HomeMy WebLinkAbout2003-09-02-9:00AM-REGULAR
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BRAZOS COUNTY ? Q P c
• BRYAN, TEXA6
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 2 SEPTEMBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance= Commissioner Jones
2. Call for citizen's input and/or concerns
Consider and take action on agenda items 3-24 '
3. Budget Amendment 02/03-41.1 thru 02/03-41.4
4. Payment of Claims
5. Personnel Change of Status
6. Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County (previously tabled).
7. Request from the Sheriff's Office to Expend funds from Block Grant 2001-LB-BX-2756
for the purchase of 18 modems at $2;526-98 each.
.Q1 S6-7.4,7
8. Block Grant Requisition for the purchase of modems for Sheriff's Office vehicles.
9. Contracts for Residential Services with the following agencies for alleged or adjudicated
juvenile offenders:
a. Gulf Coast Trades Center
b. Still Creek Ranch
c. Lutheran Social Services
10. Memorandum of Understanding between the Brazos County Juvenile Board and San
Antonio Positive Solutions, Inc. (Positive Solutions Charter School) for the 2003-2004
School Year.
VOL 47 PAGE L3
Commis¢ionen Conn Agenda
2 September 2003,
Page 2
11. Amendments to the Group Medical Insurance benefits:
a. Change the definition of an Eligible Employee (requirement for insurance
coverage).
b. Set a maximum dollar amount per employee for coverage related to obesity, OR
exclude coverage related to obesity.
c. Set a maximum per calendar year dollar amount for Chiropractic Care, and restate
the definition of Chiropractic Care.
12. Amend the responsibility of the Insurance and Benefits Committee.
13. Amendment to Hospital Service Agreement with Brazos County and College Station,
Hospital, LP d/b/a College Station Medical Center and Brazos Valley of Texas LP d/b/a
the Surgical Center; Attachment A Reimbursement.
14. Award bid #2003-043 for Sheriffs Office uniforms.
15. Award bid #2003-040 for Jail Commissary vendors.
16. Request for permission to declare Surplus Property as "Salvage."
17. Request for permission to enter Arnold LeUnes' property located off South Oaks Drive
for the purpose of disposing of dead livestock ($180.00 fee) for the health, safety and
welfare of the general public. Site is located in Precinct 1.
18. Request from'Verizon to construct buried communications cable installation in the right
of way of Arrington Road beginning 550 ft. south of Windom Ranch Road extending for
a distance of approximately 2,761 ft. Site is located in Precinct 1.
19. Request from Verizon to construct approximately 3,228 ft. of buried communications
cable installation in the right of way, rather than the 16 ft. public utility easement, of
Timberwilde Drive between Elmo Weedon Road and Falcon Crest Drive. Site is located
in Precinct 2.
20. Request from Verizon to construct a road bore and approximately 2,812 ft. of buried
cable installation in the right of way of Mancuso Road. Site is located in Precinct 2.
21. Request from Wickson Creek Special Utility District to construct two (2) road bores for
water line installations in the right of way of Ranchero Road. Sites are located in
Precinct 3.
22. Deed without warranty from Tim Crowley to Brazos County to convey a portion of land
within the right of way of Arrington Road for roadway improvements. Site is located in
Precinct 1.
23. Approval of the County Treasurer's report for the month of July 2003.
24. Presentation and approval of Commissioners Court minutes for the following dates:
a. June 3, 2003
b. June 17, 2003
c. June 24, 2003
VOL 47 PACE 3'f
• CammI5Slaaers Court Ageada
2 September 2003
Page 3
25. Announcement of interest items and possible future agenda topics.
26. Agency / Board / Committee reports by Court members.
27. Call for citizen input and/or concerns.
28. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to
discuss the acquisition of real property.
29. Consider and take action on the Executive Session.
30. Adjourn.
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
VOL._,ZPAGE 35
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 2, 2003
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Courthouse in Bryan, Brazos County, Texas,
beginning at 9:00 a.m. on Tuesday, September 2, 2003 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Jones gave the invocation and led the pledge
of allegiance.
There was no citizen input/and or concerns
The Court next considered Budget Amendment #02/03-41.1
through 41.4, which would increase revenue and expenditures
for the Dispute Resolution Fund, reallocate funds for the
Sheriff's Department; transfer funds from Contingency to
Constable, Precinct 2 and from Court Support Costs to the
District Clerk. On motion by Commissioner Peters, seconded by
Commissioner Jones, the Court voted unanimously to approve the
VOL to PAGE A)
Commissioners Court meeting April 1, 2003 2
budget amendment as submitted, a copy of which is attached.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20045395 through 20045599
On motion by Commissioner Jones, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve the
changes as submitted.
The next matter for consideration by the Court was adopting
an Order banning outdoor burning. On motion by the County
Judge, seconded by Commissioner Cauley, the Court voted
unanimously to table consideration of an outdoor burning ban.
The Court next considered a request from the Sheriff's
Department to expend funds from Block Grant 2001-LB-BX2756 for
the purchase of 18 modems. On motion by Commissioner Mallard,
seconded by Commissioner Peters, the Court voted unanimously to
approve the request from the Sheriff's Department. The total
cost will be $46,218.13.
The Court next considered approval of the Block Grant
VOL 4-7 PAGE
Commissioners' Court meeting September 2, 2003 3
Requisition for the purchase of modems for the Sheriff's
Department vehicles. On motion by Commissioner Peters, seconded
by Commissioner Cauley, the Court voted unanimously to approve
the requisition in the amount of $46,218.13 for said purchase.
The Court next considered approval of contracts for
residential services with the following agencies for alleged or
adjudicated juvenile offenders in licensed childcare facilities:
A. Gulf Coast Trades Center
Charges - Level III $81.88 per day per juvenile
Level IV $91.22 per day per juvenile
B. Still Creek Ranch
Charges - Level III $81.88 per day per juvenile
C. Lutheran Social Services
Charges - Level V $121.55 per day per juvenile
Level VI $206.60 per day per juvenile
on motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the previously
noted contracts and authorize the County Judge to execute them
on behalf of Brazos County. A copy of each is attached.
The Court next considered approval of a Memorandum of
Understanding (MOU) between the Brazos County Juvenile Board and
San Antonio Positive Solutions, Inc. (Positive Solutions Charter
School) for the 2003-2004 School Year. The purpose of the MOU
is to provide educations services to the Brazos County
Academy(BCA)Program. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to approve the
VOLE PAGE 39
Commissioners' Court meeting September 2, 2003 4
Memorandum of Understanding between the Brazos County Juvenile
Board and San Antonio Positive Solutions, Inc. A copy is
attached.
The next matter before the Court was approval of amendments
to the Group Medical Insurance benefits. The following
amendments are proposed:
a. Change the definition of an Eligible Employee
(requirement for insurance coverage).
Commissioner Jones moved to change the
definition from 32 hours per week to 40 hours
per week. Commissioner Mallard seconded the
motion. After some discussion Commissioners
Jones and Mallard withdrew their motion and
second. Then on motion by Commissioner Jones,
seconded by Commissioner Mallard, the Court
voted unanimously to define an Eligible Employee
as a full time employee and those currently
working 32 hours per week and receiving coverage
will.continue to be covered until the position
is vacated.
b. Set a maximum dollar amount per employee for
coverage related to obesity, OR exclude coverage
related to obesity. The County Judge moved to
remove all obesity coverage effective today.
Commissioner Mallard seconded the motion.
Demetrios Basdekas asked the Court if they had
looked into this. He said it may be a false
benefit to eliminate coverage related to obesity
because it is preventative. Commissioner Jones
said that most agencies do not cover this
because of the difficulty in determining if
something is or is not related to obesity.
Commissioner Cauley asked if the Court had
looked into the statistics or were we doing this
just because no one else was doing it. He
stated that the employee is getting less while
co-pays are going up. Paying more for less.
Commissioner Peters stated that this problem is
everywhere. Commissioners Jones, Peters,
VOL ~f7 PAGE 09
Commissioners' Cowl meeting September 2, 2003 5
Mallard and the County Judge voted "Aye".
Commissioner Cauley abstained. The motion
carried to remove all obesity related coverage
as of this date.
C. Set a maximum per calendar year dollar amount
for Chiropractic Care, and restate the
definition of Chiropractic Care. Demetrios
Basdekas asked how many dollars will be shifted
on the employees. He also asked if the County
would continue to cover diabetes, stroke etc.
that are related to obesity. On motion by
Commissioner Jones, seconded by the County
Judge, the Court voted unanimously to set a
maximum of $1,000 per calendar year and to
define Chiropractic Care as Skeletal
adjustments, manipulation or other treatment in
connection with the detection and correction by
manual or mechanical means of structural
imbalance or subluxation in the human body.
Such treatment is done by a Physician to remove
nerve interference resulting from, or related
to, distortion, misalignment or subluxation of,
or in, the vertebral column.
The next matter before the Court was to amend the
responsibility of the Insurance and benefits Committee. On
motion by Commissioner Jones, seconded by Commissioner Peters,
the Court voted unanimously to remove the responsibility of
making medical recommendations and will now require the
employee to correspond directly with the 3rd party
administrator.
The Court next considered approving an Amendment to
Hospital Service Agreement with Brazos County and College
Station, Hospital, LP d/b/a College Station Medical Center and
Brazos Valley of Texas LP d/b/a the Surgical Center; attachment
VOL ~7 PAGE 4o
Commissioners' Court meeting September 2, 2003 6
"A" Reimbursement. Amend Attachment A, Reimbursement is as
follows:
All Inpatient Serv.-61.00% discount from Billed Charges
All Out Patient Serv.-57.00% discount from Billed Charges
On motion by the County Judge, seconded by Commissioner Jones,
the Court voted unanimously to approve the Amendment. A copy is
attached.
The Court next considered awarding bid No. 2003-043,
Uniforms for the Sheriff's Department. Pat Howard, Purchasing
Agent, recommended acceptance of the bid submitted by Skaggs
Uniforms. On motion by Commissioner Peters, seconded by
Commissioner Jones, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and award the contract to
Skaggs Uniforms. A copy of the bid tabulation is attached.
The Court next considered awarding bid No. 2003-040, Jail
Commissary. Pat Howard, Purchasing Agent, recommended acceptance
of the following bids:
1. 1-12;19;21;23-30 to Keefe Services/ 13-18;20;22 to
Brazos Wholesale
II. 0; 7; 12 to Bob Barker/4;6;8-9; 11 to ICS/1-
3;5;10;13 to Keefe
III. 3; 10 to Bob Barker/7 to Brazos Wholesale/ 1;6;9
to ICS/4-5 to Keefe/ reject 2 (Paper mate pens)
IV. 1-4 Keefe
V. Tennis shoes to Bob Barker
VOL 47 PAGE 1
Commissioners' Court meeting September 2, 2003 7
On motion by the County Judge, seconded by Commissioner Cauley,
the Court voted unanimously to accept the recommendations of the
Purchasing Agent and award the contract as noted. A copy of the
bid tabulation is attached.
The next matter before the Court was the declaration of
property as salvage. On motion by Commissioner Mallard,
seconded by Commissioner Cauley, the Court voted unanimously to
declare the attached list of property as salvage and authorized
the Purchasing Agent to either destroy it or declare it
worthless.
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 Arnold LeUnes on
South Oaks Drive in Precinct 1 to dispose of dead livestock. On
motion by Commissioner Jones, seconded by Commissioner Peters,
the Court voted unanimously to authorize the work.
The Court next considered the request from Verizon to
construct buried communications cable installation in the right-
of-way of Arrington Road beginning 550 feet south of Windom
Ranch Road extending for a distance of approximately 2,761 feet.
The site is located in Precinct 1. The County Engineer offered
the following exception:
VOL 24 -7 PAGE qa
Commissioners' Court meeting September 2, 2003 8
The roadway right-of-way at this location is only 45
feet wide; therefore the cable must be as close to
the fence as possible (3-5 feet) and must be buried
at least 30 inches deep. As Arrington Road will be
widened in the future, Verizon must be aware that
this cable will have to be relocated at that time.
On motion by Commissioner Jones, seconded by Commissioner
Peters, the Court voted unanimously to approve the request by
Verizon and authorized the installation subject to them
complying with the exception noted by the County Engineer. A
copy of the request is attached hereto.
The Court next considered the request from Verizon to
construct approximately 3,228 feet of buried communications
cable installation in the right-of-way, rather than the 16 foot
Public Utility Easement of Timberwilde Drive between Elmo Weedon
Road and Falcon Crest Drive. The site is located in Precinct 2.
The County Engineer recommended denial of this request because
Brazos County's regulations specify that utilities will be
placed in all Public Utility Easements where provided. It is
Verizon's responsibility to clear a path in the utility easement
and to make all arrangements with adjacent landowners on which
these easements lie. On motion by Commissioner Peters, seconded
by Commissioner Jones, the Court voted unanimously to deny the
request from Verizon. A copy of the request is attached hereto.
The Court next considered the request from Verizon to
construct a road bore and approximately 2,812 feet of buried
VOL 47 PAGE ~ a
Commissioners' Court meeting September 2, 2003 9
cable installations in the right-of-way of Mancuso Road. The
site is located in Precinct 2. The County Engineer stated that
all appeared to be in order and recommended approval. On motion
by Commissioner Peters, seconded by the County Judge, the Court
voted unanimously to approve the request from verizon and
authorized the installation. A copy of the request is attached
hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct two (2) road bores for
waterline installations in the right-of-way of Ranchero Road.
The sites are located in Precinct 3. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Mallard, seconded by Commissioner Cauley,
the Court voted unanimously to approve the request from Wickson
Creek Special Utility District and authorized the installation.
A copy of the request is attached hereto.
The Court next considered acceptance of a Deed without
Warranty from Tim Crowley to convey a portion of land within the
right-of-way of Arrington Road in Precinct 1 for roadway
improvements. On motion by Commissioner Jones, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the County Judge to accept on behalf of Brazos County a Deed
without Warranty from Tim Crowley for the expansion and
VOLq_ PAGE 44
Commissioners' Court meeting September 2, 2003 10
improvements to Arrington Road.
On motion by Commissioner Peters, seconded by Commissioner
Jones, the Court voted unanimously to receive, approve and order
filed as submitted the Treasurer's report for July 2003. A copy
of which is attached to and made a part of these minutes.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in June 2003 on the following
dates:
Regular Meetings - 3rtl, 17th, 29th
On motion by Commissioner Peter, seconded by Commissioner
Mallard, the Court voted unanimously to approve the minutes as
submitted.
There were no announcements of interest items and possible
future agenda topics.
Under Agency/Board/Committee reports by Court members, the
following spoke:
Commissioner Mallard
a. Reminded everyone that there will be a retreat on
September 12, 2003 with the cities of Bryan and College
Station and Texas A&M at the G. Rollie White farm. He
needs ideas of what we would like to discuss.
Under citizen input and/or concerns the following spoke:
Clyde Garland
a. Referring to agenda item llc, setting a maximum
dollar amount per calendar year Chiropractic care, he
VOL 47 PAGE ~ s
Commissioners' Court meeting September 2, 2003 1
thinks this will cost the County more money. He
feels people will stay home from work.
b. On agenda item 12, amend the responsibility of the
insurance committee, he suggested adding a
Chiropractor to the committee.
Constable Isaac Butler
a. Said he was glad to see the Court using the cities
of Bryan and College Station to make decisions today
and he hopes that in the future the Court will take
a kinder view on decisions comparing the two cities
and the County.
Richard Vance, County Engineer
a. Noted problems at the Citizen's Collection Station
in Precinct 2. Commissioner Jones suggested that he
write a letter to Texas Commercial Waste.
At 9:50 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to discuss the purchase of real property as
allowed under Section 551.072 of the Texas Government Code.
At 10:03 a.m. the County Judge announced the meeting open
to the public and that no action would be taken on the Closed
Executive Session.
There being no further business to come before the Court,
the meeting was adjourned.
VOL ! 7 PAGE (o
The foregoing minutes of the Commissioners Court meeting held
September 2, 2003 have been examined and are approved in open
Court this the day of AloyewIez , 2003, in Bryan,
Brazos County, Texas.
Randy ms To -one
Count Judge Commissioner, Precinct 1
Duane Peters Kenny Mallark-N
Commissioner, Precinct 2 Commissioner, ecinct
C rey C uley, Jr.
Commisgioner, Pr inc 4
Attest: ~j
aren McQueen
County Clerk
VOL PAGE Y7
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON _ 200,E AT 9s1M
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VOL~PAGE~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR
NO. 02/03-41.1 thru 02/0341.4
On this the god day of September 2003 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on September 2, 2003 the Court heard and approved a budget amendment for the
2002-2003 budget year for Brazos County, Texas.
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 August 23, 2002 the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 2nd day of September, 2003.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By:
Rand iVmsZCountyJu . dge
Original: County Clerk's Office and attached to the
original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL 47 PAGE Sa
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0341.1
9/2/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
17 110700 734000 Dr. Dis ute Resolution Ctr $ 3,000.00
17 410060 Cr. Fees-Dispute Resolution Ctr $ 3,000.00
Alternative Dispute Resolution Fun
To increase revenue and expenditures for the FYE 9/30/03 for unanticipated revenues and
the a ro riate expenditures of the same.
$ 6,000.00 $ -
9
VOL 4-7 PAGE 51
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0341.2
9/2/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280001 653500 Dr. Gasoline $ 7,017.00.
01 280001 600800 Cr. Clothing/Uniforms 1,098.00
01 280001 601900 Cr. Crime Prevention 173.00
01 280001 603200 Cr. Firearms Readiness 946.00
01 280001 610100 Cr. Advertising 1,200.00
01 280001 611200 Cr. Confidential Awds 330.00
01 280001 614500 Cr. Miscellaneous 210.00
01 280001 615000 Cr. Printing 400.00
01 280001 655500 Cr. Radio Maintenance $ 1,000.00
01 280001 659500 Cr. Vehicle Maintenance $ 1,000.00
01 280001 673420 Cr. Furniture 205.00
01 280001 715000 Cr. Rental -Equipment 276.00
01 280001 715020 Cr.. Rental - Facility 179.00
Sheriff Administration
To reclassi bud et to allow enough funds for gasoline for the FYE 9/30/03.
$ 7,017.00 $ 7,017.00
~ I I
VOL 4-) PAGE 5a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0341.3
9/2/2003
FD DIV ACCT' PROJ DR/CR ACCOUNT NAME Increase Decrease
01 302011 653500 Dr. Gasoline $ 625.00
01 110015 611300 Cr. Contingency 625.00
Constable Precinct 2
To increase the gasoline line item for antici ated expenditures tbrou t tho,FYE 9/30/03.
$ 625.00 Is 625.00
~PAGE X53
YOL 4
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0341.4
912/2003
FD DIV ACCT PROD DR/CR ACCOUNTNAME Increase Decrease
01 200001 802030 DR Computer Hardware $ 27,500.00
01 200001 802110 DR Com uter Software $ 14,400.00
01 200001 802050 DR Com uter - Network Costs $ 300.00
01 200001 710200 DR Computer Contracts $ 1,200.00
01 110100 722010 CR Court Appointed Attorrle CCL#r 21,700.00
01 110100 722020 CR Court Appointed Attorneys CCL#2 21,700.00
District Clerk- To allow for the purchase of 3 scanner stations. Area for stations needs network cabling,
Costs include Im rinte lion for 5 scanners, and additions to current EA agreement with Microsoft.
S 43,400.00 $ 43,400.00
VOL Lf~ PAGE 54
PERSONNEL CHANGE OF STATUS
I .
COURT DATE: September 2, 2003
DEPARTMENT: Personnel
PURPOSE: AR~rove Personnel Change of Status
.
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
DISTRICT CLERK/ WILDEN, SUSAN PROMOTION
COLLECTIONS LENZ,SYLVIA TRANSFERFROM
COLLECTIONS WITH
PROMOTION
BERGERON, JOAN TRANSFER FROM DIST.
CLERK WITH PROMOTION
SMOLINSKY, LAUREN NEW HIRE - FULL TIME
SHERIFF'S OFFICE MARTINEZ, PAUL PROMOTION
SHERIFF'S OFFICE/JAIL COBB, ERIN RESIGNATION
LOVE, SHARON PROMOTION
JUVENILE SERVICES GREEN, BRANDY TRANSFER WITHIN DEPT.
MEDINA, DIANE NEW HIRE - TEMPORARY
GREEN, DEBRA NEW HIRE - TEMPORARY
BAZY, LEROY NEW HIRE - TEMPORARY
ROBINSON, LEONARD NEW HIRE - TEMPORARY
POSEY,DARODRICK NEWHIRE -TEMPORARY
AYERS, VIRGENA NEW HIRE - FULL TIME.
ROAD AND BRIDGE KELLY; DAVID E. RESIGNATION
Approved in Commissioners' Court: S tember 2 2
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
VOL 47 PAGE 65
STATE OF TEXAS
COUNTY OF BRAZOS
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County,
and Guff Coast Trades Center, hereinafter called Service Agency, by this Agreement, and in consideration of
the mutual promises set forth below, agree that:
1. PROVISION OF SERVICES
The Service Agency agrees to provide the following services, which shall be limited to alleged or
adjudicated juvenile offenders in licensed child care facilities:
Level 111-$81.88; Level IV-$91.22.
A. For and in consideration of the above described services, Brazos County agrees to pay the
Service Agency an amount not to exceed Level III-$81.88, Level IV-$91.22. This fee does not
exceed the actual cost of child care in the Service Agency, which is the same as above, and
does not exceed the amount allowed in the current Criminal Justice Division/Health and
Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not
exceed awarded grant amount.
B. If a child is certified to be eligible for the Title IV-E Reimbursement Program and the rate stated
in Section I.A. above is different that the Level of Care rate assigned to that child as per the
Health and Human Services Code, that child will be billed at the actual Level of Care rate.
C. Recognizing that a part of a client's rehabilitation program may include time away from the
residential setting of the Service Agency such as weekends, holidays, etc., and that the Service
Agency must retain space for this client until his return, Brazos County will pay the Service
Agency the above agreed upon amount for such regularly scheduled days away from the
Service Agency or its program providing they do not exceed ten (10) days' payment.
D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be
notified immediately. It the client returns to the Service Agency within ten (10) days or prior to
the last billing day of the month, whichever shall occur first. the Service Agency shall receive
payment for those days the client was absent from the Service Agency, but not to exceed ten
(10) days' payment.
E. The Service Agency is under no obligation to retain space for the client in unauthorized
departure situations.
F. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10)
days from the last day of the month for which payment is being requested.
G. Each billing should contain the name of the client or clients for whom payment is being
requested, along with the number of days (stated consecutively) for which payment is
requested.
H. The Service Agency is under no obligation to accept a client who is deemed inappropriate for
placement in the program by the Service Agency.
1. The Service Agency shall be licensed by the Texas Department of Public and Regulatory
Services or an equally equivalent agency for their programs.
Gulf Coast Trades Center - Contract Period 09/01/03 - 08/31/04 Page 7 of 6
VOL __7 _PAGE alp
J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety
standards.
K. If a child in placement at the Service Agency makes an unauthorized departure, becomes
seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the
Brazos County Placement Officer immediately and ensure that parents and proper authorities,
including the Texas Department of Public and Regulatory Services, are notified.
L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its
discretion. The Service Agency must not release the child to any person or agency other than
Brazos County without the express consent of Brazos County.
M. Brazos County must approve the child's participation in any furloughs, home visits, or extended
agency trips.
N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives
at the home in accordance with established Service Agency policies.
0. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County
Placement Officer and the Department of Public and Regulatory Services.
H. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT
A. Each client placed with the Service Agency shall have a written Case Plan developed in
concert with the client and mutually agreed upon by the appropriate Service Agency staff and
appropriate Brazos County personnel prior to placement.
B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and
appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to
assess the client's progress with modification of the Case Plan being made when indicated.
C. The Case Plan shall contain the reasons why the placement will 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 Service Agency placement; and shall state how the
parent(s), guardian(s), and where possible, grandparents or other extended family members
will be involved in the Case Plan to assist in preventing or controlling the client's alleged
delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family
Code.
.D. Copies of the original Case Plan and the periodic review are to be maintained by the Service
Agency and the Brazos County Placement Officer.
E. Goals, Outputs, and Measurable Outcomes:
1. The Service Agency agrees to pursue the goals and values of the Brazos County
Juvenile Probation Department through providing services to clients which enable client
growth and development to the client's fullest potential. This development will be
through the provision of a safe, drug-free environment in which counseling services are
utilized as tools for educational, emotional, and behavioral catharsis.
2. The Service Agency shall provide the Brazos County Juvenile Probation Department, .
within ten (10) working days, information which outlines the services provided to clients.
These output measures might include, but are not limited to:
a. Average length of stay of clients.
b. Specific type of milieu implemented by the Service Agency.
Gait Coast Trades Center - Contract Period 09/01/03 - 08/31104 Page 2 of 6
VOL 47 PAGE raj
C. Average number of counseling hours provided each client daily, weekly, or
monthly.
d. Number and types of reporting measures.
3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department
the annual indicators which express the effectiveness of the Service Agency in providing
public benefit.
These measurable outcomes will be submitted annually and may include:
a. The percentage of clients successfully completing the program.
b. The percentage of clients who are reunified with family or guardians.
C. The percentage of youth who remain drug-free, do not re-offend, and/or remain
in school for a designated aftercare period.
III. EXAMINATION OF PROGRAM AND RECORDS
A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its
program of services provided under the terms of this Contract and to review Brazos County
client records. This examination and evaluation of the program will include unscheduled site
visitations, observation of programs in operation, interviews, and the administration of
questionnaires to the staff of the Service Agency and the client.
B. The Service Agency shall provide Brazos County such descriptive information on contracted
clients as requested on forms provided by Brazos County.
C. The Service Agency shall provide Brazos County their annual TJPC Facility Monitoring Report,
facility Registry information, TDPRS and TCADA monitoring or standards compliance reports, and
child abuse and neglect investigation statistics. These shall be provided annually prior to
contract execution.
D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc-
tion by an authorized representative of Brazos County, books, documents, and other evidence
pertaining to the cost and expenses of this Contract, hereinafter called the Records. This
includes profit and loss statement, annual financial statements, and outside, independent
audits. These documents will be provided to Brazos County prior to entering into or renewing
contract.
E. The Service Agency agrees to maintain these Records for three (3) years after final payment or
until the State-approved audit has been made and all questions therefrom are resolved.
F. The Service Agency shall adhere to all applicable state and federal laws and Regulations
pertinent to the Service Agency's provision of services to Brazos County.
G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to
receive the specified grant, loan, or payment and acknowledges that this contract may be
terminated and payment may be withheld if this certification is inaccurate.
IV. FEE ASSESSMENT
A. Clients or their families shall not be assessed fees for services by the Service Agency unless
arrangements are specified by the Court. This does not preclude reasonable attempts to seek
voluntary contribution from families of County clients for donations of clothing, personal articles,
and funds to assist in supporting a youth's rehabilitation.
Gulf Coast Trades Center - Contract Period 09/01/03 - 08/31/04 Page 3 01 6
VOL 7 PAGE ~8
B. Any and all medical treatments required to meet the needs of the child shall be the sole
responsibility of the said child's parent(s), guardian(s), or court-ordered appointed conservator,
by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or
other expenses not provided for in the Service Agency's program. It is the Service Agency's
responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible
for medical expenses for a child who is Medicaid eligible. In the event that the parent or
guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation
Department will assume such to a limited extent provided funds are available and prior
authorization by the Chief Executive Officer has been secured, accepting only genuine
medical emergencies.
C. If a client is eligible for fiscal support from another state agency or organization, the Service
Agency shall ensure that Brazos County is not charged for such fiscal support for which the
client is otherwise eligible.
D. The Service Agency agrees to account separately for the receipt and expenditure of any and
all state funds received from Brazos County. These state funds are dispersed through the Texas
Juvenile Probation Commission to fund residential care. These records will be included in the
information provided to Brazos County at the time of contract renewal or execution of an initial
contract.
V. EQUAL OPPORTUNITY
Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The
Service Agency will not discriminate against any employee, applicant for employment, or client
because of race, religion, color, sex, national origin, age, or handicapping condition.
The Service Agency 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.
VI. OFFICIALS NOT TO BENEFIT
No officer, member, or employee of Brazos 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 under-
taking or carrying out of this project, shall participate in any decision relating to this Contract which
affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this
Contract or the proceeds thereof.
VII. INDEMNIFICATION
It is further agreed that the Service Agency 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 of the Service Agency, its agents, servants, or employees arising from
activities under this Contract. The Service Agency shall have no obligations to indemnify and hold
harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's
agents, servants, or employees arising from or related to this Contract from which a claim or other
action is made.
VIII. DEFAULT
Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part
of this Contract in any one of the following circumstances:
A. If the Service Agency fails to perform the work called from by this Contract within the time
specified herein or any extension thereof; or
Gulf Coast Trades Center - Contract Period 09101/03 - 08/31/04 Page 4 of 6
VOL_-7PAGE
B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails-to
prosecute the work as to endanger performance of this Contract in accordance to its terms,
and in either of these two circumstances does not cure such failure within a period of ten (10)
days (or such extension as authorized by Brazos County In writing) after receiving notice of
default.
C. In the instance where a breach of contract by default occurs, payment will be refunded to
Brazos County by the Service Agency.
IX. DANGEROUS CHILDREN
The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the
Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief
Executive Officer or his designee of any threatened or potentially dangerous situation which may arise
from or in conjunction with any services the Service Agency provides hereunder. The Service Agency
further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for
any damages arising therefrom, on the part of any persons with whom the Service Agency works or
comes into contact with pursuant to this Agreement.
X. TERMINATION
A. This contract may be terminated by either party by giving ten (10) days written notice to the
other party hereto of the intention to terminate.
B. Termination of the clients residence with or receipt of services from the Service Agency shall
occur only after notifying the Brazos County Placement Officer of the causes and with sufficient
lead time of at least ten (10) days to allow alternate placement or referral for service.
XI. LAW AND VENUE
In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in
Brazos County.
XII. CONTRACT PERIOD
The contract period will begin on the 1 st day of September, 2003, and will terminate on the 31st day of
August, 2004.
BRAZOS COUNTY
-47T C~
Randy Sims, C my Judge Date
Brazos Coun Texas
1
&~h~ondo Gilchrist, Chief Executive Officer Date
Juvenile Services Department
Gulf Coast Trades Center- Contract Period 09/01/03 - 08/31/04 Page 5 of 6
VOL 47 PAGE (PD
SERVICE AGENCY
i -
Authorized Signature Date
Itib nA*5 M . owe Cf(cc~t/~,~ t2 ~
PRINTED name of person signing this Contract Title
PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER:
Gulf Coast Trades center 936/344-5673
143 Forest Service Road #233
New Waverly, Texas 77358
PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER:
Gulf Coast Trades Center 436/344-6677
143 Forest Service Road #233
New Waverly, Texas 77358
PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER:
Linda Whitworth 74-1694949
CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER:
Lydia Barard 713/940-5206
Gult Coast Trades Center - Contract Period 09/01/03 - 08/31/04 Page 6 of 6
247 PAGE (1
„,r+TE OF TEXAS
COUNTY OF BRAZOS
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County,
and Still Creek Ranch, hereinafter called Service Agency, by this Agreement, and in consideration of the
mutual promises set forth below, agree that:
1. PROVISION OF SERVICES
The Service Agency agrees to provide the following services, which shall be limited to alleged or
adjudicated juvenile offenders in licensed child care facilities:
LEVEL III, $81.88.
A. For and in consideration of the above described services, Brazos County agrees to pay the
Service Agency an amount not to exceed Level III, $81.88. This fee does not exceed the actual
cost of child care in the Service Agency, which is the same as above, and does not exceed the
amount allowed in the current Criminal Justice Division/Health and Human Services Maximum
Rate Schedule. Total reimbursement under this contract shall not exceed awarded grant
amount.
B. If a child is certified to be eligible for the Title IV-E Reimbursement Program and the rate stated
in Section I.A. above is different that the Level of Care rate assigned to that child as per the
Health and Human Services Code, that child will be billed at the actual Level of Care rate.
C. Recognizing that a part of a client's rehabilitation program may include time away from the
residential setting of the Service Agency such as weekends, holidays, etc., and that the Service
Agency must retain space for this client until his return, Brazos County will pay the Service
Agency the above agreed upon amount for such regularly scheduled days away from the
Service Agency or its program providing they do not exceed ten (10) days' payment.
D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be
notified immediately. If the client returns to the Service Agency within ten (10) days or prior to
the last billing day of the month, whichever shall occur first, the Service Agency shall receive
payment for those days the client was absent from the Service Agency, but not to exceed ten
(10) days' payment.
E. The Service Agency is under no obligation to retain space for the client in unauthorized
departure situations.
F. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10)
days from the last day of the month for which payment is being requested.
G. Each billing should contain the name of the client or clients for whom payment is being
requested, along with the number of days (stated consecutively) for which payment is
requested.
H. The Service Agency is under no obligation to accept o'client who is deemed inappropriate for
placement in the program by the Service Agency.
1. The Service Agency shall be licensed by the Texas Department of Public and Regulatory
Services or an equally equivalent agency for their programs.
Still Creek Ranch - Contract Period 09/01/03-08/31/04 Pagel of 6
VOL 10 PAGE 6a
J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety
standards.
K. If a child in placement at the Service Agency makes an unauthorized departure, becomes
seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the
Brazos County Placement Officer immediately and ensure that parents and proper authorities,
including the Texas Department of Public and Regulatory Services, are notified.
L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its
discretion. The Service Agency must not release the child to any person or agency other than
Brazos County without the express consent of Brazos County.
M. Brazos County must approve the child's participation in any furloughs, home visits, or extended
agency trips.
N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives
at the home in accordance with established Service Agency policies.
0. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County
Placement Officer and the Department of Public and Regulatory Services.
II. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT
A. Each client placed with the Service Agency shall have a written Case Plan developed in
concert with the client and mutually agreed upon by the appropriate Service Agency staff and
appropriate Brazos County personnel prior to placement.
B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and
appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to
assess the client's progress with modification of the Case Plan being made when indicated.
C. The Case Plan shall contain the reasons why the placement will 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 Service Agency placement; and shall state how the
parent(s), guardian(s), and where possible, grandparents or other extended family members
will be involved in the Case Plan to assist in preventing or controlling the client's alleged
delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family
Code.
D. Copies of the original Case Plan and the periodic review are to be maintained by the Service
Agency and the Brazos County Placement Officer.
E. Goals, Outputs, and Measurable Outcomes:
1. The Service Agency agrees to pursue the goals and values of the Brazos County
Juvenile Probation Department through providing services to clients which enable client
growth and development to the client's fullest potential. This development will be
through the provision of a safe, drug-free environment in which counseling services are
utilized as tools for educational, emotional, and behavioral catharsis.
2. The Service Agency shall provide the Brazos County Juvenile, Probation Department,
within ten (10) working days, information which outlines the services provided to clients.
These output measures might include, but are not limited to:
a. Average length of stay of clients.
b. Specific type of milieu implemented by the Service Agency.
Still Creek Ranch - contract Period 09/01/03 - 08/31/04 Page 2 of 6
VOL q7 PAGE 13
C. Average number of counseling hours provided each client daily, weekly, or
monthly.
d. Number and types of reporting measures.
3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department
the annual indicators which express the effectiveness of the Service Agency in providing
public benefit.
These measurable outcomes will be submitted annually and may include:
a. The percentage of clients successfully completing the program.
b. The percentage of clients who are reunified with family or guardians.
C. The percentage of youth who remain drug-free, do not re-offend, and/or remain
in school for a designated aftercare period.
III. EXAMINATION OF PROGRAM AND RECORDS
A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its
program of services provided under the terms of this Contract and to review Brazos County
client records. This examination and evaluation of the program will include unscheduled site
visitations, observation of programs in operation, interviews, and the administration of
questionnaires to the staff of the Service Agency and the client.
B. The Service Agency shall provide Brazos County such descriptive information on contracted
clients as requested on forms provided by Brazos County.
C. The Service Agency shall provide Brazos County their annual TJPC Facility Monitoring Report,
facility Registry information, TDPRS and TCADA monitoring or standards compliance reports, and
child abuse and neglect investigation statistics. These shall be provided annually prior to
contract execution.
D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc-
tion by an authorized representative of Brazos County, books, documents, and other evidence
pertaining to the cost and expenses of this Contract, hereinafter called the Records. This
includes profit and loss statement, annual financial statements, and outside, independent
audits. These documents will be provided to Brazos County prior to entering into or renewing
contract.
E. The Service Agency agrees to maintain these Records for three (3) years after final payment or
until the State-approved audit has been made and all questions therefrom are resolved.
F. The Service Agency shall adhere to all applicable state and federal lows and Regulations
pertinent to the Service Agency's provision of services to Brazos County.
G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to
receive the specified grant, loan, or payment and acknowledges that this contract may be
terminated and payment may be withheld if this certification is inaccurate.
IV. FEE ASSESSMENT
A. Clients or their families shall not be assessed fees for services by the Service Agency unless
arrangements are specified by the Court. This does not preclude reasonable attempts to seek
voluntary contribution from families of County clients for donations of clothing, personal articles,
and funds to assist in supporting a youth's rehabilitation.
Still Creek Ranch - Contract Period 09/01/03 - 08/31104 Page 3 of 6
VOL47 PAGE 64
B. Any and all medical treatments required to meet the needs of the child shall be the sole
responsibility of the said child's parent(s), guardian(s), or court-ordered appointed conservator,
by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or
other expenses not provided for in the Service Agency's program. It is the Service Agency's
responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible
for medical expenses for a child who is Medicaid eligible. In the event that the parent or
guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation
Department will assume such to a limited extent provided funds are available and prior
authorization by the Chief Executive Officer has been secured, accepting only genuine
medical emergencies.
C. If a client is eligible for fiscal support from another state agency or organization, the Service
Agency shall ensure that Brazos County is not charged for such fiscal support for which the
client is otherwise eligible.
D. The Service Agency agrees to account separately for the receipt and expenditure of any and
all state funds received from Brazos County. These state funds are dispersed through the Texas
Juvenile Probation Commission to fund residential care. These records will be included in the
information' provided to Brazos County at the time of contract renewal or execution of an initial
contract.
V. EQUAL OPPORTUNITY
Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964, The
Service Agency will not discriminate against any employee, applicant for employment, or client
because of race, religion, color, sex, national origin, age, or handicapping condition.
The Service Agency 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.
VI. OFFICIALS NOT TO BENEFIT
No officer, member, or employee of Brazos 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 under-
taking or carrying out of this project, shall participate in any decision relating to this Contract which
affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this
Contract or the proceeds thereof..
VII. INDEMNIFICATION
It is further agreed that the Service Agency 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 of the Service Agency, its agents, servants, or employees arising from
activities under this Contract. The Service Agency shall have no obligations to indemnify and hold
harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's
agents, servants, or employees arising from or related to this Contract from which a claim or other
action is made.
VIII. DEFAULT
Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part
of this Contract in any one of the following circumstances:
A. If the Service Agency fails to perform the work called from by this Contract within the time
specified herein or any extension thereof; or
still Creek Ranch - Contract Period 09/01 /03 - 08/31/04 Page 4 of 6
VOL4-7 PAGE 106
B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to
prosecute the work as to endanger performance of this Contract in accordance to its terms,
and in either of these two circumstances does not cure such failure within a period of ten-(10)
days (or such extension as authorized by Brazos County in writing) after receiving notice of
default.
C. In the instance where a breach of contract by default occurs, payment will be refunded to
Brazos County by the Service Agency.
IX. DANGEROUS CHILDREN
The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the
Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief
Executive Officer or his designee of any threatened or potentially dangerous situation which may arise
from or in conjunction with any services the Service Agency provides hereunder. The Service Agency
further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for
any damages arising therefrom, on the part of any persons with whom the Service Agency works or
comes into contact with pursuant to this Agreement.
X. TERMINATION
A. This contract may be terminated by either party by giving ten (10) days written notice to the
other party hereto of the intention to terminate.
B. Termination of the clients residence with or receipt of services from the Service Agency shall
occur only after notifying the Brazos County Placement Officer of the causes and with sufficient
lead time of at least ten (10) days to allow alternate placement or referral for service.
XI. LAW AND VENUE
In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in
Brazos County.
XII. CONTRACT PERIOD
The contract period will begin on the 1st day of September, 2003, and will terminate on the 31st day of
August, 2004.
BRAZOS COUNTY
Randy Sims ounty Judge Date
Brazos C^nty, Texas
• ~ r
Ronda E. Gilchrist, Chief Executive Officer Date
Juvenile Services Department
Still Creek Ranch - Contract Period 09/01/03 - 08/31/04 Page 5 of b
VOL~PAGE b b
SERVICE AGENCY
~ f -
Authorized Sign a Date 11 -
WQ y\ Yl 1, Yvl \ V\b`~'F,(~g,,~pY - -
PRINTED nobe of person signing this Contract Title
PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER:
tooss R~
PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER:
PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER:
CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER:
Still Creek Ranch -Contract Period 09/01/03-06/31/04 Page 6 of 6
VOLq-3 PAGE_&7
STATE OF TEXAS
COUNTY OF BRAZOS
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County,
and Lutheran Social Services, hereinafter called Service Agency, by this Agreement, and in consideration of
the mutual promises set forth below, agree that:
1. PROVISION OF SERVICES
The Service Agency agrees to provide the following services, which shall be limited to alleged or
adjudicated juvenile offenders in licensed child care facilities:
Level V-$121.55; Level VI-$206.60.
A. For and in consideration of the above described services, Brazos County agrees to pay the
Service Agency an amount not to exceed Level V-$121.55, Level VI-$206.60. This fee does not
exceed the actual cost of child care in the Service Agency, which is the some as above, and
does not exceed the amount allowed in the current Criminal Justice Division/Health and
Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not
exceed awarded grant amount.
B. If a child is certified to be eligible for the Title IV-E Reimbursement Program and the rate stated
in Section I.A. above is different that the Level of Care rate assigned to that child as per the
Health and Human Services Code, that child will be billed at the actual Level of Care rate.
C. Recognizing that a part of a client's rehabilitation program may include time away from the
residential setting of the Service Agency such as weekends, holidays, etc., and that the Service
Agency must retain space for this client until his return, Brazos County will pay the Service
Agency the above agreed upon amount for such regularly scheduled days away from the
Service Agency or its program providing they do not exceed ten (10) days' payment.
D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be
notified immediately. If the client returns to the Service Agency within ten (10) days or prior to
the last billing day of the month, whichever shall occur first, the Service Agency shall receive
payment for those days the client was absent from the Service Agency, but not to exceed ten
(10) days' payment.
E. The Service Agency is under no obligation to retain space for the client in unauthorized
departure situations.
F. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10)
days from the last day of the month for which payment is being requested.
G. Each billing should contain the name of the client or clients for whom payment is being
requested, along with the number of days (stated consecutively) for which payment is
requested.
H. The Service Agency is under no obligation to accept a client who is deemed inappropriate for
placement in the program by the Service Agency.
1. The Service Agency shall be licensed by the Texas Department of Public and Regulatory
Services or an equally equivalent agency for their programs.
Lutheran Social Services - Contract Period 09/01/03 - 08131/04 Pagel of 6
VOL4-7 PAGE loin
J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety
standards.
K. If a child in placement at the Service Agency makes an unauthortzed departure, becomes
seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the
Brazos County Placement Officer immediately and ensure that parents and proper authorities,
including the Texas Department of Public and Regulatory Services, are notified.
L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its
discretion. The Service Agency must not release the child to any person or agency other than
Brazos County without the express consent of Brazos County.
M. Brazos County must approve the child's participation in any furloughs, home visits, or extended
agency hips.
N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives
at the home in accordance with established Service Agency policies.
0. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County
Placement Officer and the Department of Public and Regulatory Services.
IL INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT
A. Each client placed with the Service Agency shall have a written Case Plan developed in
concert with the client and mutually agreed upon by the appropriate Service Agency staff and
appropriate Brazos County personnel prior to placement.
B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and
appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to
assess the client's progress with modification of the Case Plan being made when indicated.
C. The Case Plan shall contain the reasons why the placement will 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 Service Agency placement; and shall state how the
parent(s), guardian(s), and where possible, grandparents or other extended family members
will be involved in the Case Plan to assist in preventing or controlling the client's alleged
delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family
Code.
D. Copies of the original Case Plan and the periodic review are to be maintained by the Service
Agency and the Brazos County Placement Officer.
E. Goals, Outputs, and Measurable Outcomes:
1. The Service Agency agrees to pursue the goals and values of the Brazos County
Juvenile Probation Department through providing services to clients which enable client
growth and development to the client's fullest potential. This development will be
through the provision of a safe, drug-free environment in which counseling services are
utilized as tools for educational, emotional, and behavioral catharsis.
2. The Service Agency shall provide the Brazos County Juvenile Probation Department,
within ten (10) working days, information which outlines the services provided to clients.
These output measures might include, but are not limited to:
a. Average length of stay of clients.
b. Specific type of milieu implemented by the Service Agency.
Lutheran Social Services - contract Period 09/01/03 - 06/31104 Page 2 of 6
VOL L7 PAGE
C. Average number of counseling hours provided each client daily, weekly, or
monthly.
d. Number and types of reporting measures.
3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department
the annual indicators which express the effectiveness of the Service Agency in providing
public benefit.
These measurable outcomes will be submitted annually and may include:
o. The percentage of clients successfully completing the program.
b. The percentage of clients who are reunified with family or guardians.
C. The percentage of youth who remain drug-free, do not re-offend, and/or remain
in school for a designated aftercare period.
III. EXAMINATION OF PROGRAM AND RECORDS
A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its
program of services provided under the terms of this Contract and to review Brazos County
client records. This examination and evaluation of the program will include unscheduled site
visitations, observation of programs in operation, interviews, and the administration of
questionnaires to the staff of the Service Agency and the client.
B. The Service Agency shall provide Brazos County such descriptive information on contracted
clients as requested on forms provided by Brazos County.
C. The Service Agency shall provide Brazos County their annual TJPC Facility Monitoring Report,
facility Registry information, TDPRS and TCADA monitoring or standards compliance reports, and
child abuse and neglect investigation statistics. These shall be provided annually prior to
contract execution.
D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc-
tion by an authorized representative of Brazos County, books, documents, and other evidence
pertaining to the cost and expenses of this Contract, hereinafter called the Records. This
includes profit and loss statement, annual financial statements, and outside, independent
audits. These documents will be provided to Brazos County prior to entering into or renewing
contract.
E. The Service Agency agrees to maintain these Records for three (3) years after final payment or
until the State-approved audit has been made and all questions therefrom are resolved.
F. The Service Agency shall adhere to all applicable state and federal laws and Regulations
pertinent to.the Service Agency's provision of services to Brazos County.
G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to
receive the specified grant, loan, or payment and acknowledges that this contract may be
terminated and payment may be withheld if this certification is inaccurate.
IV. FEE ASSESSMENT
A. Clients or their families shall not be assessed fees for services by the Service Agency unless
arrangements are specified by the Court. This does not preclude reasonable attempts to seek
voluntary contribution from families of County clients for donations of clothing, personal articles,
and funds to assist in supporting a youth's rehabilitation.
Lutheran Social Services - Cmfraci Period 09/01/03 - 08/31/04 Page 3 of 6
VOL 41 PAGE 7O
B. Any and all medical treatments required to meet the needs of the child shall be the sole
responsibility of the said child's parent(s), guardian(s), or court-ordered appointed conservator,
by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or
other expenses not provided for in the Service Agency's program. It is the Service Agency's
responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible
for medical expenses for a child who is Medicaid eligible. In the event that the parent or
guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation
Department will assume such to a limited extent provided funds are available and prior
authorization by the Chief Executive Officer has been secured, accepting only genuine
medical emergencies.
C. If a client is eligible for fiscal support from another state agency or organization, the Service
Agency shall ensure that Brazos County is not charged for such fiscal support for which the
client is otherwise eligible.
D. The Service Agency agrees to account separately for the receipt and expenditure of any and
all state funds received from Brazos County. These state funds are dispersed through the Texas
Juvenile Probation Commission to fund residential care. These records will be included in the
information provided to Brazos County at the time of contract renewal or execution of an initial
contract.
V. EQUAL OPPORTUNITY
Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The
Service Agency will not discriminate against any employee, applicant for employment, or client
because of race, religion, color, sex, national origin, age, or handicapping condition.
The Service Agency 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.
Vl. OFFICIALS NOT TO BENEFIT
No officer, member, or employee of Brazos 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 under-
taking or carrying out of this project, shall participate in any decision relating to this Contract which
affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this
Contract or the proceeds thereof.
VII. INDEMNIFICATION
It is further agreed that the Service Agency 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 of the Service Agency, its agents, servants, or employees arising from
activities under this Contract. The Service Agency shall have no obligations to indemnify and hold
harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's
agents, servants, or employees arising from or related to this Contract from which a claim or other
action is made.
VIII. DEFAULT
Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part
of this Contract in any one of the following circumstances:
A. If the Service Agency fails to perform the work called from by this Contract within the time
specified herein or any extension thereof; or
Wtheran Social Services - Contract Period 09/01 /03 - 08/31/04 Page A of 6
VQL q' nu -7
B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to
prosecute the work as to endanger performance of this Contract In accordance to its terms,
and in either of these two circumstances does not cure such failure within a period of ten-(10)
days (or such extension as authorized by Brazos County in writing) after receiving notice of
default.
C. In the instance where a breach of contract by default occurs, payment will be refunded to
Brazos County by the Service Agency.
IX. DANGEROUS CHILDREN
The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the
Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief
Executive Officer or his designee of any threatened or potentially dangerous situation which may arise
from or in conjunction with any services the Service Agency provides hereunder. The Service Agency
further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for
any damages arising therefrom, on the part of any persons with whom the Service Agency works or
comes into contact with pursuant to this Agreement.
X. TERMINATION
A. This contract may be terminated by either party by giving ten (10) days written notice to the
other party hereto of the intention to terminate.
B. Termination of the clients residence with or receipt of services from the Service Agency shall
occur only after notifying the Brazos County Placement Officer of the causes and with sufficient
lead time of at least ten (10) days to allow alternate placement or referral for service.
A. LAW AND VENUE
In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in
Brazos County.
XII. CONTRACT PERIOD
The contract period will begin on the 1st day of September, 2003, and will terminate on the 31st day of
August, 2004.
BRAZOS COUNTY
Randy Sims, ounty Judge Date
Brazos C nty. Texas
Ronda E. Gilchrist, Chief Executive Officer Date
Juvenile Services Department
Lutheran Social Services - Contract Period 09/01/03 - 08/31/04 Page 5 of 6
VOL 4 7 PAGE
,SERVICE AGENCY
Authorized Signat re Date
DRU 1 D Vice. 1,wslcien+ ze CA-, I(A +90g ;Im ~eRO i e5
PRINTED name of persomisigning this Contract Title
PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER:
See a.NucheA L.J
PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER:
8305 QROSS P Rftk ba- A,,Oj w T-K -I Y l b-4 rJ' I Z - 'A59-1000
t?0 (6a 140D1orl Ai b-kv3 7X -IX-714
PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER:
1-lsa YPfP.~ ILA - 1109945-8,
CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER:
See krAC fl M I k4.
Lutheran Social Services - Contract Period 09/01/03 - 06/31/04 Page 6 of 6
VOLWPAGE-
Lutheran Social Services of the South, Inc.
Administrative Office, Contracts Administrative Office, Accounts Payable
David Yarborough, VP Child & Family Services Lisa Perez
8305 Cross Park Dr PO BOX 140767
Austin TX 78754 Austin TX 78714-0767
Bokenkamp Residential Treatment Center Maria Thompson, Residential Contract Manager
Joe Miller, Executive Director TDPRS
5517 S Alameda St 4201 Greenwood Drive
Corpus Christi TX 78412 Corpus Christi, Texas 78416
361-994-1214 361-878-7517
Krause Residential Treatment Center Sandra Wright, Residential Contract Manager
Phil Ashford, Executive Director TDPRS
5638 Medical Center Dr 2525 Murworth
Katy TX 77494 Houston, Texas 77054
281-392-7505 713-3944126
Nelson Residential Treatment Center Brenda Latham, Residential Contract Manager
Bill Brattvet, Executive Director TDPRS
46011-35 North 1200 E. Copeland, Suite 310
Denton TX 76207 Arlington, Texas 76011
9401384-8232 817-7924400
New Life Residential Treatment Center Veronica Ramirez, Residential Contract Manager
Martha.Wynn, Executive Director TDPRS .
650 Scarborough Rd 355 E Texas Ave Ste 200
Canyon Lake TX 78133 Round Rock, TX 78664
830-964-4390 512-388-6208
dOLL+-7 PAGE 1{'
MEMORANDUM OF UNDERSTANDING
BETWEEN THE BRAZOS COUNTY JUVENNILE BOARD
AND SAN ANTONIO POSITIVE SOLUTIONS, INC.
(POSITIVE SOLUTIONS CHARTER SCHOOL)
FOR THE 2003-2004 SCHOOL YEAR
This Memorandum of Understanding (MOU) is entered into between the Brozos
County Juvenile Board (BCJB) and Positive Solutions Charter School located at 1325
North Flores, Suite 100, San Antonio, TX 78212.
PURPOSE
The purpose of this MOU is for Positive Solutions Charter School to provide
educational-services to the Brazos County Academy (BCA) program.. The BCA program
serves as alternative placement for Juvenile dispositions.
RESPONSIBILITIES OF THE BRAZO COUNTY JUVENILE BOARD
The BCJB will provide the facility, (to include general maintenance) utilities, (to
include telephone/s and inter-net access) furniture, (to include student table, chairs,
computer hardware) for the operations of the Brazos County Academy program. BCJB
will also provide an on-site Probation Officer for case management and supervision of
the students assigned to the Brazos County Academy, and Activities Instructor/s to
provide security, maintenance of student discipline and auxiliary services to include
counseling, anger management, motivational and physical education classes, etc. BCJB
will provide one instructor to assist with academic instructional services at the Academy.
The Special Program Manager will provide the supervision of all county personnel
assigned to the Brazos County Academy and the ultimate responsibility of all county
personnel assigned to the "program belongs to the Chief Executive Officer of the Brazos
County Juvenile Services Department.
RESPONSIBLITIES OF POSITIVE SOLUTIONS CHARTER SCHOOL
Positive Solutions Charter School will provide all aspects of the appropriate
educational services for the Brazos County Academy program that are legally required by
the State of Texas. This will include a teacher-student class ratio of 1:18 andone (1) full
time Office Assistant. Positive Solutions Charter School will provide two four hours
blocks class session (AM session 8:00 a.m. to 12: 00 noon and PM session 1:00 p.m. to
5:00 p.m.). Curriculum, assessment, technology, and A mandated requirements set by
the State of Texas Education Agency through the Texas Education Code as it applies to
Charter Schools in the State of Texas will be provide by Positive Solutions Charter
VOLq~ PAGE 7-5
School. Positive Solutions Charter School will make its best effort to meet the
educational needs of each student assigned to the Brazos County Academy to include
Limited English Proficiency, and Special need students. The supervision of Positive
Solutions Charter School personnel and the academic program will the responsibility of
Positive Solutions Charter School's Superintendent or designee. In addition, Positive
Solutions Charter School will be responsible for maintaining accurate daily attendance
records, and for submitting all required reports to the Texas Education Agency. Positive
Solutions Charter School personnel will work closely with the Special Program Manager
of Juvenile Services to assure successful operation of the Brazos County Academy
Program/Positive Solutions Charter School located in Bryan, Texas.
Positive Solutions Charter School will providel80 days of student instructional service.
Positive Solutions Charter School will provide officelclassroom supplies, and other such
inventory necessary for the successful operations of the academic services at the BCA.
Positive Solutions Charter School will coordinate the receiving and transfer of students
with the appropriate school district including admission documentation, ARD, transcripts
of grades, special education records etc.
FUNDIN
G
Positive Solutions Charter School agrees to provide the above stated educational
services for funds received from the State of Texas as the result of student daily
attendance at the Brazos County Academy program. The Brazos County Juvenile Board,
Brazos County Commissioners Count, Brazos County Juvenile Services Department or
any other entity of Brazos County will not be responsible for providing any form of
financial support to Positive Solutions Charter School for any services rendered.
Brazos County will be awarded only the daily attendance funding for students
attending the Academy under the Juvenile Justice Alternative Education Program.
ADMINISTRATION OF TAAS/TAKS
In accordance with the Texas Education Code, Positive Solutions Charter School
will be responsible for administering all aspects of the Texas Assessment of Academic
Skills (TAAS)/Texas Assessment of Knowledge Skills (TAKS) to those students
assigned to the Brazos County Academy program.
MISCELLANEOUS
2
VOL47 PAGE -7 (a
Consistent with the Texas Education Code and Texas Juvenile Justice Code, the
parties hereto agree to use their best efforts to expedite the administrative and judicial
processing of all cases related to this MOU.
To the extent permitted by applicable law, but without waiver or expansion of any
limits established by the Texas Tort Claims Act, each party of the MOU will indemnify
and hold harmless the other patties and their officers, employees, and agents from and
any and all claims proximately caused by negligence, breach, or other act of omission by
the indemnifying part or its officers, employees, or agents.
In accordance with the Texas Education Code, the Brazos County Juvenile Board,
Brazos County Commissioners Court, and employees of the Brazos County Juvenile
Services Department are immune from liability to the same extent as Positive Solutions
Charter School Directors, Superintendent, employees and volunteers are immune from
liability.
If any provision, section, subsection, paragraph, sentence, clause or phrase of this
MOU, or the application of same to any person or set of circumstances, is for any reason
held by a court or competent jurisdiction to be invalid, void, or unenforceable, the
remaining provision hereof will remain in full force and effect.
This MOU, together with the instrument heretofore incorporated by reference and
the attachments hereto, contains the entire agreement between parties with respect to the
subject matter thereof. No other agreement, statement, or promise made by or to any
employee, officer, official, or agent of any party that is not contained herein is not of any
force or effect. Any modifications to the terms hereof must be in writing and signed by
all parties.
The individuals executing this MOU on behalf of the respective Parties below
represent to each other and to others that all appropriate and necessary action has been
taken to authorize the individual who is executing this MOU to do so on behalf of the
Party for which his or her signature appears, and that there are no other parties or entities
required to execute this MOU in order for the same to be an authorized and binding
agreement on the Party for whom the individual is signing this MOU, and that each
individual affixing his or her signature hereto is authorized is valid and effective on the
date hereof.
The death or attempted suicide of a student occurring at the Brazos County
Academy program must be reported immediately to the Brazos County Sheriff's Office,
the Brazos County Juvenile Board, the student's parent(s) or legal guardian. And, a
written report must be submitted to the Texas Juvenile Probation Commission with in
twenty-four (24) hours of the event.
3
VOlILPAGE=
Any allegation of abuse or neglect of a student assigned to the Brazos County
Academy program must be documented and reported immediately to Positive Solutions
Charter School Superintendent, Brazos County Sheriff's Office for investigation, as
required by Chapter 261, Texas Family Code. And, a written report must be submitted to
the Texas Juvenile Probation Commission with twenty-four (24) hours of the event.
TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this MOU is from the effective date of this signing by all Parties
involved through August 2, 2004.
Renewal will be made on a year-to-year basis by mutual consent of the Parties.
Termination of this agreement may take place with 60 days notice provided by.
either party.
This MOU is executed in multiple original, each of which shall have the full force
and effect of an original document, and each of which shall constitute but one and the
same instrument.
EXECUTIED this the day of A~Lzl 2003.
Randy S7raz ounty udge
Chairma zoos C ounty Juvenile Board
Artu . Suare u ent
Positive Solutions Charter School
4
VOlT7 PAGE '79
This amendment to the Hospital Service Agreement is entered into by and between Brazos
County (hereinafter "Bmployer') and College Station Hospital, LP d/b/a College Station
Medical Center and Brazos Valley of Texas. LP d/b/a the Surgical Center (hereinafter
"Hospital').
WITNESSETH
Whereas, Employer and Hospital entered into a Hospital Service Agreement pursuant to
which Hospital agreed to provide services to Employer Members at negotiated rates; and
Whereas, the Agreement between Employer and $ospital was effective as of January 1, 2002;
and
Whereas, Employer and Hospital desire to amend the Agreement as follows:
AMENDMENT
Amend Attachment A, Reimbursement as follows:
All Inpatient Services 61.00% discount from Billed Charges"
All Outpatient Services 57.00% discount from Billed Charges**
Now; Therefore, the Agreement and Attachments thereto are amended as provided herein
entitled Amendment.
Except as specifically amended hereby, the terms and conditions of the Agreement remain the
same.
In Witness Whereof, the parties have executed this amendment to be effective May 4, 2003.
Hospital d Employer
By By:
Name: Thomas Jackson Name: dy Sims
Title: Chief Executive Officer Title: County Judge
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VOL PAGE &
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 660010
DATE OF COURT MEETING: September 2 2003
ITEM: Permission to enter Arnold LeUnes' property located off South Oaks Drive for the
purpose of disposing of dead livestock ($180.00 fee) for the health. safety and welfare
of the general public Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
ADDITIONAL WORK DESCRIPTION:
NOTES/EXCEPTIONS:
SUBMITTED BY: APPROVED
Richard F. Vance, P.E. Co fission T Jones
County Engineer Precinct 1
0003-087
This Request is ApprovedErfDenied❑ by Commissioners Court
Date:
Randy S' s, County Judge
VOL4-1 PAGE 84
BRAZOS COUNTY
PRIVATE PROPERTY ACCFPS PERMISSION FORM
Randy Sh m
Ca1rdy JU.dw 'PE OF.
9
Tony C er Pct 1
Ot petws t k
Commb5iow Pct 2 .
Kenny MaRatd OF 9~Pryo~
OGNTy
CarcNssk n Pct S
Carey CauleY'..
Coayrdesi uPct4
Date
1. LANDOWNER AND ADDRESS ra n ld Z P U.n~. e
1 '.3 Sra Sn ..~1, Daly e nr~ ~ ~.4p,_ .Sz~a T„ x _
H. LOCATION OF WORK Sz ....e,
III. DESCRIPTION OF WORK TO BE DONE B r r/ 1 Lr a rst=_
IV. MAINTENANCE YES NO r/
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner will
V!6d:p1ior to maintenance)
Richard F.Vance, RE: _ Engineer Ai / Foreman / Right of Way Agent
County Engineer
Owner's' Signature: DATE - ZZ ~03
VOLIf7 PAGE 85
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: September 2, 2003
ITEM: Request from Verizon to construct buried communications cable installation in
the right of way of Arrington Road beginning 550 ft. south of Windom Ranch Road
extending for a distance of approximately 2,761 ft See Notes/Exceptions for further
information. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope:
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall
be conducted by an independent geotechnical testing firm; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
The roadway right of way at this location is only 45 ft. wide; therefore, the cable must be as
close to the fence as possible (3 - 5 ft.) and must be buried at least 30 inches deep. As
Arrington Road will be widened in the future, Verizon must be aware that this cable will
have to be relocated at that time.
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTI~D BY: APPROVE
Rlchard F. Vance, P.E. Co issioner y Jones
County Engineer Precinct 1
0003-088
This Request is Approved / Denied ❑ by Commissioners' Court
Date: oZ
xa~
Randy County Judge
VOLIJ _PAGE (D
VERIZON COMMUNICATION ` Notice of
Line Installation
August 20, 2003
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will construct
a communication line within the right-of-way of a County Road in Brazos County,
Texas as follows:
Cable placement is to start approximately 550 feet south of Windom
Ranch Road on east side of Arrington Road, with placement 3' to 5' in east
right-of-way of Arrington Road for approximately 2761 feet to the
entrance of Smith property.
The location and description of this line and associated appurtenances is
more fully shown by two (2) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right-of-way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future. and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after August, 2003.
VERRON COMMUNICATIONS 5416-313002TU
QJMhn AmoldG~
Supervisor-Network Engineer
301 Industrial Blvd.
Bryan, TX 77803
VOL~PAGE
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING:_ September 2. 2003
ITEM: Request from Verizon to construct approximately 3,228 ft of buried
communications cable installation in the right of way rather than the 16 ft Public
Utility Easement. of Timberwilde Drive between Elmo Weed6n Road and Falcon Crest
Drive. See Action Requested or Alternatives below. Site is located in Precinct 2
SOURCE.OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed In designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5 of and parallel to the right-of-way fine
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicants
responsibility to do so and to remove all cleared brush, trees etc. from county right-ofway.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-M; test shall
be conducted by an independent geotechnical testing firm; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Sheets and Highways, published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVE- Recommend mend denial of
this request Brazos County's regulations specify. that utilities will be
placed in all Public Utility Easements where provided. It Is Verizon's
responsibility to clear a path in the utility easement and to make all
arrangements with adjacent land owners on which these easements lie.
SUBMI D BY. ~ APP VED
Rlc and F. Vance, P.E. Commissioner Duane Peters
County Engineer Precinct 2
0003-089
This R4RAS' oved 11 / Denied by Commissioners' Court
Date:
ounty Judge
V OL47 PAGE G I
iAerizon
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
August 22, 2003
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are From ED-135 and a work location sketch showing the location of our.
proposed communications cable line on county roads in Brazos County at Bryan,
Texas.
This work is to be completed on. Work Order 5413 - 3P001XM which is scheduled for
September 2,2003. If you have any questions concerning this work, please contact
Joe Young at our office in Bryan, telephone 979-821-4303 within 15 days so that we
may explain of modify our proposal, otherwise, it is understood that this proposal is
approved.
Sincerely,
14 1-
Jizcy- z oB-Z~-o3
~6ta~~iENq DE/~/~9+ of
John Arnold
Supervisor - Network Engineer %b~31(EGtu~ST, jNE~~ /S
JA:ec /lD'puBC/c Uj/t/tY
Attachment ~g5 EmE.uI' Fon %t}i3 ~BBcE
66 //v SG,~cc ED. 1 r /5
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VOLT PAGE Ra L m~+o 9wNFits ou /vtt,~hi
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VERIZON COMMUNICATION Notice of
Line Installat fon
August 22, 2003
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS W11 construct
a communication line within the right-of-way of a County Road in Brazos County,
Texas as follows:
Verizon will place 3228 feet of buried cable along the southeast
right-of-way of Timberwilde Drive between Elmo Weedon Road
and Falcon Crest Drive. This cable is 1/25 inches in diameter and
will be placed 3 feet in the right-of-way at a minimum depth of 30
inches. All asphalt driveways, creeks, and road crossings will be
directional bored. We are requesting the placement of this cable
in the right-of-way due to the 16 foot utility easement along this
route not being cleared of trees and heavy brush.
The location and description of this line and associated appurtenances is
more fully shown by two (2) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right-of-way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, pemtission, privilege or
right now granted by law or may, Wgranted in the future and any provision or
provisions so construed shall be null and void. -
Construction of this line will begin on or after September 2, 2003.
V 1ZONCO~~MyyM~~UNICATIONS 5413-3P001XM
lir/zztr~(~
John Arnold
Supervisor-Netwgrk Engineer
301 Industrial Blvd.
Bryan, TX 77803
VOL 4-7 PAGE_IL
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridne NUMBER 560010
DATE OF COURT MEETING: September 2, 2003
ITEM: Request from Verizon to construct a road bore and approximately 2.812 ft. of
buried cable installations in the right of way of Mancuso Road. Site is located in
Precinct 2.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall
be conducted by an independent geotechnical testing firm; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all
other Slate and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner Duane Peters 1
County Engineer Precinct 2
0003-090
This Request is Approved / Denied ❑ by Commissioners' Court
Date:
Randy ms, ounty Judge
VOL 0 ~ PAGE q5
VERIZON COMMUNICATION Notice of
Line Installation
August 21, 2003
To The Commissioners Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice. is hereby given that VERIZON COMMUNICATIONS will construct
a communication line within the right-of-way of a County Road in Brazos County, .
Texas as follows: .
Verizon will place 2812 feet of buried communications cable along
the ght-of-way of Mancuso Road. This cable is 1.63
inches in diameter and will be placed 3 feet in the right-of-way at
a minimum depth of 30 inches. A plastic sub-duct conduit 1.5
inches in diameter will also be placed with the buried communications
cable. The cable will be placed from the pedestal just past 3912
Mancuso Road to the intersection of Mancuso Road and FM 974.
This will require boring Mancuso Road.
The location and description of this line and associated appurtenances is
more fully shown by two (2) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right-of-way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after August, 2003.
V IZO CONJt~AUNICATJONS 5413-3F001EC
Jo Amold /✓/V
Supervisor-Network Engineer
301 Industrial Blvd.
Bryan, TX 77803
VOL ilk PAGE 9(v
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BRAZOS COUNTY Qs2
I
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: September 2. 2003
ITEM: Request from Wickson Creek Special Utility District to construct two (2) road
bores for water line installations in the right of way of Ranchero Road Sites are located
in Precinct 3.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) All installations shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line. .
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechhical testing firm; copies of all test results shall be
furnished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for streets and Highways published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES-
SUB MITT D BY: APPROVED BY: n 9
Richard F. Vance, P.E. Commissioner I ny Mallard
County Engineer Precinct 3
0003-092
Request is Approved I!!I / Denied 0 by Commissioners' Court
Date:
Randy S", County Judge
VOL 17 PAGE 5 ~
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
.~RYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Vickson Creek Special Utility District
proposes to place a (type) Waterline within_ across x the right-of-way of
(road) Ranchero Rd. in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by -3-
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.,'
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
r 4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the 2 day of September 20 03
Firm: rri on Creek Sicy District ecial By:
Title: General Manager
Address: P. 0. Box .4756
Bryan, Texas 77805
Phone: 979-589-3030
APPROVED BY COMMISSIONERS' Aq
COURT ON: - RAlf ChOpJ
Date 1~Cr -3 08 - e&-03
dX /as 5ur3r7,0- TE9
Randy Sims, County Judge
VOL q-7 PAGE 9
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VOL' PAGE /o
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: September 2. 2003
ITEM: Consider and take action on acceptance of a Deed Without Warranty from Tim
Crowley to Brazos County to convey a portion of land within the right of way of Arrington
Road for roadway improvements Site is located in Precinct 1
SOURCE OF FUNDS: N/A
ADDITIONAL WORK DESCRIPTION:
NOTES/EXCEPTIONS:
SUBMITTED BY: APPROVED BY:
iP.E. Commissioner Tony Jones
County Engineer Precinct 1
0003-091
This Request is Approved[]/DeniedO by Commissioners Court
Date:
Randy Sims, County Judge
~eCOrded
VO i . 67 7
ng • S~
DEED WITHOUT WARRANTY
,M
Date: August, 2003
Grantor. TIMOTHY J. CROWLEY
Grantor's Mailing Address: 1301 McKinney, Suite 3500, Houston, Harris County, TX 77010
Grantee: BRAZOS COUNTY, TEXAS, A POLITICAL SUBDIVISION OF
THE STATE OF TEXAS
Grantee's Mailing Address: 300 East 26th Street
Bryan, Texas 77803 '
Consideration:
In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable
consideration to the undersigned paid by the Grantee herein named, the receipt of
which is hereby acknowledged.
Property:
Being a tract of land containing 0.8486 acres, out of and part of the Augustus Babille
Survey, A-75, also being out of and part of a called 60.353 acres tract owned by
Elizabeth M. Williams as recorded in Volume 2974, Page 95 of the Brazos County
Official Records (B.C.O.R.), the 0.8486 acres tract being more particularly described as
follows:
BEGINNING at a 5/8" iron rod set for the north comer of this tract, also being a point on
the common line of the said Williams tract and the J.L. Gaut tract of land as recorded in
Volume 1850, Page 248 of the B.C.O.R., also being a point on the northwest right-of-
way line of Arrington Road, a 50' right-of-way, as recorded in said Volume 2974, Page
95;
THENCE through said Arrington Road right-of-way, along the common line between this
tract and the said Gaut tract, South 46'57'02° East, a distance of 29.81 feet to a point
for the west comer of this tract, also being the east comer of the said Williams tract,
also being the south comer of the said Gaut tract, also being a point on the centerline of
the said Arrington Road right-of-way; ,
THENCE along the said centerline of the said Arrington Road right-of-way, South
01'01'00" East, a distance of 1435.51 feet to a point for the south corner of this tract,
also being the south comer of the said Williams tract, also being a point on the said
centerline of the said Arrington Road right-of-way, also being the east comer of the
Wellborn Special Utility District tract of land as recorded in Volume 3989, Page 130 of
the B.C.O.R.;
THENCE along the common line between this tract and the said Wellborn Special Utility
District tract, South 88'51'27" West a distance of 29.62 feet to a 5/8" iron rod set for the
west comer of this tract, also being a point on the common line of the said Williams tract
and the said Wellborn Special Utility District tract, also being a point on the said
northwest right-of-way line of the said Arrington Road;
DEED WITHOUT WARRANTY Page 1
VOL 4-7 PAGE )O~
THENCE along the said northwest right-of-way line of the said Arrington Road, North
00'41'40" West a distance of 1457.33 feet to the PLACE OF BEGINNING containing
36963.11 square feet or 0.8486 acres (the "Rroperty").
Exceptions to Conveyance:
1. This conveyance is made and accepted subject to any and all matters,
ordinances, restrictions, covenants, conditions, encumbrances, rights of way,
easements, shortages in area, matters shown on surveys, maps or plats,
encroachments, overlapping of improvements, rights of parties in possession,
and all outstanding mineral and royalty interest, if any, affecting the Property,
whether or not of record in the office.of the Brazos County Clerk.
Reservations from Conveyance:
1. For Grantor and Grantor's successors and assigns, a reservation of all oil, gas
and other minerals that he now owns, in, on, under, and that may be produced
from the Property, without a reservation of the right of ingress and egress for
mining, drilling, exploring, operating and developing the Property for oil, gas and
other minerals and for removing them from the Property. Grantor hereby waives
any right which Grantor, Grantor's heirs and assigns, have or may have to the
rights of ingress, egress or regress on, over or across the surface of the
Property for purposes of drilling, mining, for, or conducting any operations for oil,
gas or other minerals or using the same for storage, or for the transportation of
oil, gas or other minerals, or using such property as a means of access or travel,
or in any manner disturbing the surface of the Property. Notwithstanding
anything herein to the contrary, the Grantee shall have the right to use, without
additional compensation, any water, stone, earth, gravel, caliche, iron ore or any
other road building material upon, in or under the Property for the construction
and maintenance of a road or roads thereon, such materials, for the purposes of
this conveyance, being herein defined as not constituting " other minerals".
Grantor, for the Consideration and subject to the Reservations from Conveyance and
the Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to
hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or
implied warranty. All warranties that might arise by common law as well as the warranties in
section 5.023 of the Texas Property Code (or its successor) are excluded.
This conveyance is intended to include any property interests obtained by after-acquired
title. yyynnn
the When the context requires, singular nouns and pronO is includplural.
TIM THY J. CROWLEY
DEED WITHOUT WARRANTY Page 2
VOL 47 PAGE 00 3
THE STATE OF TEXAS § .,4CKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the _/q,110y of August, 2003,
by TIMOTHY J. CROWLEY.
~G let,
.ip"°~gs CHARLES A ELLISON Notaty Public, State of Texas
r° NOTARY PURL'
af Stale of Texas
' ,g""" omm. Exp. 03-26-2005
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Charles A. Ellison, P.C. Charles A. Ellison, P.C.
P.O. Box 10103 2501 Ashford Drive, Suite 100
College Station, Texas 77842 College Station, Texas 77840
DEED WITHOUT WARRANTY: TIMOTHY J. CROWLEY
TO
BRAZOS COUNTY, TEXAS, A POLITICAL SUBDIVISION
OF THE STATE OF TEXAS
DEED WITHOUT WARRANTY Page 3
VOL_ql_PAGE ) 04
47
o~
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this day of -.Ze A.D. 2003
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined d ap oved in open Commissioners' Court this day of
2003
Randy Sims aJud
Ton ones, Cqr6rAsioner Precinct #1
Duane Peters,~Commissioner Precinct #2
Kenny Mallard, 'ssioner Pr inct #3
'
ey aide Commissioner Pr in
Treasurer's Report for the Month of JULY 2003
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