The URL can be used to link to this page

Home My WebLink About2008-12-23-9:00AM-REGULARn O O P~ G�Ty O.g_g4 gR_AZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BI2AZOS COUNTY .COMMISSIONERS COURT THE COMMISSIONERS COURT OF BR -AZOS COUNTY WILL MEET IN REGULAR SESSION ON 23 DECEMBER 2008 AT 9 =00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COi7NTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1. invocation and Pledge of Allegiance — Commissioner Peters_ 2_ Call for citizen's input and/or concerns_ Consider and take action on agenda items 3 — 15: 3_ Reclassification of the following positions in the Purchasing Department= a_ Senior Buver-_ from Group 19, Step 5 to Group 19, Step 3 savings of $2,352.00; b_ Buver from Group 13, Step 2 to Group 13, Step 4 fuse of $1,725.00; change from hourly to salary- staff. 4. Budget Amendment 08/09 - 12.1 thru 12.4_ g_ Persotmel Change of Status_ 6_ payment of Claims_ 7_ Approval of Official Bonds for elected officials elected at the November 4`t' General Election_ g. Certification regarding Federal Lobbying, as required by participants in contracts, grants, loans and cooperative agreements (Section 319 of Public Law 101 -121. Sulta 332 . 23 cyan. Texas 77603 - r..:(979)361-450 OKce of the County Judge � 200 South Taxers Ava. - _'1t7 ll� Commissioners Court Agenda 23 December 2008 Page 2 9. Contract for Residential Services with Unity Children's Home; term of this agreement is 12/23/2008 through 9/30/2009. 10. State Financial Assistance Contract Amendment #8, to delineate the dutiestbetween ehe Texas Juvenile Probation Commission and the grant recipient g participation in Title IV -E Federal Foster Care Reimbursement Program. 11. Charter Contract with Miami Air International, including the enforcement agencies Sheriffs involved in the 56 Presidential inauguration, Office, to travel to and from Washington D.C., with reimbursement to come from the Metropolitan Police Department. 12. Tax Refund Applications for the following: a. BVP Management g. Environmental Air Systems h. Manchu Wok b. Custom Firearms Services i. Martha Hernandez c. Tametco At Systems Southwest, Inc. d. Mary Francis Stremmel J y k. Zwernemann Flooring e. William Harper f. Kellen Commercial 13. Renewal of RFP 2008 -044R, Auctioneering Services, for anadditiona ct from 12/3 same prices; the new RFP number will be 2008 -042R and will be through 12/30/09. 14. Final Plat of Aggieland Business Park a t Ae block l being a replat of Aggieland Business Phase One lot 1, block J H Jones survey, A -26, Brazos County, Texas. Site is located in Precinct 4. 15. Final Plat of Hope Subdivision, lot 1, block 1, J. H. Jones survey, A -26, (College Station ETJ) Brazos County, Texas. Site is located in Precinct 4. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn The County Avices tr must be l3uilding working days before accessible. he meeting. aTo make arrangements, please call 796154102 sign interpretive services mus COMMISSIONERS' COURT REGULAR MEETING DECEMBER 23, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners 200 South Texas Courtroom in the Administration Building, Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 23, 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; sent; Kenny Mallard, Commissioner of Precinct 3, Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was a request from the Purchasing Department for the reclassification of the Buyer position from hourly /non- exempt to salary /exempt. The reclassification would be as follows: Vol II Page 112 2 Commissioners Court meeting December 23, 2008 Senior Buyer: From Group 19, Step 5 To: Group 19, Step 3 Buyer: From: Group 13, Step 2 To: Group 13, Step 4 on motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #08/09 -12.1 through 12.4 that would reallocate funds for the Purchasing Department; adjust the budget for the Grant GDEM: State Homeland Security; and transfer funds from Contingency to Budget office, Commissioner's Court and Non Departmental. The County Judge questioned the $9,945.51 taxes on the charter plane to Washington D.C. The Sheriff said he would check into it. on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget ---- a„i- imitted. A copy each is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. on motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. There were no Claims submitted by the County Treasurer for payment. Vol I � Page 113 3 Commissioners Court meeting December 23, 2008 The next matter before the Court was the approval of the Official Bonds for elected officials elected at the November 4th General Election. On motion by Commissioner Peters, seconded by the County Judge the Court voted unanimously to approve the bond of Sheriff Chris Kirk. The next matter before the Court was certification concerning Federal Lobbying, as required by participants in contracts, grants, and cooperative agreements under Section 319 of Public Law 101 -121. This is a Texas Department of Family and Protective Services document that prohibits the entities from using federally appropriated funds to lobby the executive or legislative branches of the federal government. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute the document on behalf of the Commissioners Court and as the Brazos County Juvenile Board Chairman. A Copy is attached. before the Court was Consideration of a The next matter contract between Brazos County, on behalf of the Brazos County Juvenile Services Department, and Unity Children's Home for residential services for children alleged or adjudicated to have committed delinquent conduct or conducting indicating a need for supervision. The term of the agreement is for the Vol 11.7 Page 11' 4 Commissioners Court meeting December 23, 2008 period of December 23, 2008 through September 30, 2009 and with the following rates: Basic Level $38.59 per day /per juvenile Moderate Level $87.99 per day /per juvenile Specialized Level $126.49 per day /per juvenile Intense Level $222.19 per day /per juvenile Emergency Shelter $106.22 per day /per juvenile On motion by Commissioner Wassermann, 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 Court next considered State Financial Assistance Contract Amendment #8 to delineate the duties between the Texas Juvenile Probation Commission and the grant recipient in regard to the grantee's participation in the Title IV -E Federal Foster Care Reimbursement Program. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve Amendment #8 and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a charter contract with Miami Air International for law enforcement agencies to assist in the protection of the President of the United States at the 56th Presidential Inauguration in January 2009. The Brazos County Sheriff's Department was designated the coordinating agency for the Vol 11� Page 05 5 Commissioners Court meeting December 23, 2008 eleven (11) other law enforcement agencies that will be flying to Washington D.C. to protect the President. The Metropolitan Police Department will reimburse for all travel expense incurred by agencies participating in security for the Inauguration. 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 for consideration was approval of tax refund applications from the following individuals and /or companies: a. BVP Management, over payment $170.26 b. Custom Firearms Services, over payment $18.78 c. Tametco, over payment $16.57 d. Mary Francis Stremmel, over payment $17.34 e. William Harper, over payment $6.01 f. Kellen Commercial, over payment $45.26 g• Environmental Air Systems, over payment $91.67 h. Manchu Wok, over payment $69.56 i. Martha Hernandez, over payment $238.80 j. At systems Southwest, Inc., over payment $5.01 k. y over payment $60.17 a k. Zwernemann Flooring, On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered renewing RFP #2007 -044R - Auctioneering Services with SWICO Auctions. The stipulations would remain the same. The renewal period would be from Vol I t' Page I I le 6 Commissioners Court meeting December 23, 2008 December 31, 2008 through December 30, 2009. The new RFP # will be 2008 -042R. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of RFP #2008 -042r with SWICO Auctions. The Court next considered approval of the Final Plat of Aggieland Business Park Phase One, Lots lA & 1B, Block 1, 6.842 Acres, being a Replat of Aggieland Business Park Phase One, Lot 1, Block 1 located in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of the Aggieland Business Park Phase One, Lots lA & 1B, Block 1, 6.842 Acres as submitted. The Court next considered approval of the Final Plat of Hope Subdivision Lot 1, Block 1 in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of Hope Subdivision as submitted. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns the following spoke: Vol 11 Page 117 7 Commissioners Court meeting December 23, 2008 Sheriff Chris Kirk a) There are 527 inmates in jail, and 97 are on electronic monitoring. Under Agency /Board /Committee reports by Court members, the following spoke: County Judge a) He has had a problem with Texas Commercial Waste (TCW) at the FM 2038 Citizens Collection Site. He has been working with TCW to repair the compactor. b) He has had calls about feral cats. Commissioner Wassermann reported that the animal shelter is working on the feral cat and dog issue along with crowing roosters. There being no further business to come before the Court, the meeting was adjourned. Vol I ( Page 1 L 9 The foregoing minutes of the Commissioners Court meeting held December 23, 2008 have been examined and are approved in open Court this the Irj�- day of Mi2m , 2009, in Bryan, Brazos Cgunty,,Texas. Randy S' s Count Judge 6L. w Lloyd assermann Commissioner, Precinct 1 Kenny Malla Duane Peters Commissioner, recinct 3 Commissioner, Precinct 2 C Pre-yOCAC ley, Jr. ` Commiss oner, Precinct 4 Attest: Kaken McQueen County Clerk s Vol 11 � Page III( BRAZOS COUNTY COMMISSIONERS COURT Meeting on C/J✓ --�1 _, 2008 @ " PAGE I of 1 . J1� lao it BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008 -2009 BUDGET YEAR N0.08/09 -12.1 thru 12.4 On this the 23`d day of December 2008 at a regular meeting ofthe 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 23 December 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 budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23`d day of December 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Lo Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 1(7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 12.1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 -12.2 Prepared By ftl' ii1� Ia3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 -12.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 12.4 „moo Prepared 8 gnm PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 23, 2008 Department Submitting Information: Human Resources pilYllnCP of 4„hmissions: Consider and Take Action on Change Department Submitting Request Employee Re q Action Requested Request(s) Applies To Ag Extension Hoyt, Gina New Hire County Attorney Anderson, Justin Resignation New Hire Dibrell, Allison District Clerk Everett, Tiffani L. New Hire Transfer within Department Kemp, Kadie Juvenile Services Council, Eddie Mae New Hire Purchasing Rutledge, Amanda New Hire Road and Bridge Oliver, James Retirement Retirement Harris, Eugene Sherriff- Jail Barrow, Randall Bennett, Betty Coker, Cari Davis, Shalena DeJesus, Servando Freitas, Jeremy Hernandez, Lupe Holloway, Dwayne Jones, Silvertree Moore, Vickie Transfer within Department New Hire Resignation New Hire Transfer within Department New Hire New Hire New Hire New Hire New Hire Tax Office Randle, Bradilyn New Hire Regan, Connie New Hire A Approved in Commissioners' Court: December 23, 2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) x. Form 2047e Texas Dept of Family Certification Regarding Federal Lobbying May 2004 and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative Agreements) PREAMBLE appropriated funds Federal legislation, Section 319 of Public Law o1 the 21 generally el govlernmenbtt Sectioin 319 specifically requi es disclosure of to lobby the executive or legislative branches published in the Federal on certain lobbying activities. A feder egovernment and disclosure ispcific Restrictions stancesband defines terms: ments over the $I Register, February 26,1990, requires Covered Awards and Subawards - Contracts, grants, and cooperative number 2 concerning disclosure.) threshold need (1) certifications, and (2) disclosures, if required. (See certi ica - To lobby means "to influence or attempt to influence o employee of a mpember of Congress ynfconnection with Lobbying of Congress, P member of Congress, an officer or employee any of the following covered federal alctions: contract, the awarding of any the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement." Funds Not Prohibited -The prohibition on using appropriated funds does not apply to Limited Use of Appropriated ees with respect to: activities by one's own employ liaison activities with federal agencies and b sa directly age nlytordCong Congress; red federal action; providing any information specifically requested Y • discussion and/or demonstration of products or services if not related to a specific solicitation fora covered action; or submitting or negotiating any bid, proposal or application for a nal to • professional and technical services in preparing, federal contract, grant loan or cooperative agreem agreement. (Theiprohibition also does not apply to such ceipt o any federal contract, grant, loan ees for same purposes.) services provided by nonemploy Professional and Technical Services - Professional and hattthe p and technical cni alisery services exemption directly applying any professional or technical expertise. Note professional specifically limited to the merits of the matter. Other Allowable Activities - The prohibition on use of federally appropriated funds does not apply to influencing activities not in connection with a specific covered federal action. eh action activities include those related to legislation and regulations for a program versus a specific covered federal Funds Other Than Federal Appropriations - There is no federal restriction on the use of nonfederal funds to lobby the federal government for contracts, grants, and cooperative agreements. Applicability of Other State and Federal Requirements d Ae122r the 2� �Iders e the iTexas eState Appropriations tActs 1) PP the applicability of cost principles in OMB circulars A -8 an which disallow use of state funds for lobbying. TERMS OF CERTIFICATION eing This certification applies only to the instant federal action for this transaction was made or entered eid into. Submission aof this representation of fact upon which reliance was placed when certification is a prerequisite for making or entering into this subject to transaction civil penalty of not less than ,$1t0 000 and not more Any person who fails to file the required certification shall be su � than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: �. No federally appropriated funds have been officer or will be paid, by or on behalf employee of any agency, undrsigned, to any person an officer for influencing or attempting to influence an o or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Form 2047e Texas Dept of Family Certification Regarding Federal Lobbying May 2004 and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative Agreements) the federal contract, the nt, making r the extension, continuation, any federal or,modification of any federal cooperative agreement, or contract, grant, loan, or cooperative agreement. ve been 2. If any funds other than federally appropriated employ, fee of any agencyai memble of C ngress, an officer or employee unds ha or attempting to influence an officer of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (If needed, contact your Texas Department. of Family and Protective Services procurement officer or contract manager to obtain a copy of Standard Form -LLL.) 3. The undersigned shall require that (including subcontracts, bcontractsS subgrants, and contracts i underg ants loans, and covered all covered subawards at all tiers (incl g cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. Do you have or do you anticipate having covered subawards under this transaction? ❑ Yes ❑ No Name of Contractor /Potential Contractor Vendor ID No. or Social Security No. Signature- Authoriz Representative Rand Sims Name of Authorized Representative 23015761 DFPS Contract No. X242 3 Date County Judge and Brazos County Juvenile Bo airman Title Residential Contract Terms Unity Children's Home Residential Services Contract Term: December 23, 2008 — September 30, 2009 This Agreement is entered into by and between the Brazos County, at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation ") and Unity Children's Home, licensed to provide child care services by the Texas Department of Family and Protective Services, and/or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located 11805 Trickey Rd., Houston, Texas, 77067. The business office address of Service Provider is 11805 Trickey Rd., Houston, Texas, 77067. ARTICLE II TERM 1 2.01 The term of this Agreement is for the period of December 23, 2008 — September 30, 2009. It shall be automatically renewed for one year terms thereafter, commencing October 1" and ending September 306' , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level i. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or ii. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level i. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff, or ii. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. C. Specialized Level i. Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24 -hour supervision by multiple staff in limited access setting. D. Intense Level i. Very severe impairment(s), disability or needs; consistently unable or unwilling to cooperate in own care; may be severely aggressive or exhibit self - destructive behavior or grossly impaired in reality testing, communication, cognition, affect, or personal hygiene; may present severe to critical risk of causing serious harm to self or others; needs constant supervision (24 -hour care) with maximum staffing, in a highly structured setting. E. Emergency Shelter i. Provide twenty -four (24) hour care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long -term living arrangement. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. 1 1 -I 1313 B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the 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; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned 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. I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. 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: ,_.,,4,.Page 3 of 13 percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. JJ7 - �)S 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above- mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its 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 ge of 3 each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's 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 �14 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 6.06 Juvenile Probation is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 6.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 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. -e:7 of �� --T - _ 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Harris County Sheriff's Office); B. Texas Department of Family and Protective Services by calling toll -free 1- 800 - 252 -5400, or by using the online reporting system at https: / /www.txabusehotline.org , followed by submitting the report within 24 hours of said call; and 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 I � ► gel8 �f,3 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 Unity Children's Home, shall be sent certified or registered mail, addressed to the Director, 11805 Trickey Rd., Houston, Texas 77067, or at such an address as the Director 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. _..Egge 9 of 13 ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. At the end of Brazos County's budget year if funding is not available from current revenues available to Brazos County. 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 Unity Children's Home 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, 1 � —,__.Page 10 qf113 or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Unity Children's Home for any act(s) of commission or omission of Unity Children's Home's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Unity Children's Home Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Unity Children's Home 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 Harris, 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 C. 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 Harris County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Harris County, Texas. l0 3 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. UNITY CHILDREN'S HOME BRAZOS :V APPROVED AS TO LEGAL FORM: I: is, County Judge and Brazos County Juvenile BY: Doug Van dN- Executive Director Brazos County Juvenile Services BY: B Civil visioi Brazos 7llio BASIC LEVEL $38.59 MODERATE LEVEL $87.99 SPECIALIZED LEVEL $126.49 INTENSE LEVEL $222.19 EMERGENCY SHELTER $106.22 Pa e l3 o 13 Texas Juvenile Probation Commission State Financial Assistance Contract Biennium 2008 - 2009 Amendment Number Eight This is Amendment Number Eight to the State Financial Assistance Contract for the 2008 - 2009 Biennium between the State of Texas, represented by and through the Texas Juvenile Probation Commission, hereinafter called the ,Commission ", and the juvenile board of Brazos hereinafter called the "Grantee ". In consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Commission and the Grantee, for the consideration hereinafter detailed, make the following amendment. Article I. PURPOSE AND SCOPE OF AMENDMENT The purpose of Amendment Number Eight is to delineate the duties between the Commission and the Grant Recipient in regard to the Grantee's participation in the Title IV -E Federal Foster Care Reimbursement Program. The Commission, via an interagency agreement with the Texas Department of Family and Protective Services (TDFPS) has set up a system to allow juvenile boards to recoup federal monies for eligible juvenile probation children and for administrative costs related to administering the Title IV -E Program. The funds to be distributed pursuant to this contract originate with the United States Department of Health and Human Services as the federal department administering the CFDA # 93.658 program. All provisions in the 2008 - 2009 Biennium State Financial Assistance Contract and any fully executed amendments thereto that do not conflict with the provisions of Amendment Number Eight remain in full force and effect. Article II. Amendments to Article II INCORPORATED DOCUMENTS AND DOCUMENT INCORPORATED BY REFERENCE Article II, Section 2.1, Subsection 2.1.1 is amended by adding Paragraph 2.1.1.9 to read as follows: 2.1.1.9 Exhibit I. Juvenile Board Resolution (Amendment Eight) Article III. Amendments to Article II DOCUMENTS INCORPORATED BY REFERENCE Article II, Section 2.2, Subsection 2.2.1 regarding the Texas Juvenile Probation Commission Compliance Resource Manual, is amended to add Grant E — 2008 -2009 Biennium — Title IV-E Federal Foster Care Reimbursement Program. Any and all terms and conditions which may have been previously applicable under Grant E are hereby repealed in their entirety and replaced wholly with the following language: GRANT DESCRIPTION. A. The Title IV -E Federal Foster Care Reimbursement Program (Title IV -E Program) was established via an interagency agreement between the Commission and the Texas Department of Family and Protective Service (DFPS) to allow juvenile boards to recoup federal funds for providing services to eligible children and for administrative costs related to administering the Title IV -E Program. The funds to be distributed under the terms of this grant originate with the United States Department of Health and Human Services (DHHS) as the federal department administering the Catalog of Federal Domestic Assistance (CFDA) #93.658. a. Brazos Count; Texas Juvenile Probation The Commission October 2008 - Page' State Financial Assistance Contract Biennium 2008 -2009 Amend�men�t Number Eight II. GRANT SPECIFIC DEFINITIONS. A. Administrative m llr' Care reimbursements that are reasonable, properly allocat d and allowable under the Title V E Foster Reimbursement Program. 1. Enhanced Administrative Reimbursements. Reimbursements of expenditures for allowable Title IV -E activities performed by allowable staff for Title IV -E certified children and reasonable candidates for foster care. This reimbursement is based on a Cost Allocation Plan, a time study methodology, reasonable candidacy determinations, and the eligibility rate. rsements for salaries and other candidates f fcare. directly 2. Direct Administrative Reimbursements. related to providing services to T certified children and reasonable or oster B. Certification Worksheet. The form used by DFPS to notify juvenile probation departments, via the Commission, of the eligibility determination for children whose foster care assistance applications were submitted to DFPS. C. DFPS Person Identification Number. An eight -digit number assigned by DFPS to a child when they are determined to be eligible for Title IV -E benefits. D. DFPS Budget for Purchase of Services. Also referred to as the Budget Form 2030, this document is submitted by the Grantee at the start of each fiscal year of the biennium to estimate the total costs (i.e., administrative costs, foster care maintenance costs and supplemental child care costs) for which the Grantee will be seeking reimbursement. E. Eligibility Rate. The percentage of Title IV -E certified children placed in foster care. This rate is applied to administrative costs for reimbursement from the Title IV -E Program. This rate consists of the number of Title IV -E certified children each month divided by the number of children in foster care each month. F. Federal Medical Assistance Percentage (FMAP). The percentage of a state's Medicaid expenditures, other than administrative selected formula. pt h r wl percentage by sta en cco dance witha stat tory Th srat e applied o foster ca ema ntena cereimbur reimbursements. G. Foster Care. Twenty -four hour supervised care for children who have been removed from their normal place of residence (i.e., the home of their parent, legal guardian, managing conservator, custodian or relative) by an order of the juvenile court and placed in a foster care setting, and for whom the department has responsibility for care and placement. H. Foster Care Assistance Application. The application is submitted to the Commission to determine a child's Title IWE eligibility for foster care maintenance reimbursement. This application must be submitted for all children meeting the eligibility requirements for Title IV -E benefits. The Commission reviews the application and forwards it to DFPS for eligibility determination. I. Foster Care Maintenance Reimbursement. Reimbursement for foster care costs incurred for Title IV- E certified children. J. Foster Care Settings. Foster family homes, non - secure residential facilities licensed by DFPS or other state licensing authority and child care institutions operated by a governmental entity up to twenty -five (25) beds approved by DFPS for foster care reimbursement, relative /kinship care (licensed or unlicensed). Examples of foster care settings may include, but are not limited to: o Emergency shelters o Residential Treatment Centers o Maternity homes o Halfway houses o Child Placing Agencies (CPAs) o Therapeutic camps Texas Juvenile Probation The Commission State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight Brazos noun October 2008 - Page o Basic Child Care facilities o Substance abuse treatment facilities o Non - secure county operated residential programs with no more than twenty -five (25) beds o Foster family homes o Foster group homes o Therapeutic foster family homes o Therapeutic foster group homes o Kinship /relative care Children are not considered to be in foster care if placed in secure facilities, hospitals, or public institutions with more than twenty -five (25) beds. Examples of facilities that are not considered foster care may include, but are not limited to: o Psychiatric Hospitals o Boot camps o Pre - adjudication detention centers o Post adjudication facilities o County operated residential programs with more than twenty -five (25) beds K. Juvenile Justice Services. Juvenile justice services are services provided by or under the authority of the Grantee and provided by the juvenile probation department or other entity, including services contracted with third -party service providers, in response to a policy or directive instituted by the governing juvenile board or an order issued by a juvenile court and under the court's direction, including: 1. Protective services; 2. Prevention of delinquent conduct and conduct indicating a need for supervision; 3. Diversion; 4. Deferred prosecution; 5. Foster care; 6. Counseling; 7. Supervision; 8. Diagnostic, correctional and educational services; and 9. Services provided by a juvenile probation department that are related to placement in and /or the operation of a non- secure residential program or a juvenile justice alternative education program. L. Kinship /Relative Care. The placement of a child into the home of a relative or other caregiver by an order of a juvenile court order and for whom the department has responsibility for care and placement. M. Level of Care. A rating based on an assessment of the services a child will need while in foster care. Brazos Count Texas Juvenile Probation The Commission October 2008 - Page State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight 14q N. Level of Care Rate. The per diem amount paid for a child's placement based on the child's level of care. O. Reasonable a probation court-ordered deferred determined b e at nentsk of removal from his/her home and placement ntofos erca a tas documented in he case plan and /or case plan review. This determination must be based on safety issues in the home that currently place the child at imminent risk of removal and placement into foster care. P. Supplemental Child Care Costs. Allowable expenditures incurred by the Grantee for Title IV -E certified children for costs not covered by the placement per diem rate. Q. Time Study Methodology. A methodology used by the Grantee to determine the percentage of staff time used to perform Title IV -E allowable activities. The two approved time study methodologies are Random Moment Sampling (RMS) and the Continuous Time Reporting System. R. Title IV -E Approved Facilities. Facilities licensed and /or approved by DFPS for Title IV -E participation. S. Title IV -E Certified Child. A child who has been determined by DFPS to have met all Title IV -E eligibility requirements. T. Title IV -E Fiscal Coordinator. An employee of the Grantee's juvenile probation department designated to act as the Grantee's primary liaison between the Commission and the Grantee and all private consultants, providers, auditors and any federal or state agencies regarding the Grantee's Title IV -E reimbursements or other fiscal issues. U. Title IV -E Program Coordinator. An employee of the Grantee's juvenile probation department designated to act as the Grantee's primary liaison between the Commission and the Grantee and all private consultants, providers, auditors and any federal or state agencies regarding Title IV -E programmatic issues. III. PERFORMANCE MEASURES. A children The n foster cahe, reasonable candidates foCfo tereca eU and their Program fam'I es.grant is to increase services to B. Program Objectives. The permanency the -E pr gr met to strengthen foster care services and ensure that children's needs C. Program Performance. Grantee performance under the grant shall be determined using the following measures: 1. Standards compliance program monitoring score for Title 37, Texas Administrative Code (TAC) Chapter 347; 2. The percent of children in non - secure placement reimbursed with Title IV-E foster care maintenance reimbursements; and 3. The percentage that the total foster care maintenance reimbursements represents of the total amount of reimbursements received during the fiscal year (i.e., foster care maintenance reimbursements, administrative reimbursements and supplemental child care costs). IV. PROGRAMMATIC COMPONENTS. A. Programmatic Standards. The Grantee shall maintain compliance with all programmatic standards as outlined it Title 37 Texas Administrative Code (TAC) Chapter 347. This includes requirements for the case plan and review system for Title IV -E certified children. B. Training. The Grantee shall ensure that appropriate personnel attend all mandatory Title IV -E trainings provided by the Commission. Reimbursements may not be processed if appropriate staff have not attended and completed all mandatory Title IV -E trainings. 1. Title IV -E Fiscal Coordinator Training. The Title IV -E Fiscal Coordinator, or a designee approved by the Commission, shall attend all mandatory training provided by the Commission. 2. Title IV -E Program Coordinator Training. The Title IV -E Program Coordinator, or a designee approved by the Commission, shall attend all mandatory training provided by the Commission. 3. Reasonable Candidate Training. All staff whose duties include completing case plans shall receive annual case plan training, including determining reasonable candidates. This training shall be provided by the Title 111 ...�.•- I Texas Juvenile Probation The Commission State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight Brazos Voun October 2008 - Page IV -E Fiscal Coordinator, a designee approved by the Commission, an approved consultant or the Commission. ing in an approved time study shall receive time code 4. Time Code Training. All staff who will be participat training prior to participation in the study and annually thereafter. This training shall be provided by the Title IV -E Fiscal Coordinator, a designee approved by the Commission, an approved consultant or the Commission. C. Placement Screening. The Grantee shall develop and implement a procedure to screen all children placed outside the home by the juvenile court to determine whether they meet the following Title IV -E eligibility criteria: 1. Whether court orders used to remove the child from the home contain language required by TAC 347.05; 2. Whether the child would have been eligible for AFDC at the time of removal from a specified relative; and 3. Whether the child has been placed in a Title IV -E approved facility D. Foster Care Assistance Application. The Grantee shall complete and submit to the Commission a Foster Care Assistance Application for all children who meet the requirements described above in Section IV (C). The application shall be submitted within thirty (30) calendar days of the child's actual placement date. E. Foster Care Maintenance Reimbursements. The Grantee shall not claim foster care maintenance reimbursements until the receipt of the Certification Worksheet from DFPS, via the Commission, indicating that the child is Title IV -E certified. 1. Request for Reimbursement The Grantee shall use the Request for ReimbursemenVCorrections Form [TJPC - FIS- 01 -09] to claim foster care maintenance reimbursements for Title IV -E certified children. The request shall be complete and accurate and shall be submitted to the Commission by the 10th of the month following the month in which services were provided. Any requests received after this date will be processed the following month. A separate form shall be completed for each month claimed. F. Supplemental Child Care Costs. The Grantee shall submit the Supplemental Child Care Costs Form [TJPC - wlith n one quarter f the supplemental end of child care costs for fiscal Title IV-E certified children. which the Grantee s seeking reimbursement. l fitted G. DFPS Budget for Purchase of Services. The Grantee shall submit to the Commission a DFPS Budget for Purchase of Services [TJPC - FIS- 28 -04], also referred to as Budget Form 2030, at the start of the fiscal year, with an estimate of the total costs (including administrative costs, foster care maintenance costs and supplemental child care costs) for which the Grantee will be seeking reimbursement. The Grantee shall not request Title IV -E reimbursement until this form is completed and submitted to the Commission. 1. The Budget Form 2030 shall be signed by the chief juvenile probation officer. 2. All costs included shall be allowable and reasonable. 3. The Grantee shall submit a revised budget if actual amounts received vary more than 20% from the projection. H. Implementation Plan. The Grantee shall submit an implementation plan to the Commission for approval at the beginning of each fiscal year detailing the methodologies that the department will use in implementing the Title IV- E program. The Grantee shall follow the procedures and requirements adopted in the Grantee's Implementation Plan incorporated by reference herein. The Grantee shall follow any procedures or requirements added to the Implementation Plan by the Grantee's own initiative if approved by the Commission. If the Grantee wishes to change to a different methodology for claiming during the fiscal year, a new implementation plan must be submitted to the Commission for approval. The Grantee may not change methodologies during the fiscal year without formal approval from the Commission. The Title IV -E implementation Plan [TJPC- FIS- 03 -09] and transmittal letter [TJPC- FIS- 04 -09] are available on the TJPC website. I. Cost Allocation Plan and Indirect Cost Rate Proposal. The Grantee may use the Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal used for FY 2008 for FY 2009 Title IV -E Administrative claims if there have been no substantive organizational or methodology changes. The Grantee's fiscal officer shall submit a written letter to the Commission attesting to this. The Grantee shall not be eligible to receive Title IV -E enhanced administrative reimbursements until this letter has been reviewed and accepted by the Commission. 1. Cost Allocation Plan. The Grantee may choose to submit a new Cost Allocation Plan and Indirect Cost Rate Brazos Count Texas Juvenile Probation The Commission October 2008 - Page State Financial Assistance Contract Biennium 2008 -2009 Amendment ber E19 , Proposal for FY 2009. The plan and proposal shall be submitted at the beginning of each fiscal year. The Cost Allocation Plan must be prepared in compliance with Code of Federal Regulations (CFR) Title 45, Section 1356.60 et. seq. and Code of Federal Regulations (CFR) Title 2 Section 225. The Grantee shall not be eligible to receive Title ME enhanced administrative reimbursements until its CAP has been reviewed and accepted by the Commission. Any subsequent addendum or other proposed change to the CAP shall be submitted to the Commission for review. The CAP shall include: a. An organizational chart of the Grantee's juvenile probation department showing the structure of each division whose costs will be claimed for reimbursement under the Title ME Program; b. A list of all federal and non - federal programs performed, operated, administered or serviced by each division of the Grantee's juvenile probation department; c. A description of the activities performed by each division of the Grantee's juvenile probation department and the applicability to the Title IV -E Program; d. The estimated cost increase or decrease resulting from proposed changes to the Grantee's previous fiscal year's CAP; e. A certification by a duly authorized official no lower than the chief financial officer of the governmental unit that the plan: i. Was prepared in accordance with 2 CFR Section 225; ii. Provides an identification of the unit rendering the service and the operating agencies receiving the service; iii. Includes the items of expense included in the cost of the service; iv. Designates the method used to distribute the cost of the service to benefited agencies; and v. Contains a summary schedule showing the allocation of each service to the specific agencies supported by the last audited comprehensive annual financial report. The comprehensive annual financial report shall be made available for review upon request by the Commission. 2. Indirect Cost Rate Proposal. The Grantee may choose to submit a new Indirect Cost Rate Proposal to the Commission for FY 2009. The accurate county - certified Indirect Cost Rate Proposal must be based on the information contained in the Grantee's CAP and in accordance with 2 CFR Section 225 and 45 CFR Section 1356.60 et. seq. If the Grantee does not wish to claim indirect costs, the Grantee shall submit a letter signed by the chief juvenile probation officer attesting to this fact. The Grantee shall not be eligible to receive Title IV- E enhanced administrative reimbursements until its Indirect Cost Rate Proposal has been reviewed and accepted by the Commission or documentation of a decision not to claim these costs has been received. The Grantee shall include in its Indirect Cost Rate Proposal the following documentation: a. Any worksheets and other relevant data, cross - referenced and reconciled that is used by the Grantee to establish the indirect cost rate; b. The approximate amount of direct -based costs, as direct -based costs are defined by 2 CFR Section 225; and c. A certification by a duly authorized official at a level no lower than chief financial officer of the governmental unit that submits the proposal that the plan has been prepared in accordance with 2 CFR Section 225 and 45 CFR Section 1356.60 et. seq. J. Title IV -E Enhanced Administrative Claim. The Grantee shall submit an approved Title ME enhanced administrative claim form within one quarter of the end of each state fiscal quarter for which the Grantee is seeking reimbursement. Claims not received within seven quarters of the quarter for which the Grantee is seeking reimbursement shall not be paid. The Grantee shall include in its Title IV -E enhanced administrative claim the following documentation: 1. Cover Letter. The Grantee shall include an original cover letter signed by the chief juvenile probation officer with the current date and contains the following mandatory language, "To the best of my knowledge, the enclosed Title IV -E enhanced administrative claim is true, correct, and an accurate reflection of allowable costs as incurred by the [Grantee's] juvenile probation department for the quarter being claimed." 2. Indirect Cost Rate. The Title IV -E enhanced administrative claim shall include the indirect cost rate as Brazos County Texas Juvenile Probation The Commission October 2008 - Page 6 State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight documented in the Cost Allocation Plan. 3. Eligibility Rate for Title IV -E Certified Children. The Title IV -E enhanced administrative claim shall include an eligibility rate determined by using the methodology described in the Grantee's Implementation Plan and approved by the Commission. The eligibility rate shall be accurately recorded on the Title IV -E enhanced administrative claim. To determine this rate: a. The Grantee shall use the number of Title IV -E certified children as determined by DFPS for each month of the quarter; b. The Grantee shall determine the total number of children placed in foster care each month of the quarter; c. The Grantee shall determine a rate each month of the quarter by dividing the number of Title IV -E certified children by the total number of children in foster care; d. The eligibility rates for each month of the quarter will be averaged to determine an average eligibility rate for the quarter; and e wThe Grantee ith the e name document in the claim the dates of list of for each child r for each month of quarter, listed. 4. Eligibility Rate for Reasonable Candidates. The Grantee shall include in the Title IV -E enhanced administrative claim the numbers of reasonable candidates and non - candidates per quarter. The resulting rate is reported by the Commission to DFPS. 5. Time Study Methodology. The Grantee shall use the approved time study methodology included in the Implementation Plan and approved by the Commission. The Grantee shall ensure that staff are accurately and correctly recording their time according to Commission guidelines. The results of the time study shall be accurately documented on the Title IV -E enhanced administrative claim. 6. Administrative Costs. The Grantee shall ensure that all costs documented on the Title IV -E enhanced administrative claim are reasonable, allowable and properly allocated and that sufficient documentation is available to substantiate all costs. K. Reasonable Candidate Determination. The Grantee shall document reasonable candidate determinations in the Child/Family Case Plan [T.iPC- FS- 01 -08] and in the Review of Child /Family Case Plan [TJPC- FS- 02 -08]. Reasonable candidates are children on court- ordered probation or court- ordered deferred prosecution who have been determined to be at imminent risk of removal from the home and placement into foster care. The Grantee shall document on the case plan and reviews the source of documentation used to support a reasonable candidate determination. The Foster Care Risk Assessment [TJPC- FIS- 18 -08] shall be completed prior to completing each case plan and review. The risk assessment is currently being validated and shall not be the sole source of documentation. Social history reports, psychological reports, and other case plan documentation may be used to support the reasonable candidate determination. Additional requirements for documenting reasonable candidacy are found below in Sections L and M. L. Field Supervision Case Plans. The Grantee shall ensure that field supervision case plans meet the following requirements: 1. Reasonable Candidates. For a child to be considered a reasonable candidate for foster care, the case plan shall document the following: a. the tool or documentation used, in addition to the risk assessment, to determine if the child is a candidate for foster care; b. that the child is at imminent risk of removal from the home and placement into foster care absent preventative, pre - placement intervention services; c. the circumstances in the home which place the child at imminent risk of removal and placement into -foster care. The circumstances must be based on safety issues that place the child at risk of harm; d. goals to address the safety issues that place the child at imminent risk of removal and placement into foster care; and e. the date the determination of candidacy was made. This date shall be the date of the juvenile probation officer's signature on the case plan. Brazos Count, Texas Juvenile Probation The Commission October 2008 - Page State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight 2. Non - Candidates. The case plan shall document that a child is not a reasonable candidate and the date the determination was made. 3. Additional Requirements. All case plans must: a. be completed within thirty (30) calendar days from the child's disposition, using the FY 2009, TJPC field supervision Child/Family Case Plan [TJPC- FS- 01 -08]. The date of completion will be documented by the date of the juvenile probation officer's signature; b. contain written documentation acknowledging the plan was developed with input from the child, parent or custodian, and supervising juvenile probation officer; c. document identified needs of the child and family; d. contain goals, and interventions to address identified needs of the child and family; e. document the plan of contact for the child and family to include, at a minimum, monthly contact with the child and family; f. be signed and dated by the child, parent or custodian, juvenile probation officer and supervisor. If any party refuses to sign or is unable to sign the case plan an explanation must be provided; and g. document that the child and family were provided a copy of the case plan. M. Field Supervision Case Plan Reviews. The Grantee shall ensure that field supervision case plan reviews meet the following requirements: 1. Reasonable Candidates. For a child to be considered a reasonable candidate for foster care, the case plan review shall document the following: a. the tool or documentation used, in addition to the risk assessment, to determine if the child is currently a candidate for foster care; b. that the child is currently at imminent risk of removal from the home and placement into foster care absent preventative, pre - placement intervention services; c. the circumstances in the home which currently place the child at imminent risk of removal and placement into foster care. The circumstances must be based on safety issues that place the child at risk of harm; d. a review of the goals contained in the case plan to address the safety issues that place the child at imminent risk of removal and placement into foster care; e. the date the determination of candidacy was made. This date shall be the date of the juvenile probation officer's signature on the case plan review. 2. Non - Candidates. The case plan review shall document that a child is not a reasonable candidate and the date the determination was made. 3. Additional Requirements. All case plan reviews must: a. be reviewed six (6) months from the date of the initial case plan and every six (6) months thereafter; using the FY 2009, TJPC field supervision Review of Child/Famfly Case Plan [TJPC- FS- 02 -081. b. contain written documentation acknowledging the case plan review was developed with input from the child, parent or custodian, and supervising juvenile probation officer; C. update the plan of contact for the child and family to include, at a minimum, monthly contact with the child and family; d. discuss the extent of progress made by the child and family in achieving the goals identified in the previous case plan or case plan review; e. document newly identified needs, goals, and interventions for the child and family as appropriate; f. be signed and dated by the child, parent or custodian, juvenile probation officer and supervisor. if any party refuses to sign or is unable to sign the case plan review an explanation must be provided; Brazos Couni Texas Juvenile Probation The Commission October 2008 - Page State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight aaaa. document that the child and family were provided a copy of the case plan review; and be completed no later than thirty (30) calendar days from the date of a court ordered modifying the terms and conditions of probation. N. Level of Supervision. 1. The juvenile probation department shall adopt written criteria to determine the child's level of supervision, and the frequency and method of contact while under field supervision. 2. A minimum of one face -to -face contact per month shall be mandatory. O. Interim Supervision Case Plans. 1. The initial case plan shall be completed by the county with original jurisdiction over the child (i.e. sending. county) in accordance with Section IV (L), Field Supervision Case Plans. 2. If the sending county fails to provide an initial case plan, the receiving county shall complete an initial case plan no later than thirty (30) calendar days from the first face -to -face contact with the child and family. P. Interim Supervision Case Plan Reviews- 1 . If the sending county has completed the initial case plan, the receiving county shall complete a case plan review no later than thirty (30) calendar days from the first face -to -face contact with the child and family. 2 fahmicase nd every six (6 reviewed mon months thereafter months nd shall child's first required elements contact outlined in Section IV (M), y every () Field Supervision Case Plan Reviews. Q. Non - secure Residential Case Plans. 1. For IV -E certified children, the Grantee shall comply with all case plan requirements in accordance with Texas Administrative Code, Chapter 347. 2. For non -IV -E certified children placed in non - secure residential placements: a. The initial case plans for non IV-E children placed in non - secure residential placements shall: i. be completed within thirty (30) calendar days of the initial date of placement using the FY 2009, TJPC residential placement Child/Family Case Plan [TJPC- FED- 12 -04]. The date of completion will be documented by the date of the juvenile probation officer's signature; ii. contain written documentation acknowledging the plan was developed with input from the child, parent or custodian, and supervising juvenile probation officer; iii. document identified needs of the child and family; iv. contain goals, and interventions to address identified needs of the child and family; v. document the plan of contact for the child and family to include, at a minimum, monthly contact with the child and family; vi. be signed and dated by the child, parent or custodian, juvenile probation officer and supervisor. If any party refuses to sign or is unable to sign the case plan an explanation must be provided; and vii. document that the child and family were provided a copy of the case plan. R. Non - secure Residential Case Plan Reviews. The Grantee shall ensure that non - secure residential case plan reviews meet the following requirements: 1. Non - secure residential case plans shall be reviewed six months from initial date of placement and every six (6) months thereafter using the FY 2009, TJPC residential placement Review of Child/Family Case Plan (TJPC-FED-15-04]. 2. Contain written documentation acknowledging the plan review was developed with input from the child, parent or custodian, and supervising juvenile probation officer; Brazos County Texas Juvenile Probation The Commission October 2008 - Page 5 State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight 3. Update the plan of contact for the child and family to include, at a minimum, monthly contact with the child and family; 4. Discuss the extent of progress made by the child and family in achieving the goals identified in the previous case plan or case plan review; 5. Document newly identified needs , goals, and interventions for the child and family as appropriate; 6. Be signed and dated by the child, parent or custodian, juvenile probation officer and supervisor. If any party refuses to sign or is unable to sign the case plan review an explanation must be provided; and 7. Document that the child and family were provided a copy of the case plan review. S. Post - Placement Case Plan Requirements. 1. An initial case plan shall be developed for all children released from a residential placement facility within thirty (30) calendar days of their release and shall contain all elements outlined in Section IV (L), Field Supervision Case Plans. 2. Case plans shall be reviewed periodically but no less than once every six (6) months from the date of release from placement .and shall contain all elements outlined in Section IV (M), Field Supervision Case Plan Reviews. T. Direct Administrative Reimbursements. The Grantee shall submit a Title IV -E direct administrative claim within one quarter of the end of each state fiscal quarter for which the Grantee is seeking reimbursement. Claims not received within seven quarters of the quarter in which the Grantee is seeking reimbursement shall not be paid. The Grantee shall include in its Title IV -E direct administrative claim the following documentation: 1. Cover Letter. The Grantee shall include an original cover letter signed by the chief juvenile probation officer with the current date that contains the following mandatory language, "To the best of my knowledge, the enclosed Title IV -E direct administrative claim is true, correct, and an accurate reflection of allowable costs as incurred by the [Grantee's] juvenile probation department for the quarter being claimed." 2 Administrative are le Title administrative cla m resonable, allowable, and properly allot ted and that sufficient documntation is available to substantiate all costs. U. Reimbursable Costs. The Grantee may request reimbursement for services that include foster care maintenance expenses, training expenses that are directly related to allowable Title IV -E activities and for administrative and other expenses necessary for the administration of the Title IV -E Program. The Grantee shall ensure that any flat fees charged for reimbursement under the Title IV -E Program shall be reasonable and based upon a cost or price analysis made and documented in the Grantee's procurement files in accordance with 45 CFR Section 74.46. All claims under this grant shall only be made for expenditures made or incurred during the term of this grant. The Grantee shall be reimbursed only for allowable costs. V. Non-Reimbursable ul Grantee claim ln basis funding from other federal source. In addition, the Grantee shall not quest reimbursement nt for the following unallowable costs: . 1. Any unallowable costs in 2 CFR Section 225;; 2. Any unallowable costs in 45 CFR Section 1356.60; 3. Any unallowable costs in Title 40 TAC Chapter 732; 4. Social service costs; 5. Medical expenses, including physical and mental examinations; 6. Medications; 7. Counseling; 8. Testing /evaluation, including substance abuse testing; 9. Homemaker or housekeeping services; 10. Education expenses; 11. Electronic monitoring costs; 12. Detention costs or any associated costs; 13. Cost of secure placement or any associated costs; 14. Contingency fees; and 15. Recreational expenses. Texas Juvenile Probation The Commission State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight Brazos Count) October 2008 - Page 1 C W. Unallowable Reimbursements. The Grantee shall repay the Commission all funds paid to the Grantee for ineligible administrative and foster care maintenance claims retroactive to the earliest date of ineligibility. The Grantee shall notify the Commission immediately when it is discovered a child has become ineligible for Title ME funding. In the event the Grantee shall repay funds, the Commission may exercise the following options: 1. The Commission may deduct the amount of federal recoupment from the next scheduled Title IWE payment from the Commission to the Grantee; 2. If the next scheduled payment is insufficient to satisfy the federal recoupment or all payments during a fiscal year have been made, the Grantee shall pay the Commission the required amount within forty -five (45) calendar days of the date of written notice from the Commission; or 3. If the Grantee fails to reimburse the Commission for ineligible claims as detailed above, the Commission may withhold funds from any or all state grant programs funded by the Commission in which the Grantee participates until the arrearage is paid. X. Documentation. The Grantee shall retain sufficient documentation to substantiate that all expenditures included in all claims for reimbursement are allowable, reasonable and properly allocated. This documentation shall be retained and available for review for five (5) years. Y. Official Communications /Assistance. The Grantee shall forward all inquiries, comments and correspondence regarding the Title ME Program directly to the Commission and to no other persons, entities, state or federal agencies. If the Grantee utilizes any private vendors to perform services related to submitting Title ME maintenance and administrative claims, all official communications with the Commission, both formal and informal, shall be initiated by the either the Title ME Fiscal Coordinator or the Title ME Program Coordinator. The coordinators shall also act as the Grantee's primary representative in any meetings related to Title ME programmatic/fiscal issues and provide assistance as needed to Commission staff related to program or fiscal monitoring by any federal or state governmental entity or its designee. Z. Privatization and Subcontracts. 1. Subcontracts for Title IV -E Administration. All subcontracts entered into by the Grantee or the Grantee's county shall be in writing stating that all subcontractors shall be subject to the General Grant Requirements and /or requirements specified herein as well as applicable Commission standards. The Grantee shall accept financial responsibility for the performance, nonperformance, errors and omissions of a subcontractor who entered into a contract for the provision of Title ME Federal Foster Care Program management. 2. Title IWE Eligibility for Facilities Not Under Contract with the DFPS. In the event the Grantee seeks to assist a facility not currently under contract with DFPS in obtaining IWE participation approval from DFPS, the Grantee shall provide or ensure that its subcontractor provides all the information required by the Commission's Title IWE Program rules and regulations. a. Residential programs operated by a juvenile board and administered by a juvenile probation department shall: i. Complete any and all cost reports as requested by or on behalf of the Texas Health and Human Services Commission (HHSC) in the manner and time frame specified; ii. Implement procedures to ensure compliance with DFPS licensing standards; iii. Provide placement services at the service levels and rates determined by the review of the program's compliance with service level indicators to be monitored by the Commission. Information relating to service indicators and rates are contained in the Level of Care Descriptions [TJPC -FED- 28-04] and the Level of Care Rates [TJPC- FED- 27 -04]. b. The juvenile board shall ensure that private facilities not under contract with DFPS shall: i. Complete any and all cost reports as requested by or on behalf of the Texas Health and Human Services Commission (HHSC) in the manner and time frame specified; ii. Implement procedures to ensure compliance with DFPS licensing standards; iii. Provide placement services at the service levels and rates determined by the review of the program's compliance with service level indicators to be monitored by an independent party. The provider shall be responsible for contracting directly with the independent party for provision of these Brazos County Texas Juvenile Probation The Commission October 2008 - Page t State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight monitoring services. Information relating to service indicators and rates are contained in the Level of Care Descriptions [TJPC- FED- 28 -04] and the Level of Care Rates [TJPC- FED- 27 -04]. AA. Certification and Disclosures Regarding Lobbying. The Grantee shall comply with the provisions applicable to any federal contract, grant or award covered by 31 U.S.C. 1352. The Grantee shall submit to the Commission along with the signed Amendment Eight for the 2008 -2009 Biennium, the DFPS Certification Regarding Federal Lobbying Form 2047e. The Grantee shall require all subrecipients of federal funds under this grant to submit to the Grantee the Form 2047e or include the language of this certification to be contained in the award documents for all subawards at all tiers, including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements. V. PROGRAMMATIC REPORTING. A. Annual Reports. None. B. Quarterly Reports. None. C. Monthly Reports. None. 1. Grantee shall submit the Periodic Case Review Monthly Summary [TJPC- FED- 20 -04] to the Commission no later than the 10'' calendar day of the month for all administrative reviews conducted during the previous month. D. Other Periodic Reports. See Also General Grant Requirements. 1. Placement Information Discharge. The Grantee shall submit the Placement Information Discharge Form (PID) [TJPC- FED- 21 -04] when any change occurs regarding a Title IV -E certified child's eligibility status, level of care rate or, location within five (5) calendar days of the change. VI. PROGRAMMATIC MONITORING. A. On -Site Monitoring Visits. See General Grant Requirements. B. Unannounced On -Site Monitoring Visits. See General Grant Requirements. C. Desk Audits. See General Grant Requirements. D. Other. None. VII. APPLICABLE LAW, POLICY AND PROCEDURE. The Grantee shall comply with the following . applicable state laws, federal laws, standards, policies and procedures as they currently exist or as amended, revised or enacted during the term of this grant: A. Applicable Standards. 1. Texas Administrative Code (TAC) Title 37 Public Safety and Corrections. a. Chapter 341 — Texas Juvenile Probation Commission. b. Chapter 347 — Title IV -E Federal Foster Care Programs. c. Chapter 349 — General Administrative Standards. 2. Texas Administrative Code (TAC) Title 40, Part 19 Department of Family and Protective Services. a. Chapter 732, Sections 732.240 -256 — Contracted Services. B. General Statutes. See General Grant Requirements. 1. Federal Law. a. Code of Federal Regulations (CFR) Title 45 — Public Welfare, as amended. i. Title 45 Code of Federal Regulations Section 1356.60 — Requirements Applicable to Title IV -E. Texas Juvenile Probation The Commission Brazos County State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight October 2008 - Page 12 b. Code of Federal Regulations (CFR) Title 2 - Office of Management and Budget. L Title 2 Code of Federal Regulations Section 225 - Cost Principles for State, Local and Indian Tribal Governments. c. Office of Management and Budget (OMB) Circular A -102, as amended. i. Office of Management and Budget (OMB) Circular A -102 — Grants and Cooperative Agreements with State and Local Governments. d. Office of Management and Budget (OMB) Circular A -133, as amended. i. Office of Management and Budget (OMB) Circular A -133 — Audits of States. Local Governments and Non - Profit Organizations. e. Social Security Act of 1935, as amended. i. Title 42 United States Code 670 et. seq. — Social Security Act, Title IV -E. 2. State Law. a. Texas General Appropriations Act. b. Texas Government Code, Title 7, Uniform Grant and Contract Management. i. Chapter 783 - Uniform Grant and Contract Management Act. C. Policy and Procedure. 1. Texas Juvenile Probation Compliance Resource Manual, Volumes 1 - 2. 2. State of Texas Governmental Title IV -B and PAL (Title IV-13 and IV -E) Purchased Services Contract. VIII. FINANCIAL COMPONENTS. A. Allowable Expenditure of Funds. The Grantee shall expend all funds received under this grant for allowable expenditures as they are detailed herein. 1. The Grantee shall use any and all financial reimbursement received through the Title IV-E Program under this grant for juvenile justice services. 2. The Grantee may expend grant funds for the purchase of equipment, renovation or construction with prior authorization by the Commission. An item is equipment if county policy requires it to be capitalized or, if the county has no policy, it has a useful life of more than one year and a cost of more than $5,000.00. B. Unallowable Expenditure of Funds. See Also General Grant Requirements. 1. The Grantee shall not expend, obligate or utilize Title IV -E funds for any purpose other than those authorized in Section VIII (A) above. 2. The Grantee shall not use reimbursement funds received through this grant for placement of children in secure pre- adjudication detention facilities, short-term detention facilities (i.e., holdover) or secure post - adjudication correctional facilities or any related costs. 3. The Grantee shall not expend more than fifteen percent (15 %) of any federal funds received pursuant to the Title IV-E Program for any flat or contingency fees paid to private service providers for Title IV -E administrative claiming. C. Financial Match Requirements. None. D. Funding Adjustments. 1. Reduction of Grant Payments. See General Grant Requirements. 2. Unexpended Balances. None. Texas Juvenile Probation The Commission Brazos County State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight L� October 2008 - Page 13 3. Overpayments. See General Grant Requirements. 4. Refunds Due. See General Grant Requirements. E. Timely Expenditure of Grant Funds. None. Audits. See Also General Grant Requirements. 1. The Grantee shall be responsible for determining applicability and ensuring compliance with the Single Audit Act of 1984, Public Law 98 -502, and as amended by the Single Audit Act Amendments of 1996, Public Law 104 -156 as it relates to reimbursements received under this grant. The Grantee shall have a Single Audit performed if applicable and retain copies for future review by federal and state officials. Per OMB Circular A- 133, Section 320(e), the Grantee shall submit one copy of the reporting package, when Schedule of Findings and Questioned Costs discloses an audit finding relating to Title IV -E funding. G. Financial Assurances. See Also General Grant Requirements. 1. The receipt and expenditure of Title IV -E federal reimbursements received by the Grantee pursuant to this grant are accounted for separately and expended according to the grant requirements. 2. Prior written authorization from the Commission is received for the purchase of equipment, renovation or construction. An item is equipment if county policy requires it to be capitalized or, if the county has no policy, it has a useful life of more than one year and a cost of more than $5,000.00. 3. No more than fifteen percent (15 %) of any federal funds received pursuant to the Title IV-E Program are used for any flat or contingency fees paid to private service providers for administrative claiming. 4. Grantee did not use reimbursement funds received through this grant for secure placement or detention or any related costs. 5. Idle funds are invested in an account that provides a reasonable interest rate and provides necessary protection of principal. Interest generated as a result of Title IV -E funds deposited from the Commission is credited to the account for enhancing juvenile justice services. 6. Salary expenses reported on Title IV -E administrative reimbursement claims do not include travel allowances or emoluments. 7. Title IV- E- specific training and general training costs reported on Title IV-E administrative claims are an accurate representation of costs. 8. Direct and indirect costs reported on Title IV -E administrative claims are an accurate representation of allowable expenses incurred on behalf of the Title IV -E Program. 9. Any and all findings related to the Title IV -E Program noted in the annual Single Audit for the Grantee, if applicable, are disclosed in the Schedule of Findings and Questioned Costs in the Grantee's Annual Independent Audit and a reporting package is submitted to the Commission as prescribed by OMB A -133. 10. The Grantee's policies on compensatory time and overtime pay are consistently applied to employees of the Grantee's juvenile probation department for all state and federal programs. H. Service Provider. See General Grant Requirements. IX. FINANCIAL REPORTING. A_ Annual Reports. 1. Designation of Key Personnel Spreadsheet. The Grantee shall designate a Title IV -E Program Coordinator and a Title IV-E Fiscal Coordinator on the Designation of Key Personnel Spreadsheet [TJPC- FIS- 31 -05] as required in the General Grant Requirements. B. Quarterly Reports. None. C. Monthly Reports. None. D. Other Periodic Reports. None. -■+*Mpww— ' 55 Texas Juvenile Probation The Commission Brazos County State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight October 2008 - Page 14 X. FINANCIAL MONITORING. A. Annual Monitoring. See General Grant Requirements. B. Periodic Monitoring. See General Grant Requirements. End of Grant E Article IV. Amendment to State Financial Assistance Contract Article IV OBLIGATIONS AND RESPONSIBILITIES OF THE COMMISSION Article IV, section 4.1, subsection 4.1.4 is amended by adding the following subparagraph after paragraph 4.1.4.1. to read as follows: 4.1.4.1.1 Scope of Grant E for FY 2008 — 2009. The requirements contained in Grant E shall apply only to Title IV -E administrative claims submitted for 4`' quarter, FY 2008 and 151 through 4t' quarters, FY 2009. Title IV -E administrative claims submitted for 15i 2 "d and 3rd quarters, FY 2008 will follow the requirements set forth in the E -Grant for FY 2006 -2007. Texas Juvenile Probation The Commission Brazos County State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight October 2008 - Page 15 T3 p For the faithful performance of the terms of this Contract, the parties hereto in their capacities as stated, execute this Contract, affix their signatures and bind themselves. THE STATE OF TEXAS, Acting By and Through The Texas Juvenile Probation Commission By: Title: Contract Administrator GRANTEE, uve Brazos By: (J nile Board Chairperson) Title: County Judge By: (C ' Administrative Officer) Title: By: Director of Juvenile Services (Fiscal Officer) Typed Name: Judy Ybarbo Date: Typed Name: Randy Sims Date: Typed Name: Doug Vance Date: I t2 , 1 ? , Typed Name: Katie Conner Title: County Auditor Date: �) v 157 Texas Juvenile Probation The Commission Brazos Lounty State Financial Assistance Contract Biennium 2008 -2009 Amendment Number Eight October 2008 - Page 16 EXHIBIT "I" JUVENILE BOARD RESOLUTION STATE OF TEXAS COUNTY OF BRAZOS Know All Men By These Present On this the 16th day of December 20 08 , a duly called and lawfully convened meeting of the Juvenile Board of Brazos County, Texas was held in the City of Bryan to the Texas Open Meetings Act. A quorum of the Members were present, to wit: [Insert Names of Juvenile Board Members Present) J Uur C 'J. L • Luur,1G� , 85th District Court Judge Travis Bryan I 272nd District Court Judge Steve Smith, 361st District Court Judge Amanda Matzke, Judge Jim Locke, Brazos County Co County Judge and where, among other matters, came up for consideration and adoption the following Resolution: Whereas, the Juvenile Board of Brazos in the aforementioned state financial assistance grants incorporated into this Contract by reference; and County /Judicial District voluntarily wishes to participate and agrees to the binding terms in this Contract, which has been Whereas, the Juvenile Board believes that execution of Amendment Number Eight to the 2008 - 2009 Biennium State Financial Assistance Contract will further the interests of juvenile justice in this county and are in support of this resolution; Therefore Be It Resolved that the Juvenile Board of Brazos County, Texas does hereby formally authorize and approve execution of Amendment Number Eight to the State Financial Assistance Contract for 2008 - 2009 Biennium with the Texas Juvenile Probation Commission. Further Be If Resolved that the current Juvenile Board Chairman, Randy Sims be, and is hereby, authorized to sign this Resolution and execute the above referenced Contract as the act and deed of the Juvenile Board of Brazos County. The foregoing Resolution was lawfully moved by Ann Anderson , duly seconded by Judge Amanda Matzke and duly adopted by the Juvenile Board on a vote of 7 members for the motion and 0 opposed. Printed Name gPJhenil9!`B6ard C Signature of JuvenXBoard Chair Date Signed Miami Air International, Inc. Charter Contract MAILING ADDRESS: P.O. BOX 660880 MIAMI SPRINGS, FL 33266 -0880 CONTRACT NO: M1639.08.3 REVISION NO: 1 TERMS: Standard DATE OF ISSUE: 12/09/2008 REMARK: -W - ADDRESS: P n Box 660880 PHONE: (305) 876 -3600 FAX: (305) 871 -4222 CHARTERER NAME: Brazos County Sheriffs Office (Hereinafter, and in said conditions described as the CHARTERER.) ADDRESS: 1700 Hwy. 21 West, Attn: Lt. David Drosche CITY /STATE/ZIP: Bryan, TX 77803 TELEPHONE: (979) 361 -4846 FAX: (979 ) 361 -4847 This charter contract agreement is made between Miami Air International, Inc. (MAI) and CHARTERER. Wherein it is mutually agreed that CHARTERER shall purchase from MAI, and MAI shall furnish to CHARTERER, charter air transportation (hereinafter the "Flight(s)" or charter(s), subject to the terms and conditions herein. Charter Type: Single Entity A/C Type: 737 -800 A/C Type: Seating Capacity: 172 Seating Capacity: Fuel Volume: 800 Gallons per Block Hour Fuel Volume: Maximum Payload: 40000 per flight Maximum Payload: Base Fuel Price (System wide Average): $3.00 Maximum Luggage per Passenger: 2 pieces Charter Price: TOTAL BASE PRICE OF CONTRACT (FROM SCHEDULE A) $107,766.84 TOTAL TAXES (FROM SCHEDULE A, Subject to Change) $9,945.51 TOTAL CONTRACT PRICE (Subject to Change) $117,712.35 Payment Schedule: See Schedule A Itinerary: See Sched44 B ACCEPTED FOR MAI: By : -•--- By: PRINTED NAM �� 5itk.S PRINTED NAME Kavin I White OF SIGNER- � OF SIGNER: TITLE: r TITLE: norectnr of Sal pc; ADDRESS: r-a :p , t IL ( etics AY.¢.., -W - ADDRESS: P n Box 660880 CITY /STATE: .n l 'ma CITY /STATE: Miami Sprjnq -g FI DATE SIGNED: DATE SIGNED: CITY /ST WHERE EXECUTED: can ,—I)(, CITY /ST WHERE EXECUTED: THIS AGREEMENT IS NOT BINDING ON MAI UNTIL SIGNED BY ONE OF ITS AUTHORIZED PERSONNEL AND THE REQUIRED DEPOSIT RECEIVED. Prior to that time, this agreement is subject to crew and equipment availability. This offer of transportation must be completed with required deposit prior to 12/18/2008. NOTE: ALL PAGES OF THIS CONTRACT MUST BE INITIALED AND DATED AT TIME OF SIGNING. �1 151 Schedule A Charter Price, Taxes & Payment Schedule Contract No: M1639.08.3 Contract Date: 12/09/2008 Revision No: 1 Base Price of Contract: $107,766.84 TAXES AND FEES Passengers Cost per Passenger Sub - Total(s) PFC Fee per passenger CLL 115 $4.50 $517.50 PFC Fee per passenger IAD 115 $4.50 $517.50 US Dom. Percentage 1 $8,082.51 US Dom. Segment Fee 230 $3.60 $828.00 Total $9,945.51 Remarks: PAYMENT SCHEDULE Payments Due: Base Percent Taxes and Amount Date Due Invoice Invoice Amount of Base Fees Due No. Issued $107,766.84 $9,945.51 $117,712.35 12119/2008 Total $107,766.84 $9,945.51 $117,712.35 Invoice Paid Accepted razos County Sheriffs Office Accepted by: Miami Air International, Inc. Initials: Date: Initials: Date: ■ T E2 § k) \> J a) / 7 a) o f ƒ\ ±_ : / � \ � § $ o 3 . 2 � k 2 m C) j § � � ] . a k tm I > > 2 k 2 I� )k kR 3$ // 0 § ) ) ■ ne k§ k - J 6 2 E p & a a ± 2 G d c 2 2 @ 2 Q % [ CD k \ ) 0 / LL e 2 2 § @� J - 4) _j E u J� � LO t2 � R � ( E o C /. u k 7 § ° § § § \ CL o § k ) « . _ ) ) 0 0 C a c ; 0 5 2 § G 2 k G Miami Air International Contract No. Ml 639.08.3 This is to verify that: DATE: December 8, 2008 Brazos County Sheriff s Office will be paying in total for the air charter as outlined in Schedule 'B' of the air charter agreement number: M1639.08.3. The passengers will not contribute directly or indirectly to this charter. Accepted for arterer: Initials: Date: S 11-7 16A Accepted for MAI: Initials: Date: miamhe IN TERN ATIONAL., December 8, 2008 Contract # M1639.08.3 Thank you for choosing Miami Air International as your charter airline. As you know, safety and customer satisfaction are paramount at Miami Air International and all of our resources are committed to that edict. As always, our main focus continues to be exceeding your expectations — now, and for many years to come. It is our desire to provide service that is unparalleled in every aspect, backed by our 100% reliability guarantee. In order to meet these goals we must continually monitor various aspects of our operation and, in certain cases, make adjustments where necessary. Of utmost importance is access to safe and reliable sources of jet fuel, particularly at airports not serviced by many major U.S carriers. Although we attempt to accurately forecast the cost of obtaining jet fuel at the most economical price available, the fuel market continues to be on an upward trend. While your contract provides for fuel at the base price indicated on the cover page of your contract, the market may command a higher price on you particular date of flight. It is our hope that fuel prices will decline in the near future; however, until such time it has become necessary for us to implement a "fuel surcharge" in order to ensure our continued ability to provide the level of service that you have come to expect from Miami Air. Accordingly, "fuel surcharge" invoices are being issued approximately two weeks prior to the flight date and will accurately reflect the cost of providing service. In order to help you plan for this potential expense we have estimated the amount of your surcharge per .05 cent increase in fuel above the contracted base rate. Please be assured that Miami Air remains financially stable and will continue to set the standard as "The Premier Charter Airline ". If you have any questions or concerns regarding this matter please do not hesitate to contact me directly at (305) 876 -3626. Very Truly Yours, Michael Hackert Vice President, Sales/Marketing Every $.05 Fuel Price Increase = $360.00 Fuel Surcharge causes increase in the U.S. Domestic Percentage Tax r Miami Air International Contract No. M1639.08.3 -1- DATE: December 8, 2008 1. Services. MAI shall provide and operate aircraft for the transportation of passengers, baggage and cargo of Charterer in accordance with the schedule set forth on the cover page of this Agreement (the "Schedule "). No Schedule shall be binding on any party unless signed by such party. MAI will perform this Agreement in accordance with all applicable laws, including but not limited to the Federal Aviation Regulations ( "FARs ") issued by the Federal Aviation Administration ( "FAA "), regulations issued by the U.S. Department of Transportation ( "DOT ") and the laws of any country having jurisdiction. The equipment to be provided by MAI shall be a Boeing 737 aircraft (the "Aircraft ") fully equipped for over water operations in accordance with FAR Part 121. In addition to the Aircraft, MAI shall provide the following: (i) a full two - person cockpit crew and four- person cabin crew, (ii) flight dispatch and flight following, (iii) hull and public liability insurance, (iv) complete maintenance, overhaul and repair of the Aircraft in accordance with FAR 121 and MAI's B737 maintenance program, (v) fuel, oil and other fluids, (vi) passenger, baggage and cargo loading and off - loading, (vii) navigation and communication services, (viii) landing and parking fees, (ix) Aircraft ground costs at all points, (x) crew hotel, transport and per -diem, (xi) maintenance support if necessary, (xii) Aircraft security, and (xiii) catering or commissary as set forth in the cover page of this Agreement. Unless otherwise agreed in writing, all costs paid or incurred by MAI for services not covered under this paragraph shall be reimbursed by the Charterer, on demand, together with a 20 percent service charge. Notwithstanding anything to the contrary, Charterer is not authorized to request any service or product from any third party for the account of MAI without the prior written consent of MAI. Charterer hereby agrees to indemnify and hold MAI harmless from and against any loss, cost or expense paid or incurred by either Charterer or MAI and not previously authorized by MAI in writing in accordance with the terms of this Agreement. 2. Charges A. Charter Price. Charterer agrees to pay the charter price to MAI or its authorized agent in accordance with the Schedule of Payments section of this Agreement. Except as specifically provided in this section 2, Charterer shall not be liable for any additional charges other than taxes and fees imposed by government agencies. MAI shall advise Charterer as soon as practicable of any additional taxes, fees or charges levied against MAI which are the responsibility of the Charterer. Such taxes, fees or charges shall be payable by Charterer on or before the earlier of (i) 30 days after the date of such notification or (ii) the business day immediately preceding the date of the flight concerning which such taxes, fees or charges are levied. B. Fuel Charges. The charter price is subject to increase by an amount (in U.S. dollars) equal to any sum that MAI must pay for fuel as the result of fuel prices higher than those stated on the cover of this Agreement. MAI shall notify Charterer in writing of the exact amount of any such increase at least 10 days in advance of the date of departure of the segment of such Flight (originating or returning) affected by the increase. If the effect of any price increase would raise the Charter Price of any flight more than twenty percent (20 %), Charterer shall have the right to cancel any affected Flight(s) or segments(s) within 3 calendar days of receipt of the notice of charter price increase and receive a full refund of all amounts paid for the Flight(s) or segment(s) so canceled. If Charterer fails to cancel the affected Flight(s) or segment(s) by the close of business on the 3rd day, the amount of the increase automatically will become due and payable no later than the first business day prior to the operation of the Flight with respect to which such Charter Price increase relates. C. Insurance Charges. The charter price is subject to increase by an amount (in U.S. dollars) equal to any sum that MAI must pay in respect of any increase in insurance rates regardless whether Charterer is the cause of such increase. MAI shall notify Charterer in writing of the exact amount of any such increase at least 10 days in advance of the date of departure of the segment of such Flight (originating or returning) affected by the increase. If the effect of any price increase would raise the Charter Price of any flight more than fifteen percent (15 %), Charterer shall have the right to cancel any affected Flight(s) or segments(s) within 3 calendar days of receipt of the notice of charter price increase and receive a full refund of all amounts paid for the Flight(s) or segment(s) so canceled. If Charterer fails to cancel the affected Flight(s) or segment(s) by the close of business on the 3rd day, the amount of the increase automatically will become due and payable no later than the first business day prior to the operation of the Flight with respect to which such Charter Price increase relates. Accepted for arterer: Accepted for MAI: Initials: — Initials: Date: Date: t F'" i!�`f Miami Air International Contract No. M1639.08.3 -2- DATE: December 8, 2008 D. Special Services. In the event MAI assists Charterer in securing ground transportation, hotel reservations or other services, MAI shall act only as Charterer's agent and Charterer shall bear the costs of such services and all risks of injury, damage or loss arising out of such services, and Charterer shall indemnify and hold MAI harmless from any kind and all claims of loss asserted against, or incurred by, MAI when acting in such capacity. E. Payment Conditions. All payments under this Agreement by the Charterer shall be made by wire transfer to MAI's escrow account at the Bank of America of Florida or by cashier's check made directly to MAI. See Appendix for wire transfer information. Payments shall be made in United States currency, unless otherwise indicated in this Agreement. Payments shall be made in conformity with currency rules and regulations of all governments concerned (Charterer shall be responsible for such compliance) and shall be accompanied by such authorization as is required to enable MAI to convert non - United States currencies into United States dollars and to transfer such funds to the United States. Any refunds due to the Charterer by MAI shall be made in the currency and at the place where payment was originally made by the Charterer. Simultaneously with execution of this Agreement or on such other days as may be specified, and to secure payment by Charterer of all obligations incurred pursuant to the terms hereof, Charterer shall pay to MAI in immediately available funds an amount indicated as "deposit" in the Schedule of Payments section of this Agreement. All sums paid into such escrow account shall be deemed a "deposit" regardless whether such payment was made under this Agreement or any other Agreement between Charterer and MAI. Charterer agrees that in the event Charterer fails to make any timely payment required pursuant to the terms of this Agreement or any other agreement between Charterer and MAI, including without limitation any payment applicable to any cancellation charges, or is otherwise in default under any such agreement, MAI shall have the right thereafter without fiuther notice, to apply the deposit to any and all unpaid obligations of Charterer to MAI. Any failure to make a timely payment to MAI when due may result, at MAI's sole option, in cancellation of all Flights remaining to be flown under any agreement between MAI and Charterer notwithstanding MAI's application of the proceeds of the deposit to Charterer's unpaid obligations. The escrow account of the Bank of America of Florida, secures advance Charterer payments received by MAI on account of this Agreement. Charterer agrees to serve MAI as soon as practicable after cancellation of a charter Flight with any and all claims concerning such canceled charter Flight. In any event, the Charterer shall file any claim with MAI or, if MAI is not available, with the depository bank within sixty (60) days after the cancellation of a Flight, or that bank shall be released from all liability for that flight. Claims may be made only with respect to the nonperformance of air transportation and shall apply only to advance payments that are unearned by MAI or which MAI is not entitled to retain under the terms and provisions of this Agreement. No charter flight will commence until all funds are deposited. Charterer hereby grants to MAI a security interest in and to the deposit to secure the payment of any and all obligations of Charterer to MAI, whether due under the terms of this Agreement or otherwise. 3. Cancellation. A. Date of Cancellation. The date of cancellation of a charter shall be the date on which (i) MAI receives written or telefaxed notification from the Charterer, or (ii) MAI sends written or telefaxed notification to the Charterer that MAI is canceling, a flight or (iii) Charterer ceases operations regardless whether Charterer or MAI gives notice of cancellation. B. Cancellation Charges. In the event that after this Agreement or any Flight to be flown pursuant. to the terms of this Agreement (i) is voluntarily canceled at the request of the Charterer (for. all purposes under this Agreement, Charterer shall be deemed to have requested the cancellation of any Flight remaining to be flown upon ceasing operations), (ii) is canceled by MAI because of the Charterer's ineligibility for charter transportation under the provisions of applicable Charter Regulations, or (iii) is canceled by MAI because of Charterer's default under the terms of this Agreement or any other contract between Charter and MAI, Charterer shall pay to MAI as liquidated damages all amounts due and owing as of the date of such cancellation plus the following charges (which may be deducted from any amounts being held in escrow by MAI or any other party): Accepted for arterer: Accepted for MAI: Initials: _4_ Initials: Date: 23/ ©B Date: Miami Air International Contract No. M1639.08.3 DATE OF CANCELLATION More than One hundred eighty (180) days before charter is to commence from point of origin. At least sixty-one (61) days but not more than one hundred eighty (180) days before charter is to commence from point origin. At least thirty-one (3 1) days but not more than (60) days before charter is tom commence from point of origin. At least thirteen (13) days but not more than thirty (30) days before charter is to commence from point of origin Twelve (12) days or less before charter is to commence from point of origin. -3- DATE: December 8, 2008 CANCELLATION CHARGE 15 percent of the total MAI charges as specified in this Agreement, per canceled Flight 20 percent of the total MAI charges as specified in this Agreement, per canceled Flight 25 percent of the total MAI charges as specified in this Agreement, per canceled Flight. 35 percent of the total MAI charges as specified in this Agreement, per canceled Flight. 100 percent of the total MAI charges as specified in this Agreement, per canceled Flight. If a charter for less than the entire capacity of an aircraft is canceled (split charter) as described above less than thirty (30) days prior to the commencement of any portion of the transportation, in order to protect the Charterer(s) of the balance of the aircraft, the cancellation charge shall be one hundred (100) percent of the total charter price specified in the Charter Agreement unless the carrier accepts a substitute Charterer for the one which has canceled, in which case the amount paid by the latter shall be refundable. Furthermore, if cancellation of a Flight causes MAI to ferry any aircraft, Charterer shall pay to MAI on demand, in addition to the charges specified in (B) above, a charge equal to $8,500 per hour (rounded up to the nearest whole hour) that such ferry flight operates, plus any applicable layover charges. 4. Operations and Performance of Charter Flight: A. Operations. Departure times shall be established by MAI and Charterer and are subject to aircraft routing, gate space, weather conditions and other operational factors. Each party shall use commercially reasonable efforts to cause on -time departures. MAI shall use commercially reasonable efforts to carry the charter passengers and their baggage with reasonable dispatch, but MAI shall not be liable for failure of a Flight to depart or arrive according to any predetermined schedule or routing. The time of boarding and departure from the origin point and all intermediate points of a Flight shall be determined by MAI. In the event that operational constraints and/or airport restrictions prohibit a departure time, MAI will affect a departure at the closest possible time thereafter. In the event that the Charterer does not have the passengers ready for boarding at the time specified, the Flight may proceed without the full load. In the event that individual passenger(s) fail to present themselves for loading at the time specified by MAI, the Flight may proceed without said passengers(s) and MAI shall not be liable to the Charterer nor to the passengers for their transportation or expenses, nor shall MAI refund any portion of the charter price to the Charterer under such circumstances. If, for any reason in its sole discretion, MAI determines at any time that the landing facilities at any point(s) on the itinerary of the charter are inadequate for safe operations or that landing is prohibited or restricted by law, MAI may substitute the nearest appropriate landing facilities therefore. Accepted for Charterer: Initials: �- Date: (2 I __T Accepted for MAI: Initials: Date: Miami Air International Contract No. M1639.08.3 -4- DATE: December 8, 2008 B. Operating Rights and Compliance with Immigration and Customs Regulations. This Agreement is conditioned on Charterer's timely compliance with, and MAI's timely receipt of, any consents and/or approvals of domestic or foreign governments and the timely grant of all landing rights required to operate the flights. Charterer shall be solely responsible for the timely compliance by it and its passengers with all requisite governmental requirements, including without limitation 49 U.S.C. § 44909(c) (Advanced Passenger Information System). Charterer shall comply with all MAI procedures and instructions relating to compliance with governmental requirements. Charterer agrees to indemnify and hold MAI harmless from and against any loss, cost or expense paid or incurred by MAI (including any penalties or fines levied) and resulting from or related to any failure by Charterer or its passengers to comply with any governmental requirement or any MAI procedure relating to any governmental requirement. Notwithstanding the foregoing, MAI assumes no responsibility for compliance by passengers with immigration and customs laws of each country from, through, or to which a Flight is operated pursuant to this Agreement. Unless otherwise specified, MAI shall use commercially reasonable efforts to obtain all required governmental consents and approvals, but shall not have any liability, other than the return of any deposits received if any such consent or approval is not obtained in time for the operation of the contracted flight. C. Use of Space In the event that any space available to the Charterer will not be utilized by Charterer, Charterer consents to the use by MAI of such space, without refund or reduction of the charter price, for the transport of passengers and property to the extent authorized by prevailing DOT regulations. D. MAI Rules. Charterer shall observe, and shall cause all passengers boarded at the request of Charterer to observe, all operating rules and regulations of MAI, DOT and FAA and comply with all reasonable instructions of MAI employees and agents. Charterer acknowledges that smoking is not permitted on any of the aircraft at any time. Charterer agrees that the aircraft and its crew will at all times be under the exclusive control of MAI and shall be commanded by the pilot -in- command, whose orders will be strictly complied with by the Charterer and all passengers. MAI may refuse to transport or may remove any passenger if such refusal or removal is reasonably necessary for the safety and comfort of the other passengers or if such passenger is creating a hazard to himself, to the Flight, or to other persons or to property. In the event of such refusal or removal, MAI shall not be required to refund any charges paid by Charterer. Material or consistent failure by Charterer or any passengers boarded at the request of Charterer to comply with the provisions of this paragraph D shall be deemed to be a material breach of this Agreement by Charterer entitling MAI to terminate this Agreement and collect the Cancellation Charges due hereunder for all canceled flights. E Substitute Aircraft. MAI reserves the right to substitute similar aircraft as reasonably required for all Flights. MAI at its option, may substitute aircraft of a type different from that specified without penalty to MAI provided that any such substitution shall not result in an increase in the charter price payable by the Charterer. The foregoing shall be deemed to include MAI's right to consolidate two or more groups on one aircraft. MAI may, to the extent permitted by applicable government regulations, subcontract the performance of any of its obligations under this Agreement, provided that it shall not thereby be relieved of its obligations to the Charterer. Any such subcontract shall be limited to air carriers authorized by the DOT and FAA to perform such services. F. Flight Delays. In its sole discretion, MAI may subcontract the performance of its obligations. under this Agreement in the event of departure delays. See subparagraph E, above. However, MAI shall have no obligation to provide any such subcontract service in those circumstances. G. Food and Liquor. MM's liquor - licenses are granted for the sale and consumption of liquor on board aircraft. All unused liquor aboard a charter flight will be retained in MAI's stock. Further, all food Accepted fm Charterer: Accepted for MAI: Initials. Initials: Date: 191,1Z/pY i' � J &7 Date: Miami Air International Contract No. M1639.08.3 -5- DATE: December 8, 2008 distributed aboard the aircraft shall be consumed on board. Neither Charterer nor Passengers shall bring any liquor onboard for consumption on board. Charterer agrees, and shall cause the passengers boarded at its request, to leave aboard the aircraft all food and beverages (including liquor) not consumed in flight. H. Contact Person. MAI and Charterer agree to cooperate with each other for the successful completion of the flights contracted herein. In connection therewith, Charterer shall appoint a person (the "Contact Person ") who shall be available to MAI on a 24 hour basis at the telephone numbers indicated for the purpose of coordinating Charterer's decisions with respect to the flights to be flown pursuant to this Agreement. Charterer hereby appoints the Contact Person as its attorney -in -fact for it and in its name, place and stead, to give all instructions which Charterer may legally give under the terms of this Agreement. If, within the 48 hours prior to the scheduled departure time of any particular flight, the Contact Person fails to respond to a call from MAI within 30 minutes (or shorter if the circumstances so require) MAI is hereby authorized to make such decisions on behalf of Charterer as are necessary for the safe and successful completion of the flights to be flown hereunder, and Charterer hereby expressly ratifies all such decisions and agrees to hold MAI harmless from and against any loss, cost or expense paid or incurred by Charterer as a result of any such decision made by MAI. Charterer shall provide to MAI, in respect of the Contact Person, his name, telephone numbers, pager numbers, telefax number and E -Mail and US mail addresses. I. Compliance with Charter Regulations. (i) All Charters. Charterer and its agents, passengers and contractors shall be deemed to have notice of, and shall comply in all respects with, Parts 208, 212, 372, 380 and 399 of the regulations and policy statements issued by DOT, 14 C.F.R. Parts 208, 212, 372, 380 and 399, and all other applicable laws, rules, and regulations promulgated by the DOT (hereinafter collectively "Charter Regulations "). To the extent applicable, the Charter Regulations shall govern the relations between the parties notwithstanding any provisions of this contract. Charterer acknowledges it has in its possession a copy of the Charter Regulations in effect the date hereof. In the event that Charterer or any passenger or prospective passenger on any Flight has failed to observe such Charter Regulations, MAI shall have the power and right at its sole option, to cancel the flight or to refuse to board any of the passengers or prospective passengers for such Flight without any liability or penalty against MAI of any kind. The Charterer shall cooperate and shall cause any travel agent, tour operator, or other principal or agent involved with the charter to provide any information or certification required by the Department of Transportation in connection with the Flight. (ii) Public Charters or Cruise Line Waivers. If the flights to be flown under the terms of This Agreement are "public charters" or are being operated pursuant to a "cruise line waiver ", as such terms are defined by the DOT, Charterer agrees to make all filings with the DOT required by Part 380 at its sole expense. If MAI is mentioned in its advertising, the Charterer specifically agrees to comply with 49 U.S.C. & 41712 and the Charter Regulations implementing that statutory prohibition against unfair or deceptive practices or unfair methods of competition in air transportation. Charterer shall be solely responsible for determining whether its program is a Public Charter and agrees to indemnify and hold MAI harmless from and against any loss, cost or expensive paid or incurred by MAI as a result of charterer's failure to comply with the requirements imposed on Public Charters. Charterer shall also cooperate in MAI "S efforts to verify compliance with DOT filing requirements and security arrangements under the Charter Regulations. Upon request, Charterer shall provide MAI with any other reasonable evidence of compliance with the Charter Regulations (iii) Single Entity, Mixed, or Pro Rata Charter. When a Flight is to be performed as an "affinity" or "pro rata" charter, the Charterer shall provide to MAI no later than the date of departure a certification pursuant to Section 212.5(f) of the Charter Regulations from an authorized Accepted fo Charterer: Accepted for MAI: Initials: Initials: Date: 2 3 Date: Miami Air International Contract No. M1639.08.3 -6- DATE: December 8, 2008 representative of the chartering organization that all passengers are eligible for transportation under the eligibility criteria of that section. When a Flight is to be performed as a "single entity" charter, Charterer represents and warrants to MAI that it shall pay the total consideration due to MAI in respect of such flights, and that the passengers have not and shall not contribute, directly or indirectly, to the costs incurred by Charterer hereunder. Upon request, Charter shall provide MAI with any other reasonable evidence of compliance with the Charter Regulations. (iv) Gambling Junket Charter. When a Flight is to be performed as a "gambling junket charter," Charterer specifically certifies that the charter meets the criteria established by Section 212.6 of the Charter Regulations. (v) Overseas Military Personnel Charters. When a Flight is to be performed as an "overseas military personnel charter," the Charterer specifically certifies that the charter will comply with the requirements of Part 372 of the Charter Regulations. J. Baggage and Cargo: (i) Baggage Checks. MAI shall issue and deliver to each passenger its standard applicable form of baggage check for use and placement on each item of baggage to be accepted by MAI from such participant at check -in for transportation on the Flight. (ii) Acceptable Baggage. MAI will accept for transportation as baggage such personal property as is necessary or appropriate for the wear, use, or convenience of the passenger for the purpose of the trip, subject to the following conditions: (a) MAI may refuse to transport or may remove at any point any baggage which the passenger refuses to allow MAI to examine upon request. (b) MAI will accept one checked suitcase not to exceed 60" in overall length, width and height. (c) MAI will accept additional baggage (normally one suitcase not to exceed 55" in overall length, width and height for every two passengers) in its discretion in light of operational considerations. (d) All payload (passengers and baggage) will be subject to structural and performance limits of the aircraft. Charterer will be advised when additional payload restrictions may be required in order to provide nonstop service or when additional baggage may be permitted to the extent that the passenger and baggage total are lower than the maximum permitted. (e) Acceptability of carry-on luggage for storage in the bin is dependent on the weight and size of the item in the sole discretion of MAI. Carry-on property that cannot be stored under the seat (8" x 13" x 22 ") will be taken and placed into the baggage bin at the passenger's risk, subject to the previously stated limitations on checked baggage. (iii) Restricted Baggage. MAI may refuse to accept the following articles for transportation unless advance written arrangements acceptable to MAI in its sole discretion have been made ( "Restricted Baggage "): (a) assembled firearms or ammunition, (b) any other articles which cause annoyance to passengers or which cannot be carried in the baggage or cargo compartments of the aircraft, (c) any liquids, as baggage or otherwise, or any other articles not suitably packed for transportation in the aircraft, (d) hazardous materials (see below), (e) perishable or fragile items (including electronic, musical, ornamental, artistic, photographic, recreational, sporting and mechanical items, items made of or bottled in glass, items made of paper and liquids) unless they are appropriately packaged in an original factory sealed carton, cardboard mailing tube or container or case designed for shipping such items or packed with protective internal material. Any Restricted Baggage accepted by MAI shall be at Charterer's sole risk. Charterer hereby agrees to indemnify and hold MAI harmless from and against any loss, cost or expense paid or incurred by MAI or any other person and resulting from MAI's carriage of Restricted Baggage (even if such loss, cost or expense is a result of MAI's negligence), unless such loss, cost or expense is caused by the gross negligence or willful misconduct of MAI. Accepted fol Charterer: Initials: 20, Date: ��7 Ih9 Accepted for MAI: Initials: Date: Miami Air International Contract No. M1639.08.3 -7- DATE: December 8, 2008 (iv) Hazardous Materials. MAI shall not be required to carry any item which is deemed to be a hazardous material, as such term is defined in 49 CFR Subtitle B, Chapter I, Subchapter C (Hazardous Materials Regulations, Carriage by Aircraft), except for those items permitted by 49 C.F.R. 175.10 and MAI's operations manual. 5. Limitation of Liability. A. Force Majeure. If MAI or the Charterer is rendered unable, wholly or in part, by Force Majeure to carry out its obligations under this Agreement, other than the obligations to make money payments, such party as is prevented from performing shall be entitled to cancel, with such notice to the other party as is reasonable under the circumstances, any and all flights affected by such Force Majeure without being subject to or responsible for any penalties or damages for such cancellation (the "Canceling Party"). Furthermore, the obligations of Canceling Party, so far as they are affected by the Force Majeure, shall be suspended during the continuance of the Force Majeure. The Canceling Party shall give the other party such notice as is reasonable under the circumstances of the nonperformance and shall use commercially reasonable efforts to remove the Force Majeure with all reasonable dispatch but shall not be required to settle strikes, lockout, or other labor difficulty contrary to its wishes and in its sole discretion. The term "Force Majeure" shall mean any event which is not reasonably within the control of the parties hereto which would prevent such party from fulfilling its obligation under this Agreement, including but not limited to acts of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, governmental restraint, and any otherwise. MAI shall not be liable for loss, injury, damage or delay to or suffered by the Charterer or any passengers from landing at an airport at a destination other than contracted, failure to stop at any contracted intermediate airport, any Flight interruption, delay or cancellation caused by mechanical difficulties caused by foreign object damage, riots, wars, civil commotion, strikes, labor disputes, weather conditions, acts of God, public enemies, quarantine, the absences of any necessary governmental approvals, or any other cause (whether of the same or different nature) beyond MAI control. In the event any of the foregoing shall occur, MAI shall have the right to cancel all or parts of this Agreement and the charges stated herein shall apply only to services actually performed by MAI. B. Limitation of Liability for Personal Injury or Death on International Flights. (a) Miami Air International, Inc. agrees in accordance with Article 22(1) of The Convention for the Unification of Certain Rules Relating to International Transportation by Air signed at Warsaw October 12, 1929, as amended by the Protocol signed at the Hague on 28 September 1955, and the Protocol No. 4 signed at Montreal on September 25, 1975 (the Convention) that as to all international carriage or transportation hereunder as defined in the Convention: (b) Miami Air International, Inc. shall not invoke the limitation in Article 22(1) of the Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Convention. (c) Miami Air International, Inc. shall not avail itself of any defense under Article 20(1) of the Convention with respect to that portion of such claim which does not exceed 100,000 SDRs (special drawing rights) (d) Except as otherwise provided in subparagraphs "a" and "b" hereof, Miami Air International, Inc. reserves all defenses available under the Convention to such claims. With respect to third parties, Miami Air International, Inc. reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity. (e) Miami Air International, Inc. agrees that subject to applicable law recoverable compensatory damages for such claims may be determined by reference to the law of the domicile or permanent residence of the passenger. Accepted for Charterer: Accepted for MAI: — Initials: Initials: A Da: Date: /2/231e-)5i Miami Air International Contract No. M1639.08.3 -8- DATE: December 8, 2008 (f) Charterer shall cooperate with the Carrier to assure that, at the time the passenger is given his ticket or other documentary equivalent thereto, there shall be furnished to each passenger whose transportation is governed by the foregoing, the following notice in or on the ticket envelope: "ADVICE TO INTERNATIONAL PASSENGERS ON CARRIER LIABILITY" "Passengers on a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that a treaty known as the Warsaw Convention may apply to the entire journey, including any portion thereof entirely within a country. For such passengers, the Warsaw Convention, including special contracts of carriage embodied in applicable tariffs, govern the liability of the Carrier for death of or injury to passengers. The names of carrier parties to such special contracts are available at all ticket offices of such carriers and may be examined upon request.* *As a charter carrier, Miami Air is not required to file formal tariffs. See U.S. Department of Transportation Dockets OST -95 -232 and OST -96 -1607 for further information." C. Baggage Liability. Under said Convention, MAI's liability for loss, delay or damage to baggage is limited as follows unless a higher value is declared and an extra charge is paid: (1) for travel wholly between points in the United States to $2,500 per passenger and (2) for those in international travel (including domestic portions thereof) to $9.07 per pound ($20.00 per kilo) of checked baggage and $400 per passenger for unchecked baggage. In any event, MAI will not accept a declared value on baggage in excess of $500,000 per plane load unless advance authorization from MAI has been obtained. MAI shall be held harmless from any liability for loss, damage, or delay of baggage or its contents except that stated expressly herein above. MAI will not be responsible for baggage interlined by another carrier. D. Consequential Damages. Notwithstanding anything to the contrary herein provided, MAI shall not be liable or responsible for any consequential damages (including lost profits) which may be realized by Charterer or any of its affiliates, their respective directors, employees, and agents, or any passenger on any Flight operated pursuant to the terms of this Agreement. 6. Miscellaneous Amendment and Waiver - This Agreement may be amended or modified at any time and in all respects by an instrument in writing executed by MAI and Charterer. B. Notice - Notice under this Agreement will be delivered in person or mailed by certified mail as follows: (1) If to MAI: If by Mail: Miami Air International, Inc. P.O. Box 660880 Miami Springs, Florida 33266 -0880 Attn.: Vice President of Sales If by courier: Miami Air International, Inc. 5000 NW 36th Street, Suite 307 Miami, Florida 33122 Attn.: Vice President of Sales Charterer acknowledges that it is aware that the United States Postal Service ( "Postal Service ") does not deliver mail to the street address indicated above for courier delivery, and that the Postal Service will only deliver mail to MAI at the post office box indicated above. Charterer agrees that all written communications which are Accepted fob, Cjarterer: Accepted for MAI: Initials: L4 Initials: Date: 42=bY Date: 117 I Miami Air International Contract No. Ml 63 9.08.3 -9- DATE: December 8, 2008 intended to be delivered to MAI by the Postal Service shall be addressed exclusively to the Post Office Box indicated above. Charterer agrees to indemnify and hold MAI harmless from and against any loss, cost or expense paid or incurred by MAI as the result of any attempt to deliver a communication to MAI at the street address by the Postal Service. (2) If to Charterer: To the Address set forth in the cover sheet The parties may change their addresses for notices by giving not less than 15 days prior written notice of such change to the other party. C. Entire Agreement. The foregoing constitutes the entire agreement and understanding of the parties on the subject hereof and supersedes all prior agreements and understandings relating to the subject matter hereof.. D. Choice of Law and Jurisdiction. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Florida, without reference to its conflict of law rules. The parties consent and agree to submit to the exclusive jurisdiction of the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, and the U.S. District Court, Southern District of Florida, and further agree that venue in Dade County, Florida shall be proper. E. Execution by and Communication with Brokers. If this Agreement is executed by a broker or agent (the "Broker ") for and on behalf of the Charterer, Broker represents and warrants to MAI that (i) it is duly authorized to execute and deliver this Agreement for and on behalf of Charterer and (ii) it is duly authorized to deliver and receive for and on behalf of Charterer any and all communications and notices between MAI and Charterer concerning the subject matter of this Agreement. Broker agrees to indemnify and hold Charterer harmless from and against any loss, cost or expense (including reasonable attorneys' fees) paid or incurred by MAI arising from or relating to any act or omission of MAI relating to the subject matter of this Agreement done or omitted at the request of Broker. Further, and in addition to any other remedy which may be available to MAI, if any representation by Broker in this paragraph E shall be deemed at any time to be inaccurate, Broker (and any person signing on behalf of Broker) shall be personally responsible for the fulfillment of all of Charterer's obligations hereunder. F. Attorneys' Fees. If any action is brought at law, in equity or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees actually incurred, whether in arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled. Accepted for Charterer: Accepted for MAI: Initials: Initials: Date: � Date: Miami Air International Contract No. Ml 63 9.08.3 APPENDIX TO CHARTER CONTRACT -10- DATE: December 8, 2008 STANDARD INSTRUCTIONS FOR WIRE TRANSFER IN THE EVENT THAT YOU WISH TO WIRE PAYMENTS DIRECTLY TO THE ESCROW ACCOUNT, THE FOLLOWING INSTRUCTIONS WILL FACILITATE THIS PROCESS. ADHERENCE TO THIS FORMAT WILL ASSIST IN THE PROPER PROCESSING OF THESE FUNDS. REMITTER OF FUNDS SHOULD INSTRUCT THEIR BANK TO WIRE IN IMMEDIATELY AVAILABLE FUNDS, WITHOUT RIGHT OF OFFSET OR DEDUCTION, TO: BANK OF AMERICA 100 West 33rd Street New York, N.Y. ABA #: 026009593 REFERENCE: IM MIAMI AIR INTERNATIONAL, INC. — CUSTOMER ACCOUNT ACCOUNT #: 000180019810 CREDIT TO: ACCT #: 06 -06- 008 - 0505115 ATTENTION: SETTLEMENTS BNF REF: Contract # (Insert Contract Number here, i.e., Mxxxx.xx.xx) Miami Air does not accept ACH transfers. IT IS IMPERATIVE THAT YOU ENTER THE CONTRACT NUMBER IN THE REFERENCE BENEFICIARY FIELD FOR IT TO BE APPLIED CORRECTLY. Accepted for Charterer: Accepted for MAI: Initials:_ Initials: Date: `�,/23�� Date: RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the current RFP for Auctioneer Services for Brazos County, at the same prices and in accordance with all terms and conditions agreed to and accepted as part of RFP 2007 -044R. The new RFP Number will be 2008 -042R. I understand that RFP 2008 -042R will be in effect from December 31, 2008 through December 30, 2009. SWICO AUCTI NEER SERVICES im Swigert BRAZOSCOUNTY e,9 e;o Date Date