HomeMy WebLinkAbout2009-11-03-9:00AM-REGULARBRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
FILED FOR RECORD
DATE!0-" 09
AT S o o O'CLOCK--,e M
"REN MCQUEEN
BAAZB
�Ol TY CLERK
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
~ SESSION ON 3 NOVEMBER 2009 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
Invocation and Pledge of Allegiance — Judge Sims
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 30:
3. Budget Amendment 08/09 - 56.1 thru 56.2.
4. Budget Amendment 09/10 - 4.1.
5. Request from the District Attorney's Office for the following salary adjustments:
a. Investieator— Supervisor, Position 3, Class 0419
from: Group 26, Step 2 @ $81,183.00 to
to: Group 23, Step 1 @ $44,976.00;
b. Investieator — Supervisor. Position 1, Class 0419:
from: $68,324.00
to: $71,100.00;
c. Investigator — Supervisor, Position 2, Class 0419:
from: Group 22, Step 11 @ $54,789.00 to
to: Group 24, Step 11 @ $60,489.00.
6. Personnel Change of Status. 1 O 0
Vol. 119 pg.
Office of the County Judge • 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 • Fax: (979) 361-0503
Commissioners Court Agenda
3 November 2009
Page 2
7. Payment of Claims.
8. Renewal of the Service Agreement with Commercial Electronics Corporation for the
audio and video interview equipment, software and hardware used by the Sheriffs
Office; term of the agreement is 10/1/2009 through 9/30/2010 (previously tabled).
9. Brazos County Payroll for Fiscal Year 2010:
Salary and Wages $ 34,469,006.00
Benefits 12.616.913.00
Total $ 47,085,919.00
10. Order 09-017 directing the Payroll Fund to the General Fund of Brazos County.
11. Staffing Services Agreement with Manpower, Inc. for the temporary employment of
nurses; term of agreement is 11/03/2009 to 11/03/2010 with the option to renew.
12. Parking Agreement with Texas A&M University granting a parking easement with
reverter to Texas A&M at the Exposition Complex.
13. Mutual Non -Disclosure Agreement with McLane Advanced Technologies for the
County Information Resources Agency (CIRA) project; term of agreement is
10/01/2009 to 10/01/2012.
14. Contract with Rockdale Regional Juvenile Justice Center for secure short-term
detention of juvenile offenders; term of agreement is 9/01/2009 to 8/31/2010.
15. Contract with Rockdale Regional Juvenile Justice Center for secure long-term
residential service for juvenile offenders; term of agreement is 9/01/2009 to 8/31/2010.
16. Copier Lease Agreement with Ikon for the Precinct 3 Constable's Office.
17. Copier Lease Agreement with Xerox for the Brazos County Tax Office.
18. Funding Agreements with the following agencies for funds awarded by the Brazos
County Community Healthcare Endowment Fund (CHEF) Review Committee for FY
2009-2010:
a. Brazos Valley Council on Alcohol and Substance Abuse;
b. Health For All;
c. Hospice Brazos Valley;
d. Stand Tall Against Tobacco.
19. Ratification of fhe second Extension Agreement with the Brazos County Emergency
Communications District.
20. Chapter 59 Forfeiture Reports for the period 9/01/08 through 8/31/09 for the Precinct 4
Constable's Office. VOi. 0_3 Pg. 101
Commissioners Cour[ Agenda
3 November 2009
Page 3
21. Treasurer's Report for the Month of September 2009 and the quarter ending 9/30/2009.
22. Tax Refund Applications for the following:
a. Mark L. Pritzen d. James M. & Regina Ragna
b. Pinnacle Title Company LP e. Bemshausen, Inc.
c. Research Applies Tech. f Benches, Goss, Thornton, Meronoff
& Hawthorne, PC
23. Declaration of surplus property as "salvage" that was advertised for sale in accordance
with Local Government Code §263.152 and received no bids, and authorization for
either destruction or other disposal.
24. Capital requisition #00026865 in the amount of $50,536.00 for the purchase of two (2)
2010 Ford F250 Super Cabs for the Road & Bridge Department.
25. Permission to advertise Bid 2010-12, Printing.
26. Renewal of Bid #2009-16, Network Cabling Parts, with new Bid #2010-07R.
27. Request from Wickson Creek Special Utility District to construct a 35 ft. road bore for
water line installations in the right of way of Treebrook Lane approximately 540 ft.
from its intersection with Weedon Loop. Site is located in Precinct 2.
28. Waterline Easement with the City of Bryan for the purpose of constructing and
.maintaining a waterline on and across a 14.4 acre tract of land lying and being situated
in the Stephen F. Austin League, Abstract No. 63, Bryan, Brazos County, Texas.
29. Final Plat of Wellborn Landing subdivision. 4.591 acres, lots 1 and 2, block 1, right of
way dedication 0.142 acres, Andrew McMahon survey, A-167, (City of College Station
ETJ), Brazos County, Texas. Site is located in Precinct 1.
30. Final Plat of Aggieland Business Park Phase 2, lot 1, block 1, 5.497 acres, J. H. Jones
survey, A-26, (City of College Station ETJ), Brazos County, Texas. Site is located in
Precinct 4.
31. Acknowledgement of the Investment Report for the quarter ending 9/30/2009.
32. Acknowledgement of the Monthly Reports submitted in October 2009. These reports
are available for review in the County Judge's Office
33. Announcement of interest items and possible future agenda topics.
34. Call for citizen input and/or concerns.
35. Agency / Board / Committee reports by Court members.
36. Adjourn Vol. (01$ Pg. 109
Commissioners Court Agenda
3 November 2009
Page 4
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section
18 of the Texas Constitution As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these mles may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas,
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda See Texas Open Meetings Act §551.042.
vol. lag pg. f 0 3
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 3, 2009
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, November 3, 2009 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and then led the
pledge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #08/09-56.1
through 56.2 that would transfer funds from Contingency to the
85th District Court, Court Support Costs. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the budget amendment as
Vol 0-9 Page 104
Commissioners Court meeting November 3, 2009 2
submitted. A copy each amendment is attached.
The Court next considered Budget Amendment #09/10-4.1
that would reallocate funds for the Information Technology
Department. On motion by Commissioner Cauley, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the budget amendment as submitted. A copy each amendment is
attached.
The Court next considered a request from the District
Attorney's Office for the following salary adjustments:
a. Investigator -Supervisor, Position 3, Class 0419
From Group 26, Step 2 at $53,453.00
To Group 23, Step 1 at $44,976.00
b. Investigator -Supervisor, Position 1, Class 0419
From $68,324.00
To $71,100.00
c. Investigator -Supervisor, Position 2, Class 0419
From Group 22, Step 11 at $54,789.00
To Group 24, Step 11 at $60,489.00
Commissioner Peters stated he had an issue with budgeting only
a step one. On motion by Commissioner Mallard, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request from the District Attorney's Office.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. The Sheriff introduced the new Chief Deputy, Mike
Wilson and gave the Court an overview of his professional
Vol I a 0 Page 105
Commissioners Court meeting November 3, 2009 3
credentials. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7067786 through 7068018
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of the
renewal of Service Agreement with Commercial Electronics
Corporation for the audio and video interview equipment,
software and hardware used by the Sheriff's Office. On motion
by the County Judge, seconded by Commissioner Cauley, the
Court voted unanimously to remove this from the agenda.
The Court next considered approval of the Brazos County
payroll for fiscal year 2010. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the salary and wages of $34,469,006 and
the benefits of $12,616,913 for a total of $47,085,919.
The next matter for consideration was adoption of Order
09-017 Directing the Payroll Fund to the General Fund. On
motion by Commissioner Wassermann, seconded by Commissioner
Vol lag Page 10(o
Commissioners Court meeting November 3, 2009 - 4
Peters, the Court voted unanimously to adopt Order 09-017. A
copy is attached.
The Court proceeded to consider the approval of the
amended contract with Manpower for the temporary employment of
nurses to help administer flue vaccines. The County will be
billed at the following rates:
RN $37.73 straight time bill rate
LVN $22.46 straight time bill rate.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the amended
contract and authorized the County Judge to execute the
document. A copy is attached.
The next matter for consideration was a Parking Agreement
with Texas A&M University granting a parking easement with a
reverter clause to Brazos County. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the Parking Agreement with Texas A&M
University. A copy is attached. Let it be noted that the
agenda states "reverter to Texas A&M at the Exposition
Complex" but should state Brazos County.
The Court proceeded to consider the Mutual Non -Disclosure
Agreement between Brazos County and McLane Advanced
Technologies, LLC for the acquisition a Comprehensive
Vol la$ Page 101
Commissioners Court meeting November 3, 2009 5
Integrated Justice Information Management system in order to
manage civil and criminal information collected and maintained
by the member counties in Texas. The term of the agreement is
for three years from the effective date. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the Mutual Non -Disclosure
Agreement and authorized the County Judge to execute the
document. A copy is attached.
The Court next considered a contract with Rockdale
Regional Juvenile Justice Center for secure short term
detention of juvenile offenders. Cost to Brazos County is as
follows:
Daily Rate $95 per day/per juvenile
Psychiatric Services $200 per exam
Follow-up Exams $100 per exam
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the contract
and authorized the County Judge to execute the document. A
copy is attached.
The Court next considered a contract with Rockdale
Regional Juvenile Justice Center for secure long term
detention of juvenile offenders. Cost to Brazos County is as
follows:
Moderate Level $100 per day/per juvenile
Specialized Level $130 per day/per juvenile
Vol I aY Page toy
Commissioners Cour[ meeting November 3, 2009
Intensive Level
Polygraph
$225 per day/ per juvenile
$175 per exam
0
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the contract
and authorized the County Judge to execute the document. A
copy is attached.
The next matter for consideration was a lease agreement
with IKON for a copier in the office of Constable Precinct 3.
The term of the lease is 60 months contingent upon funds
appropriation with an overage cost of $.0078/image. On motion
by Commissioner Mallard, seconded by Commissioner Cauley, the
Court voted unanimously to approve the lease agreement and
authorized the County Judge to execute the document.
The Court next considered a copier leas agreement with
Xerox for the Brazos County Tax Office. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to remove this item from the agenda.
The next matter for consideration was the funding
agreements with the following agencies for funds awarded by
the Brazos County Community Healthcare Endowment Fund (CHEF)
Review Committee for FY 2009-2010:
a. Brazos Valley Council on Alcohol and Substance Abuse
$15,000
b. Health for All $20,000
c. Hospice Brazos Valley $70,000
d. Stand Tall Against Tobacco $18,000
Vol lag Page l o
Commissioners Court meeting November 3, 2009 7
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the funding
agreements and authorized the County Judge to execute the
documents. Copies of each are attached.
The next matter for consideration was the ratification of
the second Extension Agreement with Brazos County Emergency
Communications District. If approved, the contract is
extended through November 30, 2009, under the same terms and
conditions and the County will pay the District $57,750.25 for
the period of November 1, 2009 through November 30 2009. Tina
Snelling, Civil Counsel, stated that this was necessary. On
motion by Commissioner Mallard, seconded by Commissioner
Cauley, the Court voted unanimously to ratify the Extension
Agreement with Brazos County Emergency Communications
District. A copy is attached.
On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to accept the
Chapter 59 Forfeiture Reports from Isaac Butler, Constable,
Precinct 4.
On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to receive,
approve and order filed as submitted the Treasurer's report
Vol I a8' Page 1 1 D
Commissioners Court meeting November 3, 2009 8
for September 2009. A copy is attached to and made a part of
these minutes.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Mark L. Pritzen, over payment $11.95
b. Pinnacle Title Company LP, over payment $3,578.49
C. Research Applies Tech., over payment $51.16
d. James M. & Regina Ragna, over payment $241.23
e. Bernshausen, Inc., over payment $10.71
f. Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC,
over payment $5.56
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the tax refund
applications.
The Court next considered the declaration of surplus
property as salvage. This property was advertised for sale in
accordance with Local Government Code §263.152 and received no
bids. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
declare the property as salvage and authorized its destruction
or other disposal.
The next matter for consideration was requisition
#00026865 in the amount of $50,536.00 to Planet Ford for the
purchase of two (2) 2010 Ford F250 Super Cab trucks for the
Brazos County Road and Bridge Department. On motion by
Vol lag Page I I f
Commissioners Court meeting November 3, 2009 9
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to approve the requisition.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2010-12, Printing. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the
Purchasing Agent to advertise for bids for printing.
The Court next considered the renewal of Bid #2009-16 for
network cabling parts. Leslie Williams Senior Buyer
recommended renewal with new bid #2010-07R and no increase in
rates. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to accept the
recommendation of the Senior, Buyer and renew the bid with
Anixter for network cabling parts.
The Court next considered the request from Wickson Creek
Special Utility District to construct a 35 foot road bore for
water line installation in the right-of-way of Treebrook Lane
approximately 540 feet from it intersection with Weedon Loop.
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 Commissioner
Wassermann, the Court voted unanimously to approve the request
Vol Page it,
Commissioners Court meeting November 3, 2009 10
from Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered a waterline easement with the
City of Bryan for the purpose of constructing and maintaining
a waterline on and across a 14.4 tract of land lying and being
situated in the Stephen F. Austin League, Abstract No. 63,
Bryan, Brazos County, Texas as recorded in Volume 255, Page
431 of the Deed Records of Brazos County, Texas. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the waterline easement with
the City of Bryan.
The Court next considered approval of the Final Plat of
Wellborn Landing Subdivision, 4.591 acres, Lots 1 and 2, Block
1, and Right -of -Way dedication of 0.164 Acres located in
Precinct 1. Richard Vance, County Engineer, stated that he had
reviewed the plat and all appeared to be in order.
Commissioner Wassermann moved to approve. Commissioner Peters
seconded the motion. It was noted that the agenda showed an
inaccurate number of acres in the dedication. Commissioner
Peters moved to correct the number of acres to 0.164 rather.
Commissioner Peters seconded the motion. The Court voted
unanimously to correct the agenda to show the number of acres
Vol I dJ Page 113
Commissioners Court meeting November 3, 2009 11
in the dedication to be 0.164. Then the Court voted
unanimously to approve the final plat as submitted.
The Court next considered approval of the Final Plat of
Aggieland Business Park Phase 2, Lot 1, Block 1, 5.497 Acres
located in Precinct 4. Richard Vance, County Engineer, stated
that he had reviewed the plat and all appeared to be in order.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the final plat
of Aggieland Business Park Phase 2, Lot 1, Block 1, 5.497
Acres as submitted.
The Court acknowledged receipt of the Investment Report
for the Quarter Ending September 30, 2009.
The Court acknowledged receipt of the Extension Service
reports for October 2009 and acknowledged receipt of reports
from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Brazos County Events Facilities
Road & Bridge
Sheriff
Vol l a Page t l
Commissioners Court meeting November 3, 2009 12
A copy of the Officials' reports can be viewed in the
County Auditor's office.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Wassermann
a) Discussed the new animal ordinances. Will
need this on the agenda for next week's
meeting.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 489 inmates in jail, 47 are out
of County, 57 have monitors and 55 are
pending for monitors.
Eric Caldwell, Director Information Technology
Department
a) His department is moving forward on CIRA
project. He then gave an update.
Under Agency/Board/Committee reports by Court members,
the following spoke:
Commissioner Wassermann
a) Discussed the process for re -writing animal
ordinances and where they are now.
Commissioner Mallard
a) Thanked Commissioner Wassermann for his hard work
and patience in rewriting the animal ordinance.
b) Updated the Court on the Brazos Valley Wide Area
Communications Project
Vol l a� Page t 15
Commissioners Court meeting November 3, 2009
Commissioner Peters
13
a) Talked to John McBeth and he still believes they
will begin construction on the new parking garage
in November..
There being no further business to come before the Court,
the meeting was adjourned.
Vol (gr— Page 1 l �
The foregoing minutes of the Commissioners Court meeting held
November 3, 2009 have been examined and are approved in open
Court this the lQ}(` day of S , 2010, in Bryan,
gZ&Vz L4
LloydAqassermann
Commissioner, Precinct 1
Duane Peters Kenny Mal rd
Commissioner, Precinct 2 Commissio r, Prec-nct 3
Commissioner, Precir;b t 4
Attest:
,Caren McQueen
County Clerk
Vol [ as Page t t 7
BRAZOS COUNTY COMMISSIONERS COURT
Meeting onl _ 2009 @
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Vol. l xw pg,
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BRAZOS COUNTY COMMISSIONERS COURT
Meeting on ` L�/4,-, ' 2009 @ 9 lJd c✓
Name Organization / Department
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PAGE _12 of -'Z-
Vol. pg,—
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 — 56.1 thru 56.2
On this the 3`d day of November 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 3 November 2009 the Court heard and approved a budget amendment for the
2008-2009 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 19 September 2008, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 3`d day of November 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes 1 a0
vol. Lag Pg, l -
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 66.1
11/3/2009
DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 1,350.00
0100 22000100 61620000 DR Subcri tions & Publications 1,350.00
General Fund Contin ncy and 85th District Court
To reallocate funds to allow for the ayment of ublications for various law books and subcriptions.
VoL�—Pg ��1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/09 - 66.2
11/3/2009
FUND DIV ACCT PRO
DR/CR I ACCOUNT NAME Increase Decrease
0100 11001500 61130000
CR Contingency -General Fund 3,473.00
0100 11010000 72206000
DR Crt Appointed Attys - 272nd DC 3,473.00
General Fund Contingency & Court Support Costs
To reallocate funds to allow for the payment
of court appointed attorneys for fiscal year 2009.
Vol. 19-3 pg. I
2-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009-2010 BUDGET YEAR
NO. 09/10 — 4.1
On this the P day of November 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 3 November 2009 the Court heard and approved abudget amendment for the
2009-2010 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the P day of November 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
VOL lax Pg. �
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 09110 - 4.1
11/3/2nn9
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 14000100 67205000 DR Network Costs 20,000.00
0100 14000100 80205000 DR Network Costs 20,000.00
Information Technology
To reallocate funds to correctly account for network switches and other related electronics, cabling parts and supplies.
Vol.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: November 3, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Attorney Aguilar, Gracie Transfer from
Another Dept.
Juvenile Services
SO — Admin
Jones, Mike
Mccune, Nathan
Schwartz, Bryan
Sibler, Greg
Anders, Angela
Howell, Justin
Sodolak, Stacey
Wilson, Michael
SO — Jail Acosta, Jaime
Caballero, Abram
Cabrera, Erendira
Canterberry, Marshall
Collins, Shantell
Contreras, Joseluis
Davis, Jason
Dennis, Nathan
Dockery, Monica
Dominik, Teresa
Favila, Oscar
Graff, Elizabeth
Vol. Ld- pg, I aS
Resignation
Increase in Salary
Increase in Salary
Promotion
Resignation
Resignation
State Stipend
New Hire
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: November 3, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
SO — Jail Greenwood, Caroline Budgeted Increase
Hudson, D Ann
Knighton, Tracy
Maxwell, Dustin
Menefee, Joseph
Mitchell, Cameron
Montoya, Patrick
Murray, Sylvia
Sanders, Richard
Schoenberger, John
Shannon, Tammy
Swindle, Michael
Approved in Commissioners' Court:
County Judge's or Commissioner's Signature: i
(This Copy to be attached to minutes) 101-3, a3
V01.
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Budgeted Increase
Brazos County Courthouse
DATE:
TO:
FROM
200 S. Texas Ave., Suite 240
MEMORANDUM
October 26, 2009
Randy Sims, Brazos County Judge
Lloyd Wassermann, Commissioner Pct.
Duane Peters, Commissioner Pct. 2
Kenny Mallard, Commissioner Pct. 3
Irma Cauley, Commissioner Pct. 4
0``y`NWiffb-i `,BfiztS!�'County Treasurer
Bryan, Texas 77803
RE: The following agenda items:
(1) Approve the Annual Payroll and
(2) Direct the Payroll Fund to the General Fund
KAY HAMIL ON
County Treasurer
(979) 361-4340
(i) Approval of the Brazos County Payroll for Fiscal year 2010 (10/01/09-9/30/10)
SALARY AND WAGES $ 34,469,006.00
BENEFITS $ 12,616,913,00
TOTAL $ 47,085,919.00
(2) Directs by order that the money that otherwise would be deposited in a salary fund
(created by Chapter 154 of the Local Government Code) be deposited in the general
fund of Brazos County.
154.007. Use of General Fund Instead of Salary Fund
(a) At its first regular meeting in the first month of each fiscal year, the
commissioners court may direct, by order entered in its minutes, that all money
that otherwise would be deposited in a salary fund created under this chapter
shall be deposited in the general fund of the county.
(b) In a county in which the order is adopted, a reference in this chapter (154) to a
salary fund means the general fund.
Acts 1987, 760 Leg., ch. 149, 1, eh`. Sept. 1, 1987
Cc Katie Conner
Irene Jett
Candy Gallego
Debbie Lockledge
VOL _ -K
BRAZOSCOUNTY
STATE OF TEXAS § BRYAN, TEXAS
COUNTY OF BRAZOS §
ORDER NO. 09-017
DIRECTING THE PAYROLL FUND TO THE GENERAL FUND
IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that
would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code
shall be deposited in the general fund of Brazos County., This Order is adopted pursuant to § 154.007 of
the Local Government Code.
ADOPTED this 3`d day of November, 2009 by a vote of �17— ayes and (_ nays.
ATTEST:
`16
Karen McQueen, County Clerk
Office of the County Judge -Vol.2South Texas ve. • Suuittee 932 r„ p�yan, Texas 77803 a Fax: (979) 361-4503
Manpower'
STAFFING SERVICES AGREEMENT
Manpower Inc., a Wisconsin corporation with its principal office located at 100 Manpower Place, Milwaukee, Wisconsin 53212, and its
Subsidiaries, as that tens is defined herein ("Manpower"), and Brazos County ("Client") for the benefit of and cooperation by the Brazos County
Health District, in consideration of the mutual covenants contained herein, agree to the terms and conditions set forth in this Staffing Services
Agreement (the "Agreement").
1. DUTIES OF MANPOWER
a. Provision of Staffing Services. Manpower will recruit, interview, screen and assign to Client Manpower employees who, in
Manpower's judgment, are best qualified to perform the type of work described on Exhibit A ('Assigned Employees"). The Assigned
Employees will perform the work for Client at the locations specified on Exhibit A. Manpower Mil provide these staffing services in
accordance with the terms of this Agreement and specifically will assume responsibility for the following: maintaining personnel and
payroll records; paying, withholding and transmitting payroll taxes; making unemployment contributions; handling unemployment and
workers' compensation claims involving Assigned Employees with respect to compensation that Manpower has agreed to pay; and
removing any Assigned Employee at the request of Client, provided there is a valid legal reason for doing so.
b. Screening. Manpower will screen the Assigned Employees based on the specific checks and tests set forth on Exhibit A, if any, the
actual cost of which will be passed through to Client.
C. Guarantee. In the event that Client is not satisfied with the performance of any Assigned Employee, then, upon Client's request,
Manpower will remove the Assigned Employee with whom Client is not satisfied from assignment, relieve Client of the obligation to
pay for the number of hours specified on Exhibit A and worked by the same Assigned Employee, and use its best efforts to provide a
replacement Assigned Employee as soon as practicable (the "Limited Warranty").
d. Employee Waiver. It is agreed that Assigned Employees will not be entifled to holidays, vacations, disability, insurance, pensions or
refirement plans, or any other benefits offered or provided by Client to its staff employees; Manpower will require Assigned Employees
to sign an employment agreement including language consistent with the foregoing, a copy of which is available upon request.
2. DUTIES OF CLIENT
a. Supervision of the Work. Notwithstanding the presence of any Manpower personnel at a facility when Assigned Employees are
placed under this Agreement, Client agrees to supervise and control the work, premises, processes and systems to be performed by
Assigned Employees and to review and approve the corresponding work product. Assigned Employees, specifically RN's and LVN's
must perform duties under the supervision of a medical doctor employed by Client. In addition, Client will control the development,
quality and implementation of the work product and any claims or liabilities arising from the work product In the event Client is
dissatisfied with the work product produced in whole or in part by any Assigned Employee, Client may request, and its sole remedy
will be, the removal of such Assigned Employee in accordance with Section 1(c).
b. Reassignment. Client will not make substantial changes in any Assigned Employee's job duties or risks without Manpower's prior
written approval. Client's breach of this duty may expose Manpower to substantial additional risk not contemplated by Manpower
when entering into this Agreement.
c. Use of Vehicles. Client will not request or permit any Assigned Employee to use any vehicle, regardless of ownership, in connection
with the performance of work for Client, other than as is strictly required by the job description provided to Manpower.
d. Valuables. Client will not entrust any Assigned Employee with unattended premises or valuables such as cash, negotiable
instruments, keys, merchandise and confidential or trade secret information, other than as is strictly required by the job description
provided to Manpower.
e. Client Benefits. Client will not offer or promise any Assigned Employee increased compensation or benefits under any Client -provided
plan and Client will exclude Assigned Employees from any Client -provided plan whenever possible.
f. Provision of Eguioment and Suoolies. Client shall provide all Assigned Employees with all equipment, facilities and supplies
reasonably necessary for them to perform their duties hereunder.
g. Client-soecific Training. Client shall train Assigned Employees with regard to all Client policies and procedures that may be adopted
or implemented from time to time which, in Client's judgment, will allow Assigned Employees to successfully perform their specific job
duties.
h. Notification of Complaints and Incidents. Client agrees to immediately inform Manpower of all formal and informal complaints,
allegations or incidents of any Assigned Employee misconduct or workplace safety violation of which it becomes aware, regardless of
the source, including, but not limited to, allegations of sexual harassment, discrimination, violations of the Occupational Safety and
Health Act, violations of the Health Insurance Portability and Accountability Act or threats of violence. To the extent commercially
reasonable, Client shall provide a complete and accurate disclosure of all circumstances surrounding such matters.
Vol. i a rg. a�
Rev. 02/23/2006 Page 1 of 5
3. MUTUAL DUTIES
a. Quarterly Review Meetings. Senior -level employees or officers of both parties will meet at least as frequently as quarterly to discuss
the performance of the Agreement
b. Permits and Licenses. Manpower will maintain in effect during the tens of this Agreement any and all federal, state and/or local
licenses and permits which may be required of staffing employers generally. Client will maintain at its expense such licenses and
permits as may be required by applicable authorities in order to engage in Client's business, and if Manpower is requested to obtain
these types of permits and/or licenses on behalf of Client the cost thereof will be billed to Client
c. Cooperation. The parties agree to cooperate fully and to provide assistance to each other in the investigation and resolution of any
complaints, claims, actions or proceedings which may be brought by or involve any Assigned Employee.
d. Notification of Accidents. Manpower will provide workers' compensation insurance coverage for Assigned Employees (except that
Manpower's workers' compensation liability may be limited as provided in Section 6). The parties agree to immediately notify each
other of any injury or accident occurring `voile Assigned Employees are performing work for Client and any claim for workers'
compensation benefits involving Assigned Employees.
e. Safety and OSHA Compliance. Client will provide all Assigned Employees with a safe worksite and will provide information, training
and safety equipment with respect to any hazardous substances or conditions to which Assigned Employees may be exposed at the
worksite, whether or not required by law. Without limiting the generality of the foregoing, because Client controls the facilities in which
Assigned Employees work, it is agreed that Client is primarily responsible for compliance with the Occupational Safety and Health Act
and comparable state laws and regulations thereunder, to the extent those laws apply to Assigned Employees assigned to Client's
facilities. Manpower will, at the request of Client instruct its employees on general safety matters in accordance with information
provided to Manpower by Client.
f. Confidentiality. Both parties acknowledge that they may receive information which is proprietary to or confidential to the other party or
its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such
information to third parties or to use such information for any purpose whatsoever other than performing hereunder or as required by
law. Manpower will require Assigned Employees to sign an employment agreement including language consistent with the foregoing,
a copy of which is available upon request. -
4. PAYMENT
a. Payment. Client agrees to pay Manpower for its performance hereunder at the rates set forth on Exhibit A and also agrees to pay any
additional costs or fees set forth in this Agreement Manpower will invoice Client weekly at the address set forth above. Payment will
be due within thirty (30) days receipt of invoice. Amounts invoiced for work performed by Assigned Employees will be calculated on
the basis of hours shown on Manpower time slips. Client or Client's designated representative will approve Manpower time slips,
certifying that the hours shown are correct and authorizing Manpower to bill Client for the hours worked by the named Assigned
Employee. If Client or Client's designated representative are unwilling or unavailable to approve time slips, Manpower isauthorized to
approve such time slips and such signed time slips will be conclusive as to the number of compensable hours wo,rked by each
Assigned Employee for that workweek. In the event a portion of any invoice is disputed, the undisputed portion will be paid and the
dispute shall be resolved in accordance with Section 10(m). Client agrees that it will not request or require that Assigned Employees
work any hours not recorded on the time slip.
b. Additional Pavmenl Terms
(1) Rate Increases. If Manpower is required to increase wage and/or payroll burden costs at any time during the term of this
Agreement as the direct result of any determination, order or action by any applicable federal, state or local governmental
authority or third -party insurer, Client will reimburse Manpower at cost for any such increase. In addition, Client agrees to notify
Manpower immediately whenever any Assigned Employee performs any work under a government contract, to comply with the
Service Contract Act of 1965 and to pay to Manpower the price differential due to any wage determinations under any
government contract
(2) Payment for Overtime. The pricing provided in Exhibit A does not contemplate non-exempt Assigned Employees (as "non-
exempt employee" is defined in the Fair Labor Standards Act or relevant state law) working overtime. If such Assigned
Employees work more than forty (40) hours in any one work week, Manpower will be paid for the additional hours at a rate of one
and one-half times the Assigned Employee's straight -time bill rate. The overtime rate will also apply, when required by a
government contract or applicable law or regulation, for work in excess of eight (8) hours in any one day. In jurisdictions in which
other overtime or double-time obligations are imposed by statute or regulation, Manpower will bill at the bill rate for overtime that
Manpower must pay its employees. Hours, if any, required to be paid at premium rates will be included on time slips and
approved in accordance with Section 4(a) above.
(3) Sales Taz. Any sales, use, excise or other such tax levied as a result of performance hereunder will be paid by Client. If Client
claims tax-exempt status, Client shall provide Manpower with tax -exemption certificates prior to the start of any Assigned
Employee.
c. No Payroll Transfer. Client agrees not to cause or permit any Assigned Employee to transfer to another entity's payroll, or to perform
services for Client while on the payroll of any person or firm other than Manpower, during the term of this Agreement and for a period
of ninety (90) days after such Assigned Employee's assignment at Client ends. If Client violates this Section, then Client will pay to
Manpower a fee in the amount set forth on Exhibit A.
5. TERM AND TERMINATION oL P -9,
I p& 1,50
Rev. 06/28/2006 Page 2 of 5
a. Tenn. This Agreement will be for a term of one (1) year from the effective date of this Agreement, determined by the later date of
signature of the parties, and may be renewed upon the mutual agreement of the parties.
b. Termination for Convenience. Either party may terminate this Agreement for any reason upon thirty(30)days' written notice to the
other party.
c. Termination for Cause; Notwithstanding any other provision of this Agreement, either party may terminate this agreement immediately
in the event the other party declares or becomes bankrupt or insolvent, dissolves or discontinues operations, or fails to make any
payments within the time periods specified in this Agreement.
d. Effect of Termination. Upon termination of this Agreement, Manpower will promptly provide an invoice to Client for all fees incurred by
Client under this Agreement Client will pay all amounts set forth on the invoice within thirty (30) days of receipt.
e. Client Options upon Termination. Notwithstanding any other provision of this Agreement, if Client terminates this Agreement but
desires to have Assigned Employees continue to work at Client's facilities, Client may elect one of the following two options on or
before the effective termination date: -
(1) to pay Manpower no later than ten (10) days after the effective termination date the conversion fee set forth on Exhibit A for each
Assigned Employee then assigned to Client, with the understanding that such Assigned Employee will be engaged by Client as
an independent contractor, hired directly by Client, or transferred to or placed on the payroll of any other firth or person and who
continues to perform services for Client or at Client's facilities; or
(2) upon Manpower's written consent, to continue to pay Manpower in accordance with the payment procedures in Section 4 for
such Assigned Employee's services at Manpower's billing rate in effect at the time of the termination for any services performed
by such Assigned Employee for a one-year period following the cancellation of this Agreement.
6. INDEMNIFICATION AND LIMITATION OF LIABILITY
Manpower shall defend, indemnify and save harmless the Client and all its officers, agents, and employees from all suits, actions, or claims of
any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or
sustained by any person or persons or property, to the extent caused by the negligence, gross negligence, fecklessness or willful misconduct of
Manpower or its employees or on account of any act of omission of the Worker Compensation Law or any other law, ordinance, order or decree,
and so much of the money due the Manpower under and by virtue of its contract as shall be considered necessary by the Client may be retained
for the use of the Client, or in case no money is due, its sureties shall be held until suit or suits, action or actions, claim or claims for injury or
damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished the Client.
To the extent permitted by law as set forth in the Texas Tort Claims Act, Client agrees to defend, indemnify and hold Manpower and its parent,
subsidiaries, directors, officers, agents, representatives and employees ("Manpower Indemnitees) harmless against any and all claims, losses
and liabilities to the extent caused by the negligence, gross negligence, recklessness or willful misconduct of Client or Client's officers,
employees or authorized agents or by Client's breach of this Agreement and further agrees, to defend, indemnify and hold any Manpower
Indemnitee harmless against any and all claims, losses and liabilities including any incidental, consequential, exemplary, special or punitive
damages, including lost profit, regardless of how characterized, that arise from (1) infringement of any intellectual property right, except with
respect to any intellectual property owned and independently developed by Manpower, or (2) the acts or omissions of any Assigned Employee
taken at Client's direction or Ciienfs failure to supervise Assigned Employees in accordance with its obligations under Section 2(a).
UNLESS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE FOR OR REQUIRED TO INDEMNIFY THE OTHER
PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
REGARDLESS OF HOW CHARACTERIZED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHICH ARISE FROM THE PERFORMANCE OF THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT, AND
REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
7. INSURANCE
a. Extent of Coverage Provided to Client: The insurance described in this Section is solely for the benefit of Manpower and Manpower
has the sole right to use such insurance. Manpower has the following insurance coverages in place:
(1) Manpower's Workers' Compensation Insurance will have statutory limits and its Employers Liability Insurance will have limits of
at least $500,000 for each accident or disease.
(2) Manpower's Comprehensive General Liability and Property Damage Insurance, including coverage for products and completed
operations, will have limits of at least $2,000,000 for each occurrence.
(3) Manpower's Excess Automobile Liability Insurance, covering any non -owned automobiles will have limits of at least $1,000,000
for each occurrence. This coverage shall apply only to Assigned Employees who operate non-Cfient vehicles.
(4) Manpower's Umbrella Coverage will have limits of at least $20,000,000 per occurrence and shall follow the forms of the
underlying insurance policies.
(5) Medical Professional Liability Insurance will have a minimum limit of $500,000.
b. Certificates of Insurance Provided to Client. Within a reasonable time after the execution of this Agreement by Manpower and upon
each policy renewal thereafter during the term of this Agreement, Manpower will deliver to Client copies of all certificates of insurance.
All such certificates will be executed by authorized representatives of the insurers. Manpower will maintain all such insurance policies
in full force and effect at all times during the performance of this Agreement.
Vol. I ss pg. 131
Rev. 06/28!2006 Page 3 of 5
C. Insurance of Manpower Subcontractors. Manpower will require all its secondary vendors to may, at a minimum, Workers'
Compensation Insurance as required by the states in which they operate, a Fidelity Bond policy or Dishonesty policy with limits of at
least $1,000,000 per occurrence, and a Comprehensive General Liability and Property Damage policy with limits of at least
$1,000,000 per occurrence and $2,000,000 in the aggregate, and an Excess or Umbrella policy with limits of at least $2,000,000 per
occurrence, in addition to any other insurances required by Manpower. In the event that Client requires Manpower to use a
designated subcontractor, Manpower shall not be responsible for any liability that exceeds the insurance limits set forth in this Section
7(c); any such liability shall be the sole responsibility of Client and/or its designated subcontractors.
8. ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
a. Any discoveries, inventions, concepts or ideas (including improvements and modifications thereto) made or conceived solely or jointly
with others by any Assigned Employee in connection with work to be performed hereunder will be the property of Client as "work
made for hire' to the extent provided by sections 101 and 201(b) of the Copyright Act, 17 U.S.C. §§ 101, at seq. To the extent any
discovery, invention, concept or idea will be determined not to be a 'work made for hire; Manpower hereby assigns, and agrees to
assign, to Client, all right fitie and interest in such discovery, invention, concept or idea, including the copyright therein. Client will
have the right to file and prosecute, at its own expense, all patent applications, whether U.S. or foreign, on said discoveries,
inventions, concepts or ideas.
b. At the expense of Client, Manpower will provide to Client or, to the extent of its ability to do so, require Assigned Employees to provide
to Client all documents, information and assistance requested to establish or enforce its rights hereunder. Manpower will require
Assigned Employees to sign an employment agreement including language consistent with the foregoing, a copy of which is available
upon request.
9. LIMITED WARRANTY
a. Limited Warranty. Manpower provides staffing services as described in Section 1(a) above and not the work product or deliverables
created by its Assigned Employees. The Limited Warranty described in Section 1(c) above shall be Manpower's sole obligation to
Client and Client's exclusive remedy with respect to any nonconformity of or defect or deficiency in services or work fumished to
Client.
b. Disclaimer. THE LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND
PERFORMANCE, WRITTEN, ORAL OR IMPLIED; AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
10. MISCELLANEOUS
a. Survival of Certain Provisions. Except as expressly set forth herein, those provisions of this Agreement which by their terms extend
beyond the termination or non -renewal of this Agreement will remain in full force and effect and survive such termination or non-
renewal.
b. Severability. Each provision of this Agreement will be considered severable such that if any one provision or clause conflicts with or
may not be given full effect because of existing or future applicable law, this will not affect any other provision which can be given
effect without the conflicting provision or clause.
C. Entire Agreement and Amendment. This Agreement and the Exhibits attached hereto contain the entire understanding between the
parties hereto, and supersede all prior agreements and understandings relating to the subject matter hereof. No provision of this
Agreement may be amended or waived unless such amendment or waiver is agreed to in writing signed by both parties.
d. Headings. The headings of the Sections of this Agreement are inserted solely for the convenience of reference. The headings will in
no way define, limit, extend or aid in the construction of the scope, extent or intent of this Agreement
e. Waiver. The failure of a party to enforce the provisions of this Agreement will not be construed as a waiver of any provision or the
right of such party thereafter to enforce any provision of this Agreement
f. Transferability. Client nor Manpower will transfer or assign this Agreement without the other party's written consent.
g. Subcontracting and Service by Franchises. Manpower franchises may perform a part of Manpowers obligations hereunder and
Client's designee may perform supervisory duties, if any, hereunder.
h. Ambiguities. The rule of construction that ambiguities in an agreement are to be construed against the drafter will not be invoked or
applied in any dispute regarding the meaning or interpretation of any provision of this Agreement.
I. Counterparts. The parties may execute this Agreement in any number of duplicate originals, each of which constitutes an original,
and all of which; collectively, constitute only one agreement The signature of all the parties need not appear on the same
counterpart, and delivery of an executed counterpart signature page is as effective as executing and delivering this Agreement in the
presence of the other parties to this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile shall
also deliver a manually executed counterpart of this Agreement, but the failure to do so does not affect the validity, enforceability or
binding effect of this Agreement.
j. Independent Contractor. Nothing contained in this Agreement will be construed to create the relationship of principal and agent, or
employer and employee, between Manpower and Client.
Vol. I a P&-3=
Rev. 06/28/2006 Page 4 of 5
k. Notices. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service
or a nationally recognized courier, addressed as shown on the first page of this Agreement and, in the rase of Manpower, sent to the
attention of its Manager of Contract Administration.
I. Force Majeure. Neither parry will be responsible for failure or delay in performance hereunder if the failure or delay is due to labor
disputes, strikes (including but not limited to strikes of Client and/or Manpower), fire, riot, war, terrorism, pandemic, acts of God or any
other causes beyond the control of the non-performing party.
m. Mediation and Arbitration.
Mediation. Any claim dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a
condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the
subject of a lien arising out of Manpower's services, or a disputed and unpaid sum for such services, Manpower may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The County and Manpower shall endeavor to resolve claims, disputes and other matters in question between them by mediation
which, unless the parties mutually agree otherwise, shall be in accordance with the applicable Commercial Mediation Rules of the
American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this
Agreement and with the National Mediation Academy of Texas. The request may be made concurrently with the filing of a demand for
arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be
stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties
or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is
located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
n. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without
reference to any conflicts of law principles thereof.
o. Definition of Subsidiaries. The Subsidiaries include the following entities: Manpower International Inc., Complete Business Services
of Illinois, Inc., Tri County Business Services, Inc., Manpower Professional Services, Inc., USCADEN Corporation, Manpower of
Texas Limited Partnership, Manpower of Indiana Limited Partnership, Manpower Incorporated of New York and Signature Graphics of
Milwaukee, LLC.
11. Governmental Immunity. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or
any immunities from suit or from liability that Brazos County and its agencies has by operation of law. Nothing in this Agreement is intended to
benefit any third party beneficiary.
IN WITNESS WHEREOF, this Agreement has been duly executed by authorized signatories of Manpower and Client on the dates set forth
below.
Brazos County MANPOWER INC.
("CLIENT")
Signature Signature
Printed Namb Linda Gamsky
orvip-f--S
V ''j� Corporate Law Paralegal
Title //
4
II/C)Q" U6-1 aC1-09
Date Date
vol. I a- �- Pg. -j 33
Rev. 06128!2006 Page 5 of 5
EXHIBIT A
JOB DESCRIPTIONS AND LOCATIONS
SERVICES RATES
'o [itle ... ,.
lral tit Ta600,11fRa eft..,°
RN
Central Texas Regions
LVN
Central Texas Region
SERVICES RATES
'o [itle ... ,.
lral tit Ta600,11fRa eft..,°
RN
$37.43
LVN
$22.46
0-173
20%
ADDITIONAL BACKGROUND CHECKS AND TESTING IF NEEDED
7:. r �eY- .. c'ifi Re .�„ s yp.,. F, "&, . nm 4.. sy x'{,•_:+ .q ..ea'� n"
Criminal Record Check National records search $15.00 per Associate.
Drug Tests 5 panel Rapid test $20.00 per Associate.
GUARANTEE
In the event that Manpower removes an Assigned Employee pursuant to Section 1(c), Client will be relieved of the obligation to pay
for the first four hours of work performed by that Assigned Employee.
CONVERSION AND DIRECT HIRE FEES
1. Conversion during Term of Agreement
In the event Client hires as an employee or engages as an independent contractor any Assigned Employee during the term of this
Agreement before such Assigned Employee has worked at Client's facilities for at least 180 days in any one calendar year.
2. Conversion upon Termination of Agreement
Manpower will receive a flat, one-time placement fee in the amount of $8500.00 for every Assigned Employee Client hires as an
employee or engages as an independent contractor upon termination of this Agreement.
3. Direct Hire
The fee payable to Manpower for recruitment of a direct hire candidate is calculated based on the compensation to be paid to the
candidate during the first (twelve) 12 months of hire plus all applicable taxes. Compensation includes base gross salary, gross
compensation for services, fees, wages, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement
payments, incentive bonuses and all other payments to be made to the candidate for the first year of employment. Where Client
provides a company car, the monetary value will be added to the salary.
Weeks
Days
Hours
Fee percentage
0-4
0-30
0-173
20%
4-8
30-60
173-346
15%
8-12
60-90
346-520
10%
After 12
After 90
After 520
0%
All applicable taxes will be charged on any applicable fee accordingly, unless Client has tax-exempt status in accordance with Section
4(b)(3) of the Agreement. In all such instances of conversion or direct hire, Manpower makes no warranties regarding any Assigned
Employee's or candidate's fitness for employment and any such warranties, including but not limited to the Guarantee above, whether
express or implied, are void. Further, Client agrees that any decision to hire any Assigned Employee or candidate is wholly based on
Client's own evaluation of the Assigned Employee's or candidate's suitability for hire under its own hiring process. Notwithstanding
anything to the contrary herein, Client shall indemnify, defend and hold harmless Manpower for any loss, expense, damage, delay,
costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by Manpower relating to any
Assigned Employee's or candidate's employment or denial of employment or arising from any act or omission of any Assigned
Employee or candidate after the date the Assigned Employee or candidate becomes an employee of Client.
PENALTY FOR PAYROLL TRANSFER
If Client causes or permits any Assigned Employee to transfer to another entity's payroll, or to perform services for Client while on the
payroll of any person or firm other than Manpower, during the term of this Agreement and for a period of ninety (90) days after such
Assigned Employee's assignment at Client ends, then Client will pay to Manpower a fee in the amount of 10% of the Assigned
Employee's annualized compensation.
VOL I P& 13 `{
PARKING AGREEMENT - SHARED PARKING
THE STATE OF TEXAS
COUNTY OF BRAZOS
THIS PARKING AGREEMENT is made and entered into as of the date
signed by the County Judge of Brazos County and is by and between Brazos
County, ("the County"), and the Board of Regents of the Texas A&M University
System ("TAMUS").
WHEREAS, the County is the owner of unplatted property known as the
"remainder of Brazos County, Texas Called 159.00 Acre Tract, Vol. 4583, page
287, located at within the City of Bryan, Brazos County, Texas (hereinafter
referred to as "Property I ");
WHEREAS, the County is also the owner of adjacent property known as Lot
2, Block 1, Phase 2A, 3.65 Acres, Vol. 8205, Page 9, known as the Brazos County
Expo location and located within the City of Bryan (herein after referred to as
"Property H ");
WHEREAS TAMUS is a tenant of Brazos County at the Brazos County
Expo location;
Whereas, TAMUS contemplates construction and use of a parking easement
on property I, which parking will be shared between the County and TAMUS;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements set forth herein, the sufficiency of which is hereby acknowledged, the
parties hereby agree as follows:
1. Easement Purpose. The Easement granted by owner, the County, to tenant,
TAMUS, is for the purpose of parking.
2. Grant of Easement. The easement is granted by the County to TAMUS. The
easement is nonexclusive and irrevocable, but only for so long as the easement is
used for the purpose of parking on Property I.
3. Force and Effect. This Easement shall remain in full force and effect for so long
as such easement on Property I is used for the purpose of parking. At such time
that the use of property I is no longer used for purposes of the Easement by tenant
Shared Parking A Bement 1,35
Vol. l a��
TAMUS, the easement shall become null and void by its own terms, and the
County shall not be required to file any release, termination or other document to
evidence the termination of this Shared Parking Easement.
4. Maintenance & Liability: No Portion of the drives or parking areas on the or
the Property I shall be used for any purpose other than authorized by this
instrument an no fence, barricade or improvement shall be constructed by either
party that would prohibit the use of the parking lot or the Easement purpose.
After completion of construction of the parking lot, tenant shall provide, as
reasonably necessary, maintenance and repair work. This shall include any
striping, lot sweeping and landscaping.
Tenant TAMUS shall pay all utilities associated with the parking lot,
including facility lighting as directed by standard safety practices.
TAMUS and the County agree to maintain liability insurance for the parking
lot as is standard for their own business usage. TAMUS, a self-insured
governmental entity of the State of Texas, represents that its maximum tort
responsibility for personal injury and property damage is governed by the Texas
Tort Claims Act, TEXAS CIVIL PRACTICE & REMEms CODE, Chapter 101, Sections
101.021-023.
TAMUS agrees, to the extent authorized by the laws of the State of Texas,
to indemnify and hold harmless and defend the County, its officers, agents,
elected officials and employees from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind, including all
expenses of litigation, court costs and attorney's fees, for injury to or death of
any person, or damage to any property, or for any breach of contract arising
out of or in connection with this lease agreement and the purposes for which
this Agreement was entered into, including but not limited to property
damage, injuries and death due to the act, omission, mistake, fault, default, or
negligence of the Tenant, its agents, employees, invitees, licensees or guests.
5. No Third Party Beneficiary. It is mutually agreed that the intention of the
parties is that this Agreement is for the private benefit of the parties and their
respective successors and assigns and shall be strictly limited to and for the
purposes herein expressed.
Vol.__ Pg. --
Shared Parking Agreement
Page 2 of 3
6. Covenants Running With The Land. The rights and obligations contained in this
Agreement and the terms and condition hereof shall be deemed to be covenants
running with the land and binding upon the parties and their respective successors
and assigns.
Brazos County
t:ounty .luage
Date: l t %0310
STATE OF TEXAS
COUNTY OF BRAZOS
The Board of Regents of the
Texas A&M University System
r ---T
Phillip A Ray
University Co tracts Yfficer
Date: to to It e
This instrument was acknowledged before me by Brazos County Judge
Randy Sims on behalf of Brazos County this3rcL day of 2009.
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me by Phillip A. Ray, University
Contracts Officer on behalf of TAMUS
this '2.0 day (Q ['kV�Y of 2009.
LORI M MERVISH
My Commission Expires
May 10, 2013
�k. rnUkL1, 01
Notary Public, State of Texas
A//Vmk�rmcLANE ADVANCED TECHNOLOGIES
MUTUAL NON -DISCLOSURE AGREEMENT
A Company To Know
This Non -Disclosure Agreement ("Agreement") is made, entered into, and effective as of this I" day of October,
2009 (the "Effective Date"), by and among:
McLane Advanced Technologies, LLC (hereinafter referred to as "MAT"), a Texas Company, having an
office at 4001 Central Pointe Parkway, Temple, Texas 76504; and the County of Brazos (hereinafter referred
to as "COUNTY'l, a political entity of the State of Texas having an address of record at 300 East 26th
Street, Bryan, Texas 77803.
MAT and COUNTY may furthermore be referred to individually as "Party" or collectively as the "Parties".
Additionally, either Party to this Agreement may be designated as either a Disclosing or Receiving Party.
Purpose. The County Information Resources Agency (CIRA is undertaking a project to acquire a Comprehensive
Integrated Justice Information Management System (CIJIMS) in order to manage civil and criminal information
collected and maintained by the member counties in Texas. Pursuant to this effort, the Parties of this Agreement
shall exchange proprietary, confidential, or protected business-related services, products and capabilities. These
transactions are only to be made and exchanged in regards to this specific effort, and for no other reason.
Each Party may disclose confidential or proprietary information ("Information") to the other Party. The
individuals designated by each Party as the primary person(s) for receiving Information pursuant to this
Agreement are:
For: McLane Advanced Technologies, LLC
Randy Anderson
Becca Thompson
Bryan Atherton
For: COUNTY
1. . Information. Information includes, but is not limited to, business or technical information, trade
secrets, know-how, inventions, processes, customer lists, financial information, plans and forecasts, marketing
material, software and documentation, and other confidential or proprietary information of the Disclosing Party.
The Receiving Party shall have a duty to protect only that Information which is (a) Disclosed by the Disclosing
Party in writing (to include electronic transmissions and data files) and is marked as "Proprietary" or
"Confidential," or with a similar legend, at the time of disclosure, or which is; (b) Disclosed by the Disclosing
Party in any other manner and is identified as proprietary or confidential at the time of disclosure and is
summarized and designated as proprietary or confidential in a written memorandum delivered to the Receiving
Party within ten (10) calendar days of the disclosure.
(a) Information does not include anything which the Receiving Party can demonstrate in writing: i)
was in the public domain at the time of disclosure hereunder, or came into the public domain through no act or
fault of the Receiving Party; ii) was already known to the Receiving Party at the time of its disclosure by the
Disclosing Party; iii) has been publicly disclosed, or disclosed without obligations of confidentiality, by the
Disclosing Party; iv) was independently developed by or for the Receiving Party without the use of the Disclosing
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//1A/_MkM"rMCLANE ADVANCED TECHNOLOGIES
A Company To Know
Party's Information; or v) properly came into the Receiving Party's possession on a non -confidential basis, from a
source under no obligation to maintain its confidentiality.
(b) The Party seeking to exclude anything from the definition of Information shall bear the
affirmative burden of establishing, with documentary evidence, any of the conditions in (a) above. No information
shall be deemed to be entirely in the public domain merely because any part of it is embodied in general
disclosures or because individual features, components, or combinations thereof are, or become, publicly known.
2. Obligation of Confidentiality. Each Party agrees that with respect to the other Party's
Information, it will: a) keep the Information confidential and not disclose it without the Disclosing Party's express
written permission; b) use the Information only in furtherance of the Parties' Business Purpose and disclose it
only to those of its officers, directors, and employees who have a need to know in furtherance of the Business
Purpose, and who have agreed in writing not to disclose the Information; c) not duplicate any Information, in
whole or in part, except as necessary to the Parties' Business Purpose; d) retain all proprietary or confidential
legends, and all copyright or trademark notices, and refrain from disassembling, decompiling, or reverse,
engineering any Information; and e) immediately notify the Disclosing Party, in writing, of any unauthorized use
or disclosure of Information.
3. Strictest Care. Each Party shall take strict precautions to prevent the unauthorized disclosure or
use of Information provided to it. A Party will be considered to have met this obligation if it treats the Disclosing
Party's Information with the same degree of care with which it safeguards its own confidential and proprietary
information from disclosure or misuse, but with no less than strictest of care. Each Party will only disseminate
Information on a strict "need—to-know" basis.
4. Compelled Disclosure. Nothing in this Agreement will prevent a Receiving Party from disclosing
Information as required by the Texas Public Information Act ("the Act") or by order of a court or governmental
entity of competent jurisdiction; provided that, before complying with the Act or such order, the Receiving Party:
a) asserts the confidentiality of the Information sought; and b) immediately notifies the Disclosing Party of the
order, in writing, so the Disclosing Party may seek to prevent or limit any required disclosure. In any event, the
Receiving Party shall disclose only so much of the Information as it is legally compelled to disclose, and will take
reasonable steps to obtain assurances that any Information it must disclose will be treated confidentially to the
extent possible.
5. Term. The "Term" of this Agreement shall be three (3) years from the Effective Date. Only
Information provided to a Party during the Tenn will be protected under this Agreement. Any Party may
terminate this Agreement at any time on thirty (30) days written notice to the other Parties. However, a Receiving
Party's obligations of non -disclosure, and the Disclosing Party's rights and remedies, will survive this Agreement,
unless disclosed in conjunction with the language at Section I.
6. Return of Information. With expiration or termination of this Agreement, or at any time upon the
request of a Disclosing Party, a Receiving Party shall cease any use of the other Party's Information, and shall
either return such Information to the Disclosing Party or a written certification that such Information has been
destroyed. Notwithstanding the other provisions of this paragraph, the Receiving Party may make and retain one
copy of such Proprietary Information for archival and retention purposes only.
w .mclaneatcom 1-800-988-5428
P.O. Box 549 • Temple, TX 76503 r�p7l P: 254-7%0-6165
4001 Central Pointe Pkwy • Temple, TX 76504 Vol. I P$� I " F: 254-770-67.01
A//f/1VZrMcLANE ADVANCED TECHNOLOGIES
A Company To Know
7. No Implied Rights or License. All right, title, and interest in and to Information shall remain in
the Disclosing Party. Nothing in this Agreement, nor any action or omission by any Party, shall be construed to
convey any right, title, or interest in any Information, or any license to use, sell, exploit, copy, or further develop
any Information, nor is any license granted or implied under any form of intellectual property in which the
Disclosing Party has any right, title, or interest. None of the Parties has any obligation to disclose any Information
to the other Parties, nor to negotiate or enter into any agreement or relationship with the other Parties.
8. Solicitation of Employees. Beginning form the Effective Date of this Agreement and for a period
of one (1) year from the cessation of this Agreement, neither Party shall solicit, directly or indirectly, any
employee or consultant of the other Party of this Agreement without prior written permission to do so.
9. Warranty Exclusion. ALL INFORMATION IS PROVIDED ON AN "AS IS" BASIS, AND THE
DISCLOSING PARTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF NON -INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER
PARTY FOR LOST OR ANTICIPATED PROFITS, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE, OR ANY OTHER TYPE OF INDIRECT DAMAGES ARISING FROM OR RELATED TO THIS
AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARISE IN CONNECTION WITH THE
INTENTIONAL, WILLFUL, OR RECKLESS DISCLOSURE OF PROPRIETARY INFORMATION, IN
WHICH CASE A PARTY'S TOTAL LIABILITY FOR SUCH INTENTIONAL, WILLFUL, OR RECKLESS
DISCLOSURE SHALL NOT EXCEED TEN MILLION DOLLARS ($10,000,000).
Governing Law; Disputes. This Agreement shall be governed by, and interpreted in accordance with, the
laws of the State of a Texas (excluding its choice of law principles).
The parties to this Agreement will attempt to resolve any problem or dispute arising out of or related to this
Agreement through good faith consultation in the ordinary course of business. In the event that any problem or
dispute is not so resolved, either party may upon written notice to the other request that matter be referred to a
representative chosen by MAT and a COUNTY management officer with express authority to resolve the problem
or issue but who is not immediately responsible for the matters contemplated by this Agreement. Such
representatives will meet or confer at least once in good faith to negotiate resolution. If the representatives are
unable to resolve the problem or dispute within twenty-one (21) days to the satisfaction of both parties, either
party may take the matter to the Dispute Resolution Procedure ("Procedure") set forth below. No party may
institute litigation until the Procedure has been completed unless, and to the extent that, doing so is necessary to
avoid irreparable harm.
Dispute Resolution Procedure. If any problem or dispute arising out of or related to this Agreement is not
resolved by the parties in the above described manner, at the request of either party the matter will be submitted to
non-binding mediation, or to such other form of non- binding dispute resolution as the parties may then agree.
The mediation will be conducted by a panel of three persons, one mediator being chosen by each party and the
third mediator selected by the other two. Such mediation shall be settled in accordance with the Rules of the
American Arbitration Association. The Arbiter(s) award may include compensatory damages against either party
and shall be limited by the provisions of this Agreement. Under no circumstances will the Arbiter(s) be
authorized to, nor shall they award punitive damages or multiple damages against either party. The Arbiters shall
have the authority but not the obligation to award the costs of arbitration and reasonable attorney's fees to the
prevailing party; however, if the Arbiters do not award such costs and fees, each party will be responsible for its
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P.O. Boa 549 • Temple, TX 76503a G l l.Q P: 254-M-6165
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AAANCrMcLANE ADVANCED TECHNOLOGIES
A Company To Know
costs incurred in arbitration except that the costs and fees imposed by the Arbiter(s) for their expenses shall be
borne equally by the parties.
10. Remedies. The Parties acknowledge that due to the unique nature of the Information, any actual
or threatened breach of this Agreement may cause irreparable injury to the Disclosing Party, for which a remedy
at law may be inadequate. Therefore, the Disclosing Party shall be entitled to seek equitable or injunctive relief it
may be entitled at law or equity. In any action for equitable relief, the Parties agree to waive any requirement for
the posting of a bond or security. A limitation on remedies and damages is agreed on between the Parties to be
for a period of twelve (12) months immediately preceeding a cause of action or omission under this Agreement.
11. NOTICES. All notices, requests, demands and other communications under this Agreement must
be in writing and will be deemed duly given, unless otherwise expressly indicated to the contrary in this
Agreement: (i) when personally delivered; (ii) upon receipt of a telephone facsimile transmission with a
confirmed telephonic transmission answer back; (iii) three (3) days after having been deposited in the United
States mail, certified or registered, return receipt requested, postage prepaid; or (iv) one (1) business day after
having been dispatched by a nationally recognized overnight courier service, addressed to the parties or their
permitted assigns at the following addresses (or at such other address or number as is given in writing by either
party to the other), or otherwise delivered by electanic mail with a return / receipt notification to verify delivery.
12. Export Regulations. The Receiving Party represents and warrants that no technical data furnished
to it by the Disclosing Party shall be disclosed to any foreign national, nation, fum, or country, including foreign
nationals employed by or associated with the Receiving Party, nor shall any technical data be exported from the
United States without first complying with all then -current U.S. export control regulations including the
requirements of the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations
(EAR), including the requirement for obtaining any export license if applicable. The Receiving Party shall first
obtain the written consent of the Disclosing Party prior to submitting any request for authority to export any such
technical data. The Receiving Party shall indemnify and hold the Disclosing Party harmless for all claims,
demands, damages, costs, fines, penalties, attorney's fees, and all other expenses arising from failure of the
Receiving Party to comply with this clause or the ITAR and EAR.
13. Reverse Engineering, The Receiving Party may not cause or permit reverse engineering,
decompiling, disassembly, modifying, translation, or make any attempt to discover the source code of any
software, or create derivative works from any protected software, hardware, and/or firmware provided to or
disclosed to the Receiving Party. None of the Parties is granted the right to reproduce, reverse engineer,
manufacture, the products of any other Party covered by this agreement, and MAT also promises not to
reproduce, reverse engineer or manufacture the products of any vendor of County. Notwithstanding any other
provision of this Agreement, to the extent a Receiving Party's conduct results in a claim by a third party of
reverse engineering or other intellectual property violation will, to the extent allowed by law, defend and
indemnify the Disclosing Party for all costs and expenses associated with defense, settlement or judgment
resulting from that claim.
14. Miscellaneous. a) This Agreement contains the understanding between the Parties concerning the
exchange and protection of Information, and supersedes all prior or contemporaneous communications,
agreements, and understandings between the Parties on that subject. This Agreement may not be modified in any
manner except by written amendment executed by all of the Parties hereto, and no action or omission shall be
construed as a waiver unless expressly stated in writing by the waiving Party; b) this Agreement is binding on the
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P.O. Box 549 • Temple, TX 76503p !, P: 2.44-770-6165
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A1//f/1WrMcLANE ADVANCED TECHNOLOGIES
A Company To Know
Parties, and their respective officers, directors, employees, agents, successors, and permitted assigns. However, no
Party's rights or obligations under this Agreement may be assigned without the express written consent of the
other Parties, and any attempted assignment will be void. Assignment is permitted to any entity acquiring control
of a Party or of substantially all its assets; c) each Party shall bear all the costs and expenses it may incur in
complying with this Agreement; d) Sections 4, 7, 9, 10, 11, 12, 13, and 14 survive the expiration or termination of
this Agreement; e) if any provision of this Agreement is held invalid or unenforceable, the remaining provisions
shall continue in force; f) the headings used in this Agreement are for convenience only, and shall not be
construed as having any binding effect; g) This agreement contains the entire understanding between the parties,
superseding all prior comtemporaneous communications, representations, agreement, and understandings ,oral or
written, between the parties with respect to the subject matter hereon and h) this Agreement may be executed in
any number of counterparts, including facsimile signatures which shall be deemed as original signatures. All
executed counterparts shall constitute one Agreement, notwithstanding that all signatories are not signatories to
the original or the same counterpart; and h) the Parties acknowledge that they are similar or that they may have
complimentary line of business and that nothing contained in this Agreement shall prevent a Party from
independently developing and offering products and services without use of the other Party's Confidential or
Proprietary Information.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in duplicate originals by their
duly authorized representatives, as of the Effective Date.
For: McLane Advanced Technologies, LLC
By:z/ t%U
Name: Rand derson
Title: Senior Director, State Business Development
Date: October, 1, 2009
For:
Un
Nan
Title: Brazos County Judge
Date: [1!oVC)2
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W, ► 4.3
Vol. �_.=-- Pg.
Rockdale Regional .
Detentionf
September 1, 200909 -,
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF MILAM
4M YOUTH SERVICES, INC.
dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Detention Services
September 1 2009 - August 31, 2010
This agreement is entered into by and between Brazos County, at the request of and on behalf of
the Brazos County Juvenile Probation Department and 4M Youth Services, Inc., dba Rockdale
Regional Juvenile Justice Center, a Texas for-profit corporation,, licensed to provide child care
services by the Texas Juvenile Probation Commission, and/or any other appropriate State agency
with licensure or regulatory authority over this Facility ("Service Provider").
ARTICLE I
PURPOSE
1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in accordance with
the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention
facilities to house and maintain children of juvenile age, who are referred to a detention Facility for
act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-
dispositional status or in the post-dispositional treatment prescribed by the Court. The placement
Facility to be utilized is owed and operated by the Service Provider, and is located at 696 N FM 487,
Rockdale, Texas 76567. The business office of the Service Provider is 696 N FM 487, Rockdale, Texas
76567.
ARTICLE II
TERM
2.01 The term of this agreement is for 12 months, commencing September 1, 2009, and ending August
31, 2010.
ARTICLE III
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven
days a week; routine medical examination and treatment within the Facility (but shall not
provide or pay for emergency examination, treatment, or hospitalization outside the Facility);
an approved education program; recreation facilities; and counseling to each child placed in
the Facility.
If emergency examination, EMS treatment, health care treatment and/or hospitalization
outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the
Administrator of the Facility is authorized to secure the Outside Treatment at the expense of
Brazos County. Without waving any rights, which may arise to responsible third parties, Brazos
County agrees to indemnify and hold harmless Service Provider, its officers, directors,
representatives, agents, shareholders and employees from any and all liability for charges for
Outside Treatment. The Administrator shall notify the appropriate Brazos County officials of
Outside Treatment within twenty-four (24) hours of its occurrence.
Ei�
VOI. I.�-- PPr------
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
C. Children from Brazos County who are alleged to have engaged in delinquent conduct,
indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will
be admitted to the Facility under the authority of any Juvenile Court having jurisdiction or its
designated official. Children not released within forty-eight (48) hours (excluding weekends
and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance
with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified
copy of the Detention Order must be delivered to the detention Facility prior to the child's re-
admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
E. If a child is accepted by the Facility from Brazos County and the child thereafter is determined
to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable
or whose mental or physical conduct would or might endanger the other occupants of the
Facility, then the Administrator shall notify the Probation Department of Brazos County of this
determination. The child shall immediately be removed from the Facility. It will be the
responsibility of Brazos County to provide for the transportation for the removal of the child.
F. Service Provider agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex, or national origin.
G .It is further understood and agreed by the parties that children placed in pre -adjudication
care in the Facility shall be removed from the Facility by the appropriate authorities from Brazos
County, or its agents, servants or employees at the conclusion of the ten (10) day working
period authorized by the Court Order issued at the conclusion of the initial detention hearing
by the Judge of the appropriate Juvenile Court unless a new Order has been issued
authorizing the continued detention, and a copy of the new Order has been delivered to the
Facility, or unless a waiver of the ten (10) working day hearing has been executed and a
signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to
the waiver shall be furnished to the Facility. The same understanding and agreement between
the parties exists with the exception that court orders may authorize detention for up to fifteen
(15) working days after the initial hearing and detention period.
H. It is further understood and agreed by the parties that should a child in pre -adjudication care
not be removed as described above in paragraph (G.), by 12:00 o'clock noon of the tenth
(10) working day of an initial detention period, fifteenth working day if it is not, and a new
Order authorizing continued detention has not been received at the Facility, an employee of
Service Provider shall deliver the child to the Juvenile Court of the placing Brazos County for
which there will be an additional charge of .54 (fifty-four) cents per mile.
I. It is further understood and agreed by the parties that, children may be released to the
Probation Officer or other appropriate authority of Brazos County pursuant to: (a) paragraph E
or G of this agreement, (b) an Order of Release signed by the Judge of the Juvenile Court of
the placing Brazos County.
J. Service Provider shall be in compliance with all Standards and requirements of the Texas
Juvenile Probation Commission and all applicable State and Federal law.
K. Service Provider shall provide twenty four (24) hour supervision for the client, including awake
staff during sleeping hours in a Secure Facility.
L. Each child placed in the Facility shall be provided the opportunity to complete the
Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile
Vol. l pg I �{5
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
Probation Commission. Facility personnel administering the MAYSI-2 shall be properly trained,
sign the warning page, and document time and date administered. The MAYSI-2 shall then be
promptly provided to the Juvenile Probation Officer of the detaining county.
M. Each child placed in the Facility shall be enrolled in an educational program. Special steps
shall be taken to comply with requirements of Special Education students and their needs.
N. It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit the placing Brazos County, its agents, servants, or employees in any way
to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents,
shareholders and designees in any manner respecting its work, duties or functions pertaining to
the maintenance and operation of the Facility. However, it is also understood that the
Juvenile Court of Brazos County shall control the conditions and terms of detention supervision
as to a particular child pursuant to the Texas Family Code, Section 51.12.
ARTICLE IV
COMPENSATION
4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the
Service Provider the sum of 95 per day for each child. The daily rate shall be paid to the Service
Provider for each child in detention. The cost is based on the projected actual cost of care for
children in the Facility.
4.02 Psychiatric services will be provided to the child on on as needed basis. The initial psychiatric
evaluation will be paid for by Juvenile Probation at the rate of 200 per exam. Follow-up
evaluations will be paid by Juvenile Probation at the rate of 100 per exam.
4.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal
Officer on a monthly basis. Said invoice shall be submitted within ten (101 working days following
the end of the invoiced month, and shall include information deemed necessary for adequate
fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date
service was rendered, total daily cost, and total monthly cost. Each invoice received for payment
will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance
with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by
Juvenile Probation in a timely manner.
4.04 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and
expenditure of State funds. Service Provider shall forward a copy of the annual outside audit
to Juvenile Probation by March 1 following the end of the fiscal year.
2. If Service provider does not obtain an annual outside audit, then Service Provider shall provide
a separate accounting of funds received from Juvenile Probation in whole or in part paid from
state funds. The accounting shall clearly list the state funds received from Juvenile Probation
and account for expenditures of said funds including documentation of appropriate
expenditures as well as the year's tax forms and documentation. The accounting shall be
provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract.
4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part
with grant or state funds and shall be subject to termination without penalty, either in whole or in
part, if funds are not available or are not appropriated by the Texas Legislature.
4.06 In the event that State Reimbursement Rates are increased during the duration of the terms of this
contract, the new rates will become effective reflecting those of the increase.
14 (Q
Vol.
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees regarding
any claims of payment.
4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas
Family Code, Section 231.006.
4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation,
the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The
parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall
pay the costs of mediation services equally.
ARTICLE V
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement in Secure Short -Term Detention, the official
authorizing the placement shall call the Facility to ensure that space is available. Placement of
children by authorized officers of Juvenile Probation may be denied if space limitations require as
determined by the Facility.
5.02 A child will only be accepted in the Facility upon receipt by the Facility administrator of a proper
order from the Juvenile Court of Brazos County.
5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as
fixed and determined by the administrator and staff of the Facility.
ARTICLE VI
EXAMINATION OF PROGRAM 8 RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program
of services provided under the terms of this agreement and/or to review its record periodically. This
examination and evaluation of the program may include site visitation, observation of programs in
operation, interview and the administration of questionnaires to the staff of Service Provider and
the children when deemed necessary.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information regarding
contracted children as requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses of
this Agreement.
6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation. Service
Provider will maintain the records (as referenced above) for three (3) years after the termination of
this Agreement.
6.05 "Contractor understand that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with the
State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the authority to
pg, 1`47
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
audit funds received indirectly by subcontractors through the contractor and the requirement to
cooperate is included in any subcontract it awards."
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re -disclose the information except as required
to perform the services to be provided pursuant to this Agreement, or as may be required by law.
ARTICLE VIII
DUTY TO REPORT
8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any
allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a
juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time
the allegation is made, to all of the following:
A. Local law enforcement agency (such as the Milam County She(ff's Office);
B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile
number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-
free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and
C. Brazos County Juvenile Probation Department.
ARTICLE IX
DISCLOSURE OF INFORMATION
9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an on-going affirmative
duty under this Agreement to promptly ascertain and disclose in sufficient detail this some
information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation fled against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and/or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and/or consultants that have direct contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or
Vol. �— Pg'
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the
past ten years; or (3) a joilable misdemeanor conviction or deferred adjudication within the
past five years.
ARTICLE X
EQUAL OPPORTUNITY
10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant for
employment because of race, color, religion, sex or national origin including but not limited to
employment, promotion, demotion or transfer, recruitment or advertising, layoff or termination,
rates of pay or other forms of compensation and selection for training, including
apprenticeship. The Service Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provision
of this non-discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service
Provider, state that all qualified applicants for positions in the Facility, will receive consideration
for employment without regard to race, color, religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XI
OFFICIALS NOT TO BENEFIT
11.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no
other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his/her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or
the proceeds thereof.
ARTICLE XII
DEFAULT, SANCTIONS, PENALTIES FOR BREACH OF CONTRACT
12.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or
any part of this Agreement, as it deems appropriate, in any one of the following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
in either of these two circumstances after receiving notice of default, Service Provider does not
cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract
that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of the mediation services equally.
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's
fees from the other party, including actions for declaratory relief.
Vol. I a Pg. I 0
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31. 2010
E. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's
Fees from the other party, including actions for declaratory relief. All notices required under
this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return
receipt requested, to the party at the address listed below. A party must provide notice of a
change of address during the term of this Agreement. Unless specified otherwise, notice
required in this Agreement shall be deemed to have been received when actually received.
4M Youth Services, Inc. Brazos County
696 N FM 487 200 South Texas Avenue, Suite 332
Rockdale, TX 76567 Bryan, TX 77803
F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of this Agreement.
G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators
and judges shall give maximum effect to the principles of contractual freedom and
contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding
shall not affect the validity or enforceability of any other provision of the Agreement.
I. No express or implied waiver by any party of any right of that party under this Agreement in
any specific circumstance shall be considered to waive that right of that party in any other
circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives,
successors, and assigns.
ARTICLE XIII
TERMINATION
13.01 The term of this Contract shall be for a period of twelve months from the effective date; however, if
either party feels in its judgment that the contract cannot be successfully continued, and desires to
terminate this contract, then the party so desiring to terminate may do so by notifying the other
party in writing, by certified mail or personal delivery to its principle office, of its intention to
terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At
12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this
contract shall terminate, become null and void, and be of no further force or effect. Such
termination shall not affect or diminish Brazos County's responsibility for payment of any amounts
due and owing at the time of termination of the contract. Brazos County shall remove at its
expense all children placed in the Facility on or before the termination date.
ARTICLE XIV
INVENTORY OF EFFECTS
14.01 The Service Provide agrees to complete an inventory on all juveniles that enter the program. This
inventory will document all personal belongings of the juvenile at the time of admittance. The
inventory shall be dated and signed by the Service Provider and juvenile, and by their parents and
Case Manager, if available. The Service Provider is responsible for updating the inventory. At the
time of discharge, the Service Provider will provide a copy of the written inventory to the next
placement, parent, Case Manager, or guardian. The Service Provider will ensure that all personal
belongings of the juvenile are returned to the juvenile or Case Manager upon the discharge, or as
soon thereafter as practicable. The Service Provider shall take reasonable steps to ensure the
security of all personal belongings owned by juveniles under the Service Provider's care in order to
prevent the theft, damage or destruction beyond normal wear and tear of such belongings.
Vol. I a F- pg,®I®
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
ARTICLE XV
INDIVIDUAL RECORDS
15.01 When the Service Provider is holding, safeguarding or handling the personal funds of juveniles
being cared for in the Service Provider's Facility, individual records as to such funds must be kept.
The records must be kept in accordance with the American Institute of Certified Public
Accountants' Generally Accepted Accounting Standards and include at a minimum:
1. Juvenile's name;
2. Identification of juvenile's guardian;
3. Admission date;
4. Date and amount of each deposit or withdrawal;
5. Name of person accepting withdrawn funds; and
6. Balance after each transaction.
All money remaining in a juvenile's account upon leaving the Facility shall be returned to the
Brazos County Juvenile Probation Department. The Service Provider shall be liable in the event of
loss or theft, for all resident juvenile's funds retained by the Service Provider for holding,
safeguarding, or handling. The Service Provider shall keep any resident juvenile's funds received
for holding, safeguarding, or handling separate from any funds of the Service Provider, or from
those funds of any person other than another juvenile in residence at the Service Provider's Facility.
ARTICLE XVI
REPRESENTATION & WARRANTIES
16.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and
staff certifications to provide the type(s) of services being contracts for; that it is in compliance
with all statutory and regulatory requirements for the operations of its business; and that there
are no taxes due and owing to the State of Texas, the County of Brazos, or any political
subdivision thereof;
C. Service Provider will maintain in force policies of general liability insurance against loss to any
person or property occasioned by acts or omissions of Service Provider. Certified copies of
original insurance policies shall be furnished to Juvenile Probation. Furthermore Juvenile
Probation shall be notified immediately upon any changes in the status of insurance policies
and shall promptly furnish updated certificates of insurance to Juvenile Probation.
D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be
properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile
in accordance with the requirements of Texas Family Code Chapter 261 and any applicable
Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and
exploitation allegations.
ARTICLE XVII
OVERPAYMENTS
17.01 Should Brazos County overpay the Service Provider for services rendered or make payments in error
vol. 12 8 P&
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
for services that were not provided, the Service Provider will notify Brazos County within the next
regular billing cycle. The Service Provider understands that any and all overpayments remain the
property of Brazos County, and that Brazos County retains the right to recover any and all amounts
overpaid. Brazos County reserves the right to offset overpaid amounts by withholding or reducing
future payments.
ARTICLE XVIII
TOBACCO SMOKING PROHIBITED
18.01 Public Law 103-227, also known as the Pro -Children Act of 1994 (Act), requires that smoking not be
permitted in any portion of any indoor Facility owned or leased or contracted for by an entity and
used routinely or regularly for the provision of health, day care, early childhood development
services, education or library services to children under the age of 18, if the services are funded by
Federal programs either directly or through State or local governments, by Federal grant, contract,
loan, or loan guarantee. The law also applies to children's services that are provided in indoor
facilities that are constructed, operated, or maintained with such federal funds. The law does not
apply to children's services provided in private residences; portions of facilities used for in-patient
drug or alcohol treatment; service providers whose sole source of applicable Federal funds in
Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for
each violation and/or the imposition of an administrative compliance order on the responsible
entity. The Service Provider agrees to comply with the requirements of the Act and will not allow
smoking within any portion of any indoor Facility used for the provision of services for children as
defined by the Act.
ARTICLE XIX
TEXAS LAW TO APPLY
19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Milam County, Texas.
ARTICLE XX
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Milam County, Texas.
ARTICLE XXI
LEGAL CONSTRUCTION
21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable
provision shall not affect any other provision thereof and this Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained therein.
XXI I
PRIOR AGREEMENTS SUPERSEDED
22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any
prior understandings or written or oral Agreement between the parties respecting the within
subject matter.
vol. a �' Pg. 15 a"
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2009 - August 31, 2010
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of
delinquency or an act indicating a need for supervision, and payment for such care will be made by
Brazos County for the children placed in the Facility of the Judge of Brazos County having juvenile
jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OFAN
,,ORIGINAL.
IN WITNESS WHEREOF, we hereunto affix our signatures this JICA day of
NLVcAJyrs , 200_d—.
Brazos County
Probation DepaUt _Z
Ciw` -4--- (6-Z-710
Doug Vance, Director
Brazos County Juvenile Services
Brazos
Randy Sims, Aunty
and Juve Board
4M Youth Services, Inc.
Tia Coleman -Garrett
Facility Administrator
Vol. it -�- '� pg, 153
CONTRACT AND AGREEMENT FOR SECURE LONG-TERM
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS §
COUNTY OF MILAM §
4M YOUTH SERVICES, INC
d/b/a ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Residential Services
September 1 2009 -August 31, 2010
This Agreement is entered into by and between Brazos County and the Brazos County
Juvenile Probation Department and 4MYouth Services, Inc., d/b/a Rockdale Regional
Juvenile Justice Center, a Texas for-profit corporation, licensed to provide childcare services
by the Texas Juvenile Probation Commission, and/or any other appropriate State agency with
licensure or regulatory authority over this facility ("Service Provider").
ARTICLE I
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation
with long term residential care for children adjudicated to have committed delinquent
conduct or conduct indicating a need for supervision. The placement facility to be
utilized is owned and operated by Service Provider and is located at 696 N FM487,
Rockdale, Texas 76567. The business office of Service Provider is 696 N FM 487,
Rockdale, Texas 76567.
ARTICLE II
TERM
2.01 The term of this agreement is for 12 months, commencing on or about September 1,
2009 and ending August 31, 2010.
ARTICLE III
SERVICES
3.01 Service Provider will provide the following level of care services:
A. Basic as defined by Texas Department of Family and Protective Services
§700.2301.
Vol. -1 d a- Pg._=_
The Basic Service Level consists of a supportive setting, preferably in a family,
that is designed to maintain or improve the child's functioning, including:
(1) routine guidance and supervision to ensure the child's safety and sense
of security;
(2) affection, reassurance, and involvement in activities appropriate to the
child's age and development to promote the child's well-being;
(3) contact, in a manner that is deemed in the best interest of the child,
with family members and other persons significant to the child to
maintain a sense of identity and culture; and
(4) access to therapeutic, rehabilitative, and medical intervention and
guidance from professionals or paraprofessionals, on an as -needed
basis, to help the child maintain functioning appropriate to the child's
age and development.
B. Specialized, as defined by Texas Department of Family and Protective Services
§700.2321
The Moderate Service Level consists of a structured supportive setting, preferably
in a family, in which most activities are designed to improve the child's
functioning including:
(1) more than routine guidance and supervision to ensure the child's
safety and sense of security;
(2) affection, reassurance, and involvement in structured activities
appropriate to the child's age and development to promote the child's
well-being;
(3) contact, in a manier that is deemed in the best interest of the child,
with family members and other persons significant to the child to
maintain a sense of identity and culture; and
(4) access to therapeutic, rehabilitative, and medical intervention and
guidance from professionals or paraprofessionals to help the child
attain or maintain functioning appropriate to the child's age and
development.
hi addition to the description in subsection (a) of this section, a child with
primary medical or rehabilitative needs may require intermittent interventions
from a skilled caregiver who has demonstrated competence.
Vola 10-?, Pg. 156
C. Intensive as defined by Texas Department of Family and Protective Services
§700.2341.
The Specialized Service Level consists of a treatment setting, preferably in a family, in
which caregivers have specialized training to provide therapeutic, rehabilitative, and
medical support and interventions including:
(1) 24-hour supervision to ensure the child's safety and sense of security, which
includes close monitoring and increased limit setting;
(2) affection, reassurance, and involvement in therapeutic activities appropriate to
the child's age and development to promote the child's well-being;
(3) contact, in a manner that is deemed in the best interest of the child, with
family members and other persons significant to the child to maintain a sense
of identity and culture; and
(4) therapeutic, rehabilitative, and medical intervention and guidance that is
regularly scheduled and professionally designed and supervised to help the
child attain functioning appropriate to the child's age and development.
In addition to the description in subsection (a) of this section, a child with primary
medical or rehabilitative needs may require regular interventions from a caregiver who
has demonstrated competence.
The three levels of care service delivery criteria as well as the required description of
the characteristics of children will be in accordance with the definitions determined by
the Texas Juvenile Probation Commission.
3.02 Service Provider will perform the following services:
A. Provide basic residential services, including: standard supervision by qualified
adults, food and snacks, recreation, personal hygiene items, hair cuts,
transportation, school supplies, room, (rent, utilities, maintenance, telephone), as
agreed by Juvenile Probation.
B. Provide and document paraprofessional counseling, off -campus visits or
furloughs, major incidents and worker contacts. Any and all associated with off -
campus visits or furloughs will be paid by the parent or guardian.
C. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are
notified if a child in placement makes an unauthorized departure, becomes
seriously ill, or is involved in a serious accident. The Probation Officer and
parents will be informed immediately if during working hours. After normal
d. $-'-
Vol. _._.—
working hours, every effort will be made to notify Juvenile Probation and the
parents. In the event of serious illness or accident and for any required follow-up
care Service Provider shall be responsible for having the child transported to the.
nearest hospital or emergency care facility.
D. Provide to the Juvenile Probation Department a written Individualized
Treatment/Case Plan developed in concert with the client and mutually agreed
upon by the appropriate Service Provider staff and the Probation Officer within
thirty (30) days of placement. Said individualized Treatment/Case Plan shall
include measurement of progress towards goals in the following nine (9)
domains: medical; safety and security; recreational; educational;
mental/behavioral health; relationship; socialization; permanence; parent and
child participation.
E. Initiate and document meetings to review the Individualized Program Plan with
the child and the assigned Residential Services Probation Officer at reasonable
intervals, not to exceed ninety (90) days, to assess the child's progress toward
meeting goals set forth, malting modifications when necessary, and determining
the need for continued placement outside of the child's natural home. The
Individualized Treatment Plan shall contain the reasons why the placement may
benefit the client; shall specify behavioral goals and objectives being sought for
each client; shall state how the goals and objectives are to be achieved in the
placement; shall state how the parent(s), guardian(s), and, where possible,
grandparents and other extended family members will be involved in the program
plan to assist in preventing controlling the child's objectionable behavior.
F. Maintain copies of the original Individualized Prograrn Plan and the periodic
reviews.
G. Provide the Juvenile Probation Department with a written report of the child's
progress on a monthly basis in a Monthly Progress Report.
H. Document and maintain records pertaining to the effectiveness of goods and
services provided to contracted children. These records shall contain, but are not
limited to: percentage of youth in programs successfully achieving set
educational goals, percentage of youth achieving set vocational goals, percentage
of youth achieving set social skills goals, percentage of youth demonstrating
overall progress, number and type of investigations made by the Department of
Family and Protective Services or any law enforcement agency due to reports of
abuse and/or neglect. These records shall be made available to Juvenile Probation
for periodic inspection.
I. Any and all medical/psychiatric treatment and medication required to meet the
needs of the child, as well as clothing, or other expenses not provided for in the
Vol. I) VP&
Service Provider's program, shall be the sole responsibility of the said child's
parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation,
to be paid by either Juvenile Probation, health insurance or Medicaid coverage.
However in no case shall a child be denied any needed medical/ psychiatric
treatment or clothing due to the inability to pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation
will be evaluated on the basis of the out put and out come measures contained in this
section. Juvenile Probation, at its discretion, may use other means or additional
measures to evaluate the performance of Service Provider in fulfilling the terms and
conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this
Agreement according to the following specific performance goals for Service
Provider:
1. Ensure children complete residential placement.
2. Prevent re -referrals o children during the six (6) months following release
from residential placement.
3. Ensure children move down in their Level of Care as they progress in the
tr-eatrnent program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following
output measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re -referrals of children discharged from placements within
six (6) months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care
Vol. I a Pg, i 5
C. Juvenile Probation shall further evaluate Service Provider by the following out
come measures:
1. Percentage of children in residential placement who will complete their
placement as a successful discharge.
2. Percentage of children who have completed their placement and no re -referrals
within six (6) months after release.
3. Percentage of children who move down in their Level of Care.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of
the foregoing output and outcome measures. These reports will be reviewed by
Juvenile Probation in order to monitor Service Provider for programmatic
compliance with this Agreement.
ARTICLE V
COMPENSATION
5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees
to pay the Service Provider the sum of $100 per day for each child, admitted under
"Moderate" Level of Care, $130 per day for each child admitted under "Specialized"
Level of Care and $225 per day for each child admitted under "Intensive" Level of
Care. The Levels of Care are defined by the Texas Juvenile Probation Commission.
The daily rate shall be paid to the Service Provider for each day a child is in
residential placement pursuant to billing and paying procedures agreed upon by
Juvenile Probation and Service Provider. For children participating in sex offender
treatment, the cost of the Offense Sununary Polygraph and .the Sexual History
Polygraph will be paid by the Service Provider at a rate of $175 per exam. Additional
polygraphs required due to the child failing one or both of the aforementioned exams
will be paid by Juvenile Probation at a rate of $175 per exam. The cost is based on
the projected actual cost of care for children in the facility. Payment is due within 30
days of receipt of billing.
5.02 Psychiatric services will be provided to the child on an as needed basis. The initial
psychiatric evaluation will be paid for by Juvenile Probation at the rate of $200 per
exam. Follow-up evaluations will be paid by Juvenile Probation at the rate of $100
per exam.
5.03 The above fee will be paid only for those children specifically authorized to be
placed by Juvenile Probation through its Fiscal Officer or other designated official.
This fee shall include residential care and a minimum of one group or individual
counseling session per month.
Vol. [. e pg. ),59
5.04 Service Provider will submit an invoice for payment of services to the Juvenile
Probation Fiscal Officer with a copy to the Brazos County Auditor, 200 South Texas
Avenue, Ste. 332, Bryan, Texas .77803 on a monthly basis. Said invoice shall be
submitted with ten (10) working days following the end of the invoiced month and
shall include information deemed necessary for adequate fiscal control. Including but
not limited to: to be attributed to specific clients if appropriate, date service was
rendered, total daily cost, and total monthly cost. Each invoice received for payment
will be reviewed by Juvenile Probation in order to monitor Service Provider for
financial compliance with this Agreement. Invoices submitted by Service Provider in
proper form shall be paid by Juvenile Probation in a timely manner.
5.05 If an emergency examination, EMS treatment, health care treatment and/or
hospitalization outside the Facility ("Outside Treatment") are required for a child
placed in the Facility, the Administrator of the Facility is authorized to secure the
Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation
agrees to indemnify and hold the Service Provider, its officers, administrator,
representatives, agents, shareholders and employees from any and all liability for
charges for Outside Treatment. The Administrator shall notify Juvenile Probation of
outside Treatment within twenty-four (24) hours of its occurrence.
5.06 Service Provider shall account separately for the receipt and expenditure of any and
all state funds received from Juvenile Probation under thus contract. Service Provider
shall account separately for state funds received and expended utilizing the following
Generally Accepted Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
receipt and expenditure of State funds. Service Provider shall forward a copy of
the annual outside audit to Juvenile Probation by March I following the end of the
fiscal year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider
shall provide a separate accounting of funds received from Juvenile Probation in
whole or in part paid from state fiords. The accounting shall clearly list the state
funds received from Juvenile Probation and account for expenditures of said funds
including documentation of appropriate expenditures as well as the year's tax
forms and documentation. The accounting shall be provided to Juvenile Probation
thirty (30) days prior to the renewal date of the contract.
5.07 It is understood and agreed by Service Provider that this Agreement is funded in
whole or in part with grant or state funds and shall be subject to termination without
penalty, either in whole or in part, if finds are not available or are not appropriated
by the Texas Legislature.
5.03 In the event that State Reimbursement Rates are increased during the duration of the
terms of this contract, the new rates will become effective reflecting those of the
increase.
5.09 Service Provider agrees to make claims for payment or direct any payment disputes to
Juvenile Probation's Fiscal Officer with a copy of any payment claim or invoice to
the Brazos County Auditor. Service Provider will not contact other department
employees regarding any claims of payment.
5.10 Service Provider will provide certification of eligibility to receive State funds as
required by Texas Family Code Section 231.006.
5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief,
the parties agree to negotiate in good faith in an effort to resolve any disputes related
to this contract that may arise, no matter when the dispute may arise. If a dispute
cannot be resolved by negotiation, the dispute shall be submitted to mediation before
the parties resort to arbitration or litigation. The parties shall choose a mutually
acceptable mediator to mediate the dispute, and the parties shall pay the costs of
mediation services equally.
ARTICLE VI
ADDITIONAL TERMS & AGREEMENTS
6.01 Prior to transporting a child to the Facility for placement, the official authorizing the
placement shall call the Facility to ensure that space is available. Placement of
children by authorized officers of Juvenile Probation may be denied if space
limitations require as determined by the Facility.
6.02 A child will only be accepted in the Facility upon receipt by the Facility
Administrator of a proper order from the Juvenile Court of Brazos County.
6.03 Each child placed in the Facility shall be required to follow the rules and regulations
of conduct as fixed and determined by the Administrator and staff of the Facility.
6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter
is determined to be, in the sole judgment of the Administrator, mentally unfit,
dangerous, or unmanageable, or whose mental or physical conduct would or might
endanger the other occupants of the Facility, then the Administrator shall notify the
Juvenile Probation Department of Brazos County of this determination. The child
shall be removed immediately from the Facility. It will be the responsibility of
Juvenile Probation to provide for the transportation for the removal of the child.
6.05 Service Provider agrees that the Facility will accept any child who qualifies, without
regard to such child's religion, race, creed, sex or national origin.
Vol ---12, ?--•-- Pg.--=1--
6.06 It is understood and agreed by the parties that children placed in the Facility under
proper orders of the appropriate Juvenile Court shall not be discharged from the
Facility until the Administrator of the Facility receives a written authorization from
the Juvenile Probation Department that originally detained the child.
6.07 It is further understood and agreed by the parties that children placed in the Facility
may be released to the Probation Officer or other appropriate authority of Brazos
County pursuant to: (a) section 6.04 of this Agreement, (b) an Order of Release
signed by the Judge of the Juvenile Court of Brazos County.
6.03 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Brazos County, its agents, servants, or employees in any way to
manage, control, director instruct Service Provider, its director, officers, employees,
agents, shareholders and designees in any manner respecting its work, duties or
functions pertaining to the maintenance and operation of the Facility. However, it is
also understood that the Juvenile Court of Brazos County shall control the conditions
and terms of detention supervision as to a particular child pursuant to Texas Farnily
Code, Section 51.12.
6.09 Juvenile Probation reserves.the right to terminate the client's placement with Service
Provider at its discretion. Service Provider must not release a client to any person or
agency other than Juvenile Probation without the express consent of an authorized
agent of Juvenile Probation.
ARTICLE VII
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and
evaluate its program of services provided wader the terms of this agreement and/or to
review its record periodically. This examination and evaluation of the program may
include site visitation, observation of programs in operation, interview and the
administration of questionnaires to the staff of Service Provider and the children
when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information
contracted children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider
agrees to maintain and make available to authorized representatives of the State of
Texas or Juvenile Probation and the Brazos County Auditor any and all books,
docwnents or other evidence pertaining to the costs and expenses of this Agreement.
Vol.— P& ip a
7.04 Service Provider will keep a record of all services provided to Juvenile Probation
under this Agreement, and upon reasonable notice will provide information, records,
papers, reports, and other documents regarding services furnished as may be
requested by Juvenile Probation. Service Provider will maintain the records (as
referenced above) for three (3) years after the termination of this Agreement.
7.05 "Service Provider understands that acceptance of funds under this contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency, to
conduct an auditor investigation in connection with those funds. Contractor further
agrees to cooperate fully with the State Auditor's Office or its successor in the
conduct of the audit or investigation, including providing all, records requested.
Service Provider will ensure that this clause concerning the authority to audit funds
received indirectly by subcontractors through the Service Provider and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records
relating to children involved in Juvenile Probation, and shall not re -disclose the
information except as required to perform the services to be provided pursuant to this
Agreement, or as maybe required by law.
ARTICLE IX
DUTY TO REPORT
9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider
shall report any allegations or incident of abuse, exploitation or neglect of any child
(including but not limited to a juvenile that has been placed by Juvenile Probation)
within twenty-four (24) hours from the time the allegation is made, to all of the
following:
A. Local law enforcement agency (such as the Milam County Sheriffs Office);
B. Texas Juvenile Probation Commission by submitting a TJPC hmcident Report
Form to facsimile number 1 -512-424-6717 (or if unable to complete the form
within 24 hours, then by calling toll-free 1-877-786-7263, followed by
submitting the report within 24 hours of said call); and
C. Brazos County Juvenile Probation Department
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and
disclosed the following information to Juvenile Probation, and agrees that it shall
have an ongoing affirmative duty under this Agreement to promptly ascertain and
disclose in sufficient detail this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing-
authorities;
icensingauthorities;
B. Any and all litigation filed against the Service Provider, or against its
employees, interns, volunteers, subcontractors, agents and/ or consultants that
have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or
consultant of the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child
abuse, neglect and exploitation investigation where an employee, intern,
volunteer, subcontractor, agent and/or consultant of the Service Provider that
has direct contact with juveniles was the alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/ or consultants that have direct contact with
juveniles that are registered sex offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with
juveniles that have a criminal history. For the purpose of this Agreement, the
tern "criminal history" shall include: (1) current felony or misdemeanor
probation or parole; (2) a felony conviction or deferred adjudication within
the past ten years; or (3) a jailable misdemeanor conviction or deferred
adjudication within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children
and their parents. During the performance of this contract the Service Provider agrees
it:
(a) Will not discriminate against any child, child care provider, parent, employee
or applicant for employment because of race, color, religion, sex or national origin
vol. 1a_ Pg. l Lp `i
including but not limited to employment, promotion, demotion or transfer,
recruitment or advertising, lay-off or termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship. The Service
Provider agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provision of this non-
discrimination.
(b) Will, in all solicitations or advertisements for employees placed by or on
behalf of the Service Provider, state that all qualified applicants for positions in the
Facility, will receive consideration for employment with out regard to race, color,
religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
OFFICIALS NOT TO BENEFIT
12.01 No officer, employee or agent of Juvenile Probation and no member of its governing
body and no other public officials of the governing body of the locality or localities
in which the project is situated or being carried who exercise any functions or
responsibilities in the project shall participate in any decision relating to this
Agreement which affects or conflicts with his/her personal interest or have any
personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds
thereof.
ARTICLE XIII
DEFAULT SANCTIONS, PENALTIES FOR BREACH OF CONTRACT
13.01 Juvenile Probation may, by written notice of default to Service Provider, tenninate
the whole or any part of this Agreement, as it deems appropriate, in anyone of
following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement
within the time specified herein or any extension thereof, or
B. If Service Provider fails to perform any of the other material provisions of this
Agreement, including failure to achieve the defined goals, outcomes, and out
puts, or so fails to prosecute the work as to endanger the performance of this
Agreement in accordance with its terms, and in either of these two
circumstances after receiving notice of default, Service Provider does not cure
such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial
relief, the parties agree to negotiate in good faith in an effort to resolve any
disputes related to this contract that may arise, no matter when the dispute
may arise. If a dispute cannot be resolved by negotiation, the dispute shall be
submitted to mediation before the parties resort to arbitration or litigation.
The parties shall choose a mutually acceptable mediator to mediate the
dispute, and the parties shall pay the costs of mediation services equally.
D. The prevailing party in any law suit arising out of this Agreement will been
entitled to Attorney's fees from the other party, including actions for
declaratory relief.
E. All notices required under this Agreement shall be in writing. They shall be
sent by fax or by registered US, mail, return receipt requested, to the party at
the addresses listed below. A party must provide notice of a change of address
during the term of this Agreement. Unless specified otherwise, notices
required in this Agreement shall be deemed to have been received when
actually received.
F. Captions in this Agreement are for convenience only and shall be deemed
irrelevant in construing the provisions of the Agreement.
G. The parties intend that, in construing and enforcing the provisions of the
Agreement, mediators and judges shall give maximum effect to the principles
of contractual freedom and contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or
unenforceable, this finding shall not affect the validity or enforceability of
airy other provision of the Agreement.
I. No express or implied waiver by any party of any right of that party under this
Agreement in any specific circumstance shall be considered to waive that
right Of that party in any other circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to
the benefit of the parties and their respective heirs, executors, administrators,
legal representatives, successors, and assigns.
ARTICLE XIV
TERMINATION
14.01 The term of this Contract shall be for a period of twelve months from the effective
date: however, if either party feels in its judgment that the contract cannot be
successfully continued, and desires to terminate this contract, then the party so
desiring to terminate may do so by notifying the other party in writing, by certified
mail or personal delivery to its principal office, of its intention to terminate the
vol. i 1 � Pg (r (�
contract thirty (30) calendar days from the date of the Notice of Termination. At
12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of
Termination, this contract shall terminate, become null and void, and be of no further
force or effect. Such termination shall not affect or diminish Brazos County's
responsibility for payment of any amounts due and owing at the time of termination
of the contract. Brazos County shall remove at its expense all children placed in the
Facility on or before the termination date.
ARTICLE XV
WAIVER OF SUBROGATION
15.01 Service Provider expressly waives any and all rights it may have of subrogation to any
claims or rights of its employees, agents, owners, officers, or subcontractors against
Brazos County and Brazos County Juvenile Probation. Service Provider also waives
any rights it may have to indemnification from.Brazos County and Brazos County
Juvenile Probation
ARTICLE XVI
INDEMNIFICATION
16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos
County and Brazos County Juvenile Probation against any and all negligence,
liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s)
of commission or omission by Service Provider, its agents, servants or employees
arising from activities under this contract. Service Providers hall have no obligation
to indemnify and .hold harmless Brazos County and Brazos County Juvenile
Probation for any act(s)of connnission or omission of the County or the County's
agents, servants, or employees arising from or related to this contract for which a
claim or other action is made.
ARTICLE XVII
SOVEREIGN IMMUNITY
17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity,
Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal
and state law. The parties expressly agree that no provision of this Agreement is in
any way intended to constitute a waiver or any immunities from suit or from liability
that the Brazos County has by operation of law. Nothing in this Agreement is
intended to benefit any third party beneficiary.
vol. 12- B pg, ) b 7
ARTICLE XVIII .
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. That is has all necessary right, title, license and authority to enter into this
Agreement;
B. That is qualified to do business in the State of Texas; that it hold all necessary
licenses and staff certifications to provide the type(s) of services being
contracted for; that it is in compliance with all statutory and regulatory
requirements for the operations of its business; and that there are no taxes due
and owing to the State of Texas, the County of Brazos, or any political
subdivision thereof;
C. Service Provider will maintain in force policies of general liability insurance
against loss to any person or property occasioned by acts or omissions of
Service Provider. Certified copies of original insurance policies shall be
furnished to Brazos County and Brazos County Juvenile Probation.
Furthermore the Juvenile Probation shall be notified immediately upon any
changes in the status of insurance policies and shall promptly famish updated
certificates of insurance to Juvenile Probation.
D. That all of its employees, interns, volunteers, subcontractors, agents and/or
consultants will be properly trained to rep ort allegations or incidents of
abuse, exploitation or neglect of a juvenile in accordance with the
requirements of Texas Faimily Code Chapter 261 and any applicable Texas
Juvenile Probation Commission administrative rules regarding abuse, neglect
and exploitation allegations.
ARTICLE XIX
TEXAS LAW TO APPLY
19.01 This Agreement shall be construed under and in accordance with the laws of the State
of Texas, and al obligations of the parties created hereunder are performable in
Milam County, Texas.
ARTICLE XX
VENUE
20.01 Exclusive Venue for any litigation arising from this Agreement shall be in either
Brazos or Milam Count),.
Vol. _ a Pg'
ARTICLE XXI
LEGAL CONSTRUCTION
21.01 In case anyone or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceable provision shall not affect any other provision thereof and
this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained therein.
ARTICLE XXII
PRIOR AGREEMENTS SUPERSEDED
22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and
supersedes any prior understandings or written or oral agreement between the parties
respecting the within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this
Contract and Agreement is a contract providing for the care of children who have allegedly
committed an act of delinquency or an act indicating a need for supervision, and payment for
such care will be made by Brazos County for the children placed in the Facility by the Judge
of Brazos County having juvenile jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE
AND EFFECT OF AN ORIGINAL.
IN WITNESS WHEREOF, we hereunto affix our signature this 3 day of NN, 2009 .
Randy
Judge
L/" ti's"___ ol Z A
Doug Van e, Director Juvenile Probation
Brazos County
Juvenile Probation Department
4M Youth Services, Inc.
Tia Coleman -Garrett
Facility Administrator
Vol. 1, a f Pg. 16717
Document Efficiency
At Work.'
A RICOH COMPANY
Product Schedule Number. State and Local Government Master Agreement
This Image Management Plus Product Schedule ("Schedule") is made part o7p �a State and Loc Goverrryry��anI Must e Agreement ("Master Agreement") identified on
this Schedule between IKON Office Solutions, Inc. ("we" or "us") and Rica ZO S ,mU1'174 O
as Customer ("you"). All terns and conditions of the Master Agreement are incorporated into this Schedule and made a part
hereof. It is the intent of the panics that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to
the Master Agreement
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TERMS AND CONDITIONS
t. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form.
2. You, the undersigned Customer, have applied to us to use the above-described items ("Products") for lawful commercial (non -consumer) purposes. THIS IS AN
UNCONDITIONAL, NON -CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to
use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS
SCHEDULE AND THE MASTER AGREEMENT.
3. Ima n Charges/Mete : In return for the Minimum Payment, you am entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you
use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge
equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used mom than 20% over the
manufacturces recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period
of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding
additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon
request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for additional images
will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment.
4. Additional Provisions (if any) are: q
THE PERSONSICN HIS AC E N BEHAL F THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO
CUSTOME IKON Office Solutions, Inc
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IKON Office Solutions and IKON: Ducumenl Efficiency At WorkV /A Ricoh Company are trademarks of IKON Office Solutions, Inc. Rimh1' is a registered
trademark of Ricoh Company. Ltd Rn,. 06.09
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�—
WON OFFICE SOLUTIONS, INC. UxtuttaM ErFmethry -
AfWerr.':
IMAGE MANAGEMENT PLUS COMMITMENTS •�
The below service commitments (collectively, the "Service Commitments) are brought to you by IKON Office Solutions, Inc, an Ohio corporation having Its principal place of
business at 70 Valley Stream Parkway, Malvern, PA 19355 ('IKON), one of the largest distributors of office solutions in the world. The words you' and tyour^ refer te yo% our
customer. The Service Commitments are only applicable m the equipment ('Equipment) described In the Schedule to which these Service Commitments are attached, excluding
facsimile machines, single -function and wide-fcrmat printers The Service Commitments are effective an the date the Equipment is accepted by you and apply during IKON'S normal
business hours, excluding weekends and IKON recognized holidays. They remain In eflectfor the Minimum Term so long as no ongoing delaultexists on your part
TERM PRICE PROTECTION
The Image Management Cost Per Image and the Cost of Additional Images, as
described on the Schedule, will not Increase in price during the Minimum Term of
the Schedule, unless agreed In In writing and signed by both parties
EQUIPMENT SERVICE AND SUPPLIES
IKON will provide Poll coverage maintenance services, including replacement parts,
drums, labor and all service calls, during Normal Business Hours 'Normal Business
Hours' are between 9:00am and 5:00pm, Monday to Friday "eluding public
holidays IKON will also provide the supplies required ro produce images on the
Equipment covered under the Schedule (other than non -metered equipment and
soft -metered Equipment). The supplies will be provided according to
manufacturer's specifications Optional supply Items such as paper and
transparencies are not Included.
RESPONSE TIME COMMITMENT
IKON will provide a quarterly average response time of 2 in 6 hours for all service
tails located within a 30 -mile radius of any IKON office, and 4 to 8 hours for service
calls located within a 31-60 mile radius for the term of the Schedule. Response time
Is measured In aggregate for all Equipment covered by the Schedule. if this response
time guarantee Is not met, a credit equal la $100 toward your next purchase from
IKON will be made available upon your request Credit requests must be made in
writing via registered letter to the address specified in the "Quality Assumnce
section.
UPTIME PERFORMANCE COMMITMENT
IKON will service the Equipment In be Operational with a quarterly uptime average
of 95% (based on all Equipment) during Normal Business Hours, excluding
preventative and Interim maintenance time Downtime will begin at the time you
place a service call to IKON and will end when the Equipment is again Operational.
You agree to make the Equipment available m IKON for scheduled preventative and
interim malntenanm You further agree m give IKON advance notice of any critical
and specific uptime needs you may have an that IKON can schedule with you Interim
and preventative maintenance in advance of such needs As used In these Service
Commitments "Operationar means substantial compliance with the manufacturer's
specifications and/or performance standards and excludes customary end-user
corrective actions
IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS
At any time after the expiration of the initial ninety day period of the original term
of the Schedule to which these Service Commitments relate, IKON will, upon your
request review your image volume. If the Image volume has moved upward or
downward in an amount sufficient for you to consider an alternative plan, IKON will,
on a quarterly basis, present pricing options m conform to a new Image volume. If
you agree that additional equipment u required m satisfy your Increased image
volume requirements. IKON will Include the equipment in the pricing options. The
addition of equipment and/or Increases/decreases to the Guaranteed Minimum
Images requires a new Schedule that must be agreed to and signed by both parties
The new Schedule may not be less than the remaining term of the existing Schedule
but may be extended for a term up to 60 months Adjustments to the Guaranteed
Minimum Images commitment and/or the addition of equipment may result In a
higher or lower cost per image and payment Images decreases are limited In 25%
of the Guaranteed Minimum Images in effect at the time of amendment
EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION
At any time after the expiration of one-half of the original term of the Schedule ta
which these Service Commitments relate, you may reconfigure the Equipment or
Professional Services by adding, exchanging, or upgrading to an Item of Equipment
or Professional Services with additional features or enhanced technology. A new
Schedule for not less than the, remaining term of the existing Schedule, most be
agreed to and signed by you and us. The Image Management Cost Per Image, the
Cost of Additional Images and the Minimum Payment of the new Schedule will be
based on any obligations remaining on the Equipment the added equipment and
new Image volume commitment
PERFORMANCE COMMITMENT
IKON is committed m performing these Service Commitments and agrees to
perform its services In a manner consistent with the applicable manufactomes
specifications If IKON fails In meet any Service Commitments and In the unlikely
event that IKON is not able ta repair the Equipment in your office, IKON, at IKON's
election, will provide ta you either the delivery of a temporary loaner, for use while
the Equipment is being repaired at IKON's service center, or IKON will replace such
Equipment with comparable Equipment of equal or greater capability at no
additional charge. These are the exclusive remedies available to you under the
Image Management Plus Commitments Customer's exclusive remedy shall be for
IKON to re,perform any Services not in compliance with this warranty and brought
m IKON's attention in writing within a reasonable time, but In no event mare than
thirty (30) days after such Services are performed If you are dissatisfied with
IKON's performance, you must send a registered letter outlining your concerns to
the address specified below In the'Quality Assurance section. Please allow 30 days
for resolution.
QUALITY ASSURANCE
Please send all correspondence relating to the Service Commitments via registered
letter to the Quality Assurance Department located at 3920 Arkwright Road, Macon,
GA 31210, AM: Quality Assurance The Quality Assurance Department will
coordinate resolution of any performance issues concerning the above Service
Com mitmenis with your local IKON office.
MISCELLANEOUS
These Service Commitments do not cover repalm resulting from misuse (including
without limitation improper voltage or environment or the use of supplies that do
not conform In the manufacturer's specifications), subjective matters (such as color
reproduction accuracy) or any other factor beyond the reasonable control of IKON.
IKON and you each acknowledge that these Service Commitments represent the
entire understanding of the parties with respect to the subject matter hereof and
that your sole remedy for any Service Commitments not performed In accordance
with the foregoing is as set forth under the section hereof entitled -Performance
CommRmenC. The Service Commitments made herein are service and/or
maintenance warranties and are not product warranties Except as expressly set
forth herein, IKON makes no warranties, express or Implied, Including any implied
warranties of merchantability, fitness for use, or fitness for a particular purpose
Neither party hereto shall be liable m the other for any consequential, indirect
punitive or special damages These Service Commitments shall be governed
according m the laws of the Commonwealth of Pennsylvania without regard to its
conflicts of law principles These Service Commitments are not assignable by the
Customer. Unless otherwise stated In your Implementation Schedule, your
Equipment will ONLY be serviced by an 9KON Certified Technician`. You
acknowledge and agree that in connection with Its performance of its obligations
under these Service Commitments, IKON may place automated meter reading units
on imaging devices Including but not limited to the Equipment at your location in
order m facilitate the timely and efficient collection of accume, meter read data on a
monthly, quarterly or annual basis IKON agrees that such units will be used by
IKON solely for such purpose. Once transmitted, all meter read data shall become
the sole property of IKON and will be utilized for billing purposes
IN WI'IN -SN WH� , each party caused its Oply authorized officer to execute these Image Management Plus Commitments as of
� 20
CUSTOMER ` A _ IKON OFFICE SOLUTIONS, INC.
Name: ligj"O(V Si� Nems
• Title:}.fes Title:
Date; ^!µR =Z, �— O Date:
IKON Oftice SolutianS-9� and IKON: Document 11I11ciency Ai Woik(R I A Ricoh Company are trademarks ot'IKON Office Solutions. Inc. RiarbR' is a registered
trademark of Ricoh C'ompam'. Ltd. Rev. 06.09
2408X1
Vol. a Fl pg,
BRAZOS COUNTY
IP/ 9
COMMUNITY HEALTHCARE ENDOWMENT FUND
201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803-5317
979/361-4440 • Fax 979/823-2275
FUNDING AGREEMENT
This contract is entered into this �-a_ day of 2009, by and
between Brazos County Texas acting by and through its duly elected Commissioners Court
(herein the "County"); and Brazos Valley Council on Alcohol and Substance Abuse
("BVCASA") or ("Recipient").
Whereas the County was awarded $2.15 million dollars in monies from the State of
Texas Tobacco Settlement of 1998; and
Whereas, the County created a fund to be known as the Brazos County Community
Health Care Endowment Fund (CHEF) to hold such monies and out of which the County will
fund health service programs in the County; and
Whereas the County Commissioners Court appointed a citizens committee to review
and determine those health service agencies most deserving of contributions from such Fund;
and
Whereas BVCASA has qualified for such contributions and is agreeable to the
conditions placed upon the expenditure of these funds by the County.
NOW THEREFORE KNOW ALL BY THESE PRESENTS THAT. for and in
consideration of the mutual covenants, restrictions, and promises herein contained, the
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
The term of this Agreement is for one (1) year commencing on the date above
stated.
2. The County will make available to BVCASA under conditions herein stated,
the sum of fifteen thousand and no/100 dollars ($15,000.00), payable in four
(4) equal quarterly installments for use in implementing the programs and
achieving the goals set forth in Parts 2A and 2C of the Funds Request
Application filed by BVCASA to receive monies from CHEF, which is
attached hereto and made a part hereof for all purposes.
The first quarterly installment due hereunder shall be paid to BVCASA
around October 1, 2009. Thereafter, if the remaining quarterly payments are
to be funded, the programs described in paragraph 2 above must be
implemented on or before March 1, 2010. Should BVCASA fail to qualify for
Vol. I J ? pg, '17 Al
the remaining quarterly payments, the County shall have the right, in its sole
discretion to seek reimbursement of any or all quarterly payments.
4. (a) BVCASA shall submit to the Brazos County Auditor, on a quarterly
basis, a Community Healthcare Endowment Fund Quarterly Report form.
Failure to achieve, implement and carry out the purposes for which the money
was awarded, demonstrated by the information supplied in such Quarterly
Report, shall permit the County to withhold, temporarily or permanently, any
installment of funds due hereunder until compliance is achieved. Should
BVCASA fail to qualify for the remaining quarterly payments, the County
shall have the right, in its sole discretion to seek reimbursement of any or all
quarterly payments. The determination of whether BVCASA has fulfilled its
commitment, as described in paragraph 2 above, shall be made in the sole
discretion of the Commissioners Court.
(b) If the Recipient forecasts or realizes a surplus, the County may adjust
the amount of funding to be paid and/or require repayment of any excess
funding and/or adjust the amount of any future award to
(c) Recipient acknowledges that settlement and recovery funding can
occur up to seven (7) years after to provision of funding.
5. The monies awarded hereunder shall be used to fund programs, which restrict
participation to Brazos County residents. Failure to adhere to such restrictions
shall constitute a breach of this Agreement, upon which breach the County
may terminate this Agreement, without further liability.
6. If Brazos County terminates a grantee's funding agreement due to agency
failure to comply with contract terms or a grantee chooses to terminate the
contract for any reason, the affected agency will be prohibited from applying
for healthcare funds for one year from the date of the contract termination.
7. BVCASA shall give the Brazos County Auditor, upon request, access to all
books, accounts, records, files or other papers belonging to or in use by
Hospice pertaining to the CHEF funds referenced in this Agreement. Failure
to provide access to this information shall constitute a breach of this
Agreement, upon which breach the County may terminate this Agreement,
without further liability.
8. It is understood and agreed that the participation by the County in BVCASA
programs is limited to the contribution of monies. The County at no time
shall be liable for the acts or omissions of BVCASA, its administration board,
its agents or employees.
9. BVCASA shall and does hereby hold harmless the County from any and all
loss, cost, claims, damages or expenses of any kind, nature or description that
arise out of or in connection with this Agreement.
vol. l a K Pg --!L3
10. Subcontracting for the Provision of Services.
(a) The Recipient agrees that it will not subcontract the fulfillment of all or
any part of the Recipient's obligations under this Agreement without the prior
written consent of the County. Such consent will be in the sole discretion of
the County and may be subject to additional terms and conditions.
(b) If the Recipient is permitted to subcontract the provision of the Services, it
will make reasonable efforts to include in its subcontract (i) provisions that
permit the County and the County Auditor to audit the subcontractor to the
same extent as set out in provisions and of this Agreement; (ii) other
provisions necessary for the Recipient to fulfill its obligations under this
Agreement; (iii) a provision that enables the subcontract to be assigned in the
event that this Agreement is tcn-ninated; and (iv) a provision that permits the
County to revoke approval of the subcontractor without legal liability to either
the Recipient or the subcontractor.
(c) If permitted to use subcontractors, the Recipient will remain liable for
obligations performed by a subcontractor to the same extent as if it had
performed such obligations. For the purpose of this Agreement work
performed by the Recipient's subcontractor will be deemed work performed
by the Recipient.
(d) Nothing contained in this Agreement or a subcontract will create a
contractual relationship between any subcontractor or its directors, officers,
employees, agents, partners, affiliates or volunteers and the County.
11. Conflict of Interest. The Recipient will (a) avoid any Conflict of Interest in the
performance of its contractual obligations; (b) disclose to the County without delay
any actual or potential Conflict of Interest that arises during the performance of its
contractual obligations; and (c) comply with any requirements prescribed by the
County to resolve any Conflict of Interest. In addition to all other contractual rights or
rights available at law or in equity, the County may immediately terminate the
Contract upon giving notice to the Recipient where: (a) the Recipient fails to disclose
an actual or potential Conflict of Interest; (b) the Recipient fails to comply with any
requirements prescribed by the County to resolve a Conflict of Interest; or (c) the
Recipient Conflict of Interest cannot be resolved. This paragraph will survive any
termination or expiration of the Agreement.
12. (a) Document Retention and Record Maintenance. The Recipient agrees
(i) that it will retain all records related to the Recipient's
performance of its obligations under this Agreement for seven (7)
years after the termination or expiration of the term of the Agreement.
The Recipient's obligations under this paragraph will survive any
termination or expiration of the Agreement;
vol. l a y pg. 11
(ii) all financial records, invoices and other financially -related
documents relating to the Funding or otherwise to the Services will be
kept in a manner consistent with generally accepted accounting
principles and clerical practices; and
(iii) all non-financial documents and records relating to the Funding
or otherwise to the Services will be kept in a manner consistent with
all Applicable Law.
(b) Disclosure of Information. The Parties will treat Confidential
Information as confidential and will not disclose Confidential Information
except or under the Freedom of Information Act, or the Texas Public
Information Act which the Recipient acknowledges applies to the County.
(c) Transparency. The Recipient will post a copy of this Agreement in a
conspicuous public place at its sites of operations to which this Agreement
applies and on its public website, if the Recipient operates a website.
13. (a) Notice. A Notice will be in writing; delivered personally, by
telefacsimile, registered or certified United States mail or by pre -paid courier;
and, addressed to the other Party as provided below or as either Party will
later designate to the other in writing:
To the COUNTY: To the RECIPIENT:
200 S. Texas Avenue, Suite 332
Bryan, Texas 77803
Attention: Judge Randy Sims Attention:
Notices Effective From. A Notice will be effective at the time the delivery is made if
the Notice is delivered personally, by pre -paid courier or, otherwise, when received.
14. Recipient agrees to respect and protect the civil and legal rights of County,
citizens and patients. It will not unlawfully discriminate against any employee,
prospective employee, citizen, or patient on the basis of age, race, sex, religion,
disability or national origin. Recipient shall abide by all applicable federal, state and
local laws and regulations.
15. No officer, employee or agent of Recipient and no member of its governing
body and no other public officials of the governing body of the locality or localities in
which the project is situated or being carried who exercise any functions or
responsibilities related to the Agreement shall participate in any decision relating to
this Agreement which affects or conflicts with his/her personal interest or have any
personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds
thereof.
Vol. I a` 8 _pg._175
16. Recipient expressly waives any and all rights it may have of subrogation to
any claims or rights of its employees, agents, owners, officers, or subcontractors
against the County.
17. This Agreement is expressly made subject to Brazos County's Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable
federal and state law. The parties expressly agree that no provision of this Agreement
is in any way intended to constitute a waiver or any immunities from suit or from
liability that the Brazos County has by operation of law. Nothing in this Agreement
is intended to benefit any third party beneficiary.
18. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created hereunder are
performable in Brazos County, Texas.
19. Exclusive venue for any litigation arising from this Agreement shall be in
Brazos County, Texas.
20. In case any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceable provision shall not affect any other provision
thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained therein.
21. This Agreement constitutes the sole and only Agreement of the parties hereto
and supersedes any prior understandings or written or oral Agreement between the
parties respecting the within subject matter.
22. The County may amend, modify or alter the terms of this Agreement and
specify an effective date thereof. The County will then notify Recipient in writing,
dated subsequent to the date hereof, of such changes and their effective date. If
Recipient declines to accept changes made by County, Recipient may terminate this
Agreement and return any funding not previously expended.
This agreement shall be interpreted in accordance with the laws of the State of Texas
The parties herein agree that the performance of this Agreement shall be in Brazos County,
Texas.
This Agreement represents the entire agreement of the parties and supersedes any prior
written or verbal understanding or representation.
BVCASA represents and warrants that the person executing this Agreement on its behalf has
the legal authority to sign this Agreement and bind the agency to its terms.
Vol. ha S� pg. V�
m
Judge RXdy Sims
Date: D (v
BRAZOS VALLEY COUNCIL ON ALCOHOL AND SUBSTANCE ABUSE
(BVCASA)
By: '�9✓ � CA
Title: o jre e J -o r Date: /O a v
Vol. I a g p& 07
BRAZOS COUNTY
COMMUNITY HEALTHCARE ENDOWMENT FUND
201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803-5317
979/361-4440 • Fax 979/823-2275
FUNDING AGREEMENT
This contract is entered into this �eQ_ day of . Noye-o n b-er, 2009, by and
between Brazos County Texas acting by and through its duly elected Commissioners Court
(herein the "County"); and Health For All or ("Recipient").
Whereas the County was awarded $2.15 million dollars in monies from the State of
Texas Tobacco Settlement of 1998; and
Whereas, the County created a fund to be known as the Brazos County Community
Health Care Endowment Fund (CHEF) to hold such monies and out of which the County will
fund health service programs in the County, and
Whereas the County Commissioners Court appointed a citizens committee to review
and determine those health service agencies most deserving of contributions from such Fund;
and
Whereas Health For All has qualified for such contributions and is agreeable to the
conditions placed upon the expenditure of these funds by the County.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT for and
in consideration of the mutual covenants, restrictions, and promises herein contained, the
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. The term of this Agreement is for one (1) year commencing on the date above
stated.
2. The County will make available to Health For All under conditions herein
stated, the sum of twenty and no/100 dollars ($20,000.00), payable in four (4)
equal quarterly installments for use in implementing the programs and
achieving the goals set forth in Parts 2A and 2C of the Funds Request
Application filed by Health For All to receive monies from CHEF, which is
attached hereto and made a part hereof for all purposes.
The first quarterly installment due hereunder shall be paid to Health For All
around October 1, 2009. Thereafter, if the remaining quarterly payments are to be
funded, the programs described in paragraph 2 above must be implemented on or
before March 1, 2010. Should Health For All fail to qualify for the remaining
vol. [ a ? Pg. I 1 �,
quarterly payments, the County shall have the right, in its sole discretion to seek
reimbursement of any or all quarterly payments.
4. (a) Health For All shall submit to the Brazos County Auditor, on a quarterly
basis, a Community Healthcare Endowment Fund Quarterly Report form. Failure
to achieve, implement and carry out the purposes for which the money was
awarded, demonstrated by the information supplied in such Quarterly Report,
shall permit the County to withhold, temporarily or permanently, any installment
of funds due hereunder until compliance is achieved. Should Health For All fail
to qualify for the remaining quarterly payments, the County shall have the right,
in its sole discretion to seek reimbursement of any or all quarterly payments. The
determination of whether Family Practice has fulfilled its commitment, as
described in paragraph 2 above, shall be made in the sole discretion of the
Commissioners Court.
(b) If the Recipient forecasts or realizes a surplus, the County may adjust
the amount of funding to be paid and/or require repayment of any excess
funding and/or adjust the amount of any future award or allotments
(c) Recipient acknowledges that settlement and recovery funding can
occur up to seven (7) years after to provision of funding.
5. The monies awarded hereunder shall be used to fund programs,. which restrict
participation to Brazos County residents. Failure to adhere to such restrictions
shall constitute a breach of this Agreement, upon which breach the County
may terminate this Agreement, without further liability.
6. If Brazos County terminates a grantee's funding agreement due to agency
failure to comply with contract terms or a grantee chooses to terminate the
contract for any reason, the affected agency will be prohibited from applying
for healthcare funds for one year from the date of the contract termination.
7. Health For All shall give the County access to all books, accounts, records,
files or other papers belonging to or in use by Health For All pertaining to. the
CHEF funds referenced in this Agreement. Failure to provide access to this
information shall constitute a breach of this Agreement, upon which breach
the County may terminate this Agreement, without further liability.
8. It is understood and agreed that the participation by the County in Health For
All programs is limited to the contribution of monies. The County at no time
shall be liable for the acts or omissions of Health For All, its administration
board, its agents or employees.
9. Health For All shall and does hereby hold harmless the County from any and
all loss, cost, claims, damages or expenses of any kind, nature or description
that arise out of or in connection with this Agreement.
VOI. Ian Pg. l79
10. Subcontracting for the Provision of Services.
(a) The Recipient agrees that it will not subcontract the fulfillment of all
or any part of the Recipient's obligations under this Agreement without
the prior written consent of the County. Such consent will be in the sole
discretion of the County and may be subject to additional terms and
conditions.
(b) If the Recipient is permitted to subcontract the provision of the
Services, it will make reasonable efforts to include in its subcontract (i)
provisions that permit the County and the County Auditor to audit the
subcontractor to the same extent as set out in provisions and of this
Agreement; (ii) other provisions necessary for the Recipient to fulfill its
obligations under this Agreement; (iii) a provision that enables the
subcontract to be assigned in the event that this Agreement is
terminated; and (iv) a provision that permits the County to revoke
approval of the subcontractor without legal liability to either the
Recipient or the subcontractor.
(c) If permitted to use subcontractors, the Recipient will remain liable
for obligations performed by a subcontractor to the same extent as if it
had performed such obligations. For the purpose of this Agreement
work performed by the Recipient's subcontractor will be deemed work
performed by the Recipient.
(d) Nothing contained in this Agreement or a subcontract will create a
contractual relationship between any subcontractor or its directors,
officers, employees, agents, partners, affiliates or volunteers and the
County.
11. Conflict of Interest. The Recipient will (a) avoid any Conflict of Interest
in the performance of its contractual. obligations; (b) disclose to the County
without delay any actual or potential Conflict of Interest that arises during the
performance of its contractual obligations; and (c) comply with any
requirements prescribed by the County to resolve any Conflict of Interest. In
addition to all other contractual rights or rights available at law or in equity, the
County may immediately terminate the Contract upon giving notice to the
Recipient where: (a) the Recipient fails to disclose an actual or potential
Conflict of Interest; (b) the Recipient fails to comply with any requirements
prescribed by the County to resolve a Conflict of Interest; or (c) the Recipient
Conflict of Interest cannot be resolved. This paragraph will survive any
termination or expiration of the Agreement.
Vol.
a g Pg._�--
12. (a) Document Retention and Record Maintenance. The Recipient
agrees
(i) that it will retain all records related to the Recipient's
performance of its obligations under this Agreement for seven (7)
years after the termination or expiration of the term of the
Agreement. The Recipient's obligations under this paragraph will
survive any termination or expiration of the Agreement;
(ii) all financial records, invoices and other financially -related
documents relating to the Funding or otherwise to the Services
will be kept in a manner consistent with generally accepted
accounting principles and clerical practices; and
(iii) all non-financial documents and records relating to the
Funding or otherwise to the Services will be kept in a manner
consistent with all Applicable Law.
(b) Disclosure of Information. The Parties will treat Confidential
Information as confidential and will not disclose Confidential
Information except or under the Freedom of Information Act, or the
Texas Public Information Act which the Recipient acknowledges
applies to the County.
(c) Transparency. The Recipient will post a copy of this Agreement
in a conspicuous public place at its sites of operations to which this
Agreement applies and on its public website, if the Recipient operates a
website.
13. (a) Notice. A Notice will be in writing; delivered personally, by
telefacsimile, registered or certified United States mail or by pre -paid courier;
and, addressed to the other Party as provided below or as either Party will later
designate to the other in writing:
To the COUNTY:
200 S. Texas Avenue, Suite 332
Bryan, Texas 77803
Attention: Judge Randy Sims
To the RECIPIENT:
Attention:
Notices Effective From. A Notice will be effective at the time the delivery is made if
the Notice is delivered personally, by pre -paid courier or, otherwise, when received.
vol. lad Pg. 0A
14. Recipient agrees to respect and protect the civil and .legal rights of
County, citizens and patients. It will not unlawfully discriminate against any
s
employee, prospective employee, citizen, or patient on the basis of age, race,
sex, religion, disability or national origin. Recipient shall abide by all
applicable federal, state and local laws and regulations.
15. No officer, employee or agent of Recipient and no member of its
governing body and no other public officials of the governing body of the
locality or localities in which the project is situated or being carried who
exercise any functions or responsibilities related to the Agreement shall
participate in any decision relating to this Agreement which affects or conflicts
with his/her personal interest or have any personal or pecuniary interest, direct
or indirect, in this Agreement or the proceeds thereof.
16. Recipient expressly waives any and all rights it may have of subrogation
to any claims or rights of its employees, agents, owners, officers, or
subcontractors against the County.
17. This Agreement is expressly made subject to Brazos County's
Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code,
and all applicable federal and state law. The parties expressly agree that no
provision of this Agreement is in any way intended to constitute a waiver or
any immunities from suit or from liability that the Brazos County has by
operation of law. Nothing in this Agreement is intended to benefit any third
party beneficiary.
18. This Agreement shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Brazos County, Texas.
19. Exclusive venue for any litigation arising from this Agreement shall be
in Brazos County, Texas.
20. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceable provision shall not affect
any other provision thereof and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained therein.
21. This Agreement constitutes the sole and only Agreement of the parties
hereto and supersedes any prior understandings or written or oral Agreement
between the parties respecting the within subject matter.
VOL ---l=- =
Pg.�
22. The County may amend, modify or alter the terms of this Agreement
and specify an effective date thereof. The County will then notify Recipient in
writing, dated subsequent to the date hereof, of such changes and their
effective date. If Recipient declines to accept changes made by County,
Recipient may terminate this Agreement and return any funding not previously
expended.
This agreement shall be interpreted in accordance with the laws of the State of Texas.
The parties herein agree that the performance of this Agreement shall be in Brazos County,
Texas.
This Agreement represents the entire agreement of the parties and supersedes any prior
written or verbal understanding or representation.
Health For All represents and warrants that the person executing this Agreement on its behalf
has the legal authority to sign this Agreement and bind the agency to its terms.
0
Randy Sims
Date:
HEALT O L
By: �e.�-c v �i0✓i i� 2 S 6
Title: /] Date:
vol. f aIr p& I $a
BRAZOS COUNTY
COMMUNITY HEALTHCARE ENDOWMENT FUND
201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803-5317
979/361-4440 • Fax 979/823-2275
FUNDING AGREEMENT
This contract is entered into this ' rol_ day of 1 yo Y2}1jy� , 2009, by and
between Brazos County Texas acting by and through its duly elected Commissioners
Court (herein the "County"); and Hospice Brazos Valley (Hospice) or ("Recipient').
Whereas the County was awarded $2.15 million dollars in monies from the State
of Texas Tobacco Settlement of 1998; and
Whereas, the County created a fund to be known as the Brazos County
Community Health Care Endowment Fund (CHEF) to hold such monies and out of which
the County will fund health service programs in the County; and
Whereas the County Commissioners Court appointed a citizens committee to
review and determine those health service agencies most deserving of contributions from
such Fund; and
Whereas Hospice has qualified for such contributions and is agreeable to the
conditions placed upon the expenditure of these funds by the County.
NOW THEREFORE KNOW ALL BY THESE PRESENTS THAT for and in
consideration of the mutual covenants, restrictions, and promises herein contained, the
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. The term of this Agreement is for one (1) year commencing on the date above
stated.
2. The County will make available to Hospice under conditions herein stated, the
sum of seventy and no/100 dollars ($70,000.00), payable in four (4) equal
quarterly installments for use in implementing the programs and achieving the
goals set forth in Parts 2A and 2C of the Funds Request Application filed by
Hospice to receive monies from CHEF, which is attached hereto and made a
part hereof for all purposes.
The first quarterly installment due hereunder shall be paid to Hospice around October 1,
2009. Thereafter, if the remaining quarterly payments are to be fimded, the programs
described in paragraph 2 above must be implemented on or before March 1, 2010.
Should Hospice fail to qualify for the remaining quarterly
Vol. I d g P& (. �3
payments, the County shall have the right, in its sole discretion to seek
reimbursement of any or all quarterly payments.
4. (a) Hospice shall submit to the Brazos County Auditor, on a quarterly basis, a
Community Healthcare Endowment Fund Quarterly Report form. Failure to
achieve, implement and carry out the purposes for which the money was awarded,
demonstrated by the information supplied in such Quarterly Report, shall permit
the County to withhold, temporarily or permanently, any installment of funds due
hereunder until compliance is achieved: Should Hospice fail to qualify for the
remaining quarterly payments, the County shall have the right, in its sole
discretion to seek reimbursement of any or all quarterly payments. The
determination of whether Hospice has fulfilled its commitment, as described in
paragraph 2 above, shall be made in the sole discretion of the Commissioners
Court.
(b) If the Recipient forecasts or realizes a surplus, the County may adjust
the amount of funding to be paid and/or require repayment of any excess
funding and/or adjust the amount of any future award or allotments
(c) Recipient acknowledges that settlement and recovery funding can
occur up to seven (7) years after to provision of funding.
5. The monies awarded hereunder shall be used to fund programs, which restrict
participation to Brazos County residents. Failure to adhere to such restrictions
shall constitute a breach of this Agreement, upon which breach the County may
terminate this Agreement, without further liability.
6. If Brazos County terminates a grantee's funding agreement due to agency failure
to comply with contract terms or a grantee chooses to terminate the contract for
any reason, the affected agency will be prohibited from applying for healthcare
funds for one year from the date of the contract termination.
7. Hospice shall give the County access to all books, accounts, records, files or other
papers belonging to or in use by Hospice pertaining to the CHEF funds referenced
in this Agreement. Failure to provide access to this information shall constitute a
breach of this Agreement, upon which breach the County may terminate this
Agreement, without further liability.
8. It is understood and agreed that the participation by the County in Hospice
programs is limited to the contribution of monies. The County at no time shall be
liable for the acts or omissions of Hospice, its administration board, its agents or
employees.
9. Hospice shall and does hereby hold harmless the County from any and all loss,
cost, claims, damages or expenses of any kind, nature or description that arise out
of or in connection with this Agreement.
Vol. I a W Pg._1 N
10. Subcontracting for the Provision of Services.
(a) The Recipient agrees that it will not subcontract the fulfillment of all
or any part of the Recipient's obligations under this Agreement without the
prior written consent of the County. Such consent will be in the sole discretion
of the County and may be subject to additional terms and conditions.
(b) If the Recipient is permitted to subcontract the provision of the
Services, it will make reasonable efforts to include in its subcontract (i)
provisions that permit the County and the County Auditor to audit the
subcontractor to the same extent as set out in provisions and of this
Agreement; (ii) other provisions necessary for the Recipient to fulfill its
obligations under this Agreement; (iii) a provision that enables the subcontract
to be assigned in the event that this Agreement is terminated; and (iv) a
provision that permits the County to revoke approval of the subcontractor
without legal liability to either the Recipient or the subcontractor.
(c) If permitted to use subcontractors, the Recipient will remain liable for
obligations performed by a subcontractor to the same extent as if it had
performed such obligations. For the purpose of this Agreement work
performed by the Recipient's subcontractor will be deemed work performed
by the Recipient.
(d) Nothing contained in this Agreement or a subcontract will create a
contractual relationship between any subcontractor or its directors, officers,
employees, agents, partners, affiliates or volunteers and the County.
11. Conflict of Interest. The Recipient will (a) avoid any Conflict of Interest in the
performance of its contractual obligations; (b) disclose to the County without delay
any actual or potential Conflict of Interest that arises during the performance of its
contractual obligations; and (c) comply with any requirements prescribed by the
County to resolve any Conflict of Interest. In addition to all other contractual rights or
rights available at law or in equity, the County may immediately terminate the
Contract upon giving notice to the Recipient where: (a) the Recipient fails to disclose
an actual or potential Conflict of Interest; (b) the Recipient fails to comply with any
requirements prescribed by the County to resolve a Conflict of Interest; or (c) the
Recipient Conflict of Interest cannot be resolved. This paragraph will survive any
termination or expiration of the Agreement.
12. (a) Document Retention and Record Maintenance. The Recipient agrees:
(i) that it will retain all records related to the Recipient's
performance of its obligations under this Agreement for seven (7) years
after the termination or expiration of the term of the Agreement. The
Recipient's obligations under this paragraph will survive any
termination or expiration of the Agreement;
(ii) all financial records, invoices andother financially -related
documents relating to the Funding or otherwise to the Services will be
kept in a manner consistent with generally accepted accounting
principles and clerical practices; and
(iii) all non-financial documents and records relating to the Funding
or otherwise to the Services will be kept in a manner consistent with
all Applicable Law.
(b) Disclosure of Information. The Parties will treat Confidential
Information as confidential and will not disclose Confidential Information
except or under the Freedom of Information Act, or the Texas Public
Information Act which the Recipient acknowledges applies to the County.
(c) Transparency. The Recipient will post a copy of this Agreement in a
conspicuous public place at its sites of operations to which this Agreement
applies and on its public website, if the Recipient operates a website.
13. (a) Notice. A Notice will be in writing; delivered personally, by
telefacsimile, registered or certified United States mail or by pre -paid courier; and,
addressed to the other Party as provided below or as either Party will later designate
to the other in writing:
To the COUNTY: To the RECIPIENT:
200 S. Texas Avenue, Suite 332
Bryan, Texas 77803
Attention: Judge Randy Sims Attention:
Notices Effective From. A Notice will be effective at the time the delivery is made if the
Notice is delivered personally, by pre -paid courier or, otherwise, when received.
14. Recipient agrees to respect and protect the civil and legal rights of County,
citizens and patients. It will not unlawfully discriminate against any employee,
prospective employee, citizen, or patient on the basis of age, race, sex, religion,
disability or national origin. Recipient shall abide by all applicable federal, state and
local laws and regulations.
15. No officer, employee or agent of Recipient and no member of its governing
body and no other public officials of the governing body of the locality or localities in
which the project is situated or being carried who exercise any functions or
responsibilities related to the Agreement shall participate in any decision relating to
this Agreement which affects or conflicts with his/her personal interest or have any
personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds
thereof.
Vol. Id, X P&_._._. �6 _.
16. Recipient expressly waives any and all rights it may have of subrogation to
any claims or rights of its employees, agents, owners, officers, or subcontractors
against the County.
17. This Agreement is expressly made subject to Brazos County's Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable
federal and state law. The parties expressly agree that no provision of this Agreement
is in any way intended to constitute a waiver or any immunities from suit or from
liability that the Brazos County has by operation of law. Nothing in this Agreement
is intended to benefit any third party beneficiary.
18. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created hereunder are
performable in Brazos County, Texas.
19. Exclusive venue for any litigation arising from this Agreement shall be in
Brazos County, Texas.
20. In case any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceable provision shall not affect any other provision
thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained therein.
21. This Agreement constitutes the sole and only Agreement of the parties hereto
and supersedes any prior understandings or written or oral Agreement between the
parties respecting the within subject matter.
22. The County may amend, modify or alter the terms of this Agreement and
specify an effective date thereof. The County will then notify Recipient in writing,
dated subsequent to the date hereof, of such changes and their effective date. If
Recipient declines to accept changes made by County, Recipient may terminate. this
Agreement and return any funding not previously expended.
This agreement shall be interpreted in accordance with the laws of the State of Texas.
The parties herein agree that the performance of this Agreement shall be in Brazos County,
Texas.
This Agreement represents the entire agreement of the parties and supersedes any prior
written or verbal understanding or representation.
Hospice represents and warrants that the person executing this Agreement on its behalf has
the legal authority to sign this Agreement and bind the agency to its terms.
vol. 1d�- p& I k7
Date: ((
Randy Sims
HOSPICEOS V LEY ("Hospice") l
LjL� SCA CJe c u f q {tom/
By: J�
Title:
Vol. ) a L pg_ ) � S
F BRAZOS COUNTYCd
COMMUNITY HEALTHCARE ENDOWMENT FUND
201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803-5317
979/361-4440 • Fax 979/823-2275
FUNDING AGREEMENT
This contract is entered into this ff'�' day of _J�bVel&r , 2009, by, and
between Brazos County Texas acting by and through its duly elected Commissioners Court
(herein the "County"); and Stand Tall Against Tobacco ("STAT") or ("Recipient').
Whereas the County was awarded $2.15 million dollars in monies from the State of
Texas Tobacco Settlement of 1998; and
Whereas, the County created a fund to be known as the Brazos County Community
Health Care Endowment Fund (CHEF) to hold such monies and out of which the County will
fund health service programs in the County; and
Whereas the County Commissioners Court appointed a citizens committee to review
and determine those health service agencies most deserving of contributions from such Fund;
and
Whereas STAT has qualified for such contributions and is agreeable to the conditions
placed upon the expenditure of these funds by the County.
NOW THEREFORE KNOW ALL BY THESE PRESENTS THAT for and in
consideration of the mutual covenants, restrictions, and promises herein contained, the
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
The term of this Agreement is for one (1) year commencing on the date above
stated.
2. The County will make available to STAT under conditions herein stated, the
sum of eighteen thousand and no/100 dollars ($18,000.00), payable in four (4)
equal quarterly installments for use in implementing the programs and
achieving the goals set forth in Parts 2A and 2C of the Funds Request
Application filed by STAT to receive monies from CHEF, which is attached
hereto and made a part hereof for all purposes.
3. The first quarterly installment due hereunder shall be paid to STAT around
October 1, 2009. Thereafter, if the remaining quarterly payments are to be
funded, the programs described in paragraph 2 above must be implemented on or
before March 1, 2010. Should STAT fail to qualify for the remaining quarterly
payments, the County shall have the right, in its sole discretion to seek
reimbursement of any or all quarterly payments.
Vol. ),2$ Pg. 121
4. (a) STAT shall submit to the Brazos County Auditor, on a quarterly basis,
a Community Healthcare Endowment Fund Quarterly Report form. Failure to
achieve, implement and cant' out the purposes for which the money was awarded,
demonstrated by the information supplied in such Quarterly Report, shall.permit the
County to withhold, temporarily or permanently, any installment of funds due
hereunder until compliance is achieved. Should STAT fail to qualify for the
remaining quarterly payments, the County shall have the right, in its sole discretion to
seek reimbursement of any or all quarterly payments. The determination of whether
STAT has fulfilled its commitment, as described in paragraph 2 above, shall be made
in the sole discretion of the Commissioners Court.
(b) If the Recipient forecasts or realizes a surplus, the County may adjust
the amount of funding to be paid and/or require repayment of any excess
funding and/or adjust the amount of any future award or allotments
(c) Recipient acknowledges that settlement and recovery funding can
occur up to seven (7) years after to provision of funding.
5. The monies awarded hereunder shall be used to fund programs, which restrict
participation to Brazos County residents. Failure to adhere to such restrictions
shall constitute a breach of this Agreement, upon which breach the County
may terminate this Agreement, without further liability.
6. If Brazos County terminates a grantee's funding agreement due to agency
failure to comply with contract terms or a grantee chooses to terminate the
contract for any reason, the affected agency will be prohibited from applying
for healthcare funds for one year from the date of the contract termination.
7. STAT shall give the County access to all books, accounts, records, files or
other papers belonging to or in use by STAT pertaining to the CHEF funds
referenced in this Agreement. Failure to provide access to this information
shall constitute a breach of this Agreement, upon which breach the County
may terminate this Agreement, without further liability.
8. It is understood and agreed that the participation by the County in STAT
programs is limited to the contribution of monies. The County at no time
shall be liable for the acts or omissions of STAT, its administration board, its
agents or employees.
9. STAT shall and does hereby hold harmless the County from any and all loss,
cost, claims, damages or expenses of any kind, nature or description that arise
out of or in connection with this Agreement.
10. Subcontracting for the Provision of Services.
vol. a Pg. 170
(a) The Recipient agrees that it will not subcontract the fulfillment of
all or any part of the Recipient's obligations under this Agreement
without the prior written consent of the County. Such consent will be in
the sole discretion of the County and maybe subject to additional terms
and conditions.
(b) If the Recipient is permitted to subcontract the provision of the
Services, it will make reasonable efforts to include in its subcontract (i)
provisions that permit the County and the County Auditor to audit the
subcontractor to the same extent as set out in provisions and of this
Agreement; (ii) other provisions necessary for the Recipient to fulfill its
obligations under this Agreement; (iii) a provision that enables the
subcontract to be assigned in the event that this Agreement is
terminated; and (iv) a provision that permits the County to revoke
approval of the subcontractor without legal liability to either the
Recipient or the subcontractor.
(c) If permitted to use subcontractors, the Recipient will remain
liable for obligations performed by a subcontractor to the same extent as
if it had performed such obligations. For the purpose of this Agreement
work performed by the Recipient's subcontractor will be deemed work
performed by the Recipient.
(d) Nothing contained in this Agreement or a subcontract will create
a contractual relationship between any subcontractor or its directors,
officers, employees, agents, partners, affiliates or volunteers and the
County.
11. Conflict of Interest. The Recipient will (a) avoid any Conflict of Interest
in the performance of its contractual obligations; (b) disclose to the County
without delay any actual or potential Conflict of Interest that arises during the
performance of its contractual obligations; and (c) comply with any
requirements prescribed by the County to resolve any Conflict of Interest. In
addition to all other contractual rights or rights available at law or in equity, the
County may immediately terminate the Contract upon giving notice to the
Recipient where: (a) the Recipient fails to disclose an actual or potential
Conflict of Interest; (b) the Recipient fails to comply with any requirements
prescribed by the County to resolve a Conflict of Interest; or (c) the Recipient
Conflict of Interest cannot be resolved. This paragraph will survive any
termination or expiration of the Agreement.
Vol. l ;ks Pg. J q 1
12. (a) Document Retention and Record Maintenance. The Recipient
agrees:
(i) that it will retain all records related to the Recipient's
performance of its obligations under this Agreement for seven (7)
years after the termination or expiration of the term of the
Agreement. The Recipient's obligations under this paragraph will
survive any termination or expiration of the Agreement;
(ii) all financial records, invoices and other financially -related
documents relating to the Funding or otherwise to the Services
will be kept in a manner consistent with generally accepted
accounting principles and clerical practices; and
(iii) all non-fmancial documents and records relating to the
Funding or otherwise to the Services will be kept in a manner
consistent with all Applicable Law.
(b) Disclosure of Information. The Parties will treat Confidential
Information as confidential and will not disclose Confidential
Information except or under the Freedom of Information Act, or the
Texas Public Information Act which the Recipient acknowledges
applies to the County.
(c) Transparency. The Recipient will post a copy of this Agreement
in a conspicuous public place at its sites of operations to which this
Agreement applies and on its public website, if the Recipient operates a
website.
13. (a) Notice. A Notice will be in writing; delivered personally, by
telefacsimile, registered or certified United States mail or by pre -paid courier;
and, addressed to the other Party as provided below or as either Party will later
designate to the other in writing:
To the COUNTY:
200 S. Texas Avenue, Suite 332
Bryan, Texas 77803
Attention: Judge Randy Sims
To the RECIPIENT:
Attention:
Notices Effective From. A Notice will be effective at the time the delivery is made if
the Notice is delivered personally, by pre -paid courier or, otherwise, when received.
Vol. �;— P8 G a
14. Recipient agrees to respect and protect the civil and legal rights of
County, citizens and patients. It will not unlawfully discriminate against any
employee, prospective employee, citizen, or patient on the basis of age, race,
sex, religion, disability or national origin. Recipient shall abide by all
applicable federal, state and local laws and regulations.
15. No officer, employee or agent of Recipient and no member of its
governing body and no other public officials of the governing body of the
locality or localities in which the project is situated or being carried who
exercise any functions or responsibilities related to the Agreement shall
participate in any decision relating to this Agreement which affects or conflicts
with his/her personal interest or have any personal or pecuniary interest, direct
or indirect, in this Agreement or the proceeds thereof.
16. Recipient expressly waives any and all rights it may have of subrogation
to any claims or rights of its employees, agents, owners, officers, or
subcontractors against the County.
17. This Agreement is expressly made subject to Brazos County's
Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code,
and all applicable federal and state law. The parties expressly agree that no
provision of this Agreement is in any way intended to constitute a waiver or
any immunities from suit or from liability that the Brazos County has by
operation of law. Nothing in this Agreement is intended to benefit any third
party beneficiary.
18. This Agreement shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Brazos County, Texas.
19. Exclusive venue for any litigation arising from this Agreement shall be
in Brazos County, Texas.
20. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceable provision shall not affect
any other provision thereof and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained therein.
21. This Agreement constitutes the sole and only Agreement of the parties
hereto and supersedes any prior understandings or written or oral Agreement
between the parties respecting the within subject matter.
vol. a $ Pg. 1q13
22. The County may amend, modify or alter the terms of this Agreement
and specify an effective date thereof The County will then notify Recipient in
writing, dated subsequent to the date hereof, of such changes and their
effective date. If Recipient declines to accept changes made by County,
Recipient may terminate this Agreement and return any funding not previously
expended.
This agreement shall be interpreted in accordance with the laws of the State of Texas.
The parties herein agree that the performance of this Agreement shall be in Brazos County,
Texas.
This Agreement represents the entire agreement of the parties and supersedes any prior
written or verbal understanding or representation.
STAT represents and warrants that the person executing this Agreement on its behalf has the
legal authority to sign this Agreement and bind the agency to its terms.
STAND TALL AGAINST TOBACCO
II.MP
I/./
Ito ► I
Date: AA a
Date: 7 V
Vol. 1 8 Pg -------
194
/(
C
SECOND
EXTENSION AGREEMENT
WHEREAS, in October, 2008, Brazos County, Texas (herein "County") and the Brazos County
Emergency Communications District (herein "District') entered into a Contract whereby the District
performs for the County emergency communications services dispatching (herein the "Contract'); and
WHEREAS, this Contract has an expiration date of September 30, 2009; and
WHEREAS, the parties previously executed an Extension Agreement extending the Contract to
October 31, 2009; and
WHEREAS, the District, after completion of negotiations with related parties, must circulate a
new budget to the Members of the District; and
WHEREAS, such budget process shall delay execution of a new Contract for the 2009-2010
Contract year; and
WHEREAS, the County and the District wish to enter into an Extension of the Contract during
such budget process.
NOW, THEREFORE, in consideration of the mutual benefits derived hereunder, the parties agree
as follows:
The Contract is hereby extended through November 30, 2009.
2. The Contract shall be extended on the same terms and conditions as currently stated in
the Contract.
3. The County agrees to pay the District the sum of $57,750.25 for period of November 1,
2009 to November 30. 2009.
In all other respects, the Contract is hereby confirmed, affirmed and ratified.
RATIFIE
Z I - , I -
Randy Sim , County Judge date
Vol. a g
BRAZOS COUNTY EMERGENCY
COMMUNICATIONS DISTRICT
I1u
By
E(LzAethod
BRAZOSCO
By: `""
Randy Sims,
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 Sri?L day of Vo�{��-moi/ A.D. 2009
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this 2rd , day of
Judge
Lloyd W�Serniarm, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2`
Treasurer's Report for the MONTH of SEPTEMBER 2009
AND THE O/E 9/30/09
Vol. 1 aI y Pg. 19 O
vol. ).2 S_ pg. 1q7
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Vol.
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew Bid 2009-16,
Network Cabling Parts for our IT Department, in accordance with
all terms and conditions previously agreed to and accepted. The new
bid number will be Bid 2010-07R with no increase in price.
I understand this agreement will be in effect upon approval by
Commissioner's Court.
ANIXTER
X12(04
Authorized Signature Date
K
Kehn7 ?eA(e , 17;f
BRAZOSCOUNTY
/ 0. 2
Date
vol. Pg- —
X99
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: November 3, 2009
ITEM: Request from Wickson Creek Special Utility District to construct a 35 ft. road bore for
water line installations in the right of way f Treebrook Lane approximately 540 ft. from its
intersection with Weedon Loop 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 State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: AP R� Y:
� J M� _
L --
Richard F. Vance, P. Commissioner E. Duane Peters
County Engineer Precinct 2
CC2009-069
This Request is Approved/ Denied 0 by Commissioners' Court
Date: ICJt�3�lt/l
County Judge
Vol, 1 a g Pg, � o
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Vol. IIQ Y-
a61
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Wickson Creek Special Utility District
proposes to place a (type) waterline within_ across x the right-of-way of
n
(road) 8385 Treebrook Lae in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the 4ttday of November, 2009
7P }
Firm: Wickoon Creek Special Utility District
By:
Title: General Manager
Address: B. 0, Box 4756
Bryan, Texas 87805
Phone: 979-.589-3030
APPROVED BY COMMISSIONERS'
COURT ON:,
Date
Judge
vol. I/. 5 pg. Q 0 a
h,(P'fE FJ -t!fV /
i
KAY HAMILTON
�Tr of eQ'a County Treasurer
Brazos County Courthouse 200 S. Texas Ave., Suite 240
DATE: October 22, 2009
TO: Hon. Randy Sims, County Judge
Hon. Lloyd Wassermann, Commissioner
Hon. Duane Peters, Commissioner
Hon. Kenny Mallard, Commissioner
Hon. Irma Cauley, Commissioner
Candy Gallego, Administrative Assistant
FROM: Kay Hamilton, County Treasurer
RE: Quarter Ending 09/30/2009 Investment Report
Bryan, Texas 77803 (979) 361-4340
This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which
requires quarterly reporting of investment transactions to the Commissioners' Court.
The Brazos County Investment portfolio earned an average yield of 0.3195% on the quarterly average
balance of $2,337,895.02 invested with TexPool for the period ending 09/30/2009. Investment interest
deposited during the quarter was $1,884.88. Actual ending balance for September 2009 was $2, 338,480.22
The average Earnings Credit Rate on checking account interest for the quarter ending 09/30/2009 was
0.5267% netting $110,122.13 on an average depository balance of $82,787,754.00
Total year-end interest earned $ 610,870.81
Investment Strategy
In consideration of the current uncertain market conditions, the Brazos County Investment Strategy will remain
biased toward safety of County funds first and foremost. As economists continue to anticipate a possible
increase in the Fed rate, purchasing securities that would lock in historically low yields for a longer term would
represent a maturity risk. It seems prudent, therefore, to protect County funds by keeping the majority of
available funds in the County's depository where all funds are 110% collateralized. The County also maintains an
investment account with Texpool which, though not collateralized, does provide the safety of an overnight
market. At this time, the County's investment strategy remains unchanged with a concentration of County funds
in the Brazos County Depository.
Vol. 1,2 PS pg, ,20_3
Summary of Portfolio Changes
The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity
of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at Citi Bank of
Texas.
FY 09 INTEREST RATES AND EARNINGS BY MONTH
YTD TOTALS 18,951.16 0.8120 591,919.65 0.6442
Vol. a o
�' pg, a �
TexPool
Checking Acct
Earnings
Interest
Credit
Interest
Rate
Interest
Rate
October 2008
3,893.18
1.9762
110,879.51
1.48
November 2008
3,480.54
1.8207
71,380.24
1.02
December 2008
2,935.76
1.4855
34,295.76
0.54
Q/E 12/31/2008
10,309.48
1.7608
216,555.51
1.0133
January 2009
1,885.52
0.9529
35,050.74
0.38
February 2009
1,196.71
0.669
42,255.98
0.48
March 2009
1,146.83
0.5788
57,791.32
0.65
Q/E 03/31/2009
4,229.06
0.7336
135,098.04
0.5033
April 2009
913.53
0.4762
46,749.74
0.56
May 2009
857.92
0.4326
42,641.12
0.51
June 2009
756.29
0.3939
40,753.11
0.53
Q/E 06/30/2009
2,527.74
0.4342
130,143.97
0.5333
July 2009
671.58
0.3384
41,381.69
0.53
August 2009
671.02
0.3380
37,252.04
0.53
September 2009
542.28
0.2822
31,488.40
0.52
Q/E 09/30/2009
1,884.88
0.3195
110,122.13
0.5267
YTD TOTALS 18,951.16 0.8120 591,919.65 0.6442
Vol. a o
�' pg, a �
Attached are the following reports:
1) Cost Amount Summary of Investments by Fund
2) TexPool Quarter End Activity Report
3) Investments by Fund Group and Strategy Type
To the best of our knowledge the investment portfolio in this report conforms in all respects to the
Investment Policy of Brazos County and is being managed under the investment strategy of said policy as
approved by the Commissioner's Court of Brazos County.
Ka Hamilton, County Treasurer
erri White, Chief Deputy Treasurer
\o _ 23 - 2d�`t
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TEXPOOL QUARTER ENDING 09/3012009 ACTIVITY REPORT
FUND 1 - POOLED FUND GROUP
DATE
DESC.
GENERAL FUND EXPO. COMPLEX TOTAL
�,t',�06/30/09,�,
�$A'� 2;336'595N�
07/31/09
July Interest $
671.58
jU
2
2,337--,26&92F ;3372W9Z;
08/31/09
August Interest $
671.02 671`.02,.;
t 6,
ifff
-93tK��'
0/9September
09/30/09
9!:2;338;480!22+
�"�
Interest $
542.28
x;09/30/,09- i l,S 6 0 t i ii i i b & f�, B 5 15 h 6 d.!j, 1 LW� 1
2 � 3 3 8 �4 8 0 -2 2 :
Vol. —li�k pg. � , 7
INVESTMENTS BY FUND GROUP AND STRATEGY TYPE
FUND 1 - POOLED FUND GROUP
General Fund $ 2,338,480.22
Health Endowment Fund $ -
State Lateral Road $
Courthouse Security $
tStrate9YTY0"e 5 w ;r4 . s OPERATING FUNDSAMjijr g�ffs,,,,$ �2 338;480`22;
General Obligation Debt Svc. $
General Permanent Impv. $
Exposition Center Fund $
Strate9Y, TYPe. <., ; , SPECIAL�PROJ ;&PERM°IMPV DEBT y j$ cfi R
7��" Fund„1�,GroupMTotal�,�,�,r��,t,
BOOK VALUE OF ALL INVESTED FUNDS FOR SEPTEMBER 2009 $ 2,338,480.22
�O$
Vol.__ _ a -- Pg