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HomeMy WebLinkAbout2009-09-22-9:00AM-REGULAR s P 3u oz yo ^~P IS ;'.(".CIS BRAZOS COUNTY ~'yw h BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 22 SEPTEMBER 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 18: 3. Budget Amendment 08/09 - 51.1 thru 51.9. 4. Personnel Change of Status. 5. Payment of Claims. 6. Resolution 09-014 for the 2010 Indigent Defense Grant Program. 7. Contracts with the following facilities for residential service of juvenile offenders; term of each contract is 9/01/2009 through 8/31/2010: a. 4M Granbury (long-term) b. 4M Granbury (short term) c. Hays County d. Cameron County (residential) e. Cameron County (short-term) Office of the County Judge • 200 South Texas Ave. Suite 332 • Bryan, Texas 77803 Fax: (979) 361-4503 197 Commissioners Court Agenda 22 September 2009 Page 2 8. Two-year renewal of the District Clerk's depository contract with Compass Bank; term of this renewal is 6/01/2009 through 5/31/2010. 9. Out of state travel request from the Sheriff's Office for Investigator Sean McCarroll to attend the National Joint Terrorism Task Force Conference in Orlando, FL. Dates of travel are 9/28/09 through 10/02/09. 10. Request from the Sheriffs Office for permission to roll $6,294.24 from their FY09 budget to their FY10 budget to cover two purchase orders (#0900317 and #09003149) for which the items ordered have not yet been received. 11. Proposed County holiday schedule for 2010. 12. Commissioners Court minutes for the following 2009 dates: a. 3-7 August Workshop Session e. 18 August Workshop Session b. 4 August Regular Meeting f. 21 August Special Meeting c. 11 August Regular Meeting g. 25 August Regular Meeting d. 18 August Regular Meeting 13. Tax Refund Applications for the following: a. Charles M. & Suzanne Moreau h. Smith Fine Homes b. CMH Homes, Inc. i. Lillie Mae Taplin c. Robin E. Kinney j. Premier Amusements, Inc. d. Delores Hawkins k. AJ's Mobile Home e. Carrie M. Tetrault 1. Ernesto Espino Colunga f Danny R. Smart, MD in. Byte Me Computers g. Vicente Villeda 14. Permission to award RFP 2009-19, expansion of the Brazos County Exposition Center, to Collier Construction. 15. Exemption from competitive bidding for the following vendors for Fiscal Year 2010: a. A First Services Co. b. A-I Wrecker c. Absolute Environment Services d. Acme Glass Co. e. Action Sports f. Advanced Auto Repairs g. AG Solarguard, Inc. h. Aggieland Auto Tent i. Aggieland Automotive / College Station j. Aggieland Tire & Repair k. Alex Quires, LPC 1. Alliance Transportation Group in. American Trailer Sales & Rentals n. Amy Brown, LCDC lay 199 Commissioners Court Agenda 22 September 2009 Page 3 o. Andy's p. Anna Satterfield, Ph.D. q. Antonio Cepeda-Benito, Ph.D. r. Associates for Applied Psychology / Brian Stagner, Ph.D. S. Atmos Energy t. Austin Environmental, Inc. U. Automation Displays, Inc. V. B&B Automotive W. B I Inc. X. BVCASA y. Ben Sanford & Associates Z. Berkel & Company Contractors, Inc. aa. Best Access System bb. Brad Kerr Surveying cc. Brazos Abuse Intervention Program / Vernon Van Rooty, LPC dd. Brooks Land Survey Co. cc. Brazos Lung - Medical ff. Brazos Valley Pickups Plus, Inc. gg. Brazos Valley Welding Supply, Inc. hh. Briggs Equipment ii. Bruchez, Goss, Meronoff, Thornton & Hawthorne J. Bryan Alternator, Inc. kk. Bryan Freightliner 11. Bryan Marine, Inc. mm. Bryan Outboard, Inc. on. Bryan Radiology oo. Bryan Signs, Inc. pp. Bryan Texas Utilities qq. Brushy Water Supply Corp. rr. Bryan Varsity Ford ss. Bryan Welding & Ornamental tt. Bryan 800 Communications, Inc. uu. Buchanan Soil Mechanics vv. Buddy's Appliance ww. CME Testing & Engineering xx. C&F Tire Service yy. C. Moore, Inc. zz. CSC Engineering & Environmental Consultant aaa. Carlomagno Surveying, Inc. bbb. Dr. Charles Williams ccc. Cindy Soltis, LCDC ddd. City of Bryan eee. City of College Station fff. City Paint & Body LLC ggg. Clark Equipment hhh. College Station Auto Parts, Inc. iii. Cooks Auto Parts, Inc. / Bryan jjj. Coufal - Prater Equipment, Ltd. aM1 Commissioners Court Agenda 22 September 2009 Page 4 kkk. Dallas Dodge, Inc. 111. David's Autoglass mmm. Dean Auto Parts mm. Decatur Electronics, Inc. 000. Dent-Magic Enterprises, Inc. ppp. Dentrust Dental Texas, PC qqq. Dept. of Education Psychology / Dave Lawson, Ph.D. rrr. Dept. of Psychology / Doug Snyder, Ph.D. sss. Discount Tire Co. of Texas ttt. Distributors Operations, Inc. uuu. Dixie Tire, Inc. vvv. Douglass Nissan www. Druery Tire Repair xxx. Duke Automotive yyy. Family Psychological Service zzz. Fast Signs aaaa. Franks Electric Motors bbbb. G.T. Distributors, Inc. cccc. Gaas Refrigeration dddd. Galls, Inc. eeee. Garrett Engineering ffff. George's Paint & Body LLC gggg. Goodwin Lasiter, Inc. hhhh. Goodyear Auto Service Center, Inc. iiii. Gooseneck Trailer Manufacturer jjjj. Grays Wholesale Tire Distributor, inc. kkkk. Greenway Constructors, Inc. / Stephen P. Byme, FAIC, MCIOB, CPC 1111. Griffin Locksmith & Hardware mmrmn. Gulf Coast Trades Center mum. Halt Control - Responsibility / Roy Luepnitz, Ph.D. 0000. Henley's Paint & Body pppp. Hightower Auto Glass qqqq. Hi-Way Equipment rrrr. Hogan's Truck Equipment - International ssss. Hot Pursuit tttt. Hunton Trane Services uuuu. Idexx Laboratories vvvv. Ike's Small Engine LLC wwww. Ikon / Texas Copy xxxx. Indigent Health Care Program yyyy. Ingram, Wallis & Co, P.C. zzzz. Interstate Batteries aaaaa. J M Trailors LLC bbbbb. J. P. Bowlin ccccc. J&S Body Shop ddddd. Jack Winslow Body Shop, Inc. eeeee. Jim Singleton Architect fffff. John Hamilton ►as 19t~ Commissioners Court Agenda 22 September 2009 Page 5 ggggg. John's Transmission hhhhh. KB & KB Enterprises, Inc. iiiii. K. W. Brown & Associates jjjjj. Kalinec Towing Co., Inc. kkkkk. Kauffman Tire, Inc. 11111. Kennedy - Holtkamp, Inc. mmmmm. Kling Engineering nnnnn. Kustom Signal, Inc. 00000. Kwik Kar ppppp. Larry West ggqqq. Laser Technology, Inc. rrrrr. Leah Montgomery sssss. Leonard Crowley, LCDC. ttttt. Life Sign LLP uuuuu. Lithia-Chrysler, Jeep, Dodge vvvvv. Loflin Environmental wwwww. Lutheran Social Services xxxxx. Maaco yyyyy. Dr. Mahesh Dave zzzzz. Mansel's Wheel Alignment aaaaaa. Microview Systems bbbbbb. Milliman Consultants and Actuaries cccccc. Midwest Radar & Equipment dddddd. Mobile Vision eeeeee. Municipal Development Group fthfff. Mustang Tractor gggggg. Napa Auto Parts hhhhhh. Navor "Sonny" Casares, LCDC iiiiii. Normangee Tractor jjjjjj. OSR Water Supply Corp. kkkkkk. Oliver Brothers Transmission 111111. Olympic Automotives mmmmmm. Pam Perlitz, LPC, LCDC, LMFT nnnnmr. Pat Hicks, LCDC 000000. Patterson Architects pppppp. Phil Thweat qqqqqq. Pickups Plus rrrrrr. Pilger Tires sssss. Pledger Kalcomey, Inc. tttttt. Portia Smith uuuuuu. Public Financial Management (PFM) vvvvvv. Quest Diagnostic wwwwww. Quicker Sticker, Inc. xxxxxx. R. B. Everett yyyyyy. Randal Stasky Sticker Plus zzzzzz. Dr. Raney Charian aaaaaaa. Raybon Metcalf Engineering bbbbbbb. Richard Davis, LCDC 05 191 Commissioners Court Agenda 22 September 2009 Page 6 ccccecc. Riley Engineering ddddddd. Robertson Engineering eeeeeee. Rodriguez Wheel Alignment fffffff. Ruth Helpert-Nunez, LCSW, LMFT 9999999. S. M. Hodge Co. hhhhhhh. S. T. Lovett & Associates iiiiiii. Safelite jjjjjjj. Sanofi Pasteur kkkkkkk. Scott & White Clinics 1111111. Shammy Car Wash mmmmmmm. Shirley Kostohryz immu n. Siegert Radiator Shop 0000000. Signs Now ppppppp. Specialty Engineering qqqqqqq. Steephollow Forge Works rrrrrrr. Stericycle sssssss. Sterling GMC ttttttt. Stewart Stevenson uuuuuuu. Still Creek Ranch vvvvvvv. Strong Survey wwwwwww. Strouhal Tire, Inc. xxxxxxx. T. K. Sales yyyyyyy. Tennant zzzzzzz. Terracon Consultants aaaaaaaa. Texas A&M Department of Psychology bbbbbbbb. Texas Avenue Medical Clinic cecccccc. Texas Commercial Waste dddddddd. Texas Communications of Bryan, Inc. eeeeeeee. Texas Voting Systems ffffffff The Counseling Center / Ms. Tammera Brown, LPC 99999999. Dr. Thomas Huber hhhhhhhh. Thomson West iiiiiiii. Tiburon, Inc. iiiiijj. Tom Light Chevrolet kkkkkkkk. Tracy Thomas 11111111. Unisys mmmmmmmm. United Roofing nnnnnnnn. Varsity Ford, Lincoln, Mercury, Inc. 00000000. Verizon pppppppp. Waste Systems Equipment, Inc. ggqqqqqq. We Rent It nrrmr. Wellborn Water Supply ssssssss. Wharry Engineering tttttttt. Wickson Creerk S.U.D. uuuuuuuu. Wingfoot Commercial Tire Systems, Inc. vvvvvvvv. Winstead, Sechrest, and Minick, P.C. wwwwwwww. Wylie and Son J- ~d5~ ti ►9,. Commissioners Court Agenda 22 September 2009 Page 7 16. Permission to enter John McKinney's property located off Wickson Lake Road for the purpose of removing silted material from the drainage channel for the health, safety and welfare of the general public. Site is located in Precinct 2. 17. Payment Authorization in the amount of $172.66 to Carson Automotive for brake repairs to a county vehicle in the District Attorney's Office; a purchase order was not obtained in advance. 18. Request from the Brazos County Historical Commission for permission to pay a 2009 invoice to Newman Printing Co. in the amount of $1073.00 as follows: $ 901.30 from their FY09 budget 171.70 from their FY 10 budget 19. Announcement of interest items and possible future agenda topics. 20. Call for citizen input and/or concerns. 21. Agency/ Board/ Committee reports by Court members. 22. Adjourn Commissioners Court Agenda 22 September 2009 Page 8 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized - under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 3614102. A015 J q4 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 22, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, September 22, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #08/09-51.1 through 51.9 that would reallocate funds for County Records Management Fund, Road & Bridge, County Court at Law #1, General Capital Improvement Fund, Justice of the Peace, Precinct 2, Place 1, Brazos Center, Sheriff's Office: Jail Vol ) a!5 Page 19 Commissioners Court meeting September 22, 2009 2 Division, Justice of the Peace, Precinct 4, Purchasing Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy each amendment 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 Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7066324 through 7066550 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of Resolution 09-015 for the 2010 Indigent Defense Grant Program. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to adopt the resolution designate the County Judge as the Authorized official to apply for, accept, decline, modify, or cancel the grant application, the Program Director and contact person and designating the Vol r~ 5 Page M Commissioners Court meeting September 22, 2009 3 County Auditor as the Financial Officer for the grant. A copy is attached. The Court next considered contracts with the following facilities for residential service of juvenile offenders: a. 4M Granbury Youth Services(long term) Moderate Level $100 per child Specialized Level $130 per child Intensive Level $225 per child b. 4M Granbury Youth Services (short term) Daily Rate $95 per child Psychiatric Services Initial evaluation $200 per child Follow up $100 per exam c. Hays County Space Utilized $ 95 per child Boot Camp $100 per child Intensive Level $127 per child d. Cameron County (residential) Residential Services $ 95 per child e. Cameron County (short term) Residential Services $ 95 per child on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contracts and authorized the County Judge to execute the documents. A copy of each is attached. The next matter before the Court was consideration of a request from the District Clerk for a two year extension of Vol 1 ~5 Page Ica`) Commissioners Court meeting September 22, 2009 4 the current depository contract with Compass Bank. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the two year extension of the current contract with Compass Bank from June 1, 2009 through May 31, 2011. A copy is attached. The Court next considered a request submitted by the Sheriff seeking approval for out of state travel for Investigator Sean McCarroll to travel to Orlando Florida September 28 through October 2, 2009 to attend the National Joint Terrorism Task Force Conference. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Sheriff and approved payment of out of state travel expense for Sean McCarroll. The next matter before the Court was consideration of a request from the Sheriff's Office for permission to roll $6,294.24 from their FY 09 budget to their FY 10 budget to cover two purchase orders for which the items ordered have yet to be received. Commissioner Cauley moved to approve. Commissioner Mallard seconded the motion. Irene Jett, Budget Officer said it was too late. The Budget was approved yesterday. Commissioners Cauley and Mallard rescinded their motion and second. Then on motion by Commissioner Cauley, Vol I &S Page 199 Commissioners Court meeting September 22, 2009 5 seconded by Commissioner Mallard, the Court voted unanimously to remove this from the agenda. The County Auditor can set it up as an accounts payable out of the FY 2009 Budget. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court proceeded to set the holidays to be observed by Brazos County for 2010: January 1, 2010 New Year January 18, Martin Luther King Birthday April 2, Good Friday May 31, Memorial Day July 2, Independence Day September 6, Labor Day November 25 & 26 Thanksgiving December 22-24 Christmas One (1) Floating Holiday The Court next considered approval of the minutes of the Commissioners' Court meetings held in August 2009 on the following dates: Regular Meetings - 4th 11th 18th 25th Workshop Session - 3rd - 7th 18th On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Charles M. & Suzanne Moreau, over payment $29.62 b. CMH Homes, Inc., over payment $10.16 Vol I d5 Page j R 9 Commissioners Court meeting September 22, 2009 6 c. Robin E. Kinney, over payment $200.00 d. Delores Hawkins, over payment $13.16 e. Carrie M. Tetrault, over payment $5.64 f. Danny R. Smart, MD, over payment $31.72 g. Vicente Villeda, over payment $23.68 h. Smith Fine Homes, over payment $ 25.04 i. Lillie Mae Taplin, over payment $52.47 j. Premier Amusements, Inc., over payment $61.04 k. AJ's Mobile Home, over payment $16.67 1. Ernesto Espino Colunga, over payment $7.50 m. Byte Me Computers, over payment $200.00 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding RFP No. 2009-19, Expansion of Exposition Complex, Phase II. Pat Howard, Purchasing Agent, recommended acceptance of the RFP submitted by Collier Construction as the contractor to build the expansion of the expo complex. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Collier Construction contingent on the sale of Certificates of Obligation. A copy of the bid tabulation is attached. The next matter before the Court was consideration of the exemption from competitive bidding for vendors for Fiscal Year 2010. On motion by Commissioner Wassermann, seconded by Vol a5 Page a00 Commissioners Court meeting September 22, 2009 7 Commissioner Peters, the Court voted unanimously to approve the attached list of vendors. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of John McKinney on Wickson Lake Road to remove silted material from a drainage channel. The site is located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of a payment authorization from the District Attorney's office in the amount of $172.66 to Carson Automotive. No purchase order was obtained in advance. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a request from the Brazos County Historical Commission for permission to pay a 2009 invoice to Newman Printing Co. in the amount of $1,073.00 with $901.30 coming out of the FY09 budget and $171.70 coming out of the FY10 budget. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove Vol 1015 Page a0 l Commissioners Court meeting September 22, 2009 8 this item from the agenda. Only the $901.30 will be paid from FY09 funds. There were no announcements of interest items and possible future agenda topics the following spoke: There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) They discussed "Safety City" at the IGC meeting yesterday. There being no further business to come before the Court, the meeting was adjourned. Vol i a5 Page a6 c)- The foregoing minutes of the Commissioners Court meeting held September 22, 2009 have been examined and are approved in open Court this the 5~0 +L" day of (~pbgr 2009, in Bryan, Brazos C unty, Texas. vL~- Randy SiPY6 Lloyd Wassermann County udge Commissioner, Precinct 1 Duane Peters Kenny Malla~ Commissioner, Precinct 2 Commissioner, Precinct 3 rma au ey Commissioner, e inct 4 Attest: Karen McQueen County Clerk Vol lay Page -503 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 @ I ' Do Name Organization l Department vf}nJCr= ~ `c~ a Liar A ✓o 1 4 C U wJ Aeo\ t PAGE of e?- v BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 Name Organization / Department C L, I Izs~ C ~ . AAA?o PAGE of fay ~LL dos BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 51.1 thru 51.9 On this the 22"d day of September 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22 September 2009 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 22"d day of September 2009. THE COMMISSIONERS C hT OF BRAZOS COUNTY, TEXAS. By: s Randy Sims ounty Ju ge Original: Co my Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes has a©~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 51.1 9/2212009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 50000100 61801000 ---ER Travel 704.00 0100 50000100 65310000 DR Equipment - Repairs/Maintenance 704.00 County Records Management Fund To reallocate funds to allow for the repair of a time clock damaged due to a power surge. ~Departmerit?'Approva ~~.~-~`a~.^'Date ~ Prepared By Jt Date s'-x 9/1 712 0 0 9£ Count ~Jud et royal ' _ { 'Date' gas a o'7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 51.2 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 67287000 CR Equipment - Radios 3,521.20 0100 56001000 60500000 DR Office Equipment 3,521.20 Road & Bridge To reallocate funds for radios purchased into the correct account. .;„s e Cr.: ~ .•eanr is xz: - s,~._.,~ -.a...at..,. "De`artment~A roval`~"~"""+h, ~ ~F~;;wDate~ ~ ~~r,t~ ` Bye f Prepared i 3e-7~ r'..v.,'.. a Approva_e~ ter ~p Countyr lud . a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 51.3 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000100 61490000 CR Petit Jury Expense 30.83 0100 23000100 65200000 DR Copier Maintenance 30.83 County Court at Law 91: Matzke To reallocate funds for radios purchased into the correct account. a ta°'. Y$.na, #eM"^~~ '3'.Fa eNak Y'3~f~tC Mr".!+"` a 2 PRfepared.BY ' L,.=, J Date M~' 9117!2009$ _ ME 017"~ "r F10"I P S'tY { tCounty"~J.ui9e w_pp[oval~~.~,*..>w~'s5~~'£ „'-'Dade „v BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 51.4 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 60360000 CR Furntiure 607.75 4500 63000500 67342000 DR Fumtiure 607.75 General capital Improvement Fund To move funds to the correct account. Furniture was purchased for the District Attorney's office that was over $500 which should be coded to the "67" series of accounts. rao-'^F...~.k'~-`i tx~., .X+. ,--itt.. t%.a,~ ~'~.:~x. --~w~•..cm~~'';~SP. tv..~~ h. ^z.~.u ~.-S`3-y Qe 'artment$A rov t M ;Date ` ti Pie ared~B ~ ~ rf ; KP. 50 Date~slt7/2009^ ....slats s. "tee y ar sn s=~r r ;s ,eaxx .,s K r s -usa `y&' ^ TS 1"'w't., „y+1tS 4 r ,~.a{an..'. _ n: S..P. s -a' ~f ~ ',°•{d Q r CountyJuclge _ `proval" f_ Date "%I, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 51.5 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 N201 100 67050000 CR Appliances 607.75 0100 24201100 60500000 DR Office Equipment 607.75 Justice of the Peace, Pct. 2.1: Lara-Hooge To reallocate funds to the correct accode number. r. `u r*xl u4 xlS`-mT` xwa3`r zm ''Y "~`7` :r°7 §x ? tzzv*"k' De artmerit A roval3 ;;Date Prepar? , i Date 9117/20D9 Co ntar Judge praval~ '4 Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 51.6 9122/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 9,600.00 0100 36500100 61880000 DR Utilities 9,600.00 Brazos Center To reallocate funds to be used to fund additional utility expense to complete the fiscal year. The original budget is $74,000 year to date expenditures are $72,693.41. This to fund some August and the September utility expenses. ° trt S~k€a^ qt T I, >e'k.s3 s: F ink "fir h:~ r^➢ SY M- 9~ W ,,.tl }~N 1. MSI .ef Piepa er By 'ifl± Date.,tsi~~noos -5 RRAW97M 7,--' County lud9e :PProual y?v" ;Date &T~a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 51.7 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME increase Decrease 0100 28002000 65550000 CR Radios Maintenance 12,500.00 0100 28002000 65350000 CR Gasoline 51000.00 0100 28002000 67286000 CR Equipment - Other 2,500.00 0100 28002000 60350000 DR Food and Food Supplements 20,000.00 Sheriff Office: Jail Division To reallocate funds for additional increase in food and food supplements needed in the Jail Division. ;De~Vartmenu,A roval ~ Date u r al 1?~epared sy ` ~ Ifl& st~~t2oos- ,D MV EM Goun Jud Koval ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 51.8 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24401100 61110000 CR Conference and Seminar Fees 5.00 0100 24401100 65450000 DR Office Equipment Maintenance 5.00 Justice of the Peace Pct. #4: Batchelor To realocate funds to allow for the payment of an outstanding bill for a service call to repair the fax machine. Will I WIT l19, De aitmentAppro~ xx_u~''Date l~ifE Prepared ByR 'AMY r~~-h.~e 3"~ w kv ~r"uh4.E~XrwAi Y+, `1+.-9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 51.9 9/22/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 16500100 71500000 CR Rental Equipment 500.00 0100 16500100 65310000 DR Equipment-Repairs/Maintenance 500.00 Purchasing Department To reallocate funds to allow for the repair of the fuel pump located at Road & Bridge. n•+'a, - +raa• .u1 " i }w^' a a.""~.P` "t a =9 x r' & ~..»y,_r a , f 'P'a n a" s 5ti' A < rf`" ar* r RE r De art em ntA `ro=~~ bate^s 00 ,P~;epared$By t Date X ~ - 7/200] "Y°"rs.'xN <"l ax .rn x Rr"s-.F m'" a• CountyJu` a Appr'oval~gn `.`Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 22, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To SO/Jail Walker, Richard New Hire Dylla, Matthew Budget Increase i Approved in Commissioners' Court: September ;22, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 2010 Brazos County Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this j _day of , 2009. dy Sims ounty Judge Attest: tI y C lerknternet Submission Form After submitting the formula grant application on-line, the following Internet submission confirmation number was received #___4 l O I at ~Y~ 1 D 2 . This grant application submissio was in a rdance with the Commissioners Court Resolution above. dy Sims ounty Judge Resolution 09-015 Cranbury Regional Juvenile Center Residential Services Agreement September 1, 2009-August 31, 2010 ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be Hood County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any provision contained in this Agreement shall for any reason be held 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 XXII PRIOR AGREEMENTS SUPERSEDED 22.01 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. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we affix our signature this c2a oa- day of 2009. Brazos ty Randy Sims ounty Judge Brazos County 4M Granbury Youth Services, Inc. Pro(b~ation Departm t v V' W Chief Juven' Probation Officer Ted Cooley Facility Administrator 11 Ids d 18 Granbury Regional Juvenile Center Residential Services Agreement September 1, 2009 - August 31, 2010 CONTRACT AND AGREEMENT FOR SECURE LONG-TERM RESIDENTIAL SERVICE OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF HOOD § 4M GRANBURY YOUTH SERVICES, INC dba GRANBURY REGIONAL JUVENILE JUSTICE CENTER Residential Services September 1 2009 - August 31, 2010 This Agreement is entered into by and between Brazos County, at the request of and on behalf of the Brazos County Juvenile Probation Department and 4M Cranbury Youth Services, Inc., dba Granbury Regional Juvenile Justice Center, a Texas for-profit corporation, licensed to provide child care services by the Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider, and is located at 1300 Crossland, Granbury, Texas 76048. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 2009 and ending August 31, 2010. ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: A. Basic B. Specialized C. Intensive The three level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Probation Commission. 1 Granbury Regional Juvenile Center Residential Services Agreement September 1, 2009 -August 31, 2010 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Juvenile Probation. B. Provide and document paraprofessional counseling, off-campus visits or furloughs, major incidents and worker contacts. Any and all associated with off-campus visits or furloughs will be paid by the parent or guardian. C. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation 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, every effort will be made to notify Juvenile Probation and 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. D. Provide to the Juvenile Probation Department 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 towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. E. 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 Treatment 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 controlling the child's objectionable behavior. F. Maintain copies of the original Individualized Program Plan and the periodic reviews. G. Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report. H. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contact, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. 1. Any and all medical/ psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s) , court ordered appointed . s P C~ aa Cranbury Regional Juvenile Center Residential Services Agreement September 1, 2009 -August 31, 2010 conservator or Juvenile Probation, to be paid by either Juvenile Probation, 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 completed their placement and not re-referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ~tvt_la5_>~J~cr Granbury Regional Juvenile Center Residential Services Agreement September 1, 2009 -August 31, 2010 ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of $100 per day for each child, admitted under "Moderate" Level of Care, $130 per day for each child admitted under "Specialized" Level of Care and $225 per day for each child admitted under "Intensive" Level of Care. The Levels of Care are defined by the Texas Juvenile Probation Commission. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Substance Abuse Program is recognized as a Specialized Treatment program and is reimbursable as such. The cost is based on the facility.Payment is due within 30 days of receipt of billing. Invoices shall be sent to: Brazos County Juvenile Probation, 1904 S. HW 21, Bryan, Texas 77803 with a copy to: Brazos County Auditor, 200 S. Texas Ave., Ste 218, Bryan, Texas 77803. 5.02 Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation will be paid for by Juvenile Probation at the rate of $200 per exam. Follow-up evaluations will be paid by Juvenile Probation at the rate of $100 per exam. 5.03 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. 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 with 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: to be attributed to specific clients if appropriate, date service was rendered, 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 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment') are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four (24) hours of its occurrence. 5.06 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): (a). Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. (b). If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The -4 Granbury Regional Juvenile Center Residential Services Agreement September 1, 2009 - August 31, 2010 accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.07 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.08 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.09 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. 5.10 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officer's of juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the juvenile Court of Brazos County. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the juvenile Probation Department of Brazos County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of juvenile Probation to provide for the transportation for the removal of the child. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the juvenile Probation Department that originally detained the child. 5 VOL.1~$ PAGE_ Cranbury Regional Juvenile Center Residential Services Agreement • September 1, 2009 - August 31, 2010 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of Brazos County pursuant to: (a) section 6.04 of this Agreement, (b) an Order of Release signed by the Judge of the juvenile Court of Brazos County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 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. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees 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 record 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 contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives 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 will keep a record of all services provided to juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor 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. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." 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 ,IV! 1~;5 ,rir.- aa~ ` ~ rid?w Granbury Regional Juvenile Center Residential Services Agreement September 1, 2009 - August 31, 2010 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 allegations 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 Hood County Sheriffs Office); B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, intems, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the 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. Gronbury Regional Juvenile Center Residential Services Agreement September 1, 2009 - August 31, 2010 ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIII DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT 13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of 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 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. C. Except to the extent thata party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, arid the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. 80 _'G C9 ;t ~q Granbury Regional Juvenile Center Residential Services Agreement _ September 1, 2009 - August 31, 2010 E. All notices required under this Agreement shall be in writing and sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. 4M Granbury Youth Services, Inc. Brazos County 1300 Crossland 1904 W SH 121 Granbury, Texas 76048 Bryan, Texas 77803-1217 F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If a court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIV TERMINATION 14.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either desires to terminate this contract, then the party may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Brazos County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Brazos County shall remove at its expense all children placed in the Facility on or before the termination date. ARTICLE XV WAVER OF SUBROGATION 15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ls"-_L' 5' P. ~ aa~ Granbury Regional Juvenile Center Residential Services Agreement September 1, 2009 -August 31, 2010 ARTICLE XVI INDEMNIFICATION 16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall have no obligation to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE WIT SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold 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 operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof; C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to juvenile Probation. Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hood County, Texas. Granbury Regional Juvenile Center Detention Services Agreement September 1, 2009 - August 31; 2010 i CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF HOOD § 4M GRANBURY YOUTH SERVICES, INC dba GRANBURY REGIONAL JUVENILE JUSTICE CENTER Detention Services September 1 2009 - Aug gust 31, 2010 This Agreement is entered into by and between Brazos County, at the request of and on behalf of the Brazos County Juvenile Probation Department and 4M Granbury Youth Services, Inc., dba Granbury Regional juvenile justice Center, a Texas for-profit corporation, licensed to provide child care services by the Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLEI PURPOSE 1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the juvenile justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status or in the post-dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at 1300 Crossland, Granbury, Texas 76048. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 2009 and ending August 31, 2010. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven davs a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, 1 Granburp Revional Juvenile Center Detention Services Agreement September I, 2009- August 3I, 2010 the Administrator of the facility is authorized to secure the Outside Treatment at the expense of the Brazos County. Brazos County agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Brazos County officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from Brazos County who are alleged to have engaged in delinquent conduct, indicating a need for supervision, as reflected in a Child in Need of. Supervision Order (CINS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re-admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. If a child is accepted by the Facility from Brazos County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or urunanageable or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Probation Department of Brazos County of this determination. The child shall immediately be removed from the Facility. It will be the responsibility of Brazos County to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin G. It is further understood and agreed by the parties that children placed in pre- adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Brazos County, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial detention hearing by the judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of the new Order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that should a child in pre- adjudication care not be removed as described above in paragraph (G), by 12:00 o'clock noon of the tenth (10) working day of an initial detention period, fifteenth working day if it is not, and a new Order authorizing continued detention has not been received at the Facility, an employee of Service Provider shall deliver the child to the Juvenile Court of the placing Brazos County for which there will be an additional charge of .54 (fifty-four) cents per mile. 2 VOL It35B r d30 Granbury Regional Juvenile Center Detention Sewices Agreement September 1, 2009 - AuRust 31, 2010 1. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Brazos County pursuant to: (a) paragraph E of this Agreement, (b) an Order of Release signed by the judge of the Juvenile Court of the placing Brazos County. J. Service Provider shall be in compliance with all Standards and requirements of the Texas Juvenile Probation Commission and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for the client, including awake staff during sleeping hours in a Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Probation Commission. Facility personnel administering the MAYSI-2 shall be properly trained, signn the warning page, and document time and date administered. The MAYSI-2 shall be promptly provided to the Juvenile Probation Officer of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with the needs and requirements of Special Education students. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit the placing Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.1.2. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of $95 per day for each child. The daily rate shall be paid to the Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation will be paid for by Juvenile Probation at the rate of $200 per exam. Follow-up evaluations will be paid by Juvenile Probation at the rate of $100 per exam. 4.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted with 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: to be attributed to specific clients if appropriate, date service was rendered, 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. Granborp Regional Jn,mie Center Detention Services Agreement Septeniber 1, 2009 - August 31, 2010 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contact. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): (a). Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to juvenile Probation by March 1 following the end of the fiscal year. (b). If Service Provider does not obtain an annual outside audit, then Service Provider Shall provide a separate accounting of funds received from juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to juvenile Probation's Fiscal Officer with a copy of such claim or invoice to: Brazos County Auditor, 200 So. Texas, Suite 218, Bryan, TX 78703. Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a cluld to the Facility for placement in Secure Short-Term Detention, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officer's of juvenile Probation may be denied if space limitations require as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/ Authorization from the juvenile Court of Brazos County. 4 VOL 1 5 SAGE ~3~ Cranbury Re.giunal Juvenile Center Detention Serviecs A¢reement September 1, 2009 - August 31, 2010 ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives 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 6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, And other documents regarding services furnished as may be requested by Juvenile Probation, including the Brazos County Auditor. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. 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 this clause concerning the authority to audit funds received indirectly by contractors and subcontractors through the Contractor and the requirement to cooperate is included in any such subcontract. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 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. 5 VoLia5 Grnnbure Regional Juvenile Center Detention Services Agreement September 1, 2009 - August 31, 2010 ARTICLE VIII DUTY TO REPORT 8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations 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 Hood County Sheriff's Office); B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to fax number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-736-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department ARTICLE IX DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the 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 the 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. 6 t:f0 j. J 5 PAGE_dj~ Granbury Regional Juvenile Center Detention Services Aueement September L, 2009 - Aueust 31, 2010 ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay- off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting foith the provision of this non-discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or National origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XII DEFAULT, SANCTIONS, PENALTIES FOR BREACH OF CONTRACT 12.01 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 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 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. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. 7 11~;L ~a5~~1 a35 Grnnbmy Realinnil Juvenile Center Ddention Services A,.Feement September 1, 2009 - August 31, 2010 D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. The prevailing party in any lawsuit arising out of this Agreement will he entitled to Attorney's fees from the other party, including actions for declaratory relief. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices be deemed to have been received when actually received. 4M Granbury Youth Services, Inc. Brazos County 1300 Crossland Road 1904 W SH 121 Granbury,Texas 76048 Bryan, Texas 77803-1217 F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construhng the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements herein are binding on the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE M TERMINATION 13.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Brazos County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Brazos County shall remove at its expense all children placed in the Facility on or before the termination date. 8 Granburp Regional Juvenile Center Detention Services Aareen ent September 1, 2009 - Ausust 31, 2010 ARTICLE XIV INDEMNIFICATION 14.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall have no obligation to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XV REPRESENTATIONS & WARRANTIES 15.01 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 is qualified to do business in the State of Texas; it holds all necessary licenses and staff certifications to provide the type (s) of services contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or ally political subdivision thereof; C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to juvenile Probation. Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XVI TEXAS LAW TO APPLY 16.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations created hereunder are performable in Hood County, Texas. ARTICLE XVII VENUE 17.01 Exclusive venue for any litigation arising from this Agreement shall be Hood County, Texas. 9 ~11a5,,~= a37 Cranbury Regional hnenilg Center Detention Services Aerecment September 1, 2009 - August 31. 70 10 ARTICLE XVIII LEGAL CONSTRUCTION 18.01 In case one or more of the provisions contained in this Agreement shall be held 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 XIX PRIOR AGREEMENTS SUPERSEDED 19.01 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. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS, we hereunto affix our signature this rl l day of 2009. R BIaZOS CO ty Randy Sims, ounty Judge Brazos County 4M Granbury Youth Services, Inc. Probation Department Chief Juvenile P obation Officer Ted Cooley Facility Administrator 10 STATE OF TE.'lAS § 1 ` C fl~ § COUNTY OF HAYS § CONTRACT AND AGREEMENT FOR SECURE LONG-TERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD and the County of BRAZOS hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the I" day of'September, 2009, through the 31" day of August, 2010 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children ofjuvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre-trial and pre-dispositional status or in the post- dispositional treatment prescribed by the Court; and Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the placing County for such use and purposes and Hays County desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: 1. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of tennination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. II. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $95.00 per day for each space utilized in Detention services. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $100.00 per day for each space utilized in the Boot Camp (BC)/Academy program. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $127.00 per day for each space utilized in the Juvenile Intensive Treatment Program (JITP) and the Sex Offender Residential Treatment program (SORT). The per cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly in accordance with Texas Government Code, Chapter 2251. hi addition to the rates agreed upon between the two parties, the placing County shall reimburse the Service Provider for expenditures made for medical and dental care for children placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being made. If emergency examination, treatment and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE HAYS COUNTY JUVENILE BOARD agrees to provide a space if available at the time that the placing County requests the space. HAYS COUNTY JUVENILE BOARD will provide room and board; twenty-four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well-being of the child, and in the long teen to enhance the child's functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child/Family Case Plan. IV. ADMISSION AND DISCHARGE Prior to transporting a child to the facility for short tenor-placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any -2- County may be denied if space limitations require. Children referred for long-term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be so placed under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post-adjudication paperwork as required by Texas Juvenile Probation Commission Standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, entally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing County of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least ten (10) calendar days notice before discharging a child except when the child is a danger to self or others. HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardian, custodian, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the Order signed by the Judge having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by the parties hereto that children placed in pre- adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. _3_ It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code § 51.12- V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and mthe least restrictive setting possible. Residential care shall be provided by professional staff that possess the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN Each child placed in long-term shall have a written Individualized Treatment Plan (ITP) developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, and/or appropriate placing County personnel -4- 05.-. aka within thirty (30) days of placement. The ITP shall complement the Child/Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Probation Commission standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The ITP shall contain the reasons why the placement will benefit the child; shall specify behavioral goals and objectives being sought for the child, shall state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and shall state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's objectives contained in the ITT on a monthly basis. These reports are to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (f) Aftercare goals. , VII. PERFORMANCE MEASURES Goals The Individual. Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential. This development will be through provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: • Average length of stay of children in each program. • Average daily population of children in each program. -5- • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the am-lual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County will be performed by using the following outcome measures: • 80% of youth successfully completing their prograrn. • 80% of youth report improved family communication/functioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least 1/2 educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terns of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION HAYS COUNTY JUVENILE BOARD will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as maybe requested by the placing County. HAYS COUNTY JUVENILE BOARD will make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Probation Commission, and the State of Texas and/or their duly authorized representatives. -6- HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for three (3) years after the final payment or until any audit or the program has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive State funds as required by Texas Family Code § 231.006. HAYS COUNTY JUVENILE BOARD shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on-site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts of omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action of the threat thereof. -7- XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughout the term of this agreement covering, among other matters that the placing County shall desire, any and all damages and/or claims that might arise out of the placement of county children. Such insurance shall include, but not limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition. The Service Provider shall comply with minimum standards as put forth by the Texas . Juvenile Probation Commission at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in confonnity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIII. ACKNOWLEDGEMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. The parties acknowledge and agree the Service Provider is wider no obligation to accept a child deemed by Service Provider to be inappropriate for placement with the Service Provider. 3 Under § 23 1.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. XIV. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit ' No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof, THIS CONTRACT AND AGREEMENT is made by and between the parties hereof, it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu of all previous contracts or agreements by and between HAYS COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract becomes effective. -9- VOL) -15nu c~ ~ ~ Executed in duplicates or triplicates this the day of r 2009, each copy hereof shall be considered an original copy for all purposes. Brazos County Hays County d7e~~ Randy Sin . Brazos County Judge Hays County Judge Brazos County Hays County Probation Department Juvenile Board Doug Va Ph.D. Linda Rodriguez Chief Juvenile Probation Officer Hays County Juvenile Board Brett Littlejohn, Authorized Official Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 -10- JCL PAGE 4VY CONTRACT FOR RESIDENTIAL SERVICES BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT FY 2009-2010 Contract # JUV2010-11 _ gas a4.9 THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with fire provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ ARRJBC"), and Brazos County Juvenile Probation Department (hereafter, CONTRACTING PARTY), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspectecl and certified as being suitable for the detention ofjuverniles by the Cameron County juvenile Board, WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ARRJBC to CONTRACTING PARTY on a space available basis. CCJD/ARRJBC and CONTRACTING PARTY agree that except in emergency situations, CCJD/ARRJBC will give CONTRACTING PARTY forty-eight (43) hours notice before terminating a juvenile. In an emergency situation, CCJD/ARRJBC will notify CONTRACTING PARTY within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTING PARTY agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/ or the child's medical insurance does not cover the cost. CCJD/ARRJBC shall notify CONTRACTING PARTY of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTING PARTY shall pay the sum of Ninety ($95.00) per day per child for each day the CONTRACTING PARTY has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTING PARTY and the BRAZOS COUNTY AUDITOR of CCJD/ARRJBC asa monthly invoicing. Invoices shall be sent to: Brazos County Juvenile Probation Departrnent, 1904 W. SH 21, Bryan, Texas 7780" with a copy to: Brazos County Auditor, 200 S. Texas Ave., Suite 218, Bryan, Texas 77803. Payr?ieatshall be mane to Cameron Courtyjuvenile Probation Department, PO Box 1690, Sari Benito, TX 78586 5. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (a) Two copies of the signed Dispositional Order with the conditions ordering the child into placement, and (b) Parents' notification of child's whereabouts. 6. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 7. No mechanical restraints will be used on a child placed by the CONTRACTING PARTY, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable T)PC standards. 8. CONTRACTING PARTY may examine and evaluate the services and the records maintained by CCJD/ARRJBC under this contract, and CCJD/ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTING PARTY, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 9. Confidentiality and Indemnification: In consideration of CCJD/ARRJBC and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTING PARTY, CONTRACTING PARTY agrees to indemnify and hold harmless CCJD/ARRJBC for any damages and/or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ ARRJBC providing the information or records to CONTRACTING PARTY. 10. CCJD/ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2087) for placement of CONTRACTING PARTYS children. 11. CCJD/ ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 12. CCJD/ ARRJBC will submit to CONTRACTING PARTY at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract: the youths name; the program to which the youth was ,ut Via, psi admitted; dates that the youth was served; a description of the services provided; the amount of funds for which such youth is eligible frorn other funding sources (i r applicable); and the amount of such funds collected by the Service Agency. 11 CCJD/ ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 14. Pursuant to section 231.006 of the Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 15. CCJD/ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTING PARTYS' provision of services. 1.6. CCJD/ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 17. CCJD/ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non-expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the tlixee-year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTING PARTY and CCJD/ ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract Contract extensions are considered to be separate contract periods. 18. If a youth makes an, unauthorized departure from CCJD/ARRJBC, the CONTRACTING PARTY shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment. 19. The term of this Contract shall commence on Septeiriber1, 2009 and shall end onAugust3l, 2010. 20. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 21. If CCJD/ ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTING PARTY may, upon written notice of default to CCJD/ ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but is in addition to any other rights and remedies provided by law or under this contract. 4 2?. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 23. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 24. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terns, or other matters relating the subject matter of this Contract which are not included herein. 25. At the end of the contract teen or other contract termination or cancellation, CCJD/ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTING PARTY, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTING PARTY shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTING PARTY of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTING PARTY'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY--Services shall be provided by CCJD/ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition- CCJD/ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 5 V()L_PL~AGE• a5 3 2. AMERICANS WITH DISABILITIES ACT--CCJD/ARRJBC expressly represents and warrants to the CONTRACTING PARTY that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and guidelines. promulgated there under, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4.. Federal Immigi-ation Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5- Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTING PARTY'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTING PARTY shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos County Juvenile Probation Department and to the Office of the County Judge shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Chief juvenile Probation Officer, Douglas Vance and to 200 South Texas Avenue Suite 332, Bryan Texas 77803 to the Honorable judge Randy Sims. All notices to Cameron County Juvenile Department/ Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be 6 N l 1a~ ,~.u~ 54 sent certified or registered snail, addressed to the C12ief Cameron Comity Jicvem'e De} irtiI;e17t, P. O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD/ARRJBC may otherwise designate. EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE PULL FORCE AND EFFECT OF AN ORIGINAL, on the 2nc l day of 2009. r. BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT BY: V f`'_ BY: ;G~ DOUGLAS ANCE HO ANDY SIMS Director/Chief Juvenile Probation Officer C my judge CAMERON COUNTY JUVENILE PROBATION DEPARTMENT BY:_ BY: TOMMYQ:4kRE , JR. ON. JANET LEAL Chief Executive Officer Juvenile Board Chairperson 7 CONTRACT FOR RESIDENTIAL, SERVICES BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT 90 DAY SHORT TERM PROGRAM PAM (PRIDE-ATTITUDE-MOTIVATION) FY 2009-2010 Contract 9 JUV2010-12 VOL i a5PAGE ascP THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ ARRJBC"), and Brazos County Juvenile Probation Department (hereafter, CONTRACTING PARTY), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board, WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ARRJBC to CONTRACTING PARTY on a space available basis. CCJD/ ARRJBC and CONTRACTING PARTY agree that except in emergency situations, CCJD/ARRJBC will give CONTRACTING PARTY forty-eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ARRJBC will notify CONTRACTING PARTY within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTING PARTY agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child's medical insurance does not cover the cost. CCJD/ARRJBC shall notify CONTRACTING PARTY of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. I Fees: For services rendered under this Agreement, CONTRACTING PARTY shall pay the sum of Ninety ($95.00) per day per child for each day the CONTRACTING PARTY has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. VULP-5 PAGE a5~ 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTING PARTY of CCJD/ARRJBC monthly invoicing. Invoices shall be sent to: Brazos County Juvenile Probation Department, 1904 W.SI-I 21, Bryan, Texas 77803 with a copy to: Brazos County Auditor, 200 S. Texas Ave., Ste 21.8, Bryan, Texas 77803. Payment shall be inatle to Cameron County Juvenile Probation Department, PO Box 1690, San Benito, TX. 78586 5. Length of stay would be a minimum of 90 day PAM (Pride- Attitude- Motivation) for short term placement. 6. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (a) Two copies of the signed Dispositional Order with the conditions orderim, the child into placement, and (b) Parents notification of child's whereabouts. 7. Transportation to placement: The CCJD/ARRJBC shall provide transportation to and from placing CONTRACTING PARTY's facility to ARRJBC Times and dates will coordinated by both agencies. 8. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 9. No mechanical restraints will be used on a child placed by the CONTRACTING PARTY, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 10. CONTRACTING PARTY may examine and evaluate the services and the records maintained by CCJD/ARRJBC under this contract, and CCJD/ ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTING PARTY, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 11. Confidentiality and Indemnification: In consideration of CCJD/ARRJBC and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTING PARTY, CONTRACTING PARTY agrees to indemnify and hold harmless CCJD/ARRJBC for any damages and/or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ ARRJBC providing the information or records to CONTRACTING PARTY. 12. CCJD/ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2057) for placement of CONTRACTING PARTYS children. 13. CCj D/ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 14. CCJD/ ARRJBC will submit to CONTRACTING PARTY at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract: the youths name; the program to which the youth was admitted; dates that the youth was served, a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amount of such funds collected by the Service Agency. 15. CCJD/ ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 16. Pursuant to section 231.006 of the Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate- 17. CCJD/ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTING PARTYS' provision of services. 15. CCJD/ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 19. CCJD/ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non-expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three-year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTING PARTY and CCJD/ ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 20. If a youth makes an unauthorized departure from CCJD/ARRJBC, the CONTRACTING PARTY shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment. 4 VOL aSPAGE 21. The term of this Contract shall continence on September 1, 2009 and shall end on August 33, 2010. 22. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 23. CCJD/ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTING PARTY may, upon written notice of default to CCJD/ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or under this contract. 24. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 25. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 26. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 27. At the end of the contract term or other contract termination or cancellation, CCJD/ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTING PARTY, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTING PARTY shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTING PARTY of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTING PARTY'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. 5 E- ~aS'„tic COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY--Services shall be provided by CCJD/ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD/ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 2. AMERICANS WITH DISABILITIES ACT--CC)D/ARRJBC expressly represents and warrants to the CONTRACTING PARTY that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated there under, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 .regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTING PARTY'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTING PARTY" shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the 6 061 Texas H.eaith and Safety code. This verification and disclosure will be required of all wi-lo have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos Countv Juvenile Probation Department and to the Office of the Countv Tud,e shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Brvan, Texas 77803 to the Chic juvenile Probation Officer, Douglas Vance and to 200 South Texas Avenue Suite 332, Brvan, Texas 77803 to the Honorable ludge Rmiiy Sims. All notices to Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief Cameron County Juvenile Department, P. O. Box 1690, Satz Benito, Texas 78586, or at such an address as C1--JD/ ARRJBC may other wise designate. EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the :D~4 day of / Ticrj)(s" 2009. BRAZ OUNTY JUVENILE PROBATION DEPARTMENT t BY BY ItT~JDOUGLAS ANCE HON SIMS Director/Chief Juvenile Probation Officer Cou/IRDY ge CAMERON COUNTY JUVENILE PROBATION DEPARTMENT z BY: BY: TOMMY RA t ' Z, JR. JA T ZEAL Chief Executive Officer J venile Board Chairperson 7 ~ VOL This renewal of the Depository Contract between the Brazos County District Clerk, Texas and Compass Bank dated June 28, 2007 will renew for a term of two years beginning June 1, 2009 and not extend beyond May 31, 2011. This renewal is agreed to be representatives of the BANK, and BRAZOS COUNTY, as evidence by their signatures below, executed thishQ( day of September, 2009, by the duly authorized officers of the parties hereto. By Bank: Compass Bank I~ QQ~~ Signatu ~K~~t/'-~V`~ Name:n/V1Q,r.Na. l=• .-t°Gt O Title: 1 . i~l ~Q r / V f Date: Brazos County, s Signature: Name: Title: 013LA - . Ud~L2 Date: ~f ~a./U~ ..L l r/'~'~ei ~3 rR. BANK DEPOSITORY CONTRACT Page 1 of7 BANK DEPOSITORY CONTRACT THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR' and C o m 0 Q 5 s 6 un K a n f(I ab on a 5}R+G bank, organized under the laws of the United States and authorized by law to do banking business in BRAZOS COUNTY, Texas, and now conducting such business in said BRAZOS COUNTY, Texas, hereinafter called "BANK." I DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as a depository for the period beginning JUNE 1, 2005 for a term of two years (herein the Initial Term) with an option to renew for another two years, not to extend beyond MAY 31, 2009, on the same terms and conditions as set forth herein for the Initial Term. This contract is to cover all accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of Brazos County by the DEPOSITOR and placed on deposit with BANK. II During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument. III Quarterly Bank Statements will include checks, deposit slips, transfer slips, and debit and credit memos processed for ALL accounts. Quarterly statements showing debits, credits, and balances of each separate account are required. Statements are to be submitted to the District Clerk's Office no later than the 10th of the month. IV DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR'S account and may not charge any penalties for early withdrawal. Interest shall be calculated at the prevailing rates established from time to time by BANK for similar deposits. Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. V All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided VOL-)a5 PAGE ?b4 https://webaccess.compassbtik.com/gw/webacc/oyeuql Th8 snfok9Mi6/G WAP/AREF/ 1?aa... 5/16/2007 BANK DEPOSITORY CONTRACT Page 3 of 7 other approvals or consents the CUSTODIAN may require in order to release the collateral for DEPOSITOR'S use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the CUSTODIAN refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. ViII Any sale, of such collateral, or any part thereof, made by DEPOSITOR or the CUSTODIAN, as appropriate, hereunder may be either at public or private sale; provided, it shall give both the DEPOSITOR, if the sale is made by the CUSTODIAN, and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefore for cash. BANK shall not have the right to bid at such sale. IX If BANK shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral and deposited with the CUSTODIAN, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with CUSTODIAN be less than the total sum of the DEPOSITOR'S funds on deposit with said BANK, BANK shall immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by CUSTODIAN, unless there is insufficient collateral on deposit with the CUSTODIAN to cover the public funds as required by law at the time the request is made. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not cured and the DEPOSITOR'S consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the DEPOSITOR the replacement collateral that is being offered, and the DEPOSITOR must accept such replacement. X If at any time the collateral in the hands of the CUSTODIAN shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the BANK based on a written request from the BANK to the Commissioners Court. BANK shall have the right at any time and from time to time to substitute new collateral for collateral being held by TRUSTEE, provided that BANK provides evidence reasonably VOLJaSPAGE a(PS https://webaccess.compassbnk.com/Rw/webacc/oveuq 1 Tli8snfok9Mi6/G W AP/AREF/1?ac... 5/16/2007 BANK DEP-0 1TO& V CONTRACT Page 5 of 7 XVI Any party hereto to the other, by United Stated Mail or other reliable courier at the following addresses, may deliver all notices, demands, or other writings: DEPOSITOR: District Clerk Brazos County, Texas 300 East 26th Street, Suite 216 Bryan, Texas 77803 WITH COPIES TO: County Judge Brazos County, Texas 300 East 26th Street, Suite 114 Bryan, Texas 77803 CUSTODIAN: BANK: The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. XVII BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned, pledged or encumbered and that no lien, or security interests exist other then the security interest field by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the CUSTODIAN is intended as perfection of DEPOSITOR'S security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN for the benefit of DEPOSITOR and as security for DEPOSITOR'S funds. The Commissioners Court shall deliver to BANK within five (5) working days from the date of execution of this agreement, a list of those individuals authorized to act on behalf of the District Clerk in regard to the mattes stated herein. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the. date of execution hereof, an executed Collateral Agreement as set forth on Exhibit "A The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. VOL ryQ5PAU https:tlwebaccess.compassbnk.comfgw/webace/oveuq tThBsnfok9Mi6/GWAP/AREF/ I ?ac... 5/16/2007 BANK DEPO-ITORY CONTRACT Page 7 of 7 By (Signature) Name: Randy Sims Title: Brazos County Judge Date:- THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appeared Randy Sims, of BRAZOS COUNTY TEXAS, known to me the person whose name is subscribed to the forgoing instrument, and acknowledge to me that he/she executed the same as the act and deed of BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein state. 7 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2~ day of ~^,sf 20W. Notary Public, State of Texas DEBBIE L LDCIdEWE Printed Name: r° MY CpMWSS10N E%PIRES JWyl3,2011 • M• Commission Expires: APPROVED COPY FOR YOUR FILES From: Debbie L. Lockledge Date: F/) g107 t»t 7 https://webaccess.comr)assbnk.com/Rw/webacc/oveuo 1 Th8snfok9Mi6/GWAP/A REF/ 1 ?ac... 5/16/2007 °8 R.. z~= g § 9 ~&R R' ~ o ~Rl"u"o~y m 3 ~4:~~g3 ~ °~~m dN ~n 8 $888$8 8' 8 868888 $ ~ ~ ~8'vd vm~ ~g 8 888888 8 5805 5 8 8 888888 8S ~ ~ ~~u~nv Ps 8 888888 8' ' 8O o8 ~ 8 Ue$&~8 8 88868$ 8 e „ « fi 0808 « w''e"w ~q G ~ ~Nem~m i 8 8$$8$8 8m o 0 R ~55~5 MUM ~3tl3 ~A 8 888888 8a yN ffi O 'a ~ ~ g~8~o wpm ne 8 8$88$$ 8 s o 08 8 ~~~~ff& v" $ $88888 8 5 ~ vexm 8 886888 8 8 888888 B~ 8~~~~8 8R 8 88$888 8 68~G8o ~ ~uKSa~ 8~ 8 88~8sa8 ~8s 8 8888$8 8" '085888 8 8: 8 888888 8 8 8$8££88$ 8 o R R R R _L" b °m n L _b" > 8 8$8$8$ 8, VOLJ_a5 PAGLI MEMO TO: Pat Howard, Purchasing Agent FROM: Brazos County Commissioner's Court RE: Exemption From Competitive Bidding Requirements Please be advised that on this 22nd day of September, 2009, at a Regular Session of the Commissioners' Court on which the following members were present: Randy Sims, County Judge Lloyd Wassermann, CommissioneWevl E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 l~ The Commissioners' Court has determined that there is a need to exempt the vendor(s) lister below from the competitive bidding requirement for fiscal year 2009-2010 as follows: COMPANY: A FIRST SERVICES CO. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: A-I WRECKER PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: ABSOLUTE ENVIRONMENT SERVICES PRODUCT/SERVICE: PROFESSIONAL SERVICES-ASBESTOS ABATEMENT STATUE: 262.024(a)(4) 1 COMPANY: ACME GLASS CO. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: ACTION SPORTS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: ADVANCED AUTO REPAIRS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: AG SOLARGUARD, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: AGGIELAND AUTO TENT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: AGGIELAND AUTOMOTIVE/COLLEGE STATION PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(I1) COMPANY: AGGIELAND TIRE & REPAIR PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(I1) COMPANY: ALEX QUIROS, LPC PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: ALLIANCE TRANSPORTATION GROUP PRODUCT/SERVICE: PROFESSIONAL SERVICES -DATA .COLLECTION/FORECAST STUD? STATUTE: 262.024(a)(4) COMPANY: AMERICAN TRAILER SALES & RENTALS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: AMY BROWN, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUTE: 262.024(a)(4) COMPANY: ANDY'S PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: ANNA SATTERFIELD, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) 2 r, , 135 llp~J 70 COMPANY: ANTONIO CEPEDA-BENITO Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUTE: 262.024(a)(4) COMPANY: ASSOCIATES FOR APPLIED PSYCHOLOGY / BRIAN STAGNER, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: ATMOS ENERGY PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: AUSTIN ENVIRONMENTAL, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICE- CONSULTING STATUTE: 262.024(a)(4) COMPANY: AUTOMATION DISPLAYS, INC PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - CONTROL BOARD (MAINT DEPT) STATUTE: 262.024(a)(7)(D) COMPANY: B&B AUTOMOTIVE PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: B I INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: BVCASA PRODUCT/SERVICE: PROFESSIONAL SERVICEWOUNSELING STATUTE: 262.024(a)(4) COMPANY: BEN SANFORD AND ASSOCIATES PRODUCT/SERVICE: PROFESSIONAL SERVICES - CONSULTINGITELEPHONE STATUTE: 262.024(a)(4) COMPANY: BERKEL&COMPANY CONTRACTORS, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: BEST ACCESS SYSTEM PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - COURTHOUSE KEY SYSTEM STATUTE: 262.024(a)(7)(D) COMPANY: BRAD KERR SURVEYING PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) COMPANY: BRAZOS ABUSE INTERVENTION PROGRAM/VERNON VAN ROOY, LP( PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) 3 VOL lo~ PAGE-,,P/ COMPANY: BROOKS LAND SURVEY CO. PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) COMPANY: BRAZOS LUNG - MEDICAL PRODUCT/SERVICE: PROFESSIONAL SERVICE - MEDICAL STATUTE: 262.024(a)(4) COMPANY: BRAZOS VALLEY PICKUPS PLUS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: BRAZOS VALEY WELDING SUPPLY, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: BRIGGS EQUIPMENT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: BRUCHEZ, GOSS, MERNOFF, T14ORNTON & HAWTHORNE PRODUCT/SERVICE: PROFESSIONAL SERVICES - LEGAL STATUTE: 262.024(a)(4) COMPANY: BRYAN ALTERNATOR,-INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: BRYAN FREIGHTLINER PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - FREIGHTLINER STATUTE: 262.024(a)(7)(D) COMPANY: BRYAN MARINE, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: BRYAN OUTBOARD, INC. PRODUCTISERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: BRYAN RADIOLOGY PRODUCT/SERVICE: PROFESSIONAL SERVICE - MEDICAL STATUTE: 262.024(a)(4) COMPANY: BRYAN SIGNS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: BRYAN TEXAS UTILITIES PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: BRUSHY WATER SUPPLY CORP PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) 4 vo gas-' 4i E a~ a COMPANY:" BRYAN VARSITY FORD PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: BRYAN WELDING & ORNAMENTAL PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: BRYAN 800 COMMUNICATIONS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: BUCHANAN SOIL MECHANICS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(x)(4) COMPANY: BUDDY'S APPLIANCE PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: CME TESTING & ENGINEERING PRODUCT(SERVICE: PROFESSIONAL SERVICE-ENGINEERING STATUTE: 262.024(a)(4) COMPANY: C&F TIRE SERVICE PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: C. MOORE, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: CSC ENGINEERING & ENVIRONMENTAL CONSULTANT PRODUCT/SERVICE: PROFESSIONAL SERVICE-ENGINEERING/CONSULTANT STATUTE: 262.024(a)(4) COMPANY: CARLOMAGNO SURVEYING, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) COMPANY: DR. CHARLES WILLIAMS PRODUCT/SERVICE: PROFESSIONAL SERVICE - MEDICAL STATUTE: 262.024(a)(4) COMPANY: CINDY SOLTIS, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUTE: 262.024(x)(4) COMPANY: CITY OF BRYAN PRODUCT/SERVICE: EMERGENCY CALLS STATUTE: 262.024(a)(2) COMPANY: CITY OF COLLEGE STATION PRODUCT/SERVICE: EMERGENCY CALLS 5' vot STATUTE: 262.024(a)(2) COMPANY: CITY OF COLLEGE STATION PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: CITY PAINT & BODY LLC PRODUCT/SERVUCE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: CLARK EQUIPMENT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: COLLEGE STATION AUTO PARTS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: COOKS AUTO PARTS, INC.BRYAN PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(I1) COMPANY: COUFAL - PRATER EQUIPMENT, LTD PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - JOHN DEERE STATUTE: 262.024(a)(7)(D) COMPANY: DALLAS DODGE, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DAVID'S AUTOGLASS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DEAN AUTO PARTS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DECATUR ELECTRONICS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DENT-MAGIC ENTERPRISES, LLC PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DENTRUST DENTAL TEXAS, PC PRODUCT/SERVICE: PROFESSIONAL SERVICE - DENTAL SERVICES STATUE: 262-024(x)(4) COMPANY: DEPARTMENT OF EDUCATION PSYCHOLOGY/DAVE LAWSON PHD PRODUCT/SERVICE: PROFESSIONAL SERVICE - COUNSELING STATUTE: 262.024(a)(4) COMPANY: DEPARTMENT OF PSYCHOLOGY / DOUG SNYDER, Ph.D. 6 VIA l X157:, x ;n4 PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) . COMPANY: DISCOUNT TIRE CO. OF TEXAS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DISTRIBUTORS OPERATIONS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DIXIE TIRE, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DOUGLASS NISSAN PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DRUERY TIRE REPAIR PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: DUKE AUTOMOTIVE PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: FAMILY PSYCHOLOGICAL SERVICE PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: FAST SIGNS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: FRANKS ELECTRIC MOTORS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: G.T. DISTRIBUTORS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GAAS REFRIGERATION PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GALLS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GARRETT ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING/SURVEYING STATUTE: 262.024(a)(4) 7 COMPANY: GEORGE'S PAINT & BODY LLC PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GOODWIN-LASITER, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) COMPANY: GOODYEAR AUTO SERVICE CENTER, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GOOSENECK TRAILER MANUFACTURER PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GRAYS WHOLESALE TIRE DISTRIBUTOR, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GREENWAY CONSTRUCTORS, INC./ STEPHEN P. BYRNE, FAIL, MCIOB, CPC PRODUCT/SERVICE: PROFESSIONSL SERVICES - CONSULTING/ DESIGN BUILD STATUTE: 262.024(a)(4) CONTRACTOR COMPANY: GRIFFIN LOCKSMITH & HARDWARE PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: GULF COAST TRADES CENTER PRODUCT/SERVICE: PROFESSIONAL SERVICES - JUVENILE PLACEMENT STATUTE: 262.024(a)(4) COMPANY: HALT CONTROL - RESPONSIBILITY / ROY LUEPNITZ, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES / COUNSELING STATUTE: 262.024(a)(4) COMPANY: HENLEY'S PAINT & BODY PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: HIGHTOWER AUTO GLASS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: HI-WAY EQUIPMENT PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS STATUTE: 262.024(a)(7)(D) COMPANY: HOGAN'S TRUCK EQUIPMENT - INTERNATIONAL PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS STATUTE: 262.024(a)(7)(D) 8 4iL~t~illiL a7~[j COMPANY: HOT PURSUIT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: HUNTON TRANE SERVICES PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - TRANE (CHILLER SYSTEM) STATUTE: 262.024(a)(7)(D) COMPANY: IDEXX LABORATORIES PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - LAB STATUTE: 262.024(a)(7)(D) COMPANY: IKE' S SMALL ENGINE LLC PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: IKON/TEXAS COPY PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - CANON STATUTE: 262.024(a)(7)(D) COMPANY: INDIGENT HEALTH CARE PROGRAM PRODUCT/SERVICE: PUBLIC HEALTH AND SAFETY STATUTE: 262.024(a)(2) COMPANY: INGRAM, WALLIS & CO. P.C. PRODUCT/SERVICE PROFESSIONAL SERVICE/CERTIFIED PUBLIC ACCOUNTANTS STATUTE: 262.024(a)(4) COMPANY: INTERSTATE BATTERIES PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: J M TRAILORS LLC PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: J.P. BOWLIN PRODUCT/SERVICE: SOLE SOURCE/PROFESSIONAL SERVICE/SCALE MAINT. & CERT. STATUTE: 262.024(a)(7)(D) COMPANY: J&S BODY SHOP PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(I1) COMPANY: JACK WINSLOW BODY SHOP, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: JIM SINGLETON ARCHITECT PRODUCT/SERVICE: PROFESSIONAL SERVICES - ARCHITECT STATUTE: 262.024(a)(4) COMPANY: JOHN HAMILTON PRODUCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS STATUTE: 262.024(a)(4) 9 VOL jay PAGE 7 7 COMPANY: JOHN'S TRANSMISSION PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: KB&KB ENTERPRISES, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: K.W. BROWN & ASSOCIATES PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: KALINEC TOWING CO., INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: KAUFFMAN TIRE, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(x)(11) COMPANY: KENNEDY-HOLTKAMP, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS STATUTE: 262.024(a)(4) COMPANY: KLING ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING/SURVEYING STATUTE: 262.024(a)(4) COMPANY: KUSTOM SIGNAL, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(x)(11) COMPANY: KWIK KAR PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(x)(11) COMPANY: LARRY WEST PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: LASER TECHNOLOGY, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: LEAH MONTGOMERY PRODUCT/SERVICE: PROFESSIONAL SERVICE - MEDICAL/PHARMACIST STATUTE: 262.024(a)(4) COMPANY: LEONARD CROWLEY, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING. STATUTE: 262(a)(4) 10 COMPANY: LIFE SIGN LLP PRODUCT/SERVICE: SOLE SOURCE - DRUG SCREENING (FDA Approved) STATUTE: 262.024(a)(7)(A) COMPANY: LITHiA-CHRYSLER, JEEP, DODGE PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: LOFLIN ENVIRONMENTAL PRODUCT/SERVICE: PROFESSIONAL SERVICE - CONSULTING/ASBESTOS STATUE: 262.024(a)(4) COMPANY: LUTHERAN SOCIAL SERVICES PRODUCT/SERVICE: PROFESSIONAL SERVICES - JUVENILE PLACEMENT STATUTE: 262.024(a)(4) COMPANY: MAACO PRODUCT/SEERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: DR. MAHESH DAVE PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: MANSEL'S WHEEL ALIGNMENT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: MICROVIEW SYSTEMS PRODUCT/SERVICE: SOLE SOURCE-VIEWO SYSTEM (DETENTION CENTER) STATUTE: 262.024(a)(7)(A) COMPANY: MILLIMAN CONSULTANTS AND ACTUARIES PRODUCT/SERVICE: PROFESSIONAL SERVICES-CONSULTING STATUTE: 262.024(a)(4) COMPANY: MIDWEST RADAR & EQUIPMENT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: MOBILE VISION PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: MUNICIPAL DEVELOPMENT GROUP PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: MUSTANG TRACTOR PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - CATERPILLAR STATUTE: 262.024(a)(7)(D) COMPANY: NAPA AUTO PARTS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) 11 VOC) b PAGE J` 9 COMPANY: NAVOR "SONNY" CASARES, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUE: 262.024(a)(4) COMPANY: NORMANGEE TRACTOR PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: OSR WATER SUPPLY CORP. PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: OLIVER BROTHERS TRANSMISSION PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024 (a)(11) COMPANY: OLYMPIC AUTOMOTIVES PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262,024(x)(11) COMPANY: PAM PERLITZ, LPC,LCDC, LMFT PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUTE: 262.024(a)(4) COMPANY: PAT HICKS, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICES / COUNSELING STATUTE: 262.024(a)(4) COMPANY: PATTERSON ARCHITECTS PRODUCT/SERVICE: PROFESSIONAL SERVICES /ARCHITECT STATUTE: 262.024(a)(4) COMPANY: PHIL THWEAT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: PICKUPS PLUS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: PILGER TIRES PRODUCT/SERVICE: VELICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: PLEDGER KALCOMEY, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES-LAND SURVEY STATUTE: 262.024(a)(4) COMPANY: PORTIA SMITH PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: PUBLIC FINANCIAL MANAGEMENT (PFM) PRODUCT/SERVICE: PROFESSIONAL SERVICES - FINANCIAL 12 Ids ~8L) STATUTE: 262.024(a)(4) COMPANY: QUEST DIAGNOSTIC PRODUCT/SERVICE: PROFESSIONAL SERVICE - LAB TESTINGtMEDICAL STATUTE: 262.024(a)(4) COMPANY: QUICKER STICKER, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: R.B. EVERETT PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS STATUTE: 262.024(a)(7)(D) COMPANY: RANDAL STASKY STICKER PLUS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: DR. RANEY CHARIAN PRODUCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL STATUTE: 262.024 (a)(4) COMPANY: RAYBON METCALF ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: RICHARD DAVIS, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUTE: 262.024(a)(4) COMPANY: RILEY ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING/ SURVEYING STATUTE: 262.024(a)(4) COMPANY: ROBERTSON ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES-ENGINEERING/CONSULTING STATUTE: 262.024(a)(4) COMPANY: RODRIGUEZ WHEEL ALIGNMENT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(x)(11) COMPANY: RUTH HELPERT-NUNEZ, LCSW, LMFT PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUE: 262.024(a)(4) COMPANY: S.M. HODGE CO. PRODUCT/SERVICE: PROFESSIONAL SERVICES - CONSULTANT/SOUND SYSTEMS STATUTE: 262.024(a)(4) COMPANY: S. T. LOVETT & ASSOCIATES PRODUCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS STATUTE: 262.024(a)(4) COMPANY: SAFELITE 13 PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: SANOFI PASTEUR PRODUCT/SERVICE: PROFESSIONAL SERVICE/MEDICAL STATUTE: 262.024(a)(4) COMPANY: SCOTT & WHITE CLINICS PRODUCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL STATUTE: 262.024(a)(4) COMPANY: SHAMMY CAR WASH PRODUCT/SERVICE : VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: SHIRLEY KOSTOHRYZ PRODUCT/SERVICE: PERSONAL SERVICES/ CONSULTANT STATUTE: 262.024 (a)(4) COMPANY: SIEGERT RADIATOR SHOP PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: SIGNS NOW PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(x)(11) COMPANY: SPECIALTY ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES/ ENGINEERING STATUTE: 262.024(a)(4) COMPANY: STEEPHOLLOW FORGE WORKS PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: STERICYCLE PRODUCT/SERVICE: PROFESSIONAL SERVICES/MEDICAL STATUTE: 262.0249a)(4) COMPANY: STERLING GMC PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: STEWART STEVENSON PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: STILL CREEK RANCH PRODUCT/SERVICE: PROFESSIONAL SERVICES - JUVENILE PLACEMENT STATUTE: 262.024(a)(4) COMPANY: STRONG SURVEY PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) 14 1x5 aga COMPANY: STROUHAL TIRE, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: T.K. SALES PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: TENNANT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: TERRACON CONSULTANTS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ARCHITECT/ENGIlVEER/DESIGN BUILI STATUTE: 262.024(a)(4) COMPANY: TEXAS A&M DEPARTMENT OF PSYCHOLOGY PRODUCT/SERVICE: PROFESSIONAL SERVICE/COUNSELING STATUTE: 262.024(a)(4) COMPANY: TEXAS AVENUE MEDICAL CLINIC PRODUCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL STATUTE: 262.024(a)(4) COMPANY: TEXAS COMMERICAL WASTE PRODUCT/SERVICE: PUBLIC HEALTH & SAFETY - WASTE REMOVAL STATUTE: 262.024(a)(2) COMPANY: TEXAS COMMUNICATIONS OF BRYAN, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: TEXAS VOTING SYSTEMS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ELECTION SERVICES STATUTE: 262.024(a)(4) COMPANY: THE COUNSELING CENTER/MS. TAMMERA BROWN, LPC PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: DR. THOMAS HUBER PRODUCT/SERVICE: PROFESSIONAL SERVICE - MEDICAL STATUTE: 262.024(a)(4) COMPANY: THOMSON WEST PRODUCT/SERVICE: SOLE SOURCE - COPYRIGHTED PRODUCT STATUTE: 262.024(a)(7)(A) COMPANY: TIBURON, INC. PRODUCT/SERVICE: PUBLIC SAFETY-911 SOFTWARE STATUTE: 262.024(a)(1) COMPANY: TOM LIGHT CHEVROLET PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) 15 :v4a5 . r ~$3 COMPANY: TRACY THOMAS PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: UNISYS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ARCHIT/ENG/DESIGN BLD STATUTE: 262.024(a)(4) COMPANY: UNITED ROOFING PRODUCT/SERVICE : SOLE SOURCE-PATENTED PRODUCT REPAIR SERVICE STATUTE: 262.024 (a)(7)(A) COMPANY: VARSITY FORD, LINCOLN, MERCURY, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: VERIZON PRODUCT/SERVICE: UTILIES STATUTE: 262.024(a)(7)(C) COMPANY: WASTE SYSTEMS EQUIPMENT, INC. PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - ROAD PATCHING MACHINE STATUTE: 262.024(a)(7)(D) COMPANY: WE RENT IT PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: WELLBORN WATER SUPPLY PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: WHARRY ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICE/ENGINEERING/CONSULTING STATUTE: 262.024(a)(4) COMPANY: WICKSON CREEK S.U.D. PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: WINGFOOT COMMERCIAL TIRE SYSTEMS, INC. PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(11) COMPANY: WINSTEAD, SECHREST AND MINICK P.C. ATTORNEY, PAUL MARTIN PRODUCT/SERVICE: PROFESSIONAL SERVICES - LEGAL STATUTE: 262.024(a)(4) COMPANY: WYLIE AND SON PRODUCT/SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(a)(4) • 16 Approved: , Judge Randy Sims Date G 17