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HomeMy WebLinkAbout2008-11-11-9:00AM-REGULARF~ S A v - I O~ ~p ti) Y O F ~¢P J/ p/J NOTICE OF MEETING - - AND AGENDA _ BR1~OS COUNTY COMMISSIONERS COURT TILE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, NOVEMBER 11, 2008 AT 9-00 IN TAE COMMISSIONERS COURTROOM OF TAE COUNTY ADMINISTRATION BUIZ.DING, 200 SOUTH TEXAS AVENLI E, SUITE 106, BRYAN, TEXAS_ 1 . Invocation and Pledge of Allegiance -County Judge_ 2_ Call for citizen input and/or concerns_ Consider and take action oa agenda items 3 thru 20 3_ Budget Amendments 08/09 6.1 through 6.7 4_ Payment of Claims. 5_ Personnel Change of Status. 6. Contract with Bell County for Contract Placement for Juvenile Services_ Term of the - contract is September 1, 2008 through August 31, 2009- 7. Contract with IIT cas County for Contract Placement for Juvenile Services_ -r rl oftlla contract is October 1, 2008 through September 30, 2009- 8- Contract with Genesis House for Contract Placement for Juvenile Services. Teni~ ofthe contract is October 1, 2008 through September 30, 2009_ Offfca of the County Judge . 200 SOLLth Texas Ave_ - Suite 332 Bryan, Texas 77803 - Fax (979) 361-4503 Commissioners Court Meeting Agenda November 11, 2008 Page Two 9. Agreement with the Brazos Animal Shelter, Inc. for animal shelter services. The amount to be paid by Brazos County is $40,772. The term of the agreement is October 1, 2008 through September 30, 2009. 10. Agreement between Brazos County and the Children's Museum. The amount to be paid by Brazos County is $15,000. The term of the agreement is October 1, 2008 through September 30, 2009. 11. Contract with Voices for Children, Inc. for Guardian ad litem services. Term of the contract is September 1, 2008 through August 31, 2009. 12. Request from the Purchasing Department to advertise Bid No. 2009-18 for carpet for Juvenile Justice Center. 13. Request from the Purchasing Department to advertise Request For Proposal No. 2009- 17 for Agenda Management Solution. 14. Appointment of the selection committee for Agenda Management Solution. 15. Requisition for purchase and installation of an additional security camera for Juvenile Services in the amount of $429.50. 16. Requisition for purchase of the curriculum for Juvenile Services Academy in the amount of $3,023.75. 17. Exemption from Competitive Bidding for the following vendors for Vehicles and Equipment Repair: a. Action Sports b. Briggs Equipment c. Clark Equipment d. Druery Tire Repair e. Franks Electric Motors f. Normangee Tractor g. Stewart & Stevenson h. Tennant i. TK Sales j. We Rent It k. Wylie & Sons 1. Gaas Refrigeration Commissioners Court MeetingAgenda November 11, 2008 Page Three 18. Award of Annual Contract for Janitorial services for Justice of the Peace and Constable Precinct 3 and Justice of the Peace Precinct 1. 19. Request from Constable, Precinct 1 to keep one vehicle that will be replaced this year with a new vehicle. 20. Annual Contract with Research Valley Partnership for operation. The amount of the contract is $293,287. The term of the contract is October 1, 2008 through September 30, 2009 21. Call for citizen input and/or concerns. 22. Announcements. 23. Agency / Board / Committee reports by Court members. 24. Adjourn. The Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 11, 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, November 11, 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; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. Under citizen input/and or concerns, Commissioner Mallard asked Lynn Allen to give a brief synopsis of what was happening with records management. The Court next considered Budget Amendment ##08/09-6.1 through 6.7 that would allocate the DDEA funds to various departments; set up the budget for the JTTF Reimbursement Vol j I ~ Page 1*7 4 Commissioners Court meeting November 11, 2008 2 account (2); reallocate funds for the Jail Expansion, Commissioners Court, Constable, Precinct 1, General Permanent Improvement Fund; and transfer funds from Constable, Precinct 2 to General Permanent Improvement Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy of each is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7055985 through 7056259 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. 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 Mallard, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was consideration of a contract with Bell County for Contract Placement for Juvenile Services. Cost to Brazos County is $95.00 per day/per juvenile and general offenders, and $105.00 per day/per juvenile sex offender. The term of the contract is for the Vol I I (Q Page .15 Commissioners Court meeting November 11, 2008 3 period of one year beginning September 1, 2008 through August 31, 2009. On motion by Commissioner Peters, seconded by Commissioner Cauley the Court voted unanimously to approve the contract and authorized the County Judge to execute the documents. A copy is attached. The Court next considered a contract with Nueces County for Contract Placement for Juvenile Services. The cost to Brazos County is as follows: Basic Level $38.59 per juvenile/per day Moderate Level $87.99 per juvenile/per day Specialized Level $126.49 per juvenile/per day Intensive Level $221.19 per juvenile/per day Emergency Shelter $106.22 per juvenile/per day on motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The Court next considered a contract with Genesis House for Contract placement for Juvenile Services. Term of the contract is for 12 months commencing October 1, 2008 through September 30, 2009. Cost to Brazos County is as follows: Basic Care & Emergency Shelter $106 per juvenile/per day Moderate Care $106 per juvenile/per day Commissioner Peters moved to approve the contract and authorize the County Judge to execute the document. Commissioner Wassermann seconded the motion. Commissioners Vol ► I CP Page -74~, Commissioners Court meeting November 11, 2008 4 Wassermann, Peters, Mallard and the county Judge voted "Aye". Commissioner Cauley abstained. A copy is attached. The next matter before the Court was consideration of a contract with the Brazos Animal Shelter, Inc. to house animals, other than livestock, that have been seized within its jurisdiction. Cost to Brazos County is $40,772.00. The term of the contract is for one year commencing on October 1, 2008 and terminating on September 30, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The Court next considered a contract between Brazos County and the Children's Museum to provide a safe area for children to learn and explore through exhibits and on-going programs that enhance their curiosity, develop their imagination and assist in the learning about a variety of experiences. The cost to Brazos County is a one time payment of $15,000.00 for a period beginning October 1, 2008 and ending September 30, 2009. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Vol 1 I Page - 7 7 Commissioners Court meeting November 11, 2008 5 contract for services with Voices for Children as Guardian ad litem for children in the custody of the Department of Family and Protective services. The cost to Brazos County is $20 per hour for the services of court appointed Guardian ad litem. The term of the contract is for fiscal year 2009. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2009-18, Carpet for Juvenile Justice Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for carpet for the Juvenile Justice Center. The next matter for consideration was approval for the Purchasing Agent to advertise RFP 2009-17, Agenda Management Solution. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the Purchasing Agent to advertise for RFP's for agenda management solution. The Court next considered a requisition in the amount of $429.50 for the purchase, delivery and installation of an Vol It Page -18 Commissioners Court meeting November 11, 2008 6 additional security camera for Juvenile Services. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of a requisition in the amount of $3,023.75 for the purchase and delivery of the curriculum for the Juvenile Academy. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(11). On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements for fiscal year 2009 for the following vendors: a. Action Sports b. Briggs Equipment C. Clark Equipment d. Druery Tire Repair e. Franks Electric Motors f. Normangee Tractor g. Stewart & Stevenson h. Tennant i. TK Sales j. We Rent It k. Wylie & Sons 1. Gaas Refrigeration The Court next considered awarding the annual contract for Janitorial Services for the offices of Justice of the Vol > Page Commissioners Court meeting November 11, 2008 7 Peace, and Constable, Precinct 3 and Justice of the Peace, Precinct 1. Leslie Williams Senior Buyer, recommended awarding the contract to Howell Service. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to Howell Service. A copy of the bid tabulation is attached. The Court next considered a request from Constable, Precinct 1, Archie Clark, to keep a vehicle that his office would have normally turned in this year. This, Constable Clark, said would allow his office to have a reserve vehicle. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The next matter before the Court was consideration of the annual contract with Research Valley Partnership. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to table this item. Under citizen input and/or concerns the following spoke: Sheriff Chris Kirk a) The 14th Annual Crime Stoppers Conference is underway this morning at the Hilton Hotel. Brazos County is hosting it. b) There were 570 inmates in jail. 96 are on electronic monitoring and 68 are pending. Vol ll(~ Page ~o Commissioners Court meeting November 11, 2008 8 c) The construction trailer should be showing up today for the jail project. d) His office is looking into placement of inmates in other during the project. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Peters a) The Human Resources Department has open enrollment meetings again today at 10:30 a.m. and at 2:30 p.m. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He asked Carlos Guitron, Director of Building Maintenance about the ATM machines that are being installed in the offices of Justices of the Peace, Precincts 1 and 3. Candy Gallego, Executive Assistant informed the Judge that the Verizon phone lines are going in on Wednesday. There being no further business to come before the Court, the meeting was adjourned. Vol 1) Page 8I The foregoing minutes of the Commissioners Court meeting held November 11, 2008 have been examined and are approved in open Court this the Kpl~- day of l JCCeMLCr , 2008, in Bryan, Duane Peters Commissioner, Precinct 2 arey C ley, Jr. Commis oner, Precinc Attest: 9~'~w4~ ~i4~ aren McQueen County Clerk Lloy Wassermann Commissioner, Precinct 1 Kenny Mallarll~ Commissioner, Precinct 3 VolI I Page 8a Brazos County, Texas. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON / 1, 1 2008 AT ' goo Ap, Na e (PLEASE PRINT) Organization/Department 4~' 7 0 \k ~~(t L C►~- L~ r.l--T 69/7 n J 4 ~dz),AA Lc e4 4 CA BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT / 00.4 AI BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT X00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09-6.1 thru 08/09-6.7 On this the l Ph day of November, 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 11, November 2008 the Court heard and approved a budget amendment for the 2008-2009 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 19 September 2008, the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 11th day of November, 2008. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Ori Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Sims, County Judge attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 6.1 11/11/2008 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 10002000 59100000 DR Veterans Services-DDEA 1,742.20 0100 11000100 59100000 DR Comm. Court - DDEA 808.50 0100 12000100 59100000 DR Treasurer - DDEA 7,961.64 0100 12500100 59100000 DR Risk Mgmt. - DDEA 8,275.91 0100 13000100 59100000 DR Tax Office -DDEA 31,485.41 0100 14000100 59100000 DR I.T. -DDEA 30,514.42 0100 15000100 59100000 DR Human Resources -DDEA 848.39 0100 16500100 59100000 DR Purchasing -DDEA 4,358.95 0100 17000100 59100000 DR Buldg Maint. -DDEA 38,798.41 0100 18000100 59100000 DR County Attorney -DDEA 14,041.12 0100 19000100 59100000 DR District Attorney -DDEA 16,751.38 0100 20000100 59100000 DR District Clerk -DDEA 5,943.39 0100 20010000 59100000 DR Court and Jury -DDEA 18,161.09 0100 20020000 59100000 DR Collections - DDEA 4,867.63 0100 21000100 59100000 DR County Clerk -DDEA 35,475.35 0100 22000100 59100000 DR 85th Dis. Court -DDEA 679.00 0100 22100100 59100000 DR 272nd Dis. Court -DDEA 466.93 0100 22200100 59100000 DR 361st Dis. Court -DDEA 11,037.92 0100 22500100 59100000 DR Juvenile Referee -DDEA 1,705.00 0100 22600100 59100000 DR Magistrate -DDEA 981.69 0100 23000100 59100000 DR CCL# 1 -DDEA 4,470.74 0100 23100100 59100000 DR CCL#2-DDEA 2,141.05 0100 24101100 59100000 DR J.P. #1 -DDEA 25,656.39 0100 24201100 59100000 DR J.P. #2 -1-DDEA 6,270.90 0100 24201200 59100000 DR J.P. #2-2 -DDEA 4,560.26 0100 24301100 59100000 DR J.P. #3 -DDEA 23,173.26 0100 24401100 59100000 DR J.P. #4-DDEA 560.74 0100 28000100 59100000 DR Sheriff Office -DDEA 15,503.59 0100 28002000 59100000 DR Jail Admin - DDEA 10,761.67 0100 30101100 59100000 DR Constable Pct 1-DDEA 1,985.09 0100 30201100 59100000 DR Constable Pct 2 -DDEA 1,381.84 0100 30301100 59100000 DR Constable Pct 3 -DDEA 1,148.67 0100 30401100 59100000 DR Constable Pct 4 -DDEA 441.61 0100 31000100 59100000 DR Juvenile -DDEA 28,420.10 0100 35500100 59100000 DR Emerg. Mgmt. - DDEA 39,506.79 0100 36000100 59100000 DR Expo Complex 101,027.69 0100 36500100 59100000 DR Brazos Center -DDEA 9,113.95 0100 37000100 59100000 DR Ag Ext. - DDEA 3,443.50 0100 11001500 61130000 CR Contingency 514,472.17 Various Departments - To allocate the DDEA for 08-09 based on remaining bal ances in 07-08 b udget. Prepared By` Date' 11/3/08 ounty Jud Approval Date', Q lI( 97 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 6.2 11/11/08 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 281000 51620000 DR Overtime 13,607.00 0100 281000 53100000 DR Social Security 1,040.00 0100 281000 53200000 DR Retirement 1,605.00 0100 281000 53800000 DR Worker's Comp 76.75 0100 48097000 CR FBI-Terrorist Investigator 16,328.75 JTTF To set u bud et for the JTTF Reimbursement Pro am. Prepared By: ab Date: 11/312008 11~ 8g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 6.3 11/11/08 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Buildin -Sheriff Jail 10,000.00 4308 63430800 61801000 DR Travel 10,000.00 ITo reallocate funds to allow for travel by the Jail staff. I I I 1 Prepared dy if Date: 1114/2008 iDepaIi mb _APPfo Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 6.4 11/11/08 ~~G 70 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 6.5 11111108 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 59100000 CR DDEA 1,521.00 0100 30101100 67890000 DR Vehicle Equipment 1,521.00 Constable Pct. #1: Clark To reallocate funds to allow for the purchase of two new radars. 4 9l BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 6.6 11/11/08 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 81,815.05 4500 63000500 65950000 DR Vehicle Equipment 81,815.05 General Permanent Improvement Fund: To move funds to properly account for the new arbitrators going into existing vehicles. I I :q Prepared 6y + ~ kdc Doe- 111612 0, Def Co BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 6.7 1 v1 vna FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30201100 61110000 CR Conference & Seminar Fees 225.00 0100 30201100 67281000 CR Equipment-Electronic 500.00 0100 91110000 DR Transfer to Capital Fund 725.00 4500 49028000 CR Transfer From General Fund 725.00 4500 63000500 80890000 DR Vehicles 725.00 General Permanent Improvement Fund:and Constable Pct #2 To move funds to the eneral capital im rovement fund to cover the cost of installation of vehicle a ui ment. Prepared By , kd6 Date , ,'11/6/2008!jl De~ artment royal' Dat6`. r r-- - - r _ Jud PERSONNEL` s' CHANGE OF STATUS REQUESTS Commissioner Court Date: November 11, 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 Exposition Complex Lansdown, Trevor G. New Hire District Attorney Luedke, Kristen Allen, Carrie Resignation Transfer within Department Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes) VOA. ►A..Pm E q 4 h F: Op T 1 F F N BRAZOS COUNTYJU 1FA11 ~'SERP7CE'SDE'P,4RT E-1VT R J. Holmgreen Bra! vs County juvenile justice Center 1904 West SH 21, Bryan, TX 77803 o,~TY OF ePhone: (979) 823-3544; Fax:• (979) 8234211 Doug Vance, PhD, Director Collin A. Coker, Assistant Director TO: Debbie Lockledge FROM: Lisa Lyon DATE: November 4, 2008 RE: Contract with Bell County for Contract Placement Please place the attached contract on the next Commissioner's Court agenda for approval. I have attached two originals and six copies. The contract has already been reviewed and approved by the Civil Division. Please return both originals to me as we will need one to return to Bell County with the appropriate paperwork, and one for our file. If you have any questions, please do not hesitate to contact me. Thank you for your assistance with this matter. LG L/s Att. Ili D THE STATE OF TEXAS COUNTY OF BELL BELL COUNTY JUVENILE FACILITYAGREEMENT This contract is between the Bell County Juvenile Board, acting through its duly authorized representatives and Brazos County Juvenile Probation acting through its duly authorized representatives. The facility serves as a pre-adjudication and post residential facility and has been duly inspected and certified as suitable for the detention of children. The facility is operated by Bell County. In addition to detention, the facility provides a long-term residential treatment program in accordance with the applicable Texas Juvenile Probation Commission Standards. 1. The term of the Contract shall be for a period of one year from the effective date; if either party hereto feels in its judgment that the Contract cannot be successfully continued and desires to terminate this Contract, then the party so desiring to terminate may do so by notifying the other party in writing, (30) thirty calendar days from the date the Notice to Terminate is received. 2. The facility will provide program components, room, board, supervision and care (24) twenty-four hours per day. At a minimum, program components will include educational programs, counseling programs, and process groups. Additional programs provided for the long-term residential program would include anger management, life skills, and a substance abuse component. 3. The facility identifies goals and outputs for each long term resident and documents measurable outcomes which relate to program objectives. 4. The Contracting County agrees to pay the facility the rate of $95.00 per day for each day a juvenile is in detention. Also, the contracting county agrees to pay the rate of $95.00 per day for general offenders; $105 per day for sex offenders, each day a juvenile is in the long-term program. Bell County will be responsible for accounting, billing, and payments for the operation of the facility and all contracting counties shall pay in accordance with directives of Bell County. 5. If emergency examination, treatment, or hospitalization outside the facility is required for a juvenile placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the Contracting County and to bill the Contracting County for the same. The Facility Administrator or his representative will notify the juvenile probation officer within (24) twenty-four working hours of its occurrence. The Facility Administrator is further authorized to approve transfers to other tertiary care centers when the situation warrants. In the absence of the Facility Administrator, the supervising officer is authorized to secure medical services and approve the transfer. The Contracting County further agrees to reimburse Bell County for all medical expenses medically necessary to the health, safety, and welfare of the County's juvenile. 6. Each juvenile placed in the facility by the Contracting County shall be placed therein under proper order of the Juvenile Court. At a minimum, the order shall require each juvenile to follow the rules and regulations of conduct as fixed and determined by the Facility Administrator and the staff of the facility. The Contracting County must remove the juvenile on the date of or before the expiration of the order. 7. If a juvenile from the Contracting County is accepted by the facility and such juvenile thereafter is found, in the sole judgment of the Facility Administrator, to be either mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or characteristics, or whose mental or physical health condition would or might endanger the juvenile or the other occupants of the facility, then upon such determination and notification by the Facility Administrator to the Contracting County, the Contracting County shall remove or cause to be removed such juvenile from the facility. 8. Acceptance of the juvenile into the detention facility will be determined by space availability. In the event overcrowding exists in the detention facility, Bell County maintains the right to ask the Contracting County to remove the juvenile(s). Contracting counties may reserve Post-Residential beds by contacting the facility coordinator at least twenty four hours in advance of juvenile placement. . 9. Under Section 231.006 of the Family Code, the facility certifies that the entity named in this contract is not ineligible to receive the specific grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 10. The facility adheres to all applicable state and federal laws and regulations pertinent to its provision of services. 11. The facility accounts separately for the receipt and expenditures of any and all funds received under this contract. 12. The facility maintains all applicable records for a minimum of three years or until any pending audits and all questions arising thereof have been resolved. 13. The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or it's successor in the conduct of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 14. The facility will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed, race, color, sex, or national origin. 15. This contract may not be assigned or subcontracted without the prior written consent of either party hereto. 16. NOTICES All notices to the Brazos County Juvenile Probation shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims. All notices to the Bell County Juvenile Board shall be sent certified or registered mail, addressed to 101 E. Central Ave.,Belton, Texas 76513 to the Executive Director or at such other address as may be directed by written notice. Further a copy of each notice will be sent by certified or registered mail addressed to 101 E. Central Ave. Belton, Texas 76513, to the Office of the County Judge, Jon Burrows. 17. No officer, employee or agent of the Bell County Juvenile board or the Brazos County Juvenile Probation or member of its governing body or other public officials of such governing body of the locality or localities who exercise any functions or responsibilities affecting this Agreement shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 19. Each party expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against the other party. 20. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. I qg 21. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 22. This Contract is in lieu of all previous contracts between Bell County Juvenile Probation and the Contracting County for these purposes. Said previous Contracts shall become null and void, and be of no further force or effect on the date this Contract is signed by all aprties hereto. Effective 09 L l / 08 through 08 / 31 / 09 Jon Burrows Bell County Judge Attest: Shelley Coston Bell County Clerk Tom Kozeny, Director Bell County Juvenile Probation Randy,Srfms County Judge and Cha" an Brazos County Juvenile Board Attest: K en McQueen Brazos County Clerk Doug Vance, D' ector Brazos County Juvenile Services FN BRAZO.S COUNTY, &VENILESERPmESDEP,4RTYlENT * * R J. Holmgreen Bravos County Juvenile Justice Center Rg o 1904 West SH 21, Bryan, TX 77803 7 ~~rY 0F eR"~ Phone: (979) 823-3544; Fax: (979) 8234211 Doug Vance, PhD, Director Collin A. Coker, Assistant Director TO: Debbie Lockledge FROM: Lisa Lyon DATE: November 4, 2008 RE: Contract with Nueces County for Contract Placement Please place the attached contract on the next Commissioner's Court agenda for approval. I have attached two originals and six copies. The contract has already been reviewed and approved by the Civil Division. Please return both originals to me as we will need one to return to Nueces County with the appropriate paperwork, and one for our file. If you have any questions, please do not hesitate to contact me. Thank you for your assistance with this matter. LGL/s Att. 1!~ i00 Residential Contract Terms STATE OF TEXAS § COUNTY OF BRAZOS § Residential Services Contract Term: October 1 2008 - September 30, 2009 This Agreement is entered into by and between the Nueces County, at the request of and on behalf of the Nueces County Juvenile Probation Department (collectively referred to as "Service Provider") and Brazos County on behalf of the Brazos County Juvenile Probation Department., hereinafter referred to as "Juvenile Probation". ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 2310 Gollihar Road, Corpus Christi, Texas. The business office address of Service Provider is 2310 Gollihar Road, Corpus Christis, Texas. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months, commencing October 1, 2008 -September 30, 2009. It shall be automatically renewed for one year terms thereafter, commencing October V and ending September 30", unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level i. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or ii. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The J~~P lDl p •bd ^-~II 'JQA , 7I fo Z -'sod •uuip=2 Jo lumd oql Aq piud aq llim sg2nolJn3 Jo slisiA snduiuo-33o glim poluioossu slsOa IIu puu dud •slouluoo JaxJom puu sluopioui Jofuul `sg5nolJn3 Jo slisiA snduiuo-3jo `2uilasunoo Iuuoissa3OJdumd luaumoop puu ap►AOJd •g •uoilugoJd aliuannr ,Cq polopio su `snoouullaosiui put, (ouogdolol `oouuuolumm `soilililn `luaJ) `uiooJ `soilddns loogos `uoilupodsupn `lino Jiuq 'smolt ouoi2Aq IuuosJad `soouumollu `uoTluglool `slotus puu poo3 `sllnpu pagilunb Xq uoisiAJadns pJUpuuls :2uipnloui `sooimos Iupuopisol oisuq ap!AOJd •d saaiAJas 2uimollo3 aql mJOJJad Ilim JapinOJd aaiAJOS ZO'£ WOU102MJU 2UTAl_I Uual-2uol ol-oudoJddu uu olut uoilullulsui JO sloilJuoa 5upsixo jo uoilnlosoi 2uipuod sisuq ~ Ouofjzwo uu uo uopualap aJnoas of anilmollu uu su lo luauiaguunu 2uinil snoJa2uup Jo auiosologmun `olg iisopun uu of aniluuJallu uu 2upinboi uaJpligo osogl 103 uoisiAJadns puu ono Jnoq (t Z) inoj-Aiuaml apinoJd I J0110gS oua Jauig `g •2uillas pa.inlonJls Xlg2iq u ui `2u33uls uinuiixuui glim (aivo Jnoq-VZ) uoisiAJadns luulsuoo spaau :sJaglo Jo jlos of uuuq snoiJas 2uisnuo 3o 31siJ luoilpo of aJanas luosoid dual `ouoil q IuuosJad Jo `loojju `uoiliu.2oo `umpoiununuoo 12uilsol XlilLoi ui paJiuduii t(ISSOJ2 JO JOIAEgaq anilonJlsop-jlas ligiqxa Jo anissaJ22u XIOIOnas oq ICuul loluo umo ui oluJadooo of 2uillimun Jo alquun Xlluolsisuoo `spaau Jo Xliliqusip `(s)luowliudwi aJanas XJan I lana-I asualUI 'Cl -2uillas ssaoou poliulil ui guls oldillnui Aq uoisiAJadns Jnoq-tZ solinbol `sJaglo Jo 310s of uuLq 2uisnuo 3o )IsiJ alanas of aluJapoul u sluosaid `slduiallu Iupioins oNuul Jo `oouugJnlsip lg2nogl Jo pooul Jaglio of onp polulosi puu umuJpglim XlpalJutu oq `uoisso.0?u olqulaipoidun lo luolsisJad ligiqxa htu `suoilumununuoo ui lo 2uilsol Xjiluoi ui paJiudtui ~ JOIOAOS SI Jo sailinilau luiaos Jo Oluo IuuosJad ui aludiog iud of Xliliqu Jo uOIIEAIIOUI Nau1 XLw lnq 'polonJlsui Jo poldtuoJd uagm olulodooo of i?uillim saulilauios 'suolu oldillm ui uopounj of alquun 'suialgoJd a]anaS I IanaZ paz1luioa S •D .33u1s IuuoissojoJd Aq alquliunu 2uilosunoo oilnoduJagl glim 2uillos anilJoddns poinlonxls u ui uiuJ5oJd luauiluoil saJmbaJ `sdigsuoilulaJ luioos In32uiuuaul jo uoiluAJasoid aUIOS glim JOinugaq Iuioosiluu JaglO Jo OAISSO122u 3o soposida luanboij `slli}Is luioos oluiJdoJdduui Jo Jood 'sJaglo Jo;los of uiJuq i?uisnuo jo )IsiJ aluJapoui u luasold X-ow lugs sJOinugaq puu spaau luiaos lo 'luluaul `Iuois~ qd suq pligo `suialgoid IuiluulsgnS •II Jo `33u1s IuuoissojoJduJud Jo IuuoissajoJd uioJ3 alquliunu ftlasunoo glim 2uillas ani:poddns pamlonJls ui uoisiAJadns saJmbaJ `sdigsuoilulaJ ImosJa boo In32uiuuaui jo olquduo si lnq `sloe NPosilm, lualoiA -uou ul 02u2ua Am `suaJu afoul lo ouo ui suialgoJd Jouiw anipilodoi Jo luonbaJ3 I Iana-I aluJapOW 'q 'pligo aql jo spaau aql lootu of ouildiosip puu oouupinS Iuluauialddns glim luauiuOIIAUO auioq auilnOl u sapinoid Jani~aJUa C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Residential Services Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the Residential Services Supervisor are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation's Residential Services Supervisor a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mentallbehavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Residential Services Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to Page 3 of 14 I (v %A.J reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re-referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re-referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re-referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. Page 4 of 14 t_ I~~ 1~ ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Fiscal Officer or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and/or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. Page 5 of 14 VOL. I Me PvN,r_ /0_C3 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. Page_6.of 14 Wua 11, lip a 10~ 6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 6.06 Juvenile Probation is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 6.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. ARTICLE VII EXAMINATION OF PROGRAM AND RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, Page 7 of 14 II~O I6-7 including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Nueces County Sheriff's Office); B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Nueces County Juvenile Probation Department to facsimile number 361-852-5846 (ATTN: Chief Probation Officer). ARTICLE X DISCLOSURE OF INFORMATON 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any.of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or Page 8 of 14 consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. NOTICES All notices to the Brazos County Juvenile Services Department shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims. All notices to Nueces County Juvenile Department, shall be sent certified or registered mail, addressed to the Chief, Nueces County Juvenile Department, 2310 Gollihar Road, Corpus Christi, Texas 78415, or at such an address as NCJD may other wise designate. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV Page 9 of 14 1~ 169 DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights, it may have of subrogation to any claims or rights of its employees, agents, owners, officers, °or' subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Brazos County Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Nueces County and Juvenile Page 10 of 14 I16 ~a4 a Probation Department for any act(s) of commission or omission of Nueces County's and its Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that either Brazos County or Nueces County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Nueces, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Nueces County, Texas. Page 11 of 14 l~~ ~~ll ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. NUECES COUNTY, TEXAS BY: Samuel L. Neal, Jr., County Judge Nueces County ATTEST: BY: Diana Barrerra Nueces County Clerk BRAZOS BY: Randy and CI lr ~lr/off Brazos County Judge i Brazos County Juvenile BY: erencQueen Brazos County Clerk Page 12 of 14 BY: Homer Flores Chief Probation Officer Nueces County Juvenile Probation Department APPROVED AS TO LEGAL FORM: BY: Judge Carl Lewis, CC#5 General Counsel for Nueces County Juvenile Probation Department BY: Doug Vance Executive Director Brazos County Juvenile Services Tinaelling, h sst County ttorney Braz s County ttomey-Civ ivision Page 13 of 14 1,1 -GIE-1 f3 EXHIBIT A BASIC LEVEL $38.59 MODERATE LEVEL $87.99 SPECIALIZED LEVEL $126.49 INTENSIVE LEVEL $221.19 EMERGENCY SHELTER $106.22 lPage 14 of 14 Residential Contract Terms STATE OF TEXAS COUNTY OF BRAZOS Residential Services Contract Term: October 1, 2008 - September 30, 2009 This Agreement is entered into by and between the Brazos County Juvenile Services Department, hereinafter referred to as "Juvenile Services", and Genesis House, located in Bryan, Texas, hereinafter called "Service Provider". ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Services with short term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider. ARTICLE H TERM 2.01 The term of this Agreement is for 12 months, commencing October 1, 2008 -September 30, 2009. It shall be automatically renewed for one year terms thereafter, commencing October 0 and ending September 30`h, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Services, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level i. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or ii. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or ii. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. C. Emergency Shelter Provide twenty-four (24) hour care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long-term living arrangement. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Services. B. Provide and document paraprofessional counseling, off-campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off-campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Services staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every thirty (30) days. A copy of the placement justification will be submitted to the Residential Services Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Services and specifically the Residential Services Supervisor are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. Page 2 of 12 114 LI4 E. Provide to Juvenile Services' Residential Services Supervisor a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within seven (7) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mentallbehavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed thirty (30) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Residential Services Supervisor with a written report of the child's progress on a monthly report. (or when necessary) I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Services for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Services for periodic inspection. K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. Page 3 of 12 1/~ 117 ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re-referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re-referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re-referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 Provide the service provider an amount per day ($106.00) for basic care and emergency shelter from awarded funds for each child kept in the shelter for services rendered as outlined in the application. Provide the shelter an amount of ($106.00) for moderate care. Provisions for each of these levels of care is spelled out in the TDFPS Level of care requirements. (Basic Care would include children that need structure, educational support, a higher level of supervision and the development of normalized social skills) (Moderate Care would be children that have physical, mental and emotional needs and behaviors that present more of a challenge. These children need physical environments and treatment programs in which most activities are therapeutically designed to improve social, emotional and educational adaptive behavior. These children may Page 4 of 12 G require psychological or psychiatric services which are provided by the emergency shelter, through community services. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Services through its Fiscal Officer or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will remain at the level of care set by TDFPS emergency shelters. 5.03 Service Provider has an affirmative duty to maintain the level of care as set by the TDFPS as long as the juvenile is in the emergency shelter. Juvenile Services and/or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. Service Provider shall fully cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Services Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Services in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Services in a timely manner. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Services. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Services, the receiving agency will bill Juvenile Services on the day the child is transferred into the program; the releasing agency will not bill Juvenile Services for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Services. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. Page 5 of 12 lj~ 11q 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Services. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Services, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Services' Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Services provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Services to be referred for placement in Service Provider's facility. 6.02 Juvenile Services recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Services agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by Juvenile Services. Furloughs will not be authorized for the first thirty (30) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Services; however, any additional days away from the residential setting will not be charged to Juvenile Services. 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 Juvenile Services reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Services without the express consent of an authorized agent of Juvenile Services. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 6.06 Juvenile Services is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. Page 6 of 12 11~ I J(ao 6.08 Juvenile Services shall provide any written information necessary for the child to be placed with said service provider. If a psychological or psychiatric evaluation is available one shall be provided if necessary for placement. 6.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. ARTICLE VII EXAMINATION OF PROGRAM AND RECORDS 7.01 Service Provider agrees that it will permit Juvenile Services to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Services such descriptive information on contracted children as requested on forms provided by Juvenile Services. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Services any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Services all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Services' inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. Page 7 of 12 11 I' I'11 ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Services, and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Brazos County Sheriffs Office); B. Texas Department of Family and Protective Services by submitting an Incident Report Form within 24 hours. C. Brazos County Juvenile Services, Attention Doug Vance Executive Director Juvenile Services, facsimile number 979-823-4211 ARTICLE X DISCLOSURE OF INFORMATON 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Services, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Services: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and Page 8 of 12 I/~ Iaa F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. NOTICES All notices to the Brazos County Juvenile Services Department shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims. All notices to Genesis House, shall be sent certified or registered mail, addressed to 308 West 28th Street Bryan, Texas 77803, or at such an address as GH may other wise designate. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Services. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Services and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Services may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or Page 9 of 12 tits i d3 B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Services in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Services, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Services may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Services. Service Provider also waives any rights it may have to indemnification from Juvenile Services. ARTICLE XVH INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Services against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Services for any act(s) of commission or omission of Brazos County's and Juvenile Services' agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. Page 10 of 12 11~ 1 9~4 ARTICLE XVIII GOVERNMENTAL MiMUNITY 18.01 The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that either party has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof, C. That it carries sufficient insurance to provide protection to Juvenile Services under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Department of Family Protective Services rules regarding abuse, neglect and exploitation allegations. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. Page 11 of 12 11~ has ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Services may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Services will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Services, Service Provider may terminate this Agreement subject to the conditions herein. EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. GENESIS HOUSE ADMINISTRATOR BY: BY: Joseph Mayberry APPROVED AS TO BY: =Ti Snelling, . Brazos County ity Attorney vil Division BRAZOS BY: Randy Sim ,County Judge and Chairma ,XBrazos County Juvenile Board BY: Doug Vanc Executive Director Brazos County Juvenile Services Page 12 of 12 11r 1a~ AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2008 - September 30, 2009 THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement is made this ZI -1A) day of 2008 by and between The Brazos Animal Shelter, Inc., a Texas non-profit corporation (herein the "Shelter) and Brazos County, Texas a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County"). Whereas, the Shelter operates a facility currently located at 2207 Finfeather Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility"); and Whereas, the COUNTY has a need of a facility to house animals, other than livestock, that it takes possession of throughout the COUNTY; Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The COUNTY agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the SHELTER for periods of time as required by State law and the applicable COUNTY Orders except as hereinafter set forth. 42. The COUNTY agrees to pay to the SHELTER an annual fee of $ d 77;, based upon the term of the contract. The fee shall be divided into twelve payment of $ 7. 7 to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees the COUNTY collects for the registration of dogs and cats within Brazos County commonly referred to as "license fees." The SHELTER shall administer the County License program. 4. The COUNTY represents to the SHELTER that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this contract is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. AGEEMENT FOR ANIMAL SHELTER SERVICES Brazos Conty and Brazos Animal Shleter, Inc. October 1, 2008 - September 30, 2009 5. The COUNTY agrees that every animal delivered to the SHELTER in accordance with this agreement, shall become the sole and exclusive property of the SHELTER (subject to reclamation by the owner), so that neither the COUNTY nor any agency nor agent of the COUNTY, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The COUNTY agrees, that the SHELTER shall have the undisputed right, consistent with the orders of the COUNTY, to humanely dispose of every animal given into its custody in accordance with the SHELTER's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The SHELTER agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the COUNTY and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the SHELTER provides for all other animals which may come into its care, custody and control. The COUNTY shall not accept a surrender of ownership of an animal by it owner in the field. 7. The SHELTER agrees that it will make its Facility available to the COUNTY during its open hours and during periods of closure for the purpose of delivering animals to the SHELTER. 8. The SHELTER agrees to provide to the COUNTY on or before the last day of each month during the term of this contract a statement of the number of dogs, cats and miscellaneous animals received by the SHELTER from the COUNTY or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 9. The COUNTY reserves the right to require an audit of the records of the SHELTER at any time deemed necessary for the limited purpose of verifying the number of animals registered and the number of animals attributable to the COUNTY and the length of stay of each such animal. 10. It is mutually agreed that the SHELTER shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the SHELTER by the COUNTY for rabies observation shall be isolated for a period of time in accordance with State law. 11. In the event animals are being held by the SHELTER as a result of a cruelty, 2 AGEEMENT FOR ANIMAL SHELTER SERVICES Brazos Conty and Brazos Animal Shleter, Inc. October 1, 2008 - September 30, 2009 0 Y ' seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the COUNTY shall reimburse the SHELTER for any veterinarian invoices and medical bills incurred by the SHELTER until the COURT either awards the animal to the SHELTER, orders it destroyed or orders it returned to its owner. The COUNTY shall not be liable for these costs in the event the COURT orders the animal owner to pay such costs and the same are paid within 60 days of such order. If the fees are not paid by the animal owner, after 60 days, the SHELTER shall invoice the COUNTY for those fees and assign its right of recompense by such owner to the County. 12. SHELTER shall at all tunes relevant to the fulfillment of this agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self-propelled vehicles used in connection with the animal control operation, whether owned, non-owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the COUNTY for its records. The SHELTER agrees, to the extent allowed by law, to indemnify and hold harmless the COUNTY from all claims, damages, or causes of action which might arise from any obligations of SHELTER as outlined herein, and SHELTER specifically agrees to indemnify the COUNTY against all claims, damages or causes of action which might arise as a result of acts, omissions or negligence of SHELTER or its agents, including claims against the COUNTY for respondent supervisor or vicarious liability, arising out of SHELTER's obligations under this agreement. 13. The SHELTER shall at all times in performance of its agreement be considered as an independent contactor. Such status shall apply to all of the SHELTER's officers, agents and employees and in no event shall the SHELTER's officers, agents or employees be considered an employee of the COUNTY. 14. In the event the COUNTY fails to remit to the SHELTER the fees due hereunder, the COUNTY shall be in default. The SHELTER shall terminate the agreement for non-payment of fees if the COUNTY has not cured the default after 30day written notice. 15. TAX EXEMPT STATUS: As a political subdivision of the State of Texas BRAZOS COUNTY is tax exempt. Tax exemption certification will be furnished upon request. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos Conty and Brazos Animal Shleter, Inc. October 1, 2008 - September 30, 2009 iii ia9 16. GOVERNING LAWAND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against BRAZOS COUNTY shall be Brazos County. 17. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by BRAZOS COUNTY and SHELTER to attempt to resolve any claim for breach of contact made by SHELTER that cannot be resolved in the ordinary course of business. SHELTER shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney - Civil Division of BRAZOS COUNTY, who shall examine SHELTER's claim and any counterclaim and negotiate with SHELTER in an effort to resolve the claim. 18. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the COUNTY to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on COUNTY property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes.; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on the COUNTY except to the extent authorized by the laws and Constitution of the State of Texas. 19. The SHELTER agrees to provide the COUNTY AUDITOR with an annual accounting statement evidencing the use and disbursement of monies paid by the COUNTY and shall allow the County Auditor access to its records and premises. 20. This Agreement is not assignable by either party. 21. This Agreement shall be for a term of one year commencing on October 1, 2008 and terminating on September 30, 2009. IN WITNESS WHEREOF, the said COUNTY and the said SHELTER have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: en McQueen, Co- unty Clerk Randy SiiX, County Judge ANIMAL SHELTER, INC AGEEMENT FOR ANIMAL SHELTER SERVICES Brazos Conty and Brazos Animal Shleter, Inc. October 1, 2008 -September 30, 2009 'I i 1 . A Ashley Wesp, Director 13th -1`/Li Agreement Between Brazos County and The Children's Museum of the Brazos Valley THE STATE OF TEXAS COUNTY OF BRAZOS This agreement, entered into effective October 1, 2008 by and between Brazos County, hereinafter called the "County," and The Children's Museum of the Brazos Valley. hereinafter called "Museum." WHEREAS, Brazos County finds that museums serve a public purpose by educating the public; WHEREAS Museum provides a safe area for children to learn and explore through exhibits and on going. programs that enhance their curiosity, develop their imagination and assists in the learning about a variety of experiences; WHREAS the residents and children in the community benefit from the activities and programs provided by Museum; THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties hereto mutually agree: Museum through its programs, funding and support agrees to provide the above enumerated services and agrees to continue to provide in support of children-centered, hands-on exhibits and educational programs for children and their family. The County, for and in consideration of the services provided by Museum, hereby agrees to pay to The Children's Museum of the Brazos Valley a total payment of $15,000 (Fifteen Thousand and noA 00) for the period beginning October 1, 2008 and ending September 30, 2009. Payments of such sum will be invoiced and paid in twelve (12) prorate monthly payments. The term of this agreement shall for a period of approximately one year beginning on the date of the execution of this agreement and terminating on September 30, 2009, at which time the agreement will be reviewed, subject to satisfactory operation under this agreement and mutual agreement of both parties. Museum agrees to provide an account of how the monies paid by the County were distributed to meet the above-described services. Museum agrees to furnish any infonnation requested by the County Auditor, including documentation of the use of funds received from the County. The parties hereto understand and agree that the County is a contributor only and that no joint venture, agency relationship or other affiliated status has arisen as a result of such funding. The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not lirnited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties: disclaimers and limitations of liability for damages; waivers. disclaimers and limitations of legal rights, remedies, requirements and processes, limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. Nothing in this Agreement shall be construed as making the County responsible for the payment of compensation and/or any benefits for Museum including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for Museum's employees and/or equipment. Nothing in the Agreement shall be construed as making the County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by Museum. The parties understand that the County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, the County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that the County does not assume civil liability under any theory of law for the actions of Museum in providing services hereunder. Museum hereby agrees to hold County, its officers, agents, servants, and employees harmless and shall indemnify the County from any loss, damage, injury or claim arising from any negligent act arising as a result of its operations. This Agreement may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non-terminating party at the addresses listed below. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: Brazos County, Texas: Randy Sims, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 The Children's Museum of the Brazos Valley Shawn Andaya-Pulliam, Executive Director 111 E. 27th Street Bryan, TX 77803 This agreement may not be assigned without the prior written permission of the County. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be in Brazos County. Notwithstanding any provisions contained herein, the obligations of the County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Signed by the parties at the respective dates below listed. BRAZOSCO By Randy s Braz County Judge Date:. t / i j&,;r ATTEST: THE CHILDREN'S MUSEUM OF THE BRAZOS VALLEY By Shawn Andaya-Pulliam Executive Director Date: I I. 03, Q g aren McQueen Brazos County Clerk Contract for Services as Guardian ad 1'item for ]Brazos County F3~O(O)East r Fiscal Year: 2009 Contract Number: BC2009 Effective Date: Page 1 of I By, Brazos County S eptember 1, 2008 ty Contractor: Voices for Cb~ildren, Inc. Street, Suite 114 CASA, of Brazos Valley Bryan, Texas 77803 115 North Main. Bryan, Teim 77803 Description: of Services to be provided: Court appointed Guardian as litem for children in the custody of the Department of Family and Protective Services as outlined in the Texas Family Code, Section 107.002. Duties will include: • Conduct an investigation to determine the best interests of the child; • Obtain and review copies of the child's relevant medical, psychological and school records; • Interview: The child, Lach person who has significant knowledge of the child's history and condition, The parties to the suit; • Encourage settlement and participate in the use of alternative forms of dispute resolution; • Perform any specific task directed by the court (such as home assessments); • Pat icipate in case staffings by an authorized agency concerning the child; Reimbursement for services provided: Voices For Children, Inc. will be reimbursed by the county at a rate of $20 an hour up to an amount of for the services of court appointed Guardian ad litem. A Motion for Guardian ad litem Fees/Approval will be submitted to the County auditor along with, an itemized statement of activity. Recipient shall furnish to the County Auditor any documentation requested indicating the use of funds received from the county. The County's Auditor may requ ui a the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity- Name and Title of Authorized Representative: Brazos County Date Signed (Please type or print) Randy Sims County Judge Sign of Authorized Representative Name and Title of Authorized Representative: Voices for ChUdren, Tne. Date Si ed (Please type or print) Sn Liana W. Lowey Executive Director Signature of Authorized Repr entative 1I1~ /31 D m I~ O CD CD n~ CD n O 1/ 0 o T~ a o a 0 W a. CD Q° N CD C- qu a N 7 o O =3 c o' M Cl) C7 O CD 2 z. O n 0 Z CD O O ` T V -69 cl 0 4f~ Efl ccn o 0 0 v w rn a m 00 0 00 C) C. b9 69 4A Efl 0 CD 0) 7 Z O CA n CD CD N CD Z . 3 C1 N 13-5 1+ O O 0 W 1 O W O 0 .p A~ O 04 A~ fD A A i b b fD A w 0 a b A A N N to ~ y O ~ ~'f l ~ y A O z D T ~ n O m ca