Lloyd assermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, ecinct
Vol I l Page a0a
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON ~~--6~-mod ~ 2008 AT ,O 0 ~
Name (PLEASE PRINT)
Organization/Department
CkJ'
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77
V
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1 103
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 2008 AT q'00~
Name (PLEASE PRINT)
Organization/Department
Av
A,J It,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-45.1 thru 07/08-45.7
On this the 9`h day of September 2008 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 9 September 2008 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 9th day of September 2008.
THE COMMISSIONERS, COURT OF BRAZOS COUNTY, TEXAS.
By:
Randy ~s, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Ila aas
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 45.1
9/9/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 21000100 59100000 CR DDEA 1,000.00
0100 21000100 61801000 DR Travel 1,000.00
Coun Clerk:
To reallocate funds to cover the cost of sending three clerks to the Texas Probate College conference.
s
13,20.0E
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 45.2
9/9/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
28,216.00
0100
28000100
61740000
CR
Telephone
6,750.00
0100
28002000
61740000
DR
Telephone
966.00
0100
28002000
61880000
DR
Utilities
34,000.00
Jail Administration:
To move funds from the County's
Contingency and SO - Telephone line item to cover the Jail's Telephone and Utilities costs.
$6,750.00 were originally budgeted for SO - Telephone line item, but SO's hone bills have been art of the courthouse
billing and
have been aid out of N
on-Departmental throu bout the year.
Ilk
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 45.3
9/9/2008
E
Increase
Decrease
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAM
00
443
6
0100
11001500
61130000
CR
Contingency
00
250
3
.
,
0100
35500200
51620000
DR
Hourl - Overtime
.
,
00
250
0100
35500200
53100000
DR
Social Security
.
00
400
0100
35500200
53200000
DR
Retirement
'
.
00
100
0100
35500200
53800000
DR
Com .
Workers
-
.
00
38
0100
35500200
60350000
DR
& Food Supplement
Food
.
00
500
0100
35500200
60380000
DR
Health Program Supplies
.
00
523
1
0100
35500200
60600000
DR
Office Supplies
.
,
00
382
0100
35500200
61500000
DR
Printing
.
enc R elief:
oE
mer
ve funds from the Coun 's Contin enc to cover the cost of the emergency relief for Hurricane Gustav.
'Prepared:By. = ti fd
Date: 91412008
arflnenf approval Date
D to
III
A 7*1
U
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 45.4
9/9/2nn8
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
41065000
CR
Drug Court Fee
5,361.00
0100
22700100
51610000
DR
Hourly - Staff
4,000.00
0100
22700100
53100000
DR
Social Securi
330.00
0100
22700100
53200000
DR
Retirement
490.00
0100
22700100
53300000
DR
Health Insurance
500.00
0100
22700100
53800000
DR
Workers' Com .
41.00
County Drug Court Program:
To increase both the revenue and expenditure
budget in the division based on the actual revenue collected.
.IL
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 45.5
9/9►9nnR
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
80283000
CR
Equipment - Jail
15,628.00
4500
63000500
67281000
DR
Equipment - Electronic
2,555.00
4500
63000500
80281000
DR
Equipment - Electronic
13,073.00
Capital Improvement Fund - SO Administration:
To reallocate funds from the Equipment - Jail line item for the purchase of-
1). the Sentry KidsFin erTIPS System for the re istration of the kids' fingerprints as art of the SO's communi
education project; and
2). the Iden
tix System for sex offender identifications.
140 L, g) 0
IRFArl
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 45.6
9/9/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000200
61880000
CR
Utilities
1,750.00
0100
31000200
71030000
DR
Employment Services
1,750.00
Juvenile Services - Detention:
To reallocate funds to cover the cost of a temporary cook for the remainder of the current fiscal year.
mm"
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 45.7
9/9/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 80286000 CR Equipment - Other 875.00
4500 63000500 80283000 DR Equipment - Jail 875.00
Capital Improvement Fund - Jail Administration:
To reallocate funds for the urchase of the re lacement kettles.
01.
Pie ari'c 6 6 -'r rv -0i
fd
~2-
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 9, 2008
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 Court at Law #I Court, Lori Resignation
District Attorney
Saenz, Crystal Resignation
Speakmon, Lyndsee New Hire
District Clerk
Kemp, Kadie E. New Hire
Smith, Leah M. New Hire
Speakmon, Lyndsee Resignation
Sheriff's Office
Jones, Shayla
Resignation
Kindell, Fred L.
Retirement
Pollock, John R.
Promotion
Solis, Tamera R.
New Hire
Approved in Commissioners' Court: September o 2008:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
~a a l3
BRYAN, TEXAS
BRAZOSCOUNTY
RECORDS MANAGEMENT RESOLUTION
WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act), provides that each local
government must establish an active and continuing records management program; and
WHEREAS, the County of Brazos, desires to adopt a plan for that purpose and to prescribe policies and procedures
consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping.
NOW THEREFORE:
SECTION 1. DEFINITION OF RECORDS OF THE COUNTY OF BRAZOS. All documents, papers,
letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other
information recording media, regardless of physical form or characteristic and regardless of whether public access
to it is open or restricted under the laws of the state, created or received by the County of Brazos or any of its
officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records
of the County of Brazos and shall be created, maintained, and disposed of in accordance with the provisions of
this ordinance or procedures authorized by it and in no other manner.
SECTION 2. RECORDS DECLARED PUBLIC PROPERTY. All records as defined in Sec. 1 of this plan
are hereby declared to be the property of the County of Brazos. No official or employee of the County of Brazos
has, by virtue of his or her position, any personal or property right to such records even though he or she may
have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is
prohibited.
SECTION 3. POLICY. It is hereby declared to be the policy of the County of Brazos to provide for efficient,
economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition
of all records of this office through a comprehensive system of integrated procedures for the management of
records from their creation to their ultimate disposition, consistent with the requirements of the Local Government
Records Act and accepted records management practice.
SECTION 4. RECORDS MANAGEMENT OFFICER. Lynn Allen, County Records Manager will serve as
records management officer for the County of Brazos as provided by law and will ensure that the maintenance,
destruction, electronic storage, or other disposition of the records of this office are carried out in accordance with
the requirements of the Local Government Records Act.
SECTION 5. RECORDS CONTROL SCHEDULES. Appropriate records control schedules issued by the
Texas State Library and Archives Commission shall be adopted by the records management officer for use in
County of Brazos, as provided by law. Any destruction of records of the County of Brazos will be in accordance
with these schedules and the Local Government Records Act.
We the undersigned members of Brazos County Commissioners Court hereby adopt this resolution on the 9`s day
of September 2008.
andy Sims
County Judge
Commiss ner Lloyd Wassermann Commissioner Duane Peters
Precinct 1 Precinct 2
Cor missioner K Mallard
Precinct
. rya .~..a►~
t
Commissl ner Carey Cauley r.
Precinct 4
Resolution #08-014
BRAZOS COUNTY
BRYAN, TEXAS
BRAZOSCOUNTY
RESOLUTION
A RESOLUTION BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS
AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL JUSTICE
DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING A BRAZOS COUNTY, TEXAS
PROGRAM KNOWN AS THE "BRAZOS COUNTY SPECIAL INVESTIGATION UNIT (BCSIU)."
WHEREAS, the Commissioners Court of Brazos County, Texas has the moral obligation to the citizens
and taxpayers of Brazos County to ensure that the criminal justice system operates in the most efficient and
coordinated manner possible; and
WHEREAS, the Commissioners Court feels that the creation of the Brazos County Special Investigation
Unit (BCSlU) will materially enhance the administration of justice in Brazos County, Texas; and
WHEREAS, the opportunity exists to fund vital parts of this program through the Office of the Governor
of the State of Texas, Criminal Justice Division; and
WHEREAS, the Commissioners Court agrees that in the event of a loss or misuse of the Criminal Justice
Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal
Justice Division in full.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas, at its
meeting on the 9`s day of September, 2008 that:
1. The Commissioners Court approves submission of the grant application to the Office of the Governor,
Criminal Justice Division, for grant monies to fund the Brazos County Special Investigation Unit
(BCSIU) from 1 October 2008 through 30 September 2009.
2. The County Judge of Brazos County, acting on behalf of Brazos County, is authorized to apply for,
accept, reject, alter, or terminate the grant.
.3. This resolution becomes effective
Randy
VV
Co issioner Lloyd WassermanlC6
Precinct 1
Q~ _
Commissioner y Mallard
Precinct 3
its
ns, County Judge
County, Texas
Commissioner Duane Peters
Precinct 2
ATTEST:
Karen'McQueen, County Cler
i
Commissioner Carey Cauley, Jr.
/Precinct 4
1 Q~ _ Resolution #08-015
J- 0.
~i~(a)
STATE OF TEXAS §
COUNTY OF HAYS §
CONTRACT AND AGREEMENT FOR SECURE
LONG-TERM AND SHORT-TERM
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
This Contract and Agreement is made and entered into by and between HAYS COUNTY
JUVENILE BOARD and the County of BRAZOS hereinafter referred to as the placing County,
acting by and through its duly authorized representative, as indicated by their signatures below, to be
effective from and after the 1" day of September, 2008, through the 31" day of August, 2009
pursuant to its provisions.
WITNESSETH:
Whereas, Hays County Juvenile Center has been duly inspected and certified as being
suitable for the treatment and detention of children: and,
Whereas, the placing County, in order to carry out and conduct its juvenile program in
accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention
facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act
indicating a need for supervision, during pre-trial and pre-dispositional status or in the post-
dispositional treatment prescribed by the Court; and
Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the
placing County for such use and purposes and Hays County desires to contract for the use of said
facility;
NOW, THEREFORE, the parties agree as follows:
1. TERMINATION
The term of this contract shall be for a period of twelve (12) months from the effective date;
however if either party hereto feels in its judgment that the contract cannot be successfully continued,
and desires to terminate the contract, then the party so desiring to terminate may do so by notifying
the other party in writing, by certified mail or personal delivery to its principal office, of its intention
to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received
by the other party. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall
terminate, become null and void and be of no further force of effort. Such termination shall not
affect or diminish the placing County's responsibility for payment of any amounts due and owing at
I ~0-~ a,
the time of termination of the contract. After receipt of notice of termination, the placing County
shall remove all children placed in the facility on or before the termination date.
II. COMPENSATION, BILLING, AND PAYMENT
The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $95.00
per day for each space utilized in the Detention and Boot Camp (BC) program. The placing County
agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $100.00 per day for each space
utilized in the Juvenile Intensive Treatment Program (JITP). The placing County agrees to pay
HAYS COUNTY JUVENILE BOARD the sum of $120.00 per day for each space utilized in the Sex
Offender Residential Treatment program (SORT). The per cost being based on the projected actual
cost of care for children in the facility. Payment shall be made monthly in accordance with Texas
Government Code, Chapter 2251. Payment for Goods and Services. The HAYS COUNTY
JUVENILE BOARD may at its discretion, or upon recommendation of the Hays County
Auditor's Office, impose interest on payments that become overdue in accordance with
§2251.025, Texas Government Code.
In addition to the rates agreed upon between the two parties, the placing County shall
reimburse the Service Provider for expenditures made for medical care and dental care for children
placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and
(2) the expenditures are approved by the placing County in writing prior to the expenditures being
made.
If emergency examination, treatment and/or hospitalization outside the facility is required for
a child placed in the facility, the Administrator of the facility is authorized to secure such
examination, treatment or hospitalization at the expense of the County. The County agrees to
indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents
and employees from any and all liability for charges for reasonable and necessary medical treatment,
examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate
County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence.
III. PLACEMENT OBJECTIVE
HAYS COUNTY JUVENILE BOARD agrees to provide a space if available at the time that
the placing County requests the space.
HAYS COUNTY JUVENILE BOARD will provide room and board; twenty-four hour per
day, seven day a week supervision; routine medical examination and treatment within the facility
(emergency examination, treatment, or hospitalization outside the facility with prior written approval
of the placing County, if feasible); TEA approved educational programming; recreation facilities;
and counseling to each child placed within the facility. The objective of the placement with the
Service Provider is to protect the well-being of the child, and in the long-term to enhance the child's
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functional abilities in a residential care setting and achieve the goals of the child's Individual
Treatment Plan and Child/Family Case Plan.
IV. ADMISSION AND DISCHARGE
Prior to transporting a child to the facility for short term-placement, the official authorizing
the placement shall call the facility to insure that space is available. Placement of children from any
County may be denied if space limitations require. Children referred for long-term placement shall
complete the referral process for acceptance prior to placement.
Each child placed in the facility shall be placed therein under proper order of the Juvenile
Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate
pre- and post-adjudication paperwork as stipulated by Texas Juvenile Probation Commission
Standards.
Each child placed therein shall be required to follow the rules and regulations of conduct as
fixed and determined by the Administrator and staff of the facility.
If a child is accepted by the facility from any County and such child thereafter is found to be,
in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose
mental or physical condition would or might endanger the other occupants of the facility, then the
Administrator shall notify the Juvenile Board and placing County of such conditions. Such child
shall be immediately removed from the facility. It will be the responsibility of the placing County to
provide for the transportation for the removal of the child.
The Service Provider must provide at least ten (10) calendar days notice before discharging a
child except when the child is a danger to self or others.
HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified
hereunder, without regard to such child's religion, race, creed, color, sex, or national origin.
It is further understood and agreed by the parties hereto that children placed in the facility
may be granted furloughs with parents, guardian, custodian, or other responsible adults only with
prior written approval of the placing County or appropriate Juvenile Court.
It is further understood and agreed by the parties hereto that children placed in the care of the
facility shall not be discharged therefrom without:
(a) Receipt of the Order signed by the Judge having juvenile jurisdiction of the placing
County, duly certified by the clerk of said Court, or
(b) Prior written authorization of the Juvenile Probation Department who originally
detained the child.
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,,a ats
It is further understood and agreed by the parties hereto that children placed in pre-
adjudication care in the facility shall be removed therefrom by the appropriate authorities from the
placing County, or its agents, servants or employees at the expiration of the period authorized by the
Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been
issued authorizing the continued detention, and a copy of such Order has been delivered to the
detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of
the waiver delivered to the facility.
It is further understood and agreed by the parties hereto that nothing in this contract shall be
construed to permit the placing County, its agents, servants, or employees in any way to manage,
control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any
manner respecting of their work, duties or function pertaining to the maintenance and operation of
the facility. However, it is also understood that the Juvenile Court of the placing County shall
control the conditions and terms of detention supervision as to a particular child pursuant to Texas
Family Code Section 51.12.
V. SERVICES TO BE PROVIDED
The Service Provider shall provide the following services to each child placed by the
placing County to the extent that such services are permitted within the Service Provider's
standards and consistent with the child's Individual Treatment Plan:
• Basic residential child care services, including food and snacks, room, clothing,
personal hygiene items, haircuts, local transportation & school supplies.
• Educational and vocational activities.
• Recreational activities.
• Special treatment services, including behavior management, diagnostic services,
psychological counseling, and psychiatric consultation.
• Medically necessary health services.
• Other services described in this Contract.
The Service Provider shall provide all services in a manner which safeguards the health,
welfare, and safety of the children to the maximum extent possible, and in the least restrictive
setting possible.
Residential care shall be provided by professional staff that possesses the required
qualifications for performing designated job functions. The Service Provider shall verify and
disclose, or cause its employees and volunteers to verify and disclose, criminal history and any
current criminal indictment for an offense against the person, an offense against the family, an
offense involving public indecency under the Texas Penal Code as amended, or an offense under
the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or
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comparable provisions in another state. This verification and disclosure shall be required for all
staff having direct contact with the placing County children.
VI. INDIVIDUAL TREATMENT PLAN
Each child placed in long-term shall have a written Individualized Treatment Plan (ITP)
developed in concert with the child and mutually agreed upon by the Service Provider staff, any
psychologist and/or psychiatrist working with the child, and/or appropriate placing County personnel
within thirty (30) days of placement. The ITP shall complement the Child/Family Case Plan
supplied by the placing County.
The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile
Probation Commission standards, to assess the child's progress with modifications of the ITP
being made when indicated. Either the Service Provider or the placing County may request a
review at any time.
The ITP shall contain the reasons why the placement will benefit the child; shall specify
behavioral goals and objectives being sought for the child; shall state how the goals and
objectives are to be achieved during the child's placement with the Service Provider; and shall
state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family
members will be involved in the ITP to assist in preventing or controlling the child's alleged
delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas
Family Code.
The Service Provider shall provide the placing County with a written report of the child's
progress toward or achievement of goal's objectives contained in the ITP on a monthly basis.
These reports are to include, but not be limited to, the following information:
(a)
Behavior in program.
(b)
Progress in treatment.
(c)
Progress in school.
(d)
Peer and staff relationships.
(e)
Family relationships.
(f)
Aftercare goals.
VII. PERFORMANCE MEASURES
Goals
The Individual Treatment Plan for each child shall contain specific behavior goals and
services that are appropriate to the child and that enable the child to develop to his/her fullest
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potential. This development will be through provision of a safe, drug-free environment in which
counseling services are utilized as tools for educational, emotional and behavioral catharsis.
Outputs
The Service Provider shall provide the placing County, within ten (10) working days,
information which outlines the services provided to clients. These output measures may include,
but are not limited to:
• Average length of stay of children in each program.
• Average daily population of children in each program.
• Average number of counseling hours provided each child daily, weekly or
monthly.
• Average number of educational hours provided each child daily, weekly or
monthly.
• Specific types of milieu implemented by the Service Provider.
Measurable Outcomes
The Service Provider agrees to furnish the placing County the annual indicators which
express the effectiveness of the Service Provider in providing public benefit. Evaluation of the
contract by the placing County will be performed by using the following outcome measures:
• 80% of youth successfully completing their program.
• 80% of youth report improved family communication/functioning while in
placement.
• 80% of youth will demonstrate progress in a majority of goals outlined in the ITP
and encompassing the nine domains of the Child/Family Case Plan.
• 85% of youth will earn at least'/2 educational credits in core subject(s).
Sanctions
If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out
by the placing County or if the Service Provider fails to comply with the terms of this contract,
the placing County may, at its discretion, take any one or more of the following sanctions:
• Cease placement of children at the facility.
• Remove children previously placed by the County.
• Require the Service Provider to take specific corrective actions in order to comply
with the terms and conditions of the contract.
• Suspend the contract in part or in whole until such time as the Service Provider is
in compliance with all of the terms of the contract.
• Terminate the contract.
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• Exercise any other rights or remedies which may be available to the County, at
law or in equity.
VIII. RECORDS AND RECORDS RETENTION
HAYS COUNTY JUVENILE BOARD will keep a record of all services provided to the
placing County under this agreement and provide all information, records, papers, reports, and other
documents regarding any aspect of the services furnished as may be requested by the placing County.
HAYS COUNTY JUVENILE BOARD will make these records and all other materials which relate
in any way to the services provided, available for inspection, audit, and examination by the County,
the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile
Probation Commission, and the State of Texas and/or their duly authorized representatives.
HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for
three (3) years after the final payment or until any audit or the program has been made and all
questions arising therefrom have been resolved, whichever is later.
This Agreement shall be construed under and in accordance with the laws of the State of
Texas.
HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive
State funds as required by Texas Family Code Section 231.006.
HAYS COUNTY JUVENILE BOARD shall adhere to all applicable state and federal laws
and regulations pertinent to the Service Provider's provision of services to the placing County.
IX. EXAMINATION AND ACCESS TO FACILITY
The placing County reserves the right to perform periodic on-site monitoring of the
Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness
of the Service Provider's performance under this Contract.
The Service Provider shall establish a method to ensure the confidentiality of records and
other information relating to the child according to applicable federal and state law, rules and
regulations, and applicable professional ethical standards. This provision shall not limit the
placing County's right of access to the child's case records or other information relating to
children served under this Contract.
X. INDEMNITY, HOLD HARMLESS, AND CLAIMS
The Service Provider shall indemnify, save and hold harmless the placing County, its
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~~a aaa
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any
character, type, or description, including without limiting the generality of the foregoing all expenses
of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation,
court costs, and attorney's fees for injury or death to any person, or injury to property, received or
sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly,
the acts of omissions of the Service Provider, its agents, servants, employees, consultants, or
invitees, in the execution or performance of this Contract.
In the event that any claim, suit, or other action is made or brought by any person, firm,
corporation, or other entity against the Service Provider or County, the Service Provider shall give
written notice to the placing County of any such claim, demand, suit or other action within three (3)
working days after being notified of such claim, demand, suit or other action of the threat thereof.
XI. INSURANCE
The Service Provider shall have, and shall require all subcontractors providing services under
this Contract to have insurance throughout the term of this agreement covering, among other matters
that the placing County shall desire, any and all damages and/or claims that might arise out of the
placement of county children. Such insurance shall include, but not limited to, breach of
confidentiality.
XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS
The Service Provider shall comply with all federal, state, county, and city laws, rules,
ordinances, regulations and standards applicable to the provision of services described herein and the
performance of all obligations undertaken pursuant to this Contract.
The Service Provider shall not discriminate against any employee or applicant for
employment based on race, color, religion, sex (gender), national origin, age or handicapping
condition. The Service Provider will take affirmative action to ensure that applicants are employed,
and that the employees are treated during employment without regard to their race, religion, color,
sex, national origin, age or handicapping condition.
The Service Provider shall comply with minimum standards as put forth by the Texas
Juvenile Probation Commission at all times.
The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or
exploitation are immediately reported to the placing County and to the appropriate authorities as
required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family
Code. The Service Provider shall ensure that its employees are properly trained in the reporting
requirements and procedures of Chapter 261 of the Texas Family Code.
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XIII. ACKNOWLEDGEMENTS AND ASSURANCES
The Service Provider acknowledges and agrees that the placing County is under no obligation
to place any child or children with the Service Provider and this Contract shall not be so construed.
The Service Provider acknowledges and agrees that the placing County may, at its
discretion, remove any child placed pursuant to this Contract, at any time. The placing County
will notify Service Provider in a timely manner prior to the removal of a child except in instances
where in the placing County's judgment such notification may result in risk to the child's health,
safety or welfare.
The parties acknowledge and agree that the Service Provider is under no obligation to
accept a child who is deemed by Service Provider to be inappropriate for placement with the
Service Provider.
Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they
are eligible to receive state funds and acknowledges that this contract may be terminated and
payment may be withheld if this certification is inaccurate.
The Service Provider agrees to account separately for the receipt and expenditures of state
funds received from the placing County. The Service Provider shall adopt specified accounting,
reporting, and auditing requirements applicable to any state funds paid to the Service Provider
under this contract.
XIV. LAW AND VENUE
In any legal action arising under this contract, the laws of Texas shall apply and venue
shall be in Hays County.
XV. MISCELLANEOUS PROVISIONS
Fee Assessment
Clients or their families shall not be assessed fees for services by the Service Provider
unless arrangements are specified by the Court. This does not preclude reasonable attempts to
seek voluntary contribution from families of the placing Counties clients for donations of
clothing, personal articles, and funds to assist in supporting a youth's rehabilitation.
Officials Not To Benefit
No officer, member or employee of Hays County and no member of its governing body,
and no other public officials of the governing body of the locality or localities in which the
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a3
project is situated or being carried out who exercise any functions or responsibilities in the
review or approval of the undertaking or carrying out of the project, shall participate in any
personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof,
THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it
being the declared intention of the parties hereto that the above and foregoing contract is a contract
providing for the care of children who have allegedly committed an act of delinquency or an act
indicating a need for supervision and payment for such care by the placing County for such children
placed in the facility by the Judge of the placing County having juvenile jurisdiction.
This Contract is in lieu of all previous contracts or agreements by and between HAYS
COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract
to terminate, become null and void, and be of no further force or effect of the date this contract
becomes effective.
Executed this the ~ day of ~ a each copy hereof
shall be considered an original copy for all purposes. 7/
Howard S. Warner, II
Chairman, Hays County Juvenile Board
Hays County Justice Center, Room 177
San Marcos, Texas 78666
Official ,e ithorized to Sign
Randy Sims
Printed Name
Title: County Judge & Juvenile
Board Chair
Brett Littlejohn
Administrator, Hays County Juvenile Center
2250 Clovis Barker Rd.
San Marcos, Texas 78666
BRAZOS COUNTY
L- k \J ru-'~
Official Au orized to Sign
10 i~-
~Lo
Printed Name
Title:
90-4 COUNTY
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1a
;(),3
,o K. -
THE STATE OF TEXAS
F VICTORIA COUNTY O #71a(b)
VICTORIA COUNTY JUVENILE JUSTICE CENTER
CONTRACT AND AGREEMENT
This contract is made and entered into by and between the VICTORIA COUNTY JUVENILE
BOARD, acting herein by and through its duly authorized representative and the County Judge of
Victoria County, Texas, Brazos County, Texas, acting herein by and through its duly
authorized representative and the County Judge of said county and Brazos County,
Texas (the "CONTRACTING COUNTY').
WITNESSETH
WHEREAS, the VICTORIA COUNTY JUVENILE BOARD, acting through the VICTORIA
COUNTY JUVENILE JUSTICE CENTER (VCJJC), operates Detention and Residential Programs at
the Victoria County Juvenile Justice Center, a pre-adjudication and post adjudication Facility (the
"Facility") owned by VICTORIA COUNTY, TEXAS;
WHEREAS, the Facility is inspected and certified as suitable for the detention of children and is in
compliance with applicable Texas Juvenile Probation Commission Standards and the Juvenile Justice
and Delinquency Prevention Act;
WHEREAS, the CONTRACTING COUNTY desires use of the Facility and its Programs in order to
carry out and conduct its juvenile program in accordance with Title III of the Juvenile Justice Code.
NOW, THEREFORE, the VICTORIA COUNTY JUVENILE BOARD and the CONTRACTING
COUNTY agree as follows:
1.
VCJJC shall provide program components, room, board, supervision, and care (24) twenty-four hours
per day to those juveniles accepted by the Facility. At a minimum, program components will include
educational programs, counseling programs, and process groups. Additional programs provided for
the long-term residential program include, but are not limited to, anger management, life skills,
individual counseling, group counseling, substance abuse prevention education, and AIDS awareness.
II.
The VCJJC will identify specific goals and outputs for each long term resident, and documents
measurable outcomes related to program objectives as outlined in Title 1 Texas Administrative Code
Section 351.13, and any goals, outputs, and measurable goals based on the Texas Health and Human
Services Commission substitute Care Provider Outcome standards, These goals and outputs will be
incorporated into an Individualized Treatment Plan (ITP) for each child in the Residential Program.
f b~~i~S 4.
The ITP will address the nine domain areas of medical, safety and security, recreational, educational,
mental behavioral health, relationship, socialization, permanence, and parent/child relationship, as
specified in the substitute care provider standards. The TTP will be developed and signed by all
required parties within thirty calendar days after the placement of the child in the program. The TIP
will be reviewed and updated every ninety (90) calendar days, or more frequently as circumstances or
need requires. Periodic progress reports will be provided to the CONTRACTING COUNTY every six
weeks, or more frequently as the need arises. These reports will be based on treatment, academic, and
behavior progress.
III.
The CONTRACTING COUNTY shall pay the Facility 95.00 per day for each day a juvenile is in
Detention Program; 120.00 per day for each day a pregnant juvenile is in the Residential Program,
and 90.00 per day for each day a juvenile (other than a pregnant juvenile) is in the Residential
Program;
In the event that a juvenile in the detention program is designated as a "High Risk" for suicide and
who require being placed on "Constant Supervision" as per Section 343.10(g)(2)(B) of the Texas
Juvenile Probation Commission Standards, the CONTRACTING COUNTY shall pay an additional
$125.00 per day along with the regular stated daily rate.
VCJJC will be responsible for accounting, billing, and payments for the operation of the Facility and
the CONTRACTING COUNTY shall pay in accordance with directives of VCJJC.
The CONTRACTING COUNTY shall receive a detailed statement each month when it has placed a
child in the Facility. Payment for bed space is due by the first working day of the following month.
Payments should be directed to:
Victoria County Juvenile Justice Center
97 Foster Field Dr.
Victoria, Texas 77904
IV.
The CONTRACTING COUNTY shall, in all events, be responsible for payment of medical expenses
necessary for the health, safety, and welfare of the CONTRACTING COUNTY'S juveniles.
If emergency examination, treatment, or hospitalization outside the Facility is required for a juvenile
placed in the Facility, the Administrator of the Facility may secure such examination, treatment or
hospitalization at the expense of the CONTRACTING COUNTY, and bill the CONTRACTING
COUNTY for the same. In such event, the Facility Administrator or his representative will notify the
CONTRACTING COUNTY 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 shall make arrangements directly with vendors for the provision of,
and payment for, routine medical expenses, including without limitation, hospitalization, prenatal
services, and dental, for Post-Adjudication Program juveniles and other juveniles for whom the
Administrator has not elected to secure such services as provided hereinabove.
Notwithstanding the foregoing, VCJJC will endeavor to seek and obtain all benefits available from
other sources for eligible juveniles. VCJJC will initiate and complete any appropriate Medicaid
application and complete all necessary documentation to obtain reimbursement for juveniles who may
be eligible for Medicaid. Any income received by VCJJC from sources other than this contract,
including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions
from parents or others must be documented as to each juvenile for whom a billing is submitted and
deducted from the invoice submitted to CONTRACTING COUNTY. Documentation must include
the name(s) and SID numbers of the parties receiving the services, the dates and time services were
provided and such other information deemed necessary for adequate fiscal control.
V.
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. The CONTRACTING COUNTY agrees and understands that all Texas Juvenile Probation
Commission required documents for admission to a Detention Center, or Residential Program will be
submitted to VCJJC at the time of placement. VCJJC retains the right and responsibility to refuse the
admission of any juvenile from the CONTRACTING COUNTY if said documents are not supplied at
the time of admission, and retains the option to require CONTRACTING COUNTIES to supply pre-
placement packets on children being considered for placement in the Residential Program, thirty days
before placement.
Acceptance of the juvenile into the detention Facility will be determined by space availability. In the
event overcrowding exists in the detention Facility, VCJJC maintains the right to ask the
CONTRACTING COUNTY to remove the juvenile within four (4) hours from the time notified.
CONTRACTING COUNTIES may reserve Post-Residential beds.
VCJJC reserves the right to refuse custody to any juvenile who is deemed inappropriate.
The VICTORIA COUNTY JUVENILE BOARD has resolved to operate the Facility in compliance
with the Juvenile Justice and Delinquency Prevention Act, and therefore, VCJJC will not accept into
custody juveniles whose detention would prevent the Facility from complying with the Juvenile Justice
and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses
that would not be criminal if committed by an adult or offenses which do not constitute violations of
valid court order, or such non-offenders as dependent or neglected children." Section 223(a) (12) (A).
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
r~ azg
t
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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 determination and notification by the
Facility Administrator to the CONTRACTING COUNTY, the CONTRACTING COUNTY shall
remove or cause to be removed the youth from the Facility when notified that the juvenile has become
unmanageable. Pre-adjudicated youth shall be removed within four (4) hours of notification; post-
adjudicated youth shall be removed as soon as practicable, but in no event longer then seven (7)
working days after notification. Juveniles who are intoxicated or in need of immediate medical
attention will not be accepted under any circumstances without having been seen, treated and released
by a medical professional.
VI.
The term of this Contract shall run from September 1, 2008 or the date of execution, whichever is
later, until August 31, 2009. This Contract shall automatically renew and extend for an additional one
year period on the first day of September of each succeeding year unless either party notifies the other
in writing at least 30 days prior to the expiration of said term of it's intention not to renew this
contract. This renewal and extension is subject to the availability of funds for the contract year, to
the allocation of funds to meet the terms of this contract, and subject to the approval of the
CONTRACTING COUNTY. Upon renewal and extension of this contract the then prevailing
rates charged by the Facility shall be applicable.
The Contract may be Terminated Without Cause by either party by tendering thirty (30) days advance
written notice to the other party. During the notice period, the parties will attempt to resolve the issues
giving rise to termination.
The Contract may be Terminated For Cause and without notice in the event of a material breach of any
term of this Contract.
Upon the termination or expiration of this Contract, the VICTORIA COUNTY JUVENILE BOARD,
the VICTORIA COUNTY JUVENILE JUSTICE CENTER, and VICTORIA COUNTY shall be
discharged from any further obligations hereunder.
VII.
Pursuant to Section 231.006 of the Family Code, VCJJC 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. VCJJC and
VICTORIA COUNTY maintains a relationship of good standing with the Texas Comptroller of
Public Accounts. VCJJC and COUNTY use and employ Generally Accepted Accounting Principles
(GAAP). VCJJC and COUNTY are audited by an outside, independent authority at least annually, and
must comply with periodic financial reporting procedures.
VCJJC adheres to all applicable state and federal laws and regulations pertinent to its provision of
services. The Facility complies with all applicable regulatory agency policies, procedures, and
administrative rules. VCJJC possesses and maintains all applicable or required, current state licenses,
certifications, registrations, and regulatory permits for a child care Facility. Copies of licenses,
V L ME aa~
certifications, and permits will be supplied to the CONTRACTING COUNTY upon receipt of written
request for these documents. The Administration of VCJJC will disclose to CONTRACTING
COUNTIES any pending or initiated criminal or governmental investigations, and results/findings
related to the Facility.
VCJJC accounts separately for the receipt and expenditures of any and all funds received under this
contract, or any funds received from the State of Texas, or funds received from any Federal program.
VCJJC maintains all applicable records for a minimum of three years, or until any pending audits and
all questions arising thereof have been resolved.
VRJJC 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. VRJJC 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. The
CONTRACTING COUNTY and VCJJC will ensure that this clause concerning the authority to audit
funds received indirectly by subcontractors through VRJJC and the requirement to cooperate is
included in any subcontract it awards.
VIII.
VCJJC will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed,
race, color, sex, or national origin.
IX.
Funds for payment have been provided through the CONTRACTING COUNTY budget approved by
the Commissioners' Court of the CONTRACTING COUNTY for this fiscal year only. State of Texas
statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a
budget has been approved. Therefore, anticipated orders or other obligations that may arise beyond
the end of the current CONTRACTING COUNTY'S fiscal year shall be subject to budget approval.
X.
The invalidity or unenforceability of any term or provision of this contract shall in no way affect the
validity or enforcement of any other term or provision herein.
XI.
Neither party under this Contract shall have the right to assign nor transfer its rights to any third parry
without prior written consent by the other party.
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the
parties. hereunder, shall be governed by the law of the State of Texas, and all venues shall be in
Victoria, Victoria County, Texas.
This Contract is expressly made subject to Victoria County's Sovereign Immunity, Title 5 of the
Texas Civil Practice and Remedies Code, and all applicable federal and state law. The parties
I 1a a30
expressly agree that no provision of this Contract is in any way intended to constitute a waiver of
any immunities from suit or liability that Victoria County has by operation of law. Nothing in this
Contract is intended to benefit any third party beneficiary.
Doug Vanc , Executive Director
Brazos
Chairman
Victoria County Juvenile Board
Services
Date:
Randy S' County Judge and
Chal of the Juvenile Board
Date: g~v9~y8
Donald R. Pozzi
Victoria County Judge
Date:
~ a31
STATE OF TEXAS §
§ C
COUNTY OF TRAVIS §
CONTRACT FOR PAROLE SUPERVISION AND SERVICES
PS093
This contract effective September 1, 2008, by and between the Texas Youth Commission, hereinafter TYC,
and Brazos County Judicial District Juvenile Probation Department, Government Entity, 1904 West
Highway 21, Bryan, Texas 77803, hereinafter Service Provider, for the provision of parole supervision and
services to youth in the following counties: Brazos. This contract, Number PS093, will expire on August 31,
2010.
This contract is entered into "The Interlocal Cooperation Act", §791.001 et.seq., Texas Government Code, and
Human Resources Code §61.083 for the mutual considerations described in this contract.
1. SERVICE PROVIDER
For and in consideration of the payment of fees for parole supervision and services, Service Provider will:
A. Comply with applicable TYC General Administrative Policies (GAP), attached as Exhibit A, and
incorporated into this contract as if set forth herein. Any amendments made to the policies in Exhibit A
during the term of this contract apply to the Service Provider as of the effective date of said amendment.
B. Provide the following parole supervision and services:
1. Ensure compulsory school age youth comply with state compulsory school attendance laws.
2. Ensure non-compulsory school age youth are constructively engaged in employment, community
service, training, educational activity, treatment, and/or home detention for a minimum of 40 hours per
week.
3. Ensure youth comply with all required or special conditions outlined in their Individual Case Plans.
4. Assess the youth's behavioral/phase and develop the Individual Case Plan and objectives based on
that assessment, attached as Exhibit B, Parole Phase.
5. Meet regularly with the youth and secondary persons (family, employers, educators, treatment providers
etc.) to assess youth's constructive activity involvement and progress toward Individual Case Plan
Objectives. The following contact requirements apply:
a. Intensive: General Offenders - four (4) primary contacts within initial 30 days; Classified Offender -
eight (8) primary contacts within initial 60 days
b. Moderate: All offenders - two (2) primary contacts monthly.
c. Minimum: All offenders - One (1) primary contact monthly.
Secondary contacts are determined by individual need and risk.
6. Require youth to provide documentation in support of his/her constructive activity requirements, e.g.,
school attendance reports, employment verification documents (pay stubs, etc.). "Constructive
Activity" youth is engaged or participating in an educational, employment, treatment, training, home
detention, and/or community service program for a minimum of 40 hours per week.
7. Provide case management documentation, which includes the Individualized Case Plan (ICP) and
submit information to TYC staff for entry into the electronic information system. The relevant policies
include GAP.87.1 and .87.33 Supervision Levels in Parole Home Placement.
8. Discharge youth in compliance with TYC GAP.85.61 and TYC procedures for contract parole.
9. Ensure complaints are reported and resolved in compliance with TYC GAP.93.31 Youth Complaint
Resolution System.
10. Ensure youth accountability for appropriate rules of conduct on parole TYC GAP.95.3 Rules of Conduct.
11. Ensure all allegations of mistreatment are reported in compliance with GAP.93.33, Alleged Mistreatment
Rules and Definitions.
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12. Conduct appropriate administrative due process hearings in compliance with TYC GAP .95.51,.95.53,
.95.55,.95.57 and .95.59.
13. Report all incidents for which youth may be disciplined and all serious incidents according to TYC
GAP.07.03 Incident Report and TYC procedures for contract parole.
14. Conduct home assessment and updates, GAP.85.43, Home Placement.
15. Comply with GAP.87.91 for the family reintegration of sex offenders, which includes at least one contact
per month in the home while the youth is on double intensive, intensive, or moderate surveillance. At
least one in home contact per quarter while the youth is on minimum surveillance.
C. Attend 18 hours of required TYC sponsored training per year.
D. Assign one contract parole officer per county and assign no more than 20 parolees per officer unless a
written plan to TYC has been submitted and approved by the Quality Assurance Administrator.
E. Submit quarterly claims to the TYC District Office on a standardized invoice attached as Exhibit C. Use a
separate invoice for each month and include on the invoice names of each youth for whom payment is
requested, the start and end date the total number of days for which payment is requested, the rate of pay
and the total amount for each youth; and submit the invoice no later than (10) ten work days from the last
day of the quarter for which payment is requested.
F. Afford TYC access to TYC youth and all records and/or information on TYC youth at all times.
G. Forward copies of all audits, monitoring, and investigative reports completed by the program's certifications
authority or any other funding entity to the Contract Specialist within five (5) work days of receipt.
H. Allow TYC/designee to perform monitoring, performance evaluations, investigations, or audits.
1. Provide access, inspection, and reproduction to all records related to services rendered under this
contract that are necessary to facilitate monitoring, performance evaluations, investigations or audits.
2. Records include, but are not limited to, contracts, notes, real property documents, accounting/financial
records, written policies and procedures, correspondence, performance evaluation data and reports,
and any other information pertinent to revenues, costs, expenses, and performance of services
provided under this contract belonging to the Service Provider. Evaluation of services may include, but
is not limited to, office visits, interviews with youth and the administration of questionnaires to the staff of
the Service Provider and TYC youth.
3. Upon request by TYC and during reasonable business hours, provide facilities to TYC/designee to
perform any of the functions listed in this subsection, as well as adequate and appropriate workspace
and copier.
1. Maintain all financial records in accordance with generally accepted accounting principles.
Maintain and retain records for a minimum of three (3) years and 90 calendar days after the termination of
the contract period, or for three (3) years after the end of the federal fiscal year in which services were
provided, whichever is longer. If any litigation claims, disputes, or audit involving these records begins
before the three (3) years and 90 calendar days period expires, the Service Provider will keep the records
and documents until all litigation, claims, disputes, or audit findings are resolved. Resolution is when a final
order is issued in litigation, or a written agreement is entered into between TYC and the Service Provider.
Contract period means the beginning date through the ending date specified in the original contract or any
amendments.
K. Notify the Quality Assurance Specialist immediately if a TYC youth makes an unauthorized departure from
the parole placement.
L. Require any of Service Provider's employees or to cooperate with and testify in judicial proceedings,
legislative and administrative hearings or investigations, at the request of TYC.
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11 a )33
M. Notify the Deputy Director of Residential Support Services in writing of all revenue sources and
reimbursements from third parties for any and all costs or services associated exclusively with a youth
served under this contract. Billing more than one revenue source for the same costs or services provided a
single youth is prohibited and shall be recouped or administrative error sanctions shall be imposed as set
forth herein. Neither a youth nor his/her parents or guardians will be required to pay for the support of the
youth in the program, unless otherwise ordered.
N. Ensure a computer setup with the following: Microsoft Office for Word documents and Excel spreadsheets,
local internet service provider (ISP) and an e-mail address.
0. Notify TYC if Service Provider is or becomes a covered entity under the Health Insurance Portability and
Accountability Act (HIPAA). Service Provider is to secure any HIPAA consent or authorization necessary to
provide to or obtain from TYC protected health information.
II. TYC
For and in consideration of the parole supervision and services provided to TYC youth by Service Provider, TYC
will:
A. Provide the Service Provider with policies and amendments from relevant TYC manuals used in the
provision of parole supervision and services to TYC youth.
B. Pay for services rendered by Service Provider at the rate of $9.50 per youth per day. The NTE (not to
exceed) amount of this contract is $48,000.00 (forty eight thousand dollars). If additional funding is
needed, an amendment will be required.
C. Pay for ongoing services provided for a period not to exceed ten (10) days following a youth's absence from
the home/home substitute and who are in legal custody other than TYC, or the youth has absconded.
D. Terms of payment shall be in accordance with Chapter 2251, Texas Government Code and Texas
Government Code 403.055(h) that "payment owing to the contractor under this contract will be applied
toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state,
or delinquency in payment of taxes that the Comptroller administers or collects until the indebtedness or
delinquency is paid in full."
E. Reimburse the Service Provider for mileage at a rate not to exceed the state reimbursement rate, for
mileage incurred in attending meetings and training sessions presented by TYC staff and for mileage
incurred in visiting or transporting TYC youth detained in facilities outside of their judicial district, provided
prior approval is obtained from the TYC Quality Assurance Supervisor. TYC will reimburse Service Provider
for the cost of DNA testing required by HB 1068, 79th Texas Legislature, performed at the request of TYC,
provided that prior approval is obtained from the Quality Assurance Supervisor.
F. Transport or arrange transportation for youth to the contracted parole officer for admission and transport or
arrange transportation for the youth if another placement is determined to be in the best interest of the youth.
G. Complete monitoring of Service Provider's program according to the schedule developed by Central Office
Contract Administration.
H. Pay for supplemental services necessary for individual case plans in accordance with TYC protocol for
treatment.
1. Issue a directive to apprehend an escapee once notified by the Service Provider.
J. Promptly notify the Service Provider of any changes in a youth's parole status that would affect the payment
of fees for parole services.
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K. Provide quarterly training on required training components.
L. Provide access to TYC applications and information resources via web as needed.
Ill. CERTIFICATIONS
Article 1: Equal Opportunity
Service Provider certifies compliance with all terms, provisions, and requirements of Titles VI and VII, Civil
Rights Act of 1964, the Americans with Disabilities Act of 1990, and any other Federal, state, local or other anti-
discriminatory act, law, statute or regulation, along with all amendments and revisions of the acts, laws, statutes
or regulations, in the performance of this contract, and will not discriminate against any child or youth, client,
employee, or applicant for employment because of race, creed or religion, age, sex, color, national or ethnic
origin, handicap, or any other illegal discriminatory basis or criteria.
Article 2: Unfair Business Practices
Service Provider certifies that it or its officers have not been found guilty in a judicial or state administrative
agency proceeding of unfair business practices as set out in the Texas Business and Commerce Code and that
no officer of Service Provider has served as an officer of another company which has been found guilty in a
judicial or state administrative agency proceeding of unfair business practices. If the above certifications are
false, this contract is void.
Article 3: Franchise Taxes
Section 1: Service Provider certifies that should Service Provider be subject to payment of Texas franchise
taxes, all franchise taxes are current. If such certification is false this contract may be terminated at
the option of TYC or other administrative error sanctions may be taken.
Section 2: If Service Provider is exempt from payment of Texas franchise taxes, Service Provider shall so
indicate by attachment to this contract.
Section 3: If Service Provider's payment of Texas franchise taxes becomes delinquent during the term of this
contract, Service Provider will notify TYC within 24 hours. If such delinquency cannot be cured
within 24 hours and a copy of the Certification of Account Status proving payment of delinquent
taxes cannot be provided to TYC, this contract may be terminated at the option of TYC or other
administrative error sanctions may be taken under the provisions of the contract.
Article 4: Asbestos Regulation Compliance
Service Provider certifies compliance with the Asbestos Hazard Emergency Response Act of 1986 (AHERA) by
having on file with the Texas Department of State Health Services (DSHS) a copy of Service Provider's AHERA
Management Plan for each facility the Service Provider owns, leases, or otherwise uses as a school or is part of
a school, grades kindergarten through 12, inclusive where applicable. Prior to the initiation of services under this
contract, Service Provider shall provide to TYC a certification of an asbestos-free environment or a copy of the
DSHS acceptance and approval for the Service Provider's AHERA Asbestos Management Plan(s). Service
Provider shall comply with the approved Management Plan during the term of this contract and any renewals;
failure to do so shall be grounds for termination of the contract. Should DSHS approve a revised or modified
Management Plan, a copy of the DSHS acceptance and approval of the revised or modified Management Plan
shall be furnished to TYC.
Article 5: Human Immunodeficiency Virus Services Act Compliance
Section 1: Service Provider certifies compliance with the HIV Services Act, [Vernon's Texas Code Annotated
(VTCA); Health and Safety Code, Section 85.001, et se requirements for maintenance of
confidentiality regarding HIV and its related conditions, including Acquired Immunodeficiency
Syndrome (AIDS).
Texas Youth Commission Page 4 of 12 Contract for Parole Supervision (9/07)
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Section 2: Service Provider further certifies that workplace guidelines are developed and implemented.
Service Provider may elect to use workplace guidelines developed and implemented by TYC.
Should Service Provider not elect to use workplace guidelines developed and implemented by TYC,
Service Provider agrees its workplace guidelines shall be similar to TYC's as required by §85.113,
Texas Health & Safety Code.
Section 3: In the absence of confidentiality guidelines, Service Provider is not eligible to receive state funds,
and Service Provider agrees to refund to the state any state funds Service Provider receives while
ineligible.
Article 6: Communicable Disease Prevention & Control Act Compliance
Service Provider certifies compliance with the applicable provisions of the Communicable Disease Prevention
and Control Act, [Vernon's Texas Code Annotated (VTCA); Health & Safety Code, Section 81.001 et se g.
Article 7: Federal Confidentiality Compliance
Any program that specializes, in whole or in part, in providing treatment, counseling, and/or assessment and
referral services for youth with alcohol or other drug problems must comply with the Federal confidentiality
regulations. Said regulations apply only to programs that are federally assisted either directly or indirectly.
Service Provider certifies compliance with these Federal requirements for confidentiality [42 USC Section 290
dd-2; 42 CFR Part 2] and agrees to comply with said requirements for so long as this contract is in force.
Article 8: Educational Requirement
Service Provider is responsible for implementing and ensuring that youth placed in their program are provided
with the appropriate educational services as required by state and federal law.
Article 9: Restriction on Possession of Weapons
Service Provider agrees that Service Provider or any associates providing services on behalf of Service
Provider, shall not carry or possess any type of firearm or other weapon as defined by Texas Penal Code
Section 46.02 while rendering services to TYC youth under this contract. This prohibition includes the carrying
of a concealed handgun licensed under the authority of Chapter 411, Subchapter H, Texas Government Code.
Service Provider shall be under an affirmative duty to keep weapons out of the possession of TYC youth in
Service Provider's care.
Article 10: Required Disclosure of Lobbyist Activity
Service Provider agrees that if any person who is an employee of, director of, subconsultant, or subcontractor
for Service Provider is required to register as a lobbyist under Chapter 305, Texas Government Code at any
time during the term of this contract. Service Provider shall notify TYC Deputy Director of Residential Support
Services and provide timely copies of all reports filed with the Texas Ethics Commission as required by Chapter
305, Texas Government Code.
Article 11: Notification to TYC of Subconsultants & Subcontractors
Section 1: TYC shall be notified of the selection and/or use of all subcontractors, or subconsultants regularly
used by the Service Provider in performing or assessing the performance of Service Provider's
duties under this contract if paid or anticipated to be paid an amount exceeding $5,000.00 during
the term of this contract, and they are subject to the approval of TYC; said approval will not be
unreasonably withheld.
Section 2: No contractual relationship will exist between Service Provider's subconsultants or subcontractors
and TYC. TYC shall have no responsibility whatsoever for the conduct, actions, or commissions
(active or passive) of any subconsultants or subcontractors in the performance of their duties under
this contract.
Texas Youth Commission Page 5 of 12 Contract for Parole Supervision (9/07)
Section 3: Service Provider shall be solely responsible for the management of any subconsultants or
subcontractors in the performance of their duties under this contract.
Article 12: Compliance with Child Support, §231.006, Family Code
"Under §231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in
this contract or bid is not ineligible to receive the specified grant, loan, or payment and acknowledges that this
contract may be terminated and payment may be withheld if his certification is inaccurate."
SERVICE PROVIDER MUST PROVIDE, IN THE SPACE BELOW, THE NAME AND SOCIAL SECURITY
NUMBER OF AN INDIVIDUAL OWNER, A SOLE PROPRIETOR AND ALL PARTNERS, SHAREHOLDERS,
OR OWNERS WITH AN OWNERSHIP INTEREST OF AT LEAST TWENTY-FIVE (25) PERCENT OF THE
BUSINESS ENTITY ENTERING INTO THIS CONTRACT.
For nonprofit corporations with no identifiable owner of twenty-five percent (25%) or more of the corporation,
indicate with "none" on the first line below.
Nnnp
Name, Social Security Number, Percent
Article 13: Compliance with §572.054, Texas Government Code, Former Officer or Employee of TYC
Service Provider certifies compliance with §572.054, Texas Government Code. Service Provider has not
employed a former officer or employee of TYC to perform services on Service Provider's behalf, to secure this
contract or to represent Service Provider in any manner prohibited by the referenced statute. A false certification
could result in termination of this contract.
Article 14: Signatory Authority
The undersigned signatory certifies by his/her signature, that he/she has the authority to bind the Service
Provider to the contract provisions stated herein.
Article 15: Compliance with §2252.901, Texas Government Code, Former or Retired Employee of the
Agency
Service Provider certifies compliance with §2252.901, Texas Government Code, which provides "A state agency
may not enter into an employment contract, a professional services contract under chapter 2254, or a consulting
services contract under Chapter 2254 with a former or retired employee of the agency before the first
anniversary of the last date on which the individual was employed by the agency, if appropriated money will be
used to make payments under the contract. This section does not prohibit an agency from entering into a
professional services contract with a corporation, firm, or other business entity that employs a former or retired
employee of the agency within one year of the employee's leaving the agency, provided the former or retired
employee does not perform services on projects for the corporation, firm or other business entity that the
employee worked on while employed by the agency." Service provider certifies that he/she is not prohibited from
entering into this contract because of any prior employment with TYC.
Article 16: Specially Designated Nationals and Blocked Persons List
Service Provider certifies that it is not on the list of Specially Designated Nationals and Blocked Persons
maintained by the Office of Foreign Assets Control.
Texas Youth Commission Page 6 of 12 Contract for Parole Supervision (9/07)
3-7
Article 17. Criminal Background Checks
Service Provider will:
Provide information as directed and personnel access for a criminal background check including, but
not limited to, fingerprinting check, criminal records check, sex offender registration records check, and
drug test. Criminal background checks shall be conducted at TYC's expense and through TYC or
TYC's contract providers for each of the service provider's employees, agents, consultants,
subcontractors, subcontractor's employees, and volunteer workers who work in direct youth care or has
regular direct contact with TYC youth. Any service provider employee, agent, consultant, subcontractor,
subcontractor's employee, or volunteer worker who is unwilling to provide or who does not provide
required information shall be immediately prohibited from working with TYC youth. Any service provider
employee, agent, consultant, subcontractor, subcontractor's employee, or volunteer worker shall not
work with TYC youth until the criminal background check is completed and approval is obtained from
TYC's Director of Human Resources.
2. Notify TYC's Director of Human Resources of any employee, agent, consultant, subcontractor,
subcontractor's employee, or volunteer worker who works with TYC youth and who is arrested, indicted,
or charged with a criminal offense or who resigns while under investigation for inappropriate conduct or
policy violations. Such employee, agent, consultant, subcontractor, subcontractor's employee, or
volunteer worker shall be immediately suspended from working with TYC youth unless authorized by
TYC's Director of Human Resources.
TYC will approve any service provider employee, agent, consultant, subcontractor, subcontractor's employee,
or volunteer worker who works in direct youth care or has regular direct contact with TYC youth in accordance
with TYC policies and procedures. TYC's designated contact for criminal background checks is the Director of
Human Resources (512) 424-6000.
Article 18: Convictions for Hurricane Katrina or Rita
Under Section 21255.006, Government Code, the vendor certifies that the individual or business entity named in
this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be
terminated and payment withheld if this certification is inaccurate.
IV. GENERAL PROVISIONS
Article 1: Relationship of Parties
The Service Provider is acting as an independent contractor and is wholly responsible for the day-to-day
operations of its programs and employees; no joint venture, partnership, or agency exists nor shall be implied by
the terms of this contract. No employee of Service Provider shall become an employee of TYC by virtue of this
contract.
Article 2: Indemnity
Service Provider agrees to be liable for, and hereby does indemnify and hold harmless TYC and its officers,
directors, agents, employees and representatives from and against any and all liability for any and all claims,
suits, demands, causes of action, and/or damages, (including costs of court and reasonable attorneys' fees)
arising from or based upon misconduct, intentional or negligent acts or omissions on the part of Service
Provider, its officers, directors, agents, representatives, employees, or visitors which may arise out of or could
result from this contract.
Article 3: Liability Insurance
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is a33
Section 1: Service Provider shall maintain liability insurance in the amount of $300,000 for each occurrence of
negligence. The insurance must cover injury to a youth that occurs when the youth is in Service
Provider's care, custody or control.
Section 2: Service Provider shall provide proof of insurance documents to the TYC Deputy Director of
Residential Support Services, upon request.
Section 3: The required insurance coverage must be maintained during the term of this contract in the above
stated amount. Failure to maintain the required insurance coverage may result in termination of this
contract or any other administrative error sanctions.
Article 4: Confidentiality and Security
Section 1: Service Provider agrees that all its employees will comply with state and federal law and with TYC
policies regarding the confidentiality of student records and identifying information.
Section 2: Service Provider agrees that all information regarding TYC and/or its youth that is gathered,
produced, or otherwise derived from this contract shall remain confidential subject to release only
by permission of TYC.
Section 3: Service Provider's employees who visit any TYC facility will comply with that facility's security
regulations.
Section 4: Identifying pictures, appearances, films, or reports of TYC youth may not be disclosed by Service
Provider without the written consent of the youth and, if under age 18, of his or her parents,
guardian, or managing conservator.
Article 5: Administrative Error Sanctions
Section 1: TYC, based on information from monitoring or other verifiable sources, may terminate this contract
for the reasons set forth in the article dealing with termination below, or take other actions including,
but not limited to:
a. Require the Service Provider to take specific corrective actions in order to remain in compliance
with the terms of this contract; and/or
b. Recoup payment made to Service Provider; and/or
c. Impose recommendations from audit or investigative findings, and minor or major sanctions;
and/or
d. Assess liquidated damages for each instance of non-compliance with the terms of this contract
equal to $150 multiplied by the average daily population of TYC youth placed with the Service
Provider in the preceding month; and/or
e. Suspend, place into abeyance, or remove any contractual rights including, but not limited to,
withholding payment, moratorium on placements, population limitations and/or removal of all
youth presently in the program.
Section 2: Service Provider shall cooperate fully with TYC and its authorized representative in carrying out
corrective action plans.
Article 6: Termination
Section 1: Service Provider may terminate its obligations under this contract by giving thirty (30) days notice
and assisting in relocating youth in the program to other placements.
Section 2: TYC may terminate its obligations under this contract by giving thirty (30) days notice, or
immediately in the event youth are removed from the program when conditions exist that threaten
the health, safety or welfare of TYC youth in the program, or in the event of breach of contract by
Service Provider.
Section 3: TYC may terminate its obligations under this contract for failing to complete the corrective action
specified and no extenuating circumstances exist; or is non-compliant with any area of the contract;
or is below average in any single TYC performance measure; or is below standards in overall
performance measure rating.
Texas Youth Commission Page 8 of 12 Contract for Parole Supervision (9/07)
~ r , N i j*a"~ a3 `1
Section 4: TYC shall terminate this contract in the event that TYC is not granted funding to pay for the herein
described services or in the event that funding is lost due to either a reduction in the budget or a
reallocation of budgeted funds.
Article 7: Waiver
No waiver by either party of any breach or default of the other under this contract shall operate as a waiver of
any future or other breach or default, whether of a like or different character or nature.
Article 8: Severability
If any part of this contract is contrary to any federal, state, or local law, it is not applicable and such invalidity
shall not affect the other provisions or applications of this agreement which can be given effect without the
invalid provision or application and to that end the provisions of this contract are declared to be severable.
Article 9: Contract Amendment
No other agreements, oral or written, shall constitute a part of this contract unless such be made in writing,
executed by the parties hereto or their successors, and expressly made a part thereof.
Article 10: Contract Renewal
The contract will not be automatically renewed. The contract may be renewed with the mutual agreement of
both parties. The rate and services may be renegotiated based on performance and service delivery and the
mutual agreement of both parties.
Article 11: Notice of Changes
Section 1: Service Provider shall notify TYC immediately in writing in advance of any significant change
affecting the Service Provider, including but not limited to change of Service Provider's name or
identity, location of services, ownership or control, operating entity, governing board membership,
key personnel, payee identification number, and other significant changes that may affect the
delivery of services under the terms of this contract.
Section 2: Service Provider shall refrain from transferring or assigning this contract or from entering into any
subcontract for the services under this contract without prior written approval from TYC.
Section 3: Service Provider shall not relocate the services provided under this contract from the location stated
in the preamble without prior written approval from TYC and a certification that the location to which
services are to be relocated is in compliance with Chapter 224, Local Government Code.
Article 12: Notice
Required notices will be provided to the Deputy Director of Residential Support Services at the TYC Central
Office at 4900 North Lamar, Post Office Box 4260, Austin, Texas 78765; to the TYC District Office at San
Antonio District Office, 321 N. Center, Ste 200 W, San Antonio, Texas 78202, to the Contract Specialist at
22 Briercroft Office Park, Lubbock, Texas 79412 ; to the Quality Assurance Administrator at Austin District
Office 6400 FM 969, Austin, Texas 78724 to the Quality Assurance Specialist at San Antonio District Office,
321 N. Center, Ste 200 W, San Antonio, Texas 78202; and to the Service Provider at San Antonio District
Office, 321 N. Center, Ste 200 W, San Antonio, Texas 78202.
Article 13: Venue
In any legal action or criminal prosecution arising under this contract, the laws of the State of Texas shall apply
and venue will be in Travis County, Texas.
Texas Youth Commission Page 9 of 12 Contract for Parole Supervision (9/07)
940
Article 14: Problem Solving in the Ordinary Course of Business
Section 1: The parties to this contract shall use the procedures contained in this article for routine problem
solving including claims for breach of contract. Should these procedures not resolve claims for
breach of contract, the procedures contained in Article 15 shall be followed thereafter.
Section 2: Informal Resolution: Contract Service Providers and TYC staff will communicate regularly and
engage in informal problem solving efforts as a routine measure, thus preventing differences from
becoming major problems. When routine measures have been exhausted, TYC staff are
encouraged to utilize the following mechanism to resolve problems.
Section 3: Formal Resolution:
a. Contract Service Providers or TYC staff who wish to submit problems for resolution may do so
in writing, including all relevant information and a recommended resolution.
b. The statement of problem will be submitted to the TYC Contract Specialist unless the problem
specifically involves the Contract Specialist, in which case, it will be submitted to the Quality
Assurance Administrator.
c. Problems are resolved within ten working days; written responses will be sent to the individual
or program that submitted it, TYC Contract Specialist and Quality Assurance Administrator.
Section 4: Appeal: Service Provider desiring to appeal the decision may do so within ten days by writing all
pertinent information relevant to the appeal to the Quality Assurance Administrator if the problem
was resolved by the TYC Contract Specialist; or Deputy Director of Residential Support Services if
the problem was resolved by the Quality Assurance Administrator. When appealed, the problem
shall be resolved within 14 working days; responses will be sent to the individual or program who
submitted it; TYC Contract Specialist; Quality Assurance Administrator; and Deputy Director of
Residential Support Services.
Article 15: Claims for Breach of Contract
Section 1: The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must
be used, as further described herein, by the Texas Youth Commission and Service Provider to
attempt to resolve any claim for breach of contract made by the Service Provider.
a. Service Provider's claim for breach of this contract that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in Chapter
2260, Subchapter B, of the Government Code. To initiate the process, the Service Provider
shall submit written notice, as required by Subchapter B, to the Executive Director. Said notice
shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A
copy of the notice shall also be given to all other representatives of the Texas Youth
Commission and the Service Provider otherwise entitled to notice under the parties' contract.
Compliance by the Service Provider with Subchapter B is a condition precedent to the filing of a
contested case proceeding under Chapter 2260, Subchapter C, of the Government Code.
b. The contested case process provided in Chapter 2260, Subchapter C, of the Government Code
is the Service Provider's sole and exclusive process for seeking a remedy for any and all
alleged breaches of contract by the Texas Youth Commission if the parties are unable to
resolve their disputes under subparagraph A. of this paragraph.
c. Compliance with the contested case process provided in subchapter C is a condition precedent
to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and
Remedies Code. Neither the execution of this contract by the Texas Youth Commission nor
any other conduct of any representative of the Texas Youth Commission relating to the contract
shall be considered a waiver of sovereign immunity to suit.
Section 2: The submission, processing and resolution of the Service Provider's claim is governed by the
published rules adopted by the Texas Youth Commission pursuant to Chapter 2260, as currently
effective, hereafter enacted or subsequently amended.
Section 3: Neither the occurrence of an event nor the pendency of a claim constitute grounds for the
suspension of performance by the Service Provider, in whole or in part.
Texas Youth Commission Page 10 of 12 Contract for Parole Supervision (9/07)
Article 16: No Third Party Beneficiaries
The terms of the Agreement are for the sole benefit of the parties to the Agreement and will not be construed to
confer any rights on any other person.
Article 17: Audit Clause
Service Provider understands that it and its subcontractors by accepting funds directly or indirectly under this
contract are subject to the authority of the State Auditor or its successor entity to conduct audits or
investigations pursuant to Chapter 2262 of the Texas Government Code. Service Provider shall include a clause
in its subcontracts providing that its subcontractors are subject to the authority of the State Auditor or its
successor entity to conduct audits or investigations. Under the direction of the legislative audit committee, a
Service Provider that is the subject of an audit or investigation by the State Auditor must provide the State
Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Failure
to cooperate with the State Auditor may subject Service Provider to criminal penalties.
Texas Youth Commission Page 11 of 12 Contract for Parole Supervision (9/07)
I
For the Texas Youth Commission:
Robin McKeever, Chief Financial
For Service Pr94der_ G
Date
Service Pr der, Randy Sim Count Ju ge/Juv Brd Chair Date
Service Provider, Doug Vance, Executi Director Date
Approved as to form:
Contract Number: PS093
Date
d~-
Texas Youth Commission Page 12 of 12 Contract for Parole Supervision (9/07)
TEXAS YOUTH COMMISSION
EXHIBIT A
General Administrative Policies
Parole Supervision and Services
GAP.07.03
Incident Report (3/15/05)
GAP.81.31
Weapons and Concealed Handguns (12/18/03)
GAP.81.37
Public and Media (2125/03)
GAP.81.41
Confidentiality (12/18/03)
GAP.85.71
Home Placement (4/1/05)
GAP.85.75
Temporary Admission Awaiting Permanent Placement (4/1/05)
GAP.85.79
Parole of Undocumented Foreign Nationals (4/1/05)
GAP.85.85
Interstate Compact for TYC Youth (4/1/05)
GAP.85.95
Parole Completion and Discharge (7/1/07)
GAP.87.1
Case Planning (10/2/06)
GAP.87.33
Surveillance and Supervision Levels in Parole Home Placement (4/26/04)
GAP.93.31
Complaint Resolution System (7/1/08)
GAP.93.33
Alleged Abuse, Neglect and Exploitation (6/4107)
GAP.95.3
Rules of Conduct (11/8/05)
GAP.95.51
Level I Hearing Procedure (8/30/06)
GAP.95.53
Level I Hearing by Telephone (12/31196)
GAP.95.55
Level II Hearing Procedure (8/30106)
GAP.95.57
Level III Hearing Procedure (3115/05)
GAP.95.59
Level IV Hearing Procedure (7/31/01)
GAP.97.23
Use of Force (11/1/06)
GAP.97.29
Directives to Apprehend (12/18/03)
GAP.97.41
Community Detention (3/31/03)
GAP.99.1
Confidentiality Regarding Youth Alcohol and Drug Abuse (4126/04)
GAP.99.9
Access to Youth Information and Records (4/26/04)
GAP.99.11
Youth Masterfile Records (1/8/07)
GAP 111.13
Quality Assurance of Contract Programs (7127104)
{ R, I 44
Texas Youth Commission
Page 1 of 1 Exhibit A: GAP (8/6/07)
IRENEWAE ACCEPTANCE
By signing herewith, I acknowledge and agree to renew Bid 2006-
432, Collection of Criminal and Civil Court Cost and Fees, in
accordance with all terms and conditions previously agreed to and
accepted. The new bid number will be Bid 2008-0438.
I understand this agreement will be in effect upon approval by
Commissioner's Court.
McCreary, Yeselka, Bragg & Allen P.C.
Authorized Signature U
BI2.A.ZOS COUNTY
Randy Si9K, County Judge
S~O,~,F -
D e
~la 9/, S-
Date
_I~a a~5
RENTAL AGREEMENT ADDENDUM TO MAIL SERVICE
AGREEMENT
This rental agreement addendum contract is part of the Mail Service
Agreement entered into between Brazos County, Texas, hereinafter "County"
and DeLucia Mail Service, hereinafter "DeLucia" and previously approved by
the Commissioners Court.
By and through this Rental Agreement Addendum, Brazos County as
Lessor, agrees to lease a Pitney Bowes mail sorter to DeLucia as Lessee.
The term of this Addendum shall run concurrent to the term of the
Mail Service Agreement, i.e., one (1) year, beginning on August 1, 2008 and
ending on July 31, 2009.
The County may, at its option and with the agreement of DeLucia,
extend the period of this addendum contract for additional one (1) year terms.
The County shall notify DeLucia in writing of its intent to extend the
Contract period at least thirty (30) calendar days prior to the expiration of
the original contract period, or any additional term thereafter.
For the lease of the mail sorter, Delucia agrees to pay the sum of
$2650.00 annually. The parties understand and agree that this sum
constitutes reimbursement to the County for sums paid under a mail sorter
maintenance agreement. Therefore, in the event that the price(s) may
increase in the future under such mailing machine maintenance agreement,
the annual lease amount due under this agreement shall increase
accordingly.
Lessor shall be responsible for all reasonably necessary repairs, service
and/or replacement of the mail sorter in the event of malfunction or
performance matters including communication with the service agreement
vendor.- Lessee will notify the service agreement vendor when repairs are
necessary and then the point of contact whenrepairs are needed, and repairs
not covered by the maintenance agreement will be the responsibility of the
lessee. Lessee shall be responsible for the purchase(s) of all supplies required
for use of the mail sorter.
Lessor further agrees to sell to Delucia at a prorated amount based on
the quantity remaining in inventory at the time of transfer supplies for the
mailing machine that Lessor has in its possession. The selling price will be
q ~ 4&
based on the original cost paid by the County. The agreement made in this
provision by Lessor to sell remaining supplies is limited only to the supplies
that Lessor presently has on hand and shall not constitute a promise to sell
discounted supplies indefinitely or after the inventory of supplies on hand is
exhausted.
The Brazos County Purchasing Department will serve as the point of
contact between Brazos County and DeLucia.
It is expressly agreed that the terms of each and every provision in this
contract shall prevail and control over the terms of any other conflicting
provision in any other document relating to and any part of the contract in
which the attachment is incorporated.
The apparent silence of specifications as to any detail, or the apparent
omission from it of a detailed description concerning any point, shall be
regarded as meaning that only the best commercial practice is to prevail and
that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement.
Any requests for reasonable price adjustments must be submitted
thirty (30) days prior to the contract anniversary date.
The County may terminate this addendum contract and repossess the
mail sorter if DeLucia fails to perform or observe any other material term or
condition of the contract, and such failure continues for more than ten (10)
days after receipt of written notice of such failure from the County or if
DeLucia becomes insolvent.
In addition to all other remedies at law or equity, the County may
offset from any money due to DeLucia any amounts DeLucia owes to the
County for damages resulting from breach or deficiencies in performance
under this contract.
All amendments to this contract must be in writing and signed by both
parties.
If any term or provision of this contract is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions of this agreement shall remain in full force and effect and shall in
no way be affected, impaired, or invalidated.
2 of 4
Notices provided hereunder must be in writing to be effective, and shall
be deemed received upon the earlier to occur of (a) actual receipt; or (b) three
days after the same are mailed by U.S. certified or registered mail, postage
prepaid and return receipt requested, to the following address, or to such
other address as shall have been provided by notice=
If to DeLucia: DeLucia Mailing Service
2021 S. Texas Avenue
Bryan, Texas 77802
If to the County: Brazos County
Brazos County Auditor
200 S. Texas Avenue, Suite 218
Bryan, Texas 77803
This Addendum Contract shall be governed by the laws of the State of
Texas and applicable federal law and shall be fully performable and
enforceable in Texas.
This Addendum Contract may be executed in multiple copies, each of
which shall be considered a true and original copy of this contract.
THIS CONTRACT is made and entered into this w r
by and between DeLucia Mail Service and Brazos County.
DELUCIA MAUL SER.vICE
Scott;-DeL&ia
County Judge
TTE ATTES
A
3 of 4
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: September 9, 2008
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line
installations in the right of way of Jim Mathis Road (1405 Jim Mathis Rd). 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 D BY:
Richard F. Vance, P.E.
County Engineer
CC2008-063
This Request is
Date: 4fa
E. Duane Peters
/ Denied ❑ by Commissioners' Court
Randy Sings; County Judge
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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) _ wicks on creek special L'ti.llr.v District.
proposes to place a (type) waterline within x across_ the right-of-way of
(road) 14o5_im Mathis 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 1o day of SP}ztember20 U
Firm. Wicks n Creek Special Utility District
By.
01-
t , 00 Title: General Manager
.Address: B. 0. Box 4756
Bryan, Texas 77805
Phone 979-589-3030
APPROVED BY COMMISSIONERS'
COURT ON:.
Randy Simms. County Judge
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AUG 2 V 2908
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In the District Courts
-of
Brazos County, Texas
ORDER DETERMINING COMPENSATION
OF
COUNTY AUDITOR AND
ASSISTANT COUNTY AUDITORS
On the 21st day of August, 2008, after a public hearing in accordance with the Texas Local
Government Code, the undersigned Judges of the District Courts in Brazos County, Texas,
determined the compensation to be paid to the County Auditor and Assistant County Auditors as set
forth in this order.
IT IS THEREFORE ORDERED that, effective October 1, 2008, the annual compensation of
the County Auditor and each Assistant County Auditor positions be set as set forth and approved in
the attached Exhibit "A" which is incorporated herein. Actual compensation amounts for each
individual Assistant County Auditor will submitted to the Brazos County Human Resources
department by the County Auditor and shall not exceed the position amount in Exhibit "A".
Additionally, the County Auditor and Assistant Auditors shall be paid longevity based on years of
service at September 30, 2008, in accordance with the Brazos County Longevity Pay Policy and in
the amount set forth by said policy.
VO 11 a PAGE r aIG
IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in
the minutes of the District Courts of Brazos County, Texas and shall certify this order to the
Commissioners Court of Brazos County, Texas for its observance.
SIGNED this 28~ay of August, 2008.
J LANG EY~
Presiding Judge
85`h District Court
fRAVIS B. BRYAN, III
Presiding Judge
272nd District Court
STEVE SMITH
Presiding Judge
361" District Court
ACKNOWLEDGED;
County Judge
date
lea x.53
EXHIBIT A
ORDER DETERMINING COMPENSATION OF
COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS
Fiscal Year 2008-2009
POSITION
EMPLOYEE
BIRE DATE
ANNUAL SALARY
Count Auditor
Katie Conner
3/20/1995
$86,602.00
Director of Accounting
Fan Dan
5/17/1999
$64,427.00
Director of Internal Auditing
Mark Garton
8/12/2004
$59,056.00
Assistant County Auditor-Level III
Am Bates
5/17/1999
$46,961.00
Assistant County Auditor-Level II
Megan Conkel
10/13/2003
$39,510.00
Assistant Count Auditor-Level II
Rosa Lozano
10/13/2003
$39,129.00
Assistant County Auditor-Level II
Brian Pratt
2/27/2004
$39,510.00
Assistant Count Auditor-Level I
Magdalen See
11/15/2005
$36,705.00
Assistant County Auditor-Level I
Thao Cao
4/7/2008
$34,384.00
Accounting Assistant-Level II
Beverly Mu h
10/10/1994
$33,855.00
Assistant Auditor-Part time
Cynthia Lockled e
5/14/2008
$10,972.00
2iAtW1 .T;4UO'),2aX3T:K)3.TAT?,SHT
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In the District Courts
of
Brazos County, Texas
ORDER DETERMINING COMPENSATION
OF
COURT REPORTERS
On the 21 st day of August, 2008 after a public hearing in accordance with the Texas Local
Government Code, the undersigned Judges of the 85th, 272d and 361st District Courts in Brazos
County, Texas determined the compensation to the paid to the Official Court Reporters of the 85th,
272"d and 36151 District Courts as set forth in this order.
IT IS THEREFORE ORDERED that effective October 1, 2008, the annual compensation of
the Official Court Reporters of the 85t1i, 272nd and 36151 District Courts be set as follows:
Position Name
Court Reporter Paula Frederick $65,124.72
85"' District Court
Court Reporter Carolyn White $65,124.72
272nd District Court
Court Reporter Felix Thompson $65,124.72
3615( District Court
IT IS FURTHER ORDERED. that in the event that the Commissioners Court of Brazos
County, Texas authorizes a cost of living or other across-the-board increase for Brazos County
employees in excess of five percent or less than five percent for the fiscal year beginning October 1,
2008, the present salaries (Fiscal Year 2008) of the court reporters shall be adjusted to provide for
the same percentage increase authorized by the Commissioners Court for all other Brazos County
employees.
IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in
the Minutes of the District Courts of Brazos County, Texas, and shall certify this order to the
Commissioners Court of Brazos County, Texas for its observance.
SIGNED this ~-q 'Aay of August, 2008.
J J.D. LANGL f
Presiding Yge
85`x' Districourt
T AVIS B. BRYAN,
Presiding Judge
272nd District Court
STEVE SMITH
Presiding Judge
361St District Court
ACKNO
Randy SirrrX, County Judge date
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