HomeMy WebLinkAbout2010-08-24-9:00AM-REGULARBRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON AUGUST 24, 2010 AT 9:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - Commissioner Peters.
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 32:
3, Order 10-013 relocating polling place for election precinct 20 from Rudder Tower to the Memorial
Student Center.
4. Order 10-014 relocating Temporary Early Voting Polling Place from Rudder Tower to the Memorial
Student Center.
Order 10-014 Para la reubicac16n temporal de votacion anticipada Lugar de Torre del timon al Centro
Memorial de Estudiantes.
a
6. Contract Victoria County for secure long -term resigenum seivica
agreement is 01 September 2010 thru 31 August 2011.
1 .
7. Contract with Nueces County for juvenile offender residential services.
8. Contract with 4M Youth Services Inc Rockdale Regional Juvenile Justice Center, for secure Iona -term
juvenile offender residential services, term of aareement is 9/0112010 throuah 813112011.
g, Contract with 1-Plow for the software program to be used by the County's Collections Program for the
collection of various fees, fines and court costs.
Vol. 1 3'% pg.
- - -j-O- Agreement- with- TrovGroup- Inc - -fier- maintenance- �n- the�rintn *�+ Treasurer' ff��e.
11. Change Order in the amount of $2,000.00 to purchase order #10004181 to GHG for a rule change to the
timeclock system.
12. Addendum to the Warrant Support and License Agreement with Hart Intercivic.
13. Renewal of the annual contract for grease trap Pump out and disposal with A+ Septic Service for the
contract term of October 1 2010 - September 30, 2011.
14. Renewal of the annual contract for grit trap pump out and disposal with A+ Septic Service: term of
agreement is 1 October 2010 through 30 September 2011.
15. Renewal and amendment of the annual contract with RP Lee Pest Control for pest control services:
contract term is 1 October 2010 through 30 September 2011.
16. Reappropriation of $2,500,000.00 from the County Health Endowment Fund (CHEF) for allocation to the
General Capital Improvment Fund for construction.
17.
I"
19. Payment Authorization in the amount of $60.00 to Texas Department of Licensing and Regulation for
elevator inspection services A Purchase order was not obtained in advance.
20. Payment Authorization in the amount of $955.00 to Eddie Hare - Accessibility Specialist, for the ADA
inspection of the Brazos County Detention Center expansion, a Purchase order was not obtained in
advance.
21. Tax Refund Applications for the following:
• Janice Wood
• Columbus Roland Estate
• Johnnye Walton
• KC LLC
• Mary Lou Norman
• JMD Roofing Company
• Emanuel & Melanie Jeannine Mack
• Coopers & Peters Elie Tracy Photo Studio
22. Budget Amendments.
28. Requisition 00030321 in the amount of $14,104.24 to Dell Marketing LP for the purchase of a
PowerVault M03000 External Array.
29. Requisition 00030318 in the amount of $5,398.36 to Sequel Data Systems Inc for the purchase of
Vol. 1 -;�-1 pg. a
Budget Amendment 09/10 45.1 - 45.7.
23.
Requisition 00030328 in the amount of
$2,854.00 to Dell Marketing LP for Commvault Software.
24.
Requisition 00030378 in the amount of
$6729.75 to Sequel Data Systems Inc for the purchase of HP
ProLiant DL380.
25.
Requisition 00030337 in the amount of
$639.00 to Gov Connection Inc. for the purchase of a Intel 10
Cx4 DualPort Server Adapter.
-
26.
Requisition 00030317 in the amount of
$601.90 to Gov Connection Inc for the purchase of keyboards
and mice for County computers.
27.
Requisition 00030372 in the amount of
$9,676.84 to Dell Marketing LP for the purchase of a PowerVault
MD 1000 Rack.
28. Requisition 00030321 in the amount of $14,104.24 to Dell Marketing LP for the purchase of a
PowerVault M03000 External Array.
29. Requisition 00030318 in the amount of $5,398.36 to Sequel Data Systems Inc for the purchase of
Vol. 1 -;�-1 pg. a
30. Proposed continuity of operation plan for the Brazos County Courthouse during the Courthouse
Removation Phases I & II.
31. Personnel Change of Status.
Personnel Action Forms
32. Payment of Claims.
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. 1 -t,-7 pg.
3
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular. Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence
and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act
§551.042.
The County Admin 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.
Vol. ) �0 Pg. i
COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 24, 2010
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, August 24, 2010 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and then led the
pledge of allegiance.
There was no citizen input /and or concerns.
The first matter for consideration was Order 10 -013
relocating polling place for election Precinct 20 from Rudder
Tower to the Memorial Student Center. Due to renovation
improvements being made to Rudder Tower it is recommended
that for the convenience of the voters the polling place be
Vol 13-7 Page 5
Commissioners Court meeting August 24, 2010 2
moved to the Memorial Student Center on the Texas A &M campus.
Commissioner Mallard moved to approve the relocation of
election Precinct 20 from Rudder Tower to the Memorial
Student Center, and that submission be made to the Assistant
Attorney General, Civil Rights Division, Voting Section,
Department of Justice, Washington D. C. requesting the
preclearance of this Order pursuant to Section 5 of the
Federal Voting Rights Act. Commissioner Peters seconded the
motion. Commissioners Wassermann, Peters, Mallard and the
County Judge voted "Aye ". Commissioner Cauley voted "No"
The motion carried. A copy of the Order is attached.
The next matter for consideration was Order 10 -014
relocating one temporary branch early voting polling place
from Rudder Tower to the Memorial Student Center. Due to
renovation improvements being made to Rudder Tower it is
recommended that for the convenience of the voters the
polling place be moved to the Memorial Student Center on the
Texas A &M campus. Commissioner Peters moved to approve the
relocation of one temporary branch early voting polling place
from Rudder Tower to the Memorial Student Center, and that
submission be made to the Assistant Attorney General, Civil
Rights Division, Voting Section, Department of Justice,
Washington D. C. requesting the preclearance of this Order
Vol 1 B-7 Page �e
Commissioners Court meeting August 24, 2010 3
pursuant to Section 5 of the Federal Voting Rights Act. The
County Judge seconded the motion. Commissioners Wassermann,
Peters, Mallard and the County Judge voted "Aye".
Commissioner Cauley voted "No"
of the Order is attached.
The motion carried. A copy
The next matter before the Court was to consider a
contract with Victoria County for secure short term detention
of juvenile offenders. The term of the agreement is for 12
months, commencing September 1, 2010 and ending August 31,
2011 with a cost of $95 per day /per child. On motion by
Commissioner Peters, seconded by Commissioner Wassermann; the
Court voted unanimously to approve the contract and authorized
the County Judge to execute the document. A copy is attached.
The next matter before the Court was to consider a
contract with Victoria County for secure long term detention
of juvenile offenders. The term of the agreement is for 12
months, commencing September 1, 2010 and ending August 31,
2011. The costs are as follows
a)$95 per day /per child Basic Level Care
b)$127.00 per day /per child Specialized Level Care
On motion by Commissioner Cauley, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
contract and authorized the County Judge to execute the
Vol 15-7 Page 7
Commissioners Court meeting August 24, 2010
document. A copy is attached.
E
The next matter before the Court was to consider a
contract with Nueces County for post adjudication services of
juvenile offenders. The term of the agreement is for 12
months, commencing October 1, 2010 and ending September 30,
2011 with a cost of $90 per day /per child admitted under
Moderate Level of Care. 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 and agreement for
secure long term residential service of juvenile offenders
space available with 4M Youth Services, Inc. dba Rockdale
Juvenile Justice Center. The term of the agreement is for 12
months, commencing September 1, 2010 and ending August 31
2011. The costs are as follows:
a) $95 per day /per child admitted under Moderate Level
of Care
b) $127 per day /per child admitted under Specialized
Level of Care
c) $225 per day /per child admitted under Intensive Level
of Care
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
Vol 1 '&-7 Page 9
Commissioners Court meeting August 24, 2010
copy is attached.
E
The Court proceeded to consider a contract with I -Plow
for the software program to be used by the County's
Collections Program for the collection of various fees, fines
and court costs. There will be no cost to Brazos County until
January 2011 at which time it will be $5,650.00 per year.
Tanya Skinner explained the contract and how it will help with
collections. 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 before the Court was to consider an
agreement with Troy Group, Inc. for maintenance on the TROY
MICR printer in the Treasurer's office. Cost to Brazos County
will be $383.00 per month per printer with the term of the
agreement beginning July 30, 2010 and ending on July 29, 2015.
On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the agreement with Troy Group, Inc. and authorized the County
Judge to execute the document. A copy is attached.
The Court next considered a change order in the amount of
$2,000 to purchase order #10004181 to GHG Corporation for a
rule change to the time sheet software. On motion by
Vol I "b-7 Page 9
Commissioners Court meeting August 24, 2010 6
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the change order.
The Court proceeded to consider an addendum to the
Warranty, Support and License Agreement with Hart Intercivic.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
addendum. A copy is attached.
The next matter before the Court was to consider the
renewal of the annual contract for grease trap pump out and
disposal with A+ Septic Service. The terms, conditions and
price remain the same. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to approve the renewal of the annual contract with A+ Septic
Service. A copy is attached.
The next matter before the Court was to consider the
renewal of the annual contract for grit trap pumping with A+
Septic Service. The terms, conditions and price remain the
same. On motion by Commissioner Cauley, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the renewal of the annual contract with A+ Septic Service. A
copy is attached.
The Court next considered the renewal of the annual
contract for pest control services with R. P. Lee Pest
Vol 1'3-7 Page /0
Commissioners Court meeting August 24, 2010 7
Control. The terms, conditions and price remain the same. On
motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the renewal of
the annual contract with R. P. Lee Pest Control. A copy is
attached.
The next matter before the Court was to consider the re-
appropriation of $2,500,000.00 from the County Health
Endowment Fund (CHEF) for allocation to the General Capital
Improvement Fund for construction of a new Tax Office
building. On motion by Commissioner Peters, seconded by the
County Judge, the Court voted unanimously to re- appropriate
the funds from the County Health Endowment Fund (CHEF).
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of LeRoy Kenney on
Wilcox Lane in Precinct 2 to remove silt material from a
drainage area at a low water crossing. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to authorize the work.
The Court next considered the request from ETC Texas
Pipeline, LTD to construct a road bore for a natural gas pipe
line installation in the right -of -way of Edge School House
Vol 1 �P Page I I
Commissioners Court meeting August 24, 2010 8
Road. The site is located in Precinct 2. The County Engineer
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the request from ETC Texas Pipeline, LTD and
authorized the installation. Company check #445015572 in the
amount of $500.00 accompanies the request. A copy of the
request is attached hereto.
The Court next considered a payment authorization in the
amount of $60.00 to Texas Department of Licensing and
Regulation for elevator inspection services. A purchase order
was not obtained in advance. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the payment authorization.
The Court proceeded to consider a payment authorization
in the amount of $955.00 to Eddie Hare, Accessibility
Specialist for the ADA inspection of the Brazos County
Detention Center expansion. A purchase order was not obtain
in advance. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the payment authorization.
Vol 1-3-7 Page la
Commissioners Court meeting August 24, 2010
9
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Janice Wood, over payment $127.96
b. Columbus Roland Estate, over payment $100.01
c. Johnnye Walton, over payment $200.00
d. KC LLC, over payment $12.71
e. Mary Lou Norman, over payment $5.95
f. JMD Roofing Company, over payment $749.79
g. Emanuel & Melanie Jeannine Mack, over payment $374.55
h. Coopers & Peters Elle Tracy Photo Studio, over payment
$10.00
On motion by Commissioner Mallard, seconded by the County
Judge, the Court voted unanimously to approve the tax refund
applications.
The Court next considered Budget Amendment #09/10 -45.1
through 45.7 that would reallocate funds for the 361st District
Court, Risk Management, Juvenile Referee, Sheriff's Office -
Jail Administration, Information Technology Department; and
transfer funds from Contingency to Justice of the Peace,
Precinct 3, and Court Support Costs. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the budget amendment as
submitted. A copy of each amendment is attached.
The Court next considered requisition #00030328 in the
amount of $2,854.00 to Dell Marketing LP for Commvault
Software. On motion by Commissioner Peters, seconded by
Vol 1 P Page I3
Commissioners Court meeting August 24, 2010 10
Commissioner Mallard, the Court voted unanimously to approve
the requisition.
The next matter before the Court was to consider
requisition #00030378 in the amount of $6,729.75 to Sequel
Data Systems, Inc. for the purchase of HP ProLiant DL 380 G6
Server. On motion by Commissioner Cauley, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the requisition.
The Court proceeded to consider requisition #00030337 in
the amount of $639.00 to GOV Connection Inc. for the purchase
of an INTEL 10 CX4 Dual Port Server Adapter. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the requisition.
The Court next considered requisition 400030317 in the
amount of $601.90 to GOV Connection, Inc. for the purchase of
North Wing keyboards and mice. On motion by Commissioner
Wassermann, seconded by Commissioner Cauley, the Court voted
unanimously to approve the requisition.
The next matter before the Court was to consider
requisition #00030372 in the amount of $9,676.84 to Dell
Marketing LP for the purchase of a Power Vault MD 1000 Rack.
On motion by Commissioner Cauley, seconded by Commissioner
Vol 137 Page 14
Commissioners Court meeting August 24, 2010 11
Peters, the Court voted unanimously to approve the
requisition.
The Court proceeded to consider requisition #00030321 in
the amount of $14,104.24 to Dell Marketing LP for the purchase
of a Powervault MD 3000 External Raid Array with Two Dual Port
Controllers. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the requisition.
The Court next considered requisition #00030318 in the
amount of $5,398.36 to Sequel Data Systems, Inc. for the
purchase of VMWare VSphere 4 Advanced for 1 Processor.
Commissioner Mallard asked Eric Caldwell, Director of the
Information Technology Department for an update of all the
purchases. Commissioner Cauley moved to approve.
Commissioner Peters seconded the motion. Commissioners
Wassermann, Peters, Mallard and Cauley voted "Aye ". The
County Judge voted "No ". The motion carried.
The next matter before the Court was to consider the
Continuity of Operation Plan Courthouse Renovation Phases 1 &
2 presented by 85th District Court Judge J. D. Langley. Judge
Langley addressed the Court on the plan and stated that the
dates were merely predictions and subject to change. On
motion by the County Judge, seconded by Commissioner Cauley,
Vol 1 �� Page Is
Commissioners Court meeting August 24, 2010 12
the Court voted unanimously to approve the renovation plan. A
copy is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7077838 through 70778037
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
Under announcement of interest items and possible future
agenda topics the following spoke:
County Judge
a) Asked the Commissioners to take an inventory
of the cemeteries in their precincts. The
Boy Scouts are looking to maintain one in
the county.
Under citizen input and /or concerns, the following
spoke:
Wayne Dicky, Jail Administrator
a) There were 601 inmates in jail, 51 have
electronic monitors and 45 are pending for
monitors.
Vol 13-7 Page I(P
Commissioners Court meeting August 24, 2010
13
Under Agency /Board /Committee reports by Court members
the following spoke:
Commissioner Mallard
a) He went to the CUC meeting last Thursday
and talked with Senator Thompson, Chairman
of the Transportation Committee. The
monthly meeting will be held at a
different time. Don Lee says controversial
legislation will not be voted on during
the next session.
Commissioner Cauley
a) The first education fair of Brazos County
was held on Saturday, August 14th and it was
a great success. This was sponsored by the
Brazos Valley Council of Governments.
Commissioner Wassermann
a) The legislature is not going to take
action on K2. We need to follow the City
of Bryan lead and take action on this.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 1,37 Page ) 7
The foregoing minutes of the Commissioners Court meeting held
August
24,
2010 have been examined
and are approved
in open
Court
this
the C.jStday
of
, 2010,
in Bryan,
Brazos County,
County
Duane Peters
Commissioner, Precinct 2
Commiss
Attest:
Karen McQueen
County Clerk
Vol 137 Page l8
Lloy Wassermann
Commissioner, Precinct 1
Kenny Malla
Commissioner, recinct
BRAZOS COUNTY COMMISSIONERS COURT
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Vol. 137 Pg. 0
BRAZOS COUNTY COMMISSIONERS COURT
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Name I Organization / Department
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PAGE of
Vol.
13% pg, a
.0
ORDER RELOCATING POLLING PLACE FOR
ELECTION PRECINCT 20
WHEREAS, there exists at the present time a certain polling place which can not
be used for the purpose of conducting elections; and
WHEREAS, the polling place for Election Precinct 20 is currently located in the
Rudder Tower, on the Texas A &M Campus, College Station, Texas; and
WHEREAS, for the convenience of the voters it is recommended that Election
Precinct 20 be conducted in the Memorial Student Center (MSC), on the Texas A &M
Campus, College Station, Texas, due to renovation improvements being made to the
Rudder Tower; and
WHEREAS, Texas A &M University has agreed to allow the polling place for
Election Precinct 20 to be located in the Memorial Student Center (MSC), on the Texas
A &M Campus, College Station, Texas:
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT
OF BRAZOS COUNTY, TEXAS, THAT:
Pursuant to chapter 43 of the Texas Election Code that the location of the polling
place be relocated in Brazos County to wit:
THAT the polling place for Election Precinct 20 be located in the Rudder Tower,
on the Texas A &M Campus, College Station, Texas;
THAT submission be made to the Assistant Attomey General, Civil Rights
Division, Voting Section, Department of Justice, Washington D.C. requesting the
preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act.
Vol. 137 Pg. '?— I Order 1"13
ADOPTED this day of August, 2010 by a vote of AYES and
r NAYS.
ATTEST:
z In
Order 10-013
GIRDER RELOCATING TEMPORARY
EARLY VOTING POLLING PLACE
WHEREAS, the Commissioners Court of Brazos County, Texas has established
four temporary early voting polling places in various locations ir°Brazos County; and
WHEREAS, the Commissioners Court is desirous to comply with section
85.062(d)(2) of the Texas Election Code which requires locating one temporary branch
early voting polling place in each Commissioner Precinct; and
WHEREAS, it is recommended that the temporary early voting polling place
currently located at the Rudder Tower, on the Texas A &M Campus, College Station,
Texas, be moved due to renovation improvements being made to the Rudder Tower; and
WHEREAS, the Commissioners Court is desirous of relocating the temporary
branch early voting polling place from the Rudder Tower, on the Texas A &M Campus,
College Station, Texas to the Memorial Student Center (MSC), on the Texas A &M
Campus, College Station, Texas, for the convenience of the voters;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT
OF BRAZOS COUNTY, TEXAS, THAT:
Pursuant to section 85.062(d)(2) of the Texas Election Code that one temporary
branch early voting polling place be established in each Commissioner Precinct in Brazos
County; and
THAT the temporary branch early voting polling place currently located in the
Rudder Tower, on the Texas A &M Campus, College Station, Texas be relocated to the
Memorial Student Center (MSC), on the Texas A &M Campus, College Station, Texas;
and
WFANFAM
Vol.
1-57 pg
3 Order 10-014
THAT submission be made to the Assistant Attorney General, Civil Rights
Division, Voting Section, Department of Justice, Washington D.C. requesting the
preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act.
ADOPTED this 2� day of August, 2010 by a vote of AYES and
NAYS.
ATTEST:
Vol. _ '?)7 pg. Order 10 -014
*5
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF VICTORIA
VICTORIA COUNTY JUVENILE BOARD
VICTORIA COUNTY JUVENILE JUSTICE CENTER
Detention Services
September 1 2010 - August 31, 2011
This Agreement is entered into by and between Brazos County, acting by and through its duly
authorized representative ('Juvenile Probation') and the Victoria County Juvenile Board,
acting by and through its duly authorized representative and County Judge, concerning
detention residential services provided at the Victoria County Juvenile Justice Center ( "the
Facility") by the Victoria County Juvenile Services Department ( "Service Provider ") pursuant
to license granted 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-dis positional treatment prescribed by the
Court. The placement facility to be utilized is owned and operated by Service Provider, and is
located at 97 Foster Field Dr, Victoria, Texas 77904.
ARTICLE II
TERM
2.01 The tern of this agreement is for 12 months, co nmencing September 1, 2010 . and ending
August 31, 2011.
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 within the Facility.
B. If emergency examination, EMS treatment, health care treatment and /or hospitalization
Vol. -137 Pg. dS
Victoria Comity Juvenile Justice Ccuter
Detention Services Agreement
September I, 2010 — August 31, 2011
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 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 Juvenile Probation officials of Outside Treatment with twenty-four (24)
hours of its occurrence.
C. Children from Brazos County who are alleged to have engaged in delinquent conduct,
indicating a need for supervision, as reflected in a Child in Need of Supervision Order
(CINS) will be admitted to the facility under the authority of any Juvenile Court having
jurisdiction or its designated official. Children not released within forty -eight (48) hours
(excluding weekends and holidays) must have a detention hearing in the appropriate
Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the
child is ordered detained, a certified copy of the Detention Order must be delivered to the
detention Facility prior to the child's re- admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
E. Acceptance of a child by the Facility will be determined by space availability. Service
Provider reserves the right to refuse admission of any child deemed inappropriate. Service
Provider has resolved to operate the Facility in compliance with the Juvenile Justice and
Delinquency Prevention Act, and therefore, Service Provider will not accept into children
whose detention would prevent the Facility from complying with the Juvenile Justice and
Delinquency Prevention Act or those "juveniles who are charged with or has committed
offenses that would not be criminal if committed by an adult or offenses which do not
constitute violations of valid court order, or such non - offenders as dependent or neglected
children" Section 223(x) (12) (A). No child who is intoxicated or in need of immediate
medical attention will be accepted under any circumstances without having been seen,
treated and released by a medical professional.
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 or physically unfit,
dangerous, unmanageable, unsuitable for the program or combination of such conditions
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 Victoria County
of this determination. The child shall immediately be removed from the Facility but in no
event no longer than four (4) hours after notification. It will be the responsibility of
Brazos County, at its expense, 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
Vol. �— Pg -- ---- --
Victoria County Juvenile Justice Center
Detention Services Agremncnt
September 1, 2010 — August 31, 2011
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, children may be released to the
Probation Officer or other appropriate authority of Brazos County pursuant to: (a)
paragraph E of this Agreement, (b) an Order of Release signed by the Judge of the
Juvenile Court of the placing Brazos County.
J. Service Provider shall be in compliance with all Standards and requirements of the Texas
Juvenile Probation Commission and all applicable State and Federal law.
K. Service Provider shall provide twenty (24) hour supervision for the client, including awake
staff during sleeping hours in a Secure Facility.
L. Each child placed in the Facility shall be provided the opportunity to complete the
Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile
Probation Commission. Facility personnel administering the MAYSI -2 shall be property
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
4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay
the Service Provider the sum of 95 per day for each child. The daily rate shall be paid to the
Service Provider for each day a child is in detention. The cost is based on the projected actual
cost of care for children in the facility.
4.02 Psychological services will be provided to the child on an as needed basis at the request of the
Juvenile Probation Department and shall be paid for by the Department.
4.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation
Department 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
Vol. 137 pg. 2-7
Victoria Co my Juvenile Justice Center
Detention Services Aereemenl
September I, 2010 — August 31, 2011
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 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probations Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
4.07 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
ARTICLE V
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a 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 officer's of Juvenile Probation may be denied if space
limitations require as determined by the Facility.
5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order /Authorization from the Juvenile Court of Brazos County.
von. )-37 Pg.
23
Vicloriu County Juvenile Justice Center
Detention Services A .-rcemmnt
September 1, 2010 — August 31, 2011
ARTICLE VI
EXAMINATION OF PROGRAM & RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its
program of services provided under the terms of this agreement and /or to review its record
periodically. This examination and evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of questionnaires to the
staff of Service Provider and the children when deemed necessary.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted
children as requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
6.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE 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 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter
261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service
Provider, and any of its employees, interns, volunteers or contractors, shall report any
allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a
juvenile in a juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse:
within twenty -four (24) hours from the time the allegation is made, to the following:
1. Local law enforcement agency (not required for serious incidents); and
Vol. 137 Pg. a i
Victoria County Juvenile Justice Ccatcr
Detanion Services Agreement
Seplem6cr I, 2010 — August 31, 2011
2. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form
to facsimile number 1- 512424 -6717 (or if unable to complete the form within 24
hoes, then by calling toll -free 1 -877- 786 -7263, followed by submitting the report
within 24 howl of said call). In addition, for serious incidents, a treatment
discharge form or other medical documentation that contains evidence of medical
treatment pertinent to the reported incident shall be submitted to the Texas
Juvenile Probation Commission within 24 hours of receipt, and
3. With respect to juveniles placed by Brazos County Juvenile Probation Department,
the TJPC Incident Report Form shall also be sent to Brazos County Juvenile
Probation Department within 24 howl at facsimile number (979) 823 - 421.1.
B. For allegations and incidents of sexual abuse or serious physical abuse:
1. Local law enforcement agency immediately, but no later than one (1) hour from
the time a person gains knowledge of or suspects the alleged serious physical
abuse or sexual abuse. The initial report shall be made by phone to law
enforcement;
2. Texas Juvenile Probation Commission immediately, but no later than four (4)
hours from the time a person gains knowledge of or suspects the alleged serious
physical abuse or sexual abuse. The initial report shall be made by phone by
calling toll -free 1- 877 - 786 -7263. Within 24 hours of the report by phone, the
completed TJPC hncident Report Form shall be submitted by facsimile number 1-
51.2- 424 -6717 or by email; and
3. With respect to juveniles placed by Brazos County Juvenile Probation Department,
the TJPC Incident Report Form shall also be sent to Brazos County Juvenile
Probation Department within 24 hours at facsimile number (979) 823 -4211.
8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of,
receives an oral or written statement from an alleged victim or other person with knowledge or
who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or
other serious incident involving a juvenile, but that is not alleged to involve an employee,
intern, volunteer, contractor, or service provider of a program or facility, shall be reported to
law enforcement or to other appropriate governmental unit as required in Texas Family Code
Chapter 261.
8.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written
statement from an alleged victim or other person with reasonable belief or knowledge as to
the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident
involving a juvenile in a juvenile justice facility or juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -
on -youth physical assault or ,youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual
abuse by contact or sexual abuse by non- contact.
Vol. 137 ° pg. 30
Victoria County Juvenile Justice Center
Dc(ention Services A .-rcement
September I, 2010 — August 31, 2011
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from
the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the
bodily harm or condition requires medical treatment by a physician, physician assistant,
licensed nurse practitioner, emergency medical technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether
contiguous or detached, operated wholly or partly by or under the authority of the
governing board, juvenile board or by a private vendor under a contract with the governing
board, juvenile board or governmental unit that serves juveniles wider juvenile court
jurisdiction. The term includes: a public or private juvenile post - adjudication secure
correctional facility required to be certified in accordance with the Texas Family Code; and
a public or private non - secure juvenile post - adjudication residential treahment facility
housing juveniles under juvenile court jurisdiction.
P. A juvenile justice program is a program or department operated wholly or partly by the
governing board, juvenile board or by a private vendor under contract with the governing
board or juvenile board that serves juveniles underjuvenile court jurisdiction or juvenile
board jurisdiction. The term includes a juvenile justice alternative education program and a
non - residential program that serves juvenile offenders while under the jurisdiction of the
juvenile court or juvenile board jurisdiction and a juvenile probation department.
ARTICLE IX
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its
employees, interns, volunteers or contractors providing services in a juvenile justice facility or
juvenile justice program that may have direct unsupervised access to juveniles in the facility or
program.
9.02 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through the
Texas Department of Public Safety.
B. Local law enforcement sex offender registration records check through the Public Sex
Offender Registry on the Texas Department of Public Safety website.
C. Federal Bureau of Investigation fingerprint -based criminal history background search at the
National Crime Information Center; internet -based searches shall not be used to conduct
this background search.
9.03 A copy of the initial criminal history report required by this Agreement and any reports
reflecting subsequent criminal activity shall be maintained for monitoring purposes for
whichever of the following occurs later: duration of the individual's employment or period of
service; minimum of three (3) years; or until any pending litigation, claim, audit or review and
all questions arising there from have been resolved.
9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any
one of the following:
A. A felony conviction against the laws of this state, another state, or the United States within
the past ten 10) years;
Vol. 1,57 Pg. 1131
Victoria County Juvenile Justice caller
Detention Smices Agreement
September I, 2010 — August 31, 2011
B. A deferred adjudication for a felony against the laws of this state, another state, or the
United States within the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the United
States within the past five (5) years;
E. A deferred adjudication for a jadable misdemeanor against the laws of this state, another
state, or the United States within the past five (5) years;
F. A current jai table misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of
Criminal Procedure.
9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying
criminal history, an individual must not have direct unsupervised access to juveniles in a
facility or program until at least one year has elapsed since the completion of any period of
incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying
criminal history shall be prohibited from having direct unsupervised access to juveniles in a
juvenile justice facility or a juvenile justice program.
9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a
prior criminal history from being placed in a position that involves direct unsupervised contact
with juveniles.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation., and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with
juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of
the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect
and exploitation investigation where an employee, intent' volunteer, subcontractor, agent
and /or consultant of the Service Provider that has direct contact with juveniles was the
alleged or designated perpetrator
VOL 137 Pg. 3a-
Victoria County.hrven le Justice Center
Detention Services Agreemenl
September 1, 2010 — August 31, 2011
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal
history. For the purpose of this Agreement, the term "criminal history" shall include: (1)
current felony or misdemeanor probation or parole; (2) a felony conviction or deferred
adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred
adjudication within the past five years.
G. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct unsupervised contact with juveniles in a juvenile
justice facility or juvenile justice program that have a disqualifying criminal history.
10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain
and disclose to Juvenile Probation any and all of the foregoing information as to any individual,
whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or
consultant of the Service Provider, prior to placing that individual in a position that involves
direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice
program.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. It will not unlawfully discriminate against employee, prospective employee, child,
childcare provider, or parent on the basis of race, sex, religion, disability or national origin.
Service Provider shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising
out of this Agreement without the written consent of Juvenile Probation.
ARTICLE XIII
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing bossy and
no other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this
Agreement or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
vol._ 137 pg 33
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1,2010— August 31, 2011
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.
ARTICLE X V
TERMINATION
15.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the intention to
terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims
or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
ARTICLE XVII
REPRESENTATIONS & WARRANTIES
1.7.01 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 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 Victoria or
any political subdivision thereof,
C. Victoria County will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider providing
limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance
shall be furnished to Juvenile Probation. Furthermore the Juvenile Probation shall be
notified immediately upon any changes in the status of the insurance policy 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
10
voi. - 1:37 pg. 3-4.
Victoria County Juvenile Jnstiec Center
Delenlioo Services Agreemon
September I, 2010 — August 31, 2011
be properly trained to report allegations or incidents of abuse, exploitation, neglect,
death or serious incidents involving a juvenile under the supervision of Juvenile Probation
in accordance with the requirements of Texas Family Code Chapter 261 and any applicable
Texas Juvenile Probation Commission administrative rules regarding abuse, neglect,
Exploitation, death or serious incidents, and that, if it has employees, interns, volunteers,
subcontractors, agents and /or consultants that have contact with juveniles in a juvenile
justice facility or juvenile justice program, then it shall prominently post in all public and
staff areas of any and all of its offices /facilities, both the English and Spanish language
versions of the following official notice forms that are available on the Texas Juvenile
Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and
Notice to Employees Regarding Abuse, Neglect and Exploitation.
ARTICLE XVIII
TEXAS LAW TO APPLY
18.01 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 Victoria County, Texas.
ARTICLE XIX
VENUE
19.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County,
Texas.
ARTICLE xX
LEGAL CONSTRUCTION
20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
therein.
ARTICLE XXI
21.01 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 m 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
ll
35
Vol. 13-7 Pg
Victoria County.Juveaile Justice Center
Detention Services Agreement
September 1, 2010 — August 31, 2011
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 _ �2 T 7K day of
,j-_, 2010,.
Brazos County
Probation Department
Chief Juvenile Probation Officer
Brazos
Chairman, B92os County Juvenile Board
0
12
Victoria County Juvenile Justice Center
Don R. Pozzi, Comity Judge
Facility Administrator
Stephen Williams
Chairman, Juvenile Board
vot. 1 3% pg. 3(p
CONTRACT AND AGREEMENT FOR SECURE LONG -TERM
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF VICTORIA
VICTORIA COUNTY JUVENILE BOARD
VICTORIA COUNTY JUVENILE JUSTICE CENTER
Residential Services
September 1, 2010 - August 31, 2011
This Agreement is entered into by and between Brazos County, acting by and through its duly
authorized representative ( "Juvenile Probation ") and the Victoria County Juvenile Board,
acting by and through its duly authorized representative and County Judge, concerning
residential care services provided at the Victoria County Juvenile Justice Center ( "the Facility ")
by the Victoria County Juvenile Services Department ( "Service Provider') pursuant to license
granted by the Texas Juvenile Probation Commission, and /or any other appropriate State agency
with licensure or regulatory authority over the 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 operated by Service
Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904.
ARTICLE 11
TERM
2.01 'Pile term of this agreement is for 12 months, commencing September 1, 2010 and ending August
31, 2011, unless one party notifies the other in writing, at least thirty (30) days prior to the
expiration of said term, of its intention to not renew this Agreement.
ARTICLE III
SERVICES
3.01 The two level of care services delivery criteria as well as the required description of the
characteristics of children will be in accordance with the definitions determined by the
Texas Juvenile Probation Commission.
Service Provider will provide the following level of care services:
A. Basic Level of Care consists ofa structured, supportive residential setting that is designed
to maintain or improve the child's functioning. It includes routine guidance and supervision
Vol. x-37 Pg. 37
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2010 — August 31.2011
to ensure the child's safety, involvement in age - appropriate structured activities,
rehabilitative services and guidance from professionals or paraprofessionals to help the
child attain or maintain functioning appropriate to the child's age and development-
Basic Level of Care requires the facility meet all applicable standards under Title 37 Texas
Administrative Code. All Secure Post - adjudications facilities that are registered with the
Texas Juvenile Probation Commission and certified by the local juvenile board qualify for the
daily rate listed above.
B. Specialized Level of Care consists of a structured, controlled residential treatment
setting that is designed to provide appropriate supervision and a moderate level of
therapeutic services to maintain or improve the child's functioning. These services reflect
a full range of social, psychosocial, and rehabilitative interventions and may include, but
are not limited to, substance abuse services, sex offender treatment special populations,
mental health services and services for pregnant females. Specialized programming is
developed and implemented by appropriately credentialed professionals.
The provision of individual, group and family therapy and other therapeutic
interventions and programs, are managed and administered by appropriately licensed
mental health professionals (e.g., psychiatrists, psychologists, therapists, counselors or
paraprofessional staff under the direct supervision of professional therapists or
counselors).
Review of a child's continued need for specialized services shall be conducted at least
every 90 days by an appropriate mental health professional and /or treatment team.
Specialized Level of Care requires the facility meet all applicable standards under Title 37
Texas Administrative Code. Secure Post - adjudications facilities that are registered with
the Texas Juvenile Probation Commission (TJPC) and certified by the local juvenile board
may qualify for this higher level of funding by submitting an application to TJPC for
approval.
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).
B. Provide and document paraprofessional counseling, off - campus visits or furloughs,
Major incidents and worker contacts. Any and all costs associated with off - campus visits
or furloughs will be paid by the parent or guardian.
C. Initiate and document meetings and attempted meetings among Service Provider,
Juvenile Probation staff and contracted children for the purpose of justifying continued
placement. Justification shall be done at a minimum of every ninety (90) days. A copy of
the placement justification shall be submitted to the Juvenile Probation Department
within ten (10) working days.
D. Ensure that the child's parent(s) or legal guardian(s) and the Juvenile Probation are
notified if a child in placement makes an unauthorized departure, becomes seriously ill,
or is involved in a serious accident. The Probation Officer and parents will be informed
immediately if during working hours. After normal working hours, every effort will be
made to notify Juvenile Probation and the parents. In the event of serious illness or
2
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Victoria County Juvenile.lnslice Center
Residential Services Agreement
seplcmber 1,2010 — August 31, 2011
accident and for any required follow -up care Service Provider shall be responsible for
having the child transported to the nearest hospital or emergency care facility.
E. Provide to the Juvenile Probation Department a written Individualized Treatment/Case
Plan developed in concert with the clientand 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.
Initiate and document meetings to review the Individualized Program Plan with the
child and the assigned Residential Services Probation Officer at reasonable intervals, not
to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth,
making modifications when necessary and determining the need for continued
placement outside of the child's natural home. The Individualized Treatment Plan shall
contain the reasons why the placement may benefit the client, shall specify behavioral
goals and objectives being sought for each client; shall state how the goals and objectives
are to be achieved in the placement; shall state how the parent(s), guardian(s), and,
where possible, grandparents and other extended family members will be involved in the
program plan to assist m preventing controlling the child's objectionable behavior.
G. Maintain copies of the original Individualized Program Plan and the periodic reviews.
H. Provide the Juvenile Probation Department with a written report of the child's progress
on a monthly basis in a Monthly Progress Report.
Document and maintain records of all goods and services provided to contracted
children. These records shall contain, but are not limited to: hours of services provided,
number of children served, average length of stay per client, total hours of counseling or
treatment provided. These records shall be made available to Juvenile Probation for
periodic inspection.
Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of youth in program successfully achieving set educational goals, percentage
of youth achieving set vocational goals, percentage of youth achieving set social skills
goals, percentage of youth demonstrating overall progress, number and type of
investigations made by the Department of Family and Protective Services or any law
enforcement agency due to reports of abuse and /or neglect. These records shall be made
available to Juvenile Probation for periodic inspection.
K. Any and all medical/ psychiatric treatment and medication required to meet the needs of
the child, as well as clothing, or other expenses not provided for in the Service Provider's
program, shall be the sole responsibility of the said child's parent(s), guardian(s), court
ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile
Probation, health insurance or Medicaid coverage. However h) no case shall a child be
denied any needed medical / psychiatric treatment or clothing due to the inability to pay.
Vol. A ;fl pg. 3
Victoria Coll Ny Juvenile i ustice Center
Residential Services Agreement
September 1, 2010 — August 31, 2011
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terns 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:
I. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in the
treatment program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within
six (6) months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their
placement as a successful discharge.
2. Percentage of children who have completed their placement and not re- referrals
within six (6) months after release.
3. Percentage of children who move down in their Level of Care.
Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed
as a guaranty of outcome of performance by any child.
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 sun of $95.00 per day for each child, admitted under "Basic" Level
of Care, $127.00 per day for each child admitted under "Specialized" Level of Care.
Vol. 37 pg. 40
Victoria County dnvcnlle.lnstiec Center
Residential Services Agreement
September 1, 2010 — August 31, 2011
The Levels of Care are defined by the Texas Juvenile Probation Commission. The daily rate shall
be paid to the Service Provider for each day a child is in residential treatment pursuant to billing
and paying procedures agreed upon by Juvenile Probation and Service Provider. The Female
Offender and Pregnant Offender Programs are recognized as a Specialized Treatment program
and payment for the same shall be at the Specialized Level Care rate set forth above.
Payment is due within 30 days of receipt of billing and shall be mailed to:
Victoria County Juvenile Justice Center
97 Foster Field Dr.
Victoria, Texas 77904
ATT: Pama Hencerling, Chief JPO
5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the
Probation Department. The initial psychiatric /psychological evaluation for admission is required
prior to acceptance into the program that has been conducted in within the last 12 months.
5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation
Department 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.
5.04 If an emergency examination, HMS 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 tine 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.
The Juvenile Probation Department shall make arrangements directly with vendors for the
provision of, and payment for, routine medical expenses, including without limitation,
hospitalization, prenatal services, and dental, for Post - Adjudication Program juveniles and other
juveniles for whom the Administrator has not elected to secure such services as provided herein
above.
Notwithstanding the foregoing, the Service Provider will endeavor to seek and obtain all benefits
available from other sources for eligible juveniles. Service Provider will initiate and complete
any appropriate Medicaid application and complete all necessary documentation to obtain
reimbursement for juveniles who may be eligible for Medicaid. Any income received by Service
Provider from sources other than this contract, including but not limited to Medicaid, Social
Security, medical insurance coverage, or contributions from parents or others must be
documented as to each juvenile for whom a billing is submitted and deducted from the invoice
submitted to the Juvenile Probation Department. Documentation must include the oame(s) and
SID numbers of the parties receiving the services, the dates and time services were provided and
such other information deemed necessary for adequate fiscal control.
5.05 Service Provider shall account separately for the receipt anti expenditure of any and all state
funds received from juvenile Probation under this contract. Service Provider shall account
Vol. 137 pg.
Victoria Counl)' J uvenilc iusticc Center
Rcsidentinl Services Agreement
Seplember I, 2010 — August 31, 2011
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 amoral 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.
5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if funds are not available or are not appropriated by the Texas Legislature.
5.07 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.
5.05 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
5.09 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231..006.
5.10 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 and other documentation required by
Service Provider,
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
Vol. 13-7 Pg. 4 �
Victoria Coanty.lurenile.111511ce center
Residential Servi= Agreement
September 1, 2010 — Aupst 31, 2011
determined to be, in the sole judgment of the Administrator, mentally or physically unfit,
dangerous, or unmanageable, unsuitable for the program or combination of such conditions or
characteristics 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. It will be tine responsibility of Juvenile Probation to . .
provide for the transportation for the removal of the child and shall be removed as soon as
practicable, but in no event longer than seven (7) working days after notification.
6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper
orders of the appropriate Juvenile Court shall not be discharged from the Facility until the
Administrator of the Facility receives a written authorization from tine 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.
6.08 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Brazos County, its agents, servants, or employees in any way to manage,
control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders
and designees in any manner respecting its work, duties or functions pertaining to the
maintenance and operation of the Facility. However, it is also understood that the Juvenile Court
of Brazos County shall control the conditions and terns of detention supervision as to a
particular child pursuant to Texas Family Code, Section 51.12.
6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider
At its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
ARTICLE VII
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees 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.
7.02. Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
Maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
Vol. 3 Pg' —��
Victoria County.Invenile Austice Cenler
Residential Services Agreement
Seplemhcr 1, 2010 — August 31, 2011
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records relating to
Children involved in Juvenile Probation., and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
Required by law,
ARTICLE IX
DUTY TO REPORT
9.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter
261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service
Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation
or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a
juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse:
within twenty -four (24) hours from the time the allegation is made, to the following:
1. Local law enforcement agency (not required for serious incidents); and
2. 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 )lours,
then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24
hours of said call). In addition, for serious incidents, a treatment discharge form or
other medical documentation that contains evidence of medical treatment pertinent
to the reported incident shall be submitted to the Texas Juvenile Probation
Commission within 24 hours of receipt; and
3. With respect to juveniles placed by Brazos County Juvenile Probation Department,
the TJPC Incident Report Form shall also be sent to Brazos County Juvenile
Probation Department within 24 hours at facsimile number (979) 823 -4211.
B. For allegations and incidents of sexual abuse or serious physical abuse:
1. Local law enforcement agency immediately, but no later than one (1) hour from the
time a person gains knowledge of or suspects the alleged serious physical abuse or
sexual abuse. The initial report shall be made by phone to law enforcement;
Vol, f 3 % pg 44
Victoria Counly.Iuvenile Justice Center
Residential Services Agreement
September I, 2010 — August 31, 2011
2. Texas Juvenile Probation Commission immediately, but no later than four (4) howl
from the time a person gains knowledge of or suspects the alleged serious physical
abuse or sexual abuse. The initial report shall, be made by phone by calling toll -free
1- 877 - 786 -7263. Within 24 hours of the report by phone, the completed TJPC
Incident Report Form shall be submitted by facsimile number 1- 512 -424 -6717 or by
email; and
3. With respect to juveniles placed by Brazos County Juvenile Probation Department,
the TJPC Incident Report Form shall also be sent to Brazos County Juvenile
Probation Department within 24 howl at facsimile number (979) 823421.1.
9.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of,
receives an oral or written statement from an alleged victim or other person with knowledge or
who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or
other serious incident involving a juvenile, but that is not alleged to involve an employee, intern,
volunteer, contractor, or service provider of a program or facility, shall be reported to law
enforcement or to other appropriate governmental unit as required in Texas Family Code
Chapter 261.
9.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written
statement from an alleged victim or other person with reasonable belief or knowledge as to
the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident
involving a juvenile in a juvenile justice facility or juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -
on -youth physical assault or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual
abuse by contact or sexual abuse by non- contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from
the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the
bodily harm or condition requires medical treatment by a physician, physician assistant,
licensed nurse practitioner, emergency medical technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether
contiguous or detached, operated wholly or partly by or under the authority of the governing
board, juvenile board or by a private vendor under a contract with the governing board,
juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction.
The term includes: a public or privatejuvenile post - adjudication secure correctional facility
required to be certified in accordance with the Texas Family Code; and a public or private
non - secure juvenile post- adjudication residential treatment facility housing juveniles under
juvenile court ju risd iction.
A juvenile justice program is a program or department operated wholly or partly by the
governing board, juvenile board or by a private vendor under contract with the governing
board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile
board jurisdiction. The term includes a juvenile justice alternative education program and a
non - residential program that serves juvenile offenders while wider the jurisdiction of the
juvenile court or juvenile board jurisdiction and a juvenile probation department.
vot. 137 Pg 415
Victoria County Joveoile Jastice Center
Residential Services Agreement
September I, 2010 — August 31, 201 1
ARTICLE X
CRIMINAL HISTORY SEARCHES
10.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees,
interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice
program that may have direct unsupervised access to juveniles in the facility or program.
10.02 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through the
Texas Department of Public Safety.
13. Local law enforcement sex offender registration records check through the Public Sex
Offender Registry on the Texas Department of Public Safety website.
C. Federal Bureau of htvestigation fingerprint -based criminal history background search at the
National Crime Information Center; internet -based searches shall not be used to conduct this
background search.
10.03 Acopy of the initial criminal history report required by this Agreement and any reports
reflecting subsequent criminal activity shall be maintained for monitoring purposes for
whichever of the following occurs later: duration of the individual's employment or period of
service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all
questions arising there from have been resolved.
10.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one
of the following:
A. A felony conviction against the laws of this state, another state, or the United States within
the past ten 10) years;
B. A deferred adjudication for a felony against the laws of this state, another state, or the United
States within the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the United
States within the past five (5) years;
F. A deferred adjudication for a jailable misdemeanor against the laws of this state, another
state, or the United States within the past five (5) years;
F. A currentjailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal
Procedure.
1.0.05 In addition to the criteria and time flames set forth in the above definition of disqualifying
criminal history, an individual must not have direct unsupervised access to juveniles in a facility
or program until at least one year has elapsed since the completion of any period of incarceration,
community supervision, or parole.
10
Vol. 13-7 pg. �'
Victo in County Juvenile Justice Center
Reside uial Services A$recmenl
September I, 2010 — August 31, 2011
10.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying
criminal history shall be prohibited from having direct unsupervised access to juveniles in a
juvenile justice facility or a juvenile justice program.
10.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior
criminal history from being placed in a position that involves direct unsupervised contact with
juveniles.
ARTICLE XI
DISCLOSURE OF INFORMATION
1.1..01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juvenites that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the past five years.
G. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct unsupervised contact with juveniles in a juvenile
justice facility or juvenile justice program that have a disqualifying criminal history.
11.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and
disclose to juvenile Probation any and all of the foregoing information as to any individual,
whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or
consultant of the Service Provider, prior to placing that individual in a position that involves
direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program.
Vol. _/ 37 pg q7
Victoria Counly Juvenile.lustice Center
Residential Services Agreement
Septcm6cr I, 2010 — August 31, 2011
ARTICLE XII
EQUAL OPPORTUNITY
1.2.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. It will not unlawfully discriminate against any employee, prospective employee, child,
childcare provider, or parent on the basis of age, race, sex religion, disability or national origin.
Service Provider shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XIII
ASSIGNMENT & SUBCONTRACT
13.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations
arising out of this Agreement without the written consent of Juvenile Probation.
ARTICLE XIV
OFFICIALS NOT TO BENEFIT
14.01 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 XV
DEFAULT
15.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
Including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
C. In either of these two circumstances after receiving notice of default, Service Provider does not
cure such failure within a period of ten (10) days.
ARTICLE XVI
'TERMINATION
16.01 'This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the intention to
terminate; or
B. Upon expenditure of available funds.
12
Vol. 1 37 pg. L' 8
Vlctori,. County 3tivenile Justiec Center
Residential Services Agreenxnl
September I, 2010 — August 31, 2011
16.02 If at anytime during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
ARTICLE XVII
WAIVER OF SUBROGATION
17.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims
or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
ARTICLE XVIII
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That 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 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 Victoria or any
political subdivision thereof;
C. Victoria County will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider providing
limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance
shall be furnished to Juvenile Probation. Furthermore the Juvenile Probation shall be notified
immediately upon any changes in the status of the insurance policy 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, neglect,
death or serious incidents involving a juvenile under the supervision of Juvenile Probation in
accordance with the requirements of Texas Family Code Chapter 261 and any applicable
Texas Juvenile Probation Commission administrative rules regarding abuse, neglect,
Exploitation, death or serious incidents; and That, if it has employees, interns, volunteers,
subcontractors, agents and /or consultants that have contact with juveniles in a juvenile
justice facility or juvenile justice program, then it shall prominently post in all public and staff
areas of any and all of its offices/ facilities, both the English and Spanish language versions of
the following official notice forms that are available on the Texas Juvenile Probation
Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to
Fnnployees Regrading Abuse, Neglect and Exploitation.
ARTICLE XIV
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 Victoria County, Texas.
13 q
VOI. � 37 Pg. 1 I
Victoria County Juvenile Jnstiea Center
Residentinl .Services Aer cinent
September I, 2010 —August 31, 2011
ARTICLE XX
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria 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.
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 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 here unto affix our signature this —62 �l day of �J
201I.Z.
Brazos County
Victoria County Juvenile Justice Center
Prob 'on,Departm nt
Chief Juvenile robation Officer Don R. Pozzi, County Judge
14
Stephen Williams
Chairman of the Juvenile Board
voi. 13 7 pg. 50
No. BRA2010 /11 7
CONTRACT AND AGREEMENT FOR
POST ADJUDICATION SERVICES
OF JUVENILE OFFENDERS
STATE OF TEXAS
COUNTY OF NUECES
Brazos County Juvenile Probation Department
October 1, 2010 — September 30, 2011
This Agreement is entered into by and between Nueces County Juvenile Board, at the request of and on
behalf of the Nueces County Juvenile Probation Department and Brazos County Juvenile Probation
Department concerning residential care services provided at the Robert N. Barnes Regional Juvenile
Facility by the Nueces County Juvenile Department pursuant to license granted by the Texas Juvenile
Probation Commission, and /or any other appropriate State agency with licensure or regulatory authority
over the facility.
ARTICLE I
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
tern residential care for children adjudicated to have committed delinquent conduct or conduct
indicating a need for supervision. The placement facility to be utilized operated by Service
Provider, and is located at 2310 Gollihar Rd, Corpus Christi, Texas 78415.
ARTICLE II
TERM
2.01 The term of this agreement is for 12 months, commencing October 1, 2010 and ending
September 30, 2011, unless one party notifies the other in writing, at least thirty (30) days prior
to the expiration of said term.
ARTICLE III
SERVICES
3.01 Service Provider will provide the following level of care services:
A. Basic
B. Moderate
The level of care services delivery criteria as well as the required description of the
characteristics of children will be in accordance with the definitions determined by the Texas
Juvenile Probation Commission.
VOL 1 37 pg. 51
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, haircuts, transportation, school supplies,
room, (rent, utilities, maintenance, telephone).
B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major
incidents and worker contacts. Any and all costs associated with off - campus visits or
furloughs will be paid by the parent or guardian.
C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile
Probation staff and contracted children for the purpose of justifying continued placement.
Justification shall be done at a minimum of every ninety (90) days. A copy of the placement
justification shall be submitted to the Juvenile Probation Department within ten (10) working
days.
D. Ensure that the child's parent(s) or legal guardian(s) and the Juvenile Probation are notified if
a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in
a serious accident. The Probation Officer and parents will be informed immediately if during
working hours. After normal working hours, every effort will be made to notify Juvenile
Probation and the parents. In the event of serious illness or accident and for any required
follow -up care Service Provider shall be responsible for having the child transported to the
nearest hospital or emergency care facility.
E. 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.
F. Initiate and document meetings to review the Individualized Program Plan with the child and
the assigned Residential Services Probation Officer at reasonable intervals, not to exceed
ninety (90) days, to assess the child's progress toward meeting goals set forth, making
modifications when necessary and determining the need for continued placement outside of
the child's natural home. The Individualized 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.
G. Maintain copies of the original Individualized Program Plan and the periodic reviews.
H. Provide the Juvenile Probation Department with a written report of the child's progress on a
monthly basis in a Monthly Progress Report
1. Document and maintain records of all goods and services provided to contracted children.
These records shall contain, but are not limited to: hours of services provided, number of
children served, average length of stay per client, total hours of counseling or treatment
provided. These records shall be made available to Juvenile Probation for periodic
inspection.
2
Vol. 137 Pg. a
J. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of youth in program successfully achieving set educational goals, percentage of
youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations made
by the Department of Family and Protective Services or any law enforcement agency due to
reports of abuse and /or neglect. These records shall be made available to Juvenile Probation
for periodic inspection.
K. Any and all medical /psychiatric treatment and medication required to meet the needs of the
child, as well as clothing, or other expenses not provided for in the Service Provider's
program, shall be the sole responsibility of the said child's parent(s), guardian(s), court
ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation,
health insurance or Medicaid coverage. However in no case shall a child be denied any
needed medical /psychiatric treatment or clothing due to the inability to pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
S. The average length of time before a child moves down in the Level of Care.
C, Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their placement as a
successful discharge.
2. Percentage of children who have completed their placement and not re- referrals within
six (6) months after release.
3. Percentage of children who move down in their Level of Care.
Vol. 137 pg 63
Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a
guaranty of outcome or performance by any child.
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 $90.00 per day for each child, admitted under "Moderate" Level of
Care. The daily rate shall be paid to the Service Provider for each day a child is in residential
treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and
Service Provider.
5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the
Probation Department. The initial psychiatric /psychological evaluation for admission is required
prior to acceptance into the program that has been conducted in within the last 12 months.
5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation
Department 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.
5.04 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.
The Juvenile Probation Department shall make arrangements directly with vendors for the
provision of, and payment for, routine medical expenses, including without limitation,
hospitalization, prenatal services, and dental, for Post - Adjudication Program juveniles and other
juveniles for whom the Administrator has not elected to secure such services as provided herein
above.
4
Vol. 137 pg. � L'
Notwithstanding the foregoing, the Service Provider will endeavor to seek and obtain all benefits
available from other sources for eligible juveniles. Service Provider will initiate and complete
any appropriate Medicaid application and complete all necessary documentation to obtain
reimbursement for juveniles who maybe eligible for Medicaid. Any income received by Service
Provider from sources other than this contract, including but not limited to Medicaid, Social
Security, medical insurance coverage, or contributions from parents or others must be
documented as to each juvenile for whom a billing is submitted and deducted from the invoice
submitted to the Juvenile Probation Department. Documentation must include the name(s) and
SID numbers of the parties receiving the services, the dates and time services were provided and
such other information deemed necessary for adequate fiscal control.
5.05 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 expanded 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.
5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part
with grant or state funds and shall be subject to termination without penalty, either in whole or in
part, if funds are not available or are not appropriated by the Texas Legislature.
5.07 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.
5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
5.09 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
5.10 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.
Vol. i pg. �55
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 the County and other documentation required by Service
Provider.
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 or physically unfit,
dangerous, or unmanageable, unsuitable for the program or combination of such conditions or
characteristics 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 this
determination. It will be the responsibility of Juvenile Probation to provide for the transportation
for the removal of the child and shall be removed as soon as practicable, but in no event longer
than seven (7) working days after notification.
6.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders
of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator
of the Facility receives a written authorization from the Juvenile Probation Department that
originally detained the child.
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 the Nueces County pursuant to:
(a) 6.04 of this Agreement,
(b) Order of Release signed by the Judge of the Juvenile Court of Nueces County.
6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to
permit Nueces County, its agents, servants, or employees in any way to manage, control, direct or
instruct Service Provider, its director, officers, employees, agents, shareholders and designees in
any manner respecting its work, duties or functions pertaining to the maintenance and operation
of the Facility. However, it is also understood that the Juvenile Court of Nueces County shall
control the conditions and terms of detention supervision as to a particular child pursuant to
Texas Family Code, Section 51.12.
6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at
its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
M
Vol. 157 Pg. ��
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 under the terms of this agreement and/or to review its record periodically.
This examination and evaluation of the program may include site vis itation, obse rvation of
programs in operation, interview and the administration of questionnaires to the staff of Service
Provider and the children when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses of
this Agreement.
7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation. Service
Provider will maintain the records (as referenced above) for three (3) years after the termination
of this Agreement.
7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the authority
to audit funds received indirectly by subcontractors through the Contractor and the requirement to
cooperate is included in any subcontract it awards."
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be required
by law.
ARTICLE IX
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegations or incident of abuse, exploitation or neglect of any child (including but not limited
to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the
time the allegation is made, to all of the following:
A. Local law enforcement agency (such as the Nueces County Sheriff's Office);
Vol. 137 Pg. 62
B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to
facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then
by calling toll -free 1- 877- 786 -7263, followed by submitting the report within 24 hours of
said call); and
C. Nueces County Juvenile Probation Department to facsimile number 361.561.6060 (Attn:
Chief Juvenile Probation Officer).
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative
duty under this Agreement to promptly ascertain and disclose in sufficient detail this same
information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant for
employment because of race, color, religion, sex or national origin including but not limited
to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or
termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship. The Service Provider agrees to post in conspicuous places, available to
Vol. 13 pg. 6 F
employees and applicants for employment, notices to be provided setting forth the provision
of this non - discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service
Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and for obligations arising
out of this Agreement without the written consent of Juvenile Probation.
ARTICLE XIII
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no
other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his/her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or
any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
in either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the
parties agree to negotiate in good faith in an effort to resolve any disputes related to this
contract that may arise, no matter when the dispute may arise. If a dispute cannot be
resolved by negotiation, the dispute shall be submitted to mediation before the parties resort
to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and the parties shall pay the costs of mediation services equally.
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.
0
Vol. 1 37 pg. 5 9
E. 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 address. A party must provide
notice of a change of address during the term of this Agreement. Unless specified otherwise,
notices required in this Agreement shall be deemed to have been received when actually
receive.
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 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 XV
TERMINATION
15.01 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 of its intention to terminated:
A. By thirty (30) days from the date of the of the intention to terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or
rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
10
Vol. 13-7 pg (0 O
ARTICLE XVII
SOVEREIGN IMMUNITY
17.01 This Agreement is expressly made subject to Nueces County 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 Nueces County has by operation of law.
Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XVIII
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That 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 Nueces or any political subdivision thereof;
C. That it carries sufficient insurance to provide protection to Juvenile Probation and the
indemnity provisions, as well as for any potential liability that arise form or related to this
Agreement; and
D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will
be properly trained to report allegations or incidents of abuse, exploitation or neglect of a
juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any
applicable Texas Juvenile Probation Commission administrative rules regarding abuse,
neglect and exploitation allegations.
ARTICLE 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 Nueces County, Texas.
ARTICLE XX
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Nueces 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.
11
Vol. l Pg. tat
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 committed an
act of delinquency or an act indicating a need for supervision, and payment for such care will be
made by the county for the children placed in the Facility by the Judge of the county having
juvenile jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT
OF AN ORIGINAL.
IN WI ESS WHEREOF, we hereunto affix our signature this _ a64%day of
20 It).
NUECES COUNTY JUVENILE PROBATION DEPART NT
BY: BY:
Honorable Terry Shamsie, Chairperson Homer Flores
Nueces County Juvenile Board Director /Chief Juvenile Probation Officer
County Court at Law V Judge
BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT
BY: BY:
Authorized Off ial
12
vo1. 137 Pg. z2 a
CONTRACT AND AGREEMENT FOR SECURE LONG -TERM
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF MILAM
4M YOUTH SERVICES, INC
dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Residential Services
September 1, 2010 - August 31, 2011
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 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 FM 487, 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 September 1, 2010 and ending August
31, 2011.
ARTICLE III
SERVICES
3.01 Service Provider will provide the following level of care services:
A. Basic
B. Specialized
C. Intensive
The three level of care 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.
Vol. 137 Pg. l3
Rochdale Regional Juvenile Center
Residential Services Agreement
September 1, 2010 — August 31, 2011
3.02 Service Provider will perform the following services:
A. Provide basic residential services, including: standard supervision by qualified adults,
food and snacks, recreation, personal hygiene items, hair cuts, transportation, school
supplies, room, (rent, utilities, maintenance, telephone), as agreed by Juvenile Probation.
B. Provide and document paraprofessional counseling, off - campus visits or furloughs,
major incidents and worker contacts. Any and all associated with off - campus visits or
furloughs will be paid by the parent or guardian.
C. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are notified if a
child in placement makes an unauthorized departure, becomes seriously ill, or is involved in
a serious accident. The Probation Officer and parents will be informed immediately if during
working hours. After normal working hours, every effort will be made to notify Juvenile
Probation and the parents. In the event of serious illness or accident and for any required
follow -up care Service Provider shall be responsible for having the child transported to the
nearest hospital or emergency care facility.
D. Provide to the Juvenile Probation Department a written Individualized Treatment /Case
Plan developed in concert with the client and mutually agreed upon by the appropriate
Service Provider staff and the Probation Officer within thirty (30) days of placement. Said
individualized Treatment /Case Plan shall include measurement of progress towards goals
in the following nine (9) domains: medical; safety and security; recreational; educational;
mental /behavioral health; relationship, socialization; permanence, parent and child
participation.
E. Initiate and document meetings to review the Individualized Program Plan with the child
and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed
ninety (90) days, to assess the child's progress toward meeting goals set forth, making
modifications when necessary, and determining the need for continued placement outside
of the child's natural home. The Individualized Treatment Plan shall contain the reasons
why the placement may benefit the client; shall specify behavioral goals and objectives being
sought for each client; shall state how the goals and objectives are to be achieved in the
placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and
other extended family members will be involved in the program plan to assist in preventing
controlling the child's objectionable behavior.
F. Maintain copies of the original Individualized Program Plan and the periodic reviews.
G. Provide the Juvenile Probation Department with a written report of the child's progress on
a monthly basis in a Monthly Progress Report.
H. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of youth in program successfully achieving set educational goals, percentage
of youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations
made by the Department of Family and Protective Services or any law enforcement agency
due to reports of abuse and /or neglect. These records shall be made available to Juvenile
Probation for periodic inspection.
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Rockdale Regional Juvenile Center
Residential services Agreement
September 1, 2010 — August 3 I, 2011
Any and all medical /psychiatric treatment and medication required to meet the needs of the
child, as well as clothing, or other expenses not provided for in the Service Provider's
program, shall be the sole responsibility of the said child's parent(s), guardian(s) , court
ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile
Probation, health insurance or Medicaid coverage. However in no case shall a child be
denied any needed medical/ psychiatric treatment or clothing due to the inability to pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their placement
as a successful discharge.
2. Percentage of children who have completed their placement and not re- referrals within
six (6) months after release.
3. Percentage of children who move down in their Level of Care.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the
foregoing output and outcome measures. These reports will be reviewed by Juvenile
Probation in order to monitor Service Provider for programmatic compliance with this
Agreement.
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 95 per day for each child, admitted under
"Moderate" Level of Care, 127 per day for each child admitted under "Specialized"
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Vol. 3 "% Pg. S
Rockdale Regional Juvenile Center
Residential Swvices Agreement
September 1, 2010 — August 31, 2011
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 Summary 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.
5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal
Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in
Proper form shall be paid by Juvenile Probation in a timely manner.
5.05 If an emergency examination, EMS treatment, health care treatment, and /or hospitalization
outside the Facility ( "Outside Treatment ") are required for a child placed in the Facility, the
Administrator of the Facility is authorized to secure the Outside Treatment at the expense of
the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider,
its officers, administrator, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of
Outside Treatment within twenty -four (24) hours of its occurrence.
5.06 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
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
voi. X137 pg.
Rockdale Regional Juvenile Center
Residential Services Agreement
September I, 2010 — August 31, 2011
prior to the renewal date of the contract.
5.07 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if funds are not available or are not appropriated by the Texas Legislature.
5.08 In the event that State Reimbursement Rates are increased during the duration of the terms of
this contract, the new rates will become effective reflecting those of the increase.
5.09 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
5.10 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
ARTICLE VI
ADDITIONAL TERMS & AGREEMENTS
6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement
shall call the Facility to ensure that space is available. Placement of children by authorized
officer's of Juvenile Probation may be denied if space limitations require as determined by the
Facility.
6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order from the Juvenile Court of Brazos County.
6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct
as fixed and determined by the Administrator and staff of the Facility.
6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or
unmanageable, or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department
of Brazos County of this determination. The child shall be removed immediately from the
Facility. It will be the responsibility of Juvenile Probation to provide for the transportation for
the removal of the child.
6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper
orders of the appropriate Juvenile Court shall not be discharged from the Facility until the
Administrator of the Facility receives a written authorization from the Juvenile Probation
Department that originally detained the child.
Vol. 137 Pg. l —7
Rockdale Regional Juvenile Center
Residential Services Agreement
September I, 2010 — August 31, 2011
6.07 It is further understood and agreed by the parties that children placed in the Facility may be
released to the Probation Officer or other appropriate authority of Brazos County pursuant
to: (a) section 6.04 of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile
Court of Brazos County.
6.08 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Brazos County, its agents, servants, or employees in anyway to
manage control, direct or instruct Service Provider, its director, officers, employees, agents,
shareholders and designees in any manner respecting its work, duties or functions pertaining to
the maintenance and operation of the Facility. However, it is also understood that the Juvenile
Court of Brazos County shall control the conditions and terms of detention supervision as
to a particular child pursuant to Texas Family Code, Section 51.12.
6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider
at its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
ARTICLE VII
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees 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.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
6
Vol. 3 Pg• g
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2010 —August 31, 2011
8.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
required by law.
ARTICLE IX
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any 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 Sheriff's Office);
B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to
facsimile number 1 -512 -424 -6717 (or if unable to complete the form within 24 hours, then by
calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said
call); and
C. Brazos County Juvenile Probation Department
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or .
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
Vol. 3 Pg.
Rockdale Regional Juvenile Center
Residential Services Agreement
September 1, 2010 — August 31, 2011 .
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, childcare provider, parent, employee or applicant for
employment because of race, color, religion, sex or national origin including but not limited
to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or
termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship. The Service Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provision
of this non - discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service
Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
OFFICIALS NOT TO BENEFIT
12.01 No officer, employee or agent of juvenile Probation and no member of its governing body and
no other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE XIII
DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT
13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
in either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
C. Except to the extent 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.
8
Vol. 37 pg. 70
Rockdale Regional Juvenile Center
Residential Services Agreement
September I, 2010 — August 31, 2011
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief.
E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by
registered U.S. mail, return receipt requested, to the party at the addresses listed below. A
party must provide notice of a change of address during the term of this Agreement. Unless
specified otherwise, notices required in this Agreement shall be deemed to have been received
when actually receive.
4M Youth Services, Inc. Brazos County
696 N FM 487 1904 W. Hwy 21
Rockdale, Texas 76567 Bryan, Texas 77803
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 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 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 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
9
VOL
13'/ pg. 7 I
Rockdale Regional Juvenile Center
Residential Services Agreement
September I, 2010 — August 31, 2011.
or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
ARTICLE XVI
INDEMNIFICATION
16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County
against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful
and negligent act(s) of commission or omission by Service Provider, its agents, servants or
employees arising from activities under this contract. Service Provider shall have no obligation
to indemnify and hold harmless Brazos County for any act(s) of commission or omission of
the County or the County's agents, servants, or employees arising from or related to this contract
for which a claim or other action is made.
ARTICLE XVII
SOVEREIGN IMMUNITY
17.01 This Agreement is expressly made subject to Brazos Countys Sovereign Immunity, Title 5
of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The
parties expressly agree that no provision of this Agreement is in any way intended to constitute a
waiver or any immunities from suit or from liability that the Brazos County has by
operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XVIII
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and
staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its business;
and that there are no taxes due and owing to the State of Texas, the County of Brazos, or
any political subdivision thereof;
C. Service Provider will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider. Certified copies
of original insurance policies shall be furnished to Juvenile Probation. Furthermore
the Juvenile Probation shall be notified immediately upon any changes in the status
of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile
Probation.
D. That all of its employees, interns, volunteers, subcontractors, agents 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 XIX
TEXAS LAW TO APPLY
10 -7 A
Vol. 137 Pg.
Rockdale Regional Juvenile Center
Residential services Agreement
September 1, 2010 — August 31, 2011
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.
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 day of
20-Lo.
Brazos County
/�-
VYV'v/
Chief juvenile 'Probation Officer
4M Youth Services, Inc.
Tia Coleman - Garrett
Facility Administrator
I1
Vol. Pg.- -- 3---
AGREEMENT FOR FEES, FINES AND COURT COSTS COLLECTIONS
This Agreement is executed to be effective the 1st day of January. 2011,
by and between Brazos County, a political subdivision of the State of Texas (the
"County ") and I -Plow, a company organized and existing under the laws of the State of
Texas ( "Company').
RECITALS:
A. Company is in the business of providing a comprehensive "Fees, Fines and
Court Costs" collections solution that includes but is not limited to: business
process assessment and consulting, multi -user software development and report
generation, legacy system data conversion, configuration, installation, user
training and support to governmental entities for the collection of fees, fines and
court costs due to the County.
B. County desires to engage Company for the purpose of significantly increasing
County revenues in the collection of fees, fines and court costs.
NOW, THEREFORE, for and in consideration of the mutual covenants, obligation,
benefits, and agreements herein contained, the County and Company do hereby agree
as follows:
1. Term
(a) The County or Company may terminate this Agreement at any time, with or
without cause, on ninety (90) days prior written notice of termination. Upon the
termination of this Agreement, Company shall provide County data in a tab delimited
format to facilitate system conversion or process abandonment. Upon the system
conversion, County will abandon and destroy all Company assets.
(b) This Agreement shall renew on a year -to -year basis. This Agreement
shall not be extended if Company is in default of any term or provision of
this Agreement.
2. Compensation: The services provided by Company to County shall be for
the total sum of Five Thousand Six Hundred Fifty Dollars ($5,650) per year. County
shall pay Company for its services within thirty (30) days of the effective date of this
Agreement. Company further offers County its services for a sum not greater than Five
Thousand Six Hundred Fifty Dollars ($5,650) on an annual basis for each additional
term.
(a) Prior to the effective date, Company offers County all services described
herein at no charge to County.
Vol. 13 7 Pg. -74
3. Duties of Company: Throughout the term Company shall provide the County
with:
a. Company shall provide to County a client- server software configuration to
support ten (10) concurrent users.
b. Company is responsible for assessing and consulting with County in reference
to the fees, fines and court costs collections process subject matter experts to
identify minimum County requirements.
c. Company is responsible for the collections process being fully operational per
County minimum requirements within thirty (30) days of the effective date of this
Agreement.
d. Company is responsible for fees, fines and court costs collection software
configuration and installation.
e. Company is responsible for training all Clerk staff exposed to the fees, fines and
court costs collections software.
f. Company is responsible for supporting all technical issues associated with the
fees, fines and court costs collections software other than connectivity and desk-
top issues.
g. Company shall work in good faith, with County and /or designated
representatives, to resolve fees, fines and court costs collections software
performance issues within a 24 -hour time frame at no additional cost to
customer.
h. Company acknowledges that all data is County property and shall take all
reasonable precautions to safeguard this asset. Company will send County a
back -up copy of the system on CD or DVD no less than every quarter for
disaster recovery purposes. Company will treat all data received as confidential
and will release data to a third party only as instructed in writing by County.
4. Duties of County: Throughout the term, the County shall:
a. Provide a stable computer /technical environment that adequately supports the
current and projected fees, fines and court costs collections caseload.
b. Provide reasonable pre /post implementation access, at no Company expense,
to any and all fees, fines and court costs collections process internal and
external resources including equipment, points of contact and subject matter
experts.
vo1.- '137 Pg. 15
c. Provide fees, fines and court costs collections data in a machine - readable
format for Company- hosted database.
d. Maintain current Windows based operating systems on County computers,
which will access the Company- hosted database. Note that Company's fees,
fines and court costs collections software will behave on Microsoft Windows2000
or later. Older versions are functional, but require additional Microsoft Licensing.
e. Define a unique fees, fines and court costs collections software logon ID and
password for each user authorized by County to access the fees, fines and court
costs collection database. County shall identify the role (guest, cashier, collector,
supervisor, etc.) for each logon ID to assign fees, fines and court costs
collections software access privileges.
I. Acknowledge the process risk associated with Company's offer which includes a
computer software rapid application development (RAD) component.
g. .Acknowledge that County remains the custodian of record for all collections -
related information. Data transmitted to Company will not include social security
numbers or other personal data subject to the provisions of the Privacy Act.
h. Acknowledge that the provision of Company's fees, fines and court costs
collections solution is exclusively for County benefit and utilization.
i. Acknowledge that County may be dependent on internal and /or external
technical resources. Company also acknowledges that it does not have any
authority to incur any expense on behalf of County for any cause whatsoever
and vice versa.
5. Technical Environment: Company's client -server configuration consists of
thin - client personal computer access to a Microsoft JET (Access) database residing on a
Company owned terminal server. County PCs access the terminal server via Windows
Remote Desktop Connection. This connection is dependant upon Internet access being
available at each PC and access to a local printer. Data communications between
County and Company require static IP addresses.
6. Indemnification: COMPANY COVENANTS AND WARRANTS THAT IT
WILL PROTECT, DEFEND, AND HOLD HARMLESS THE COUNTY, THE COURTS,
JUDICIAL OFFICERS, ITS EMPLOYEES, OFFICERS, ELECTED OFFICIALS, AND
LEGAL REPRESENTATIVES FROM ANY AND ALL CLAIMS, SUITS, DEMANDS, AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEYS FEES RELATING IN ANY WAY TO DAMAGES, CLAIMS,
Vol. 137 pg. �
OR FINES ARISING BY REASON OF OR IN CONNECTION WITH COMPANY'S
ACTUAL OR ALLEGED NEGLIGENCE OR OTHER ACTIONABLE PERFORMANCE
OR OMISSION OF COMPANY IN CONNECTION WITH OR DURING THE
PERFORMANCE OF THE DUTIES UNDER THIS AGREEMENT.
7. Governing Law and Forum: This Agreement and its interpretation and
any disputes relating thereto, arising out of or connected with this Agreement,
shall be governed by the laws of the State of Texas, without regard to its conflicts
of law provisions. Any dispute relating to, arising out of, or connected with this
Agreement shall be filed and maintained in Brazos County, Texas. For purposes
of this Agreement, venue shall be in Brazos County, Texas.
8. Amendments: This Agreement may be amended only in writing, with
such written instrument being approved and executed by Company and County.
9. Notices: Any notice, demand, or request required by or made pursuant to
this Agreement shall be deemed properly made if made in writing and delivered by hand -
delivery, facsimile and confirmed by first -class mail, postage prepaid, or deposited in the
United States Mail, postage prepaid, addressed to the respective representative and to
the respective addresses set forth below. The notice shall be effective on the date of
receipt, unless notice is received on a Saturday, Sunday or legal holiday, it shall be
deemed received on the next business day.
To County:
Name: 21 Gn«y Sirs
Title: Covnq T ✓qc r-
Address: 5. Te�CS /NYC• 5Fe_ ?2 B� x
Address-
Telephone: ?fir) 3l0( —c{Sp3 rGx
Facsimile: C -9 1gi) 3lPf — 410;L-
To Company
Name: Mark Odom
Title: Partner
Address: 3463 Magic Drive, Suite T20, San Antonio, Texas 78229
Telephone: (210) 582 -5862
The parties may change the address where or the individual to whom notice is to be
given by providing written notice of such change pursuant to this section. Nothing
contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the County and Company.
10. Severability: The invalidity, illegality, or unenforceability of any provision
VOI. 1 � Pg. -2-7
of this Agreement, or the occurrence of any event rendering any portion of provision of
this Agreement void, shall in no way affect the validity or enforceability of any other
portion or provision of this Agreement. Any void provision shall be deemed severed from
this Agreement and the balance of this Agreement shall be construed and enforced as if
this Agreement did not contain the particular portion or provision held to be void. The
parties further agree to in good faith attempt to reform this Agreement to replace any
stricken provision with a valid provision.
11. Extent of Agreement: This Agreement represents the entire Agreement
between County and Company.and supersedes all prior negotiations, representations or
agreements, whether written or oral.
12. Survival: The provisions of this Agreement which expressly or impliedly
contemplate or require performance after the termination or expiration of operations
hereunder shall survive such expiration or termination.
13. Representations: Company represents that it and its employees, agents,
representatives and subcontractors are fully competent and qualified to perform all
services required to be performed under this Agreement. Company further represents
that it is experienced in this type of service and that all services to be performed
hereunder shall be of the highest professional quality.
14. Assignment of Rights and Delegation of Duties: Due to the unique nature
of the program, the parties agree that Company may not assign its rights or delegate it
duties hereunder to any third party without the prior written consent and approval of the
County, which consent shall not be unreasonably withheld. Any purported assignment,
transfer or conveyance without such consent shall be null and void. Notwithstanding the
foregoing, a merger, recapitalization, consolidation, acquisition, reorganization, or similar
action by Company shall not be considered an assignment of rights or delegation of
duties.
15. Successors and Assigns: This Agreement shall be binding upon and shall
inure to the benefit of and be binding upon the permitted successors and assigns of the
parties hereto. The enforcement of the terms and conditions of this Agreement and all
rights of action relating to such enforcement shall be strictly reserved to the County and
Company. The parties do not intend to confer any benefit hereunder on any person, firm
or corporation other than the parties hereto. Nothing contained in this Agreement shall
give rise to or allow any claim or right of action whatsoever by any person or entity, other
vol. 13 7 pg. 7 8
than the County or Company, and any such person or entity receiving any benefit from
this Agreement shall be deemed an incidental beneficiary only.
16. Approval, Authority and Certification: The parties represent that they have
the legal power and have taken the requisite action to enter into this Agreement. The
parties executing this Agreement certify by their signatures that they have the legal
power, right and actual authority to bind their respective organizations to the terms and
conditions of this Agreement and all related instruments and that any resolutions
necessary to create such authority have been duly passed and are now in full force and
effect.
17. Headings: Headings and titles of sections of this Agreement are included
herein for convenience of reference only and shall not constitute a part of the
Agreement for any other purpose and will not affect in any way the meaning or
interpretation of this Agreement.
EXECUTED this the DeT
/ /o
day of 2009
Date: V-QV110
I -PLOW
By:��
Date: '7/15//0
Vol. 137 Pg. 77
3 v A
TROY
Group, Inc.
TROY PRODUCT SERVICE AGREEMENT
between
TROY GROUP INC
and
Brazos County
TROY Group, Inc (TROY) with its principal offices at 940 South Coast Drive, Ste. Zoo, Costa Mesa, California
92626, and the Customer hereby agree to the terms and conditions of this Agreement whereby TROY agrees to
provide and the Customer agrees to pay for equipment maintenance service as fully specified herein and in
Attachment One.
t. TERM OF AGREEMENT
1.1. The term of this Agreement is shown on Attachment One.
2. WARRANTY PERIOD OF MAINTENANCE
2.1. The warranty period of maintenance on the TROY MICR Printer is for one -year from the date of
purchase. During this warranty period, service is provided via depot return unless otherwise
specified.
2.2. Thereafter charges set forth in Attachment One shall entitle the Customer to parts and labor and
on -call maintenance as specified in Attachment One, excluding holidays observed by TROY.
3. EQUIPMENT INSTALLATION AND RELOCATION
3.1. The Customer is responsible for installation, unless otherwise arranged.
3.2. After the original installation, the Customer must notify TROY in writing within thirty days of
the relocation of any equipment covered by this Agreement. The Customer will, at its own
expense, furnish labor for packing and unpacking equipment and both labor and equipment
needed for moving equipment to the new location. If the new location is at different premises,
causing TROY to expend increased travel time and cost, Customer agrees to pay reasonable
increased monthly maintenance charges. If the relocation takes the printer to a different service
zone, TROY reserves the right to increase the level of response time, if necessary.
4. EXCLUSIONS
4.1. Toner cartridges, MICR font cards, and other like consumables are not covered by this
Agreement. The Printer Maintenance Kit is a consumable, the Kit and or the installation of the
Kit is not covered under this Agreement.
4.2. TROY one -year warranties and extended -year support contracts cover TROY printers under that
time duration, and if a failure occurs, TROY will provide support and service
for the printer. TROY strongly recommends the use of TROY MICR toner cartridges which have
been tested as a system with the TROY printer, font, and security check paper to produce
consistent, reliable MICR readability. During development and manufacturing of TROY
solutions, the MICR line and output quality is rigorously tested using ANSI, ABA, and APACS
standards to assure readability as the document passes through the banking system. TROY has
no ability to assure the ongoing standards of other brands or to ensure reliable output if non-
TROY Group, Inc. - 3 Bryan Drive • Wheeling, WV 26003 USA
Phone (304) 232 -0899 • Toll Free (800) 332 -6427 • Fax (304) 232 -0996 • www.troygroup.com - infoC�troygrouo com
Page 2
Vol. Pg• 910
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TROY toner cartridges are used. If TROY customers use non - TROY - branded toner cartridges,
and that non- TROY - branded toner cartridge causes malfunctions in the TROY printer, the
repair is not covered under TROY warranty or maintenance Agreements. If TROY printer
problems occur with non -TROY- branded toner cartridges, it is recommended that the customer
request remedy from the manufacturer of the non -TROY toner cartridge, or to request that
TROY perform the necessary repairs under time and materials charges.
43• Any service or repair work occasioned by the failure of Customer to observe any of the
conditions set forth in this Agreement, or by tampering, misuse or abuse of the equipment, or by
flood, fire, act of God, or other similar event of catastrophe, shall be rendered by TROY at the
rate set forth in the TROY Maintenance Price List in effect at the time the services are
performed. Any parts replacements so occasioned shall be provided at Customer's expense.
5• TAXES
5.1. There shall be added to the above charges an amount equal to any municipal, state, and federal
taxes, however designated, levied or based on such charges of this Agreement that may be paid
or be taxable by TROY. These additional charges shall also include any tax (excluding income
tax) not presently deemed applicable, but which is hereinafter held or ruled applicable by new
law, interpretation of existing law or otherwise.
6. PAYMENTS
6.1. All charges set forth in Attachment One of this Agreement including taxes shall be prepaid in
advance. Maintenance is not in effect if invoice is not paid prior to the beginning term date of
contract. Visa, Master Card and company checks are acceptable methods of payment.
7. CONDITIONS
7.1 Customer shall indemnify, defend and hold harmless, and hereby releases and discharges,
TROY and its subsidiaries, and their respective owners, employees, directors, officers,
agents, lenders, affiliates, insureds, successors and assigns (collectively, the "Indemnified
Parties "), for, from and against all claims, demands, liabilities, losses, damages, penalties,
costs and expenses, including reasonable attorneys' fees, arising out of, resulting from, or in
connection with the performance of the work performed in connection with this Agreement.
7.2. Customer shall use the equipment described above in accordance with the instructions of the
manufacturer and shall not permit anyone other than TROY authorized maintenance personnel
to perform maintenance work or attempt repairs or adjustment of the equipment. Customer
agrees to notify TROY if any piece of equipment being serviced hereunder is sold or is moved
from its present location.
7.3. Customer shall permit free access to equipment, and shall provide adequate storage space,
working space, heat, light, ventilation, specified electric circuits and outlets for the use of TROY
authorized maintenance personnel. Such facilities shall be provided by Customer without cost
to TROY. It is understood that TROY is acting hereunder as an independent contractor and that
its authorized maintenance personnel shall be subject only to supervision and instruction of
TROY.
74 In connection with TROY's obligations hereunder, TROY reserves the right, at its option, to
replace any part which fails to perform its function under normal use in accordance with the
specifications therefore, rather than to repair same, and TROY reserves the further right to
TROY Group, Inc. • 3 Bryan Drive • Wheeling, WV 26003 USA
Phone (304) 232.0899 • Toll Free (800) 332 -6427 • Fax (304) 232 -0996 • www.troygroup.com • info@trovaroun.com
Page 3
VOL 137 _ Pg. -9 1
I'f
� v
substitute, at its option, new and improved parts which are capable of performing a function
similar to that of the replaced part.
8. GENERAL
8.1 TROY warrants that TROY shall, during the term of this Agreement, repair or replace any items
of equipment which may be damaged solely as a result of negligence on the part of TROY
personnel. Other than the foregoing warranty, TROY provides the service on an "AS IS" basis,
AND MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THE
MERCHANTABILITY OR FITNESS OF SERVICE OR ANY EQUIPMENT SUPPLIED BY TROY
FOR ANY PARTICULAR PURPOSE. Without limiting the foregoing, in no event shall TROY be
liable for any loss of the use of any items of equipment to be serviced hereunder or any failure of
any equipment to perform properly or for any incidental, indirect or consequential damages
resulting from the service or provision of any equipment by TROY, whether under theory of
warranty, tort or products liability. In no event shall TROY's liability hereunder exceed the cost
of replacement of the equipment being serviced hereunder.
8.2. If either party shall be in default with respect to any of its covenants under this Agreement and
such default continues for thirty days after written notice thereof by the other party, this
Agreement may be terminated by such other party at the end of said thirty-day period without
further notice. Such termination shall be in addition to all other remedies arising from such
default.
8.3. All questions concerning the construction, validity and interpretation of this Agreement will be
governed by the laws of the State of California without regard to its conflicts of laws. Any claim
or controversy arising out of or related to this Agreement or any breach thereof shall be
submitted to the Superior Court of the State of California, Santa Ana in Orange County, and the
parties hereto hereby consent to the exclusive jurisdiction and exclusive venue of such court.
Any previous Agreements between the parties with respect to the service specified in this
Agreement are superseded. This Agreement may not be altered or modified except by an
authorized officer or representative of each of the parties hereto. TROY shall not be liable for
any failure or delay in performance hereunder if such failure or delay is due, in whole or in part,
to any cause beyond its control. The terms and conditions herein contained shall prevail
notwithstanding any variance with items and conditions in any purchase order or other
documents.
8.4. Customer acknowledges that TROY has specially trained its personnel who perform
maintenance service hereunder. Customer hereby agrees that, during the term of this
Agreement, it will not solicit or otherwise attempt to employ such TROY employees for the
purpose of performing maintenance on any equipment manufactured by TROY.
8.5. This Agreement is made by and between Customer and TROY and creates no rights in or to any
third parties.
8.6. During the period beginning with the date hereof and ending three (3) years after all services to
be provided hereunder have been performed, neither Customer nor its affiliates shall offer
employment to any existing employee of TROY. For purposes of this paragraph the term
"affiliate" shall be deemed to include any person or entity, which is directly or indirectly: (1)
owned or controlled by the Customer in question; (ii) owns or controls such Customer or (iii) is
owned or controlled by any person or entity described in clause ii) of this sentence.
Notwithstanding the above, there shall be no restriction on soliciting or hiring TROY's
personnel, and no payment to them if employees are solicited, hired or used as contractors
TROY Group, Inc. • 3 Bryan Drive • Wheeling, WV 26003 USA
Phone (304) 232 -0899 • Toll Free (800) 332 -6427 • Fax (304) 232 -0996 • www.uoygroup.com •info trovgroup.com
Page 4
y
Group, Inc.
more than three (3) years after they leave TROY's employment, or if a mutually acceptable
Agreement between TROY and Customer is made prior to any employment offers being made.
8.7. No waiver of any right or remedy on one occasion by either party shall be deemed a waiver of
such right or remedy on any other occasion.
8.8. This Agreement may be executed by duly authorized officers of the respective parties hereto in
any number of counterparts, each of which shall be deemed the original. This Agreement may
be translated into any other language and such translation may be initialed, but only this
Agreement in the English language shall be deemed the original. If any conflict exists between
the English language and the translation, the English language version shall control. In the
event that any provision of this Agreement shall be held by a court of competent jurisdiction to
be invalid or unenforceable, the remaining portions of this Agreement shall remain in full force
and effect and shall be construed so as best effectuate the intention of the parties upon
execution.
8.9. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall in no way be affected or
impaired.
8.10. This document and all documents referred to or incorporated herein by reference contain all
agreements, warranties, understandings, conditions, covenants, and representations made
between Customer and TROY. Neither TROY nor Customer shall be liable for any Agreements,
warranties understandings, conditions, covenants, and representations that are not expressly
set forth in this Agreement. Any different or additional terms and conditions in any purchase
order, invoice or other document are hereby expressly rejected by TROY and shall have no force
or effect. This Agreement may only be modified in writing by an instrument signed by an
authorized representative of each party. In the event of a conflict between the terns and
conditions of this Agreement and the Customer application, the terms and conditions of this
Agreement shall prevail.
8.11. All purchases under this Agreement shall be governed by this Agreement. In the event of a
conflict between provisions of this Agreement and the terms and conditions of Customer's
purchase order, the terms and conditions of this Agreement shall prevail.
This Agreement and its applicable attachments are the complete Agreement regarding these transactions, and
replace any prior oral or written communications between TROY and Brazos County By signing below for each
respective enterprise, TROY and Brazos County agree to the terms of this Agreement.
Accepted by: TROY Group, Inc.
Signature: -i
Name: to r, 4, �oG
Title:.-.+ 0(- .S/d'42�
Date: 8 — //' l�
Accepted by Cust : Br o ou
Signature:
Name:
Title: a)- rTty 3 �
Date: gn� f t to
Phone:
Email: +x, JS
TROY Group, Inc. • 3 Bryan Drive • Wheeling, WV 26003 USA
Phone (304) 232 -0899 • Toll Free (800) 332 -6427 • Fax (304) 232 -0996 • www.troygroup.com • iMO�coin
Page 5
Vol. I Pg. 33
Between
TROY GROUP INC
and
Brazos County
Service Address: Brazos County
2o5 East 27t" Street
Bryan, TX 77803
Bill to Address: Brazos County
Model /Description /Serial# Basic Principle Period
UUpaadgd Warranty
TROY 4015 Secure EX Printer Monday through Friday
Serial Number(s): CNDY835104 8:00am - Toopm ET
l�lll.�?t'll
The initial term of this Agreement begins on July 30, 2010 and ends on July 29, 2015, a sixty (6o)
month (Initial Term) and automatically renews for additional twelve (12) month periods (Renewal
Term). Customer shall provide written notice of termination ninety (9o) days prior to the anniversary
date of the Initial Term or any Renewal Term thereafter.
2. RESPONSE T1MIi
Average on -site response time during the stated coverage period will be within 9 working hours of a service
request at least 8o percent of the time, unless deferred to a more convenient time by the customer.
3. PAYMENT AND PRICING
The Customer agrees to pay the following charges for on -site upgraded warranty set-vice in accordance with
the terms set forth in the Product Service Agreement by and between above parties, as dated. Payment must
be received in full before services will be provided.
CHARGE PER PRINTER PER ra MONTH PERIOD: $383.00
TOTAL CHARGE: $1915,00
(Following the warranty period, support will be invoiced at after - warranty price.)
TROY Group, Inc. • 3 Bryan Drive • Wheeling, WV 26003 USA
Phone (304) 232 -0899 • Toll Free (800) 332 -6427 • Fax (304) 232.0996 • www.troygroup.com • info ro arouo.com
Page 6
Vol. - �3Z Pg, 9�
I y
Group,
4. HOLIDAYS
Holidays observed by TROY are: New Years Eve, New Years Day, Presidents Day, Spring Holiday (Good
Friday), Memorial Day, 4th of July, Labor Day, Thanksgiving Day and the day after Thanksgiving, Christmas
Eve and Christmas Day.
Accepted by: TROY Group Inc
Accepted by:
Brazos County
South Coast Drive
Customer:
2og Gast 27" S
Ste. 200
B TX
Costa Mesa, CA 92626
Signature: a�� ✓�r'e _____
Signature:
_.._ .
Print Name: A n �? c _
_ Print Name:
SJ.
Title: rv� f ---
Title: llDlhil �6 LK%c
Date:
8-"! /- (�
Date:
TROY Group, Inc. • 3 Bryan Drive • Wheeling, WV 26003 USA
Phone (304) 232 -0899 • Toll Free (800) 332 -6427 • Fax(304)232-0996 • www.troygroup.com • info roygrouo com
Page 7
Vol. pg. 85
HART
in ter c i v i c
ADDENDUM TO THE
WARRANTY, SUPPORT, AND LICENSE AGREEMENT
This Addendum to the Warranty, Support and License Agreement ( "Addendum ") is made as of
,'& �uQu. , 2010 ( "Addendum Effective Date ") by and between Hart InterCivic, Inc,, a Texas corporation ( "Hart"), and
Brazos county ( "Client "), a governmental subdivision of the State of Texas
WHEREAS, Hart and Client entered into a Warranty, Support, and License Agreement on or about
November 26 20 0; (the "Agreement "); and
WHEREAS, Hart and Client desire to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein, Hart and Client hereby agree to amend
certain of the provisions of the Agreement as follows:
1) Definitions. The following terms shall have the following respective definitions. Capitalized terms not
defined in this Addendum shall have the meaning set forth in the Agreement for such term.
a) "Base Year" means 2010 (552,439)
b) "Initial Tenn Commitment Period" means 5 years.
c) "Revised Termination Date" means November 25, 2015
d) "Second Tenn Commitment Period" means three (3) years.
e) "Anniversary Date" means the annual date payment is due.
2) Initial Term Commitment. The term of the Agreement shall be extended by the Initial Term Commitment
Period such that it now ends on the Revised Termination Date, The Annual Fee for each year of the Initial Term
Commitment Period shall be equal to the Annual Fee for the Base Year.
3) Second Term Commitment. After the Initial Term Commitment Period, Client may elect to renew for a period
equal to the Second Term Commitment Period by sending written notice to Hart. For the Second Term Commitment
Period, Hart may increase the Annual Fee one time at the beginning of such period by a maximum of four percent (4 %) of
the Annual Fee for the Base Year, and such adjusted fee shall apply for the remainder of the Second Tenn Commitment
Period.
4) Post- Commitment. After the Initial Term Commitment Period and, if elected by the Client pursuant to Section
3 above, the Second Term Commitment Period, the Agreement may be renewed for subsequent one (1) year renewal terms
at Client's discretion pursuant to the renewal provisions set forth in the Agreement. For each such one (1) year period,
the Annual Fee may be increased in Hart's discretion subject to any maximum increase limits set forth in the Agreement.
5) Applicability and Additional Equipment. This Addendum and the services provided pursuant thereto apply
only to the Hart Voting System version 6.x. Notwithstanding the rest of this Addendum, to the extent that Client purchases
additional equipment or software during the Revised Term or thereafter, Client's Annual Fee will be increased accordingly
pursuant to the Agreement and as mutually agreed upon by and between Client and Hart.
Vol.— 3-r- — Pg.
HART
i.ntercIvIc"
6) Termination. in the event that the Agreement is terminated prior to the end of the Revised Term either by
Client for any reason other than as a result of Hart's default as defined in the Warranty, Support and License Agreement or
as a result of Client non - appropriation of funds or by Hart as a result of Client's breach, Client shall pay to Hart a termination
fee equal to the Annual Fee determined in accordance with Section 1 above, multiplied by the number of years remaining in
the Revised Term for which the Annual Fee has not yet been paid. In addition, Client shall not be entitled to any refund or
credit for Annual Fee payments made prior to such termination. In the event that public funds are not appropriated for the
performance of Client's obligations under this contract, then this contract shall automatically expire on the next anniversary
date without penalty to Client. Client must provide thirty (30) days written notice to Hart prior to the anniversary date of the
non- appropriation of public funds. It is expressly agreed that Client shall not activate this non - appropriation provision for its
convenience, substitution for another voting system, voting solution, or election- related services or to circumvent the
requirements of this contract in any way, but only as an emergency fiscal measure during a substantial fiscal crisis which
affects generally its governmental operations. Upon contract expiration or termination Client shall immediately cease all use
of Hart equipment, Hart software or any other component or part of the Hart Voting System.
7) Representations. Each parry hereto represents and warrants that (i) it has obtained all necessary approvals,
consents and authorizations to enter into this Addendum and to perform and carry out its obligations hereunder, (ii) the
persons executing this Addendum on its behalf have express authority to do so, and, in so doing, to bind the party thereto;
and (iii) the execution, delivery, and performance of this Addendum does not violate any provision of any bylaw, charter,
regulation, or any other governing authority of the party.
8) General. This Addendum supersedes the relevant provisions of the Agreement and any prior amendments
thereto. A!i unaffected provisions of the Agreement are and shall remain valid and binding in accordance with the terms of
the Agreement. This Addendum is governed by the laws of the State of Texas without regard to principles of conflict of
laws. This Addendum maybe executed in multiple counterparts. Facsimile signatures shall be valid and binding. Client is
responsible for payment of any taxes related to the license and support fees referenced in this addendum.
IN WITNESS WHEREOF, the parties have entered into this Addendum to the Agreement as of the Addendum Effective
Date.
Agreed and Accepted:
Client
Name:
Address:
Primary Phone:
Facsimile:
E -mail:
Executed �B-Y�,
Name: KQac
Title:
to n
ri
Kart
Hart InterCivic, Inc.
15500 Wells Port Drive
Austin, Texas 78728
Attn.: Phillip W. Braithwaite
800 - 223 -4278
800 - 831 -1485
& General Manager
This Addendum is not effective until executed by both parties.
Vol. 137 Pg, 9 %
RENEWAL ACCEPTANCE
By signing herewith, A+ Septic Service, Inc agrees to renew
Annual Contract for Grease Trap Pumping, in accordance with
all terms and conditions previously agreed to and accepted, and
with no increase in price.
I understand this agreement will be for the period beginning
October 1, 2010 through September 30, 2011.
A+ SEPTIC SRVICE, INC
BRAZOS COUNTY
-7-16-16)
Date
SC /Q k
Date
Vol. 137 Pg. 9
RENEWAL ACCEPTANCE
By signing herewith, A+ Septic Service, Inc agrees to renew
Annual Contract for Grit Trap Pumping, in accordance with all
terms and conditions previously agreed to and accepted, and with
no increase in price.
I understand this agreement will be for the period beginning
November 1, 2010 through October 31, 2011.
A+ SEPTIC SRVICE, INC
BRAZOS COUNTY
Randy Sims„ bounty Judge
-7- iy -io
Date
Og
Date
Vol. 132 Pg.--J 9
RENEWAL ACCEPTANCE
By signing herewith, RP Lee Pest Control agrees to renew Annual
Contract for pest control services, in accordance with all terms
and conditions previously agreed to and accepted, and with no
increase in price.
I understand this agreement will be for the period beginning
October 1, 2010 through September 30, 2011.
RP Lee Pest Control
AuthoSignature
BRAZOSCOUNTY
Randy Sin ,County Judge
B 4-10
Date
gal
Date
Vol. 13 pg. 9 0
Coversheet
http: / /agenda. co.brazos.tx.us /B lueshect. aspx ?lteni[D= 337 &Meef ngID=18
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BRAZOS COUNTY
BRYAN,TEXAS
8 Print
DEPARTMENT: Budget Office
DATE OF COURT 8124/2010
MEETING:
ITEM: Reappropriation of $2,500,000.00 from the County Health
Endowment Fund (CHEF) for allocation to the General Capital
Improvment Fund for construction.
TO: Commissioners Court
FROM:
Irene Jett
DATE:
08!13!2010
FISCAL IMPACT:
Yes
BUDGETED:
No
DOLLAR AMOUNT:
$ 2500000.00
BUDGET DETAIL:
County Health Endowment Fund (CHEF)
SOURCE OF FUNDS:
The corpus of the County Health Endowment Fund was provided
through the State's distribution of a portion of the "Tobacco"
settlement in 1999. The earnings of the fund are budgeted for
distribution each year in compliance with the purpose established
by Commissioners' Court.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR
Commissioners' Court approval of reappropriation of "CHEF" funds
ALTERNATIVES:
to the General Capital Improvment Fund to be used to fund the
building of a new Tax Office building. If approved the funding will
be appropriated with the approval of the 2011 Approved Budget.
County Judge
date
1 of 2 VOI 137 4-q/ 8/20/2010 6:44 PM
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
FROM: REF:
ETC TEXAS PIPELINE LTD Crossing x and/or Parallel Installation
&00 SUNTERRA BLVD., SNITE 400 _
Road: _EDGE HUU HUffSE
Sou 4NTQUQ TFXAS 79958 Precinct Number:
Formai notice is hereby given that (applicant) ETC TEXAS PIPELINE. to
place a (type) NATURAL GAS Proposes
EDGE SCHOOL HUUSE Pipeline within the right -of -way of (road)
in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by three
copies of the drawings attached to this notice.
I understand and agree:
1. The County Engineer must be notified prior to the beginning of construction in order that a
designated inspector may Inspect the actual installation.
2. That all damage to the roadways and rights -of- -way will be repaired to their original condition to
the satisfaction of the County Engineer.
3. That 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. That Brazos County will in no way be responsible for any damage which may occur to any
existing utility lines in the right -of -way.
5. That 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. That the line or lines will be constructed no less than forty -eight inches (48 ") 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. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas
Department of Transportation dated 1989.
8. That all sites will be barricaded during the construction period.
9. That the normal charge is $500.00 per crossing and /or $130.00 per rod when paralleling the roadway
established by the Commissioners Court on December 21, 2004.
10. 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.
11. Construction shall be in strict conformance to the latest Texas Man al on 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.
Construction of this line will begin on or after the 24 day of AUGUST '2ol o
APPROVED BY COMMISSIONERS'
COURT ON:
2
Date
Randy S' s, County Judge
Revised 12/21/04
APPLICANT:
ETC TEXAS PIPELINE LTD
Company Name , [f
VIC BARNETT �Vv�v✓
Representativeriitle Company
979/542 -5702
Telephone Number
7-37
rf
M
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 45.1 thru 45.7
On this the 24th day of August 2010 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Duane Peters, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
P. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 24th August 2010 the Court heard and approved a budget amendment forthe
2009 -2010 budget year for Brazos County, Texas; and
WHEREAS, 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 24th day of August 2010.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Randy S/ns, County Judge
Original: County Clerks Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. ,37 pg
DIV
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 45.1
Rnn19ni n
CR
& JP Pct #3:
and to allow
Vol. 137 Pg. 9 q
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 46.2
8/24/2010
IFUNDI DIV ACCT IPROJJDRICRI ACCOUNT NAME Increase Decrease
0100 1 22200100 59100000 CR IDDEA 134.64
0100 22200100 67281000 DR Office Equipment 134.64
361st District Court:
Reallocation of funds to purchase a shredder.
voi. 137 Pg.- q s
100 1 24301100 1 67281000
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 09/10 - 45.3
Increase
Vol. 137 Pg. 9 (P
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 -45.4
0 L1011
FUND
0100
DIV
22500100
ACCT
59100000
PROJ
DRlCR
CR
ACCOUNT NAME
DDEA
Increase
Decrease
466.77
0100
22500100
60170000
DR
Copier/Printer Su lies
60.85
0100
22500100
61620000
DR
Subscriptions &Publications
176.00
0100
22500100
61801000
DR
Travel
229.92
Juvenile Referee
Reallocation of funds to cover travel ex enses and additional departmental expenditures for the remainder of fiscal ear.
Vol. /37 Pg.— ? 7
funds to
NR - Pl
T
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 09/10 - 45.5
Vol. _ 1 �7 pg. 8
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 45.6
Rr ?annln
FUNDI
DIV
ACCT
PROJ
DRlCR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency- General Fund
220,000.00
0100
11010000
72201000
DR
CourtA ointedAttorneys -CCL #2
50,000.00
0100
11010000
72203000
DR
Court Appointed Attorneys - PreinVDiss.
30 000.00
0100
11010000
72205000
DR
Court Appointed Attorneys - 85th
100 000.00
0100
11010000
72207000
DR
Court Appointed Attorneys - 361st
20 000.00
0100
11010000
61020000
DR
Autop
20,000.00
Court Support Costs:
Transfer of funds Comity contin enc to pay Ore court ap22intedattoniey fees in Court Support Costs Division.
pg 7 9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09(10 - 45.7
8131/2010
FUNDI
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100 1
14000100
67203000
CR
Minor Computer Hardware
39,404.00
0100
14000100
80203000
DR
Computer Hardware - Capital
31,151.00
0100
14000100
80211000
DR
Software - Capital
8,253.00
Information Technology
To reallocate funds to allow for the purchase of computer hardware and software for additional storage capabilities, growing storage
requirements and additional information technolo needs.
Pceparet'Yr`7 +r f �a Ng, Dafa Z
vDt+ 137 f'I /00
Courthouse Renovation — Phases 1 & 2
ust 11, 2010 Matt Nash, the Project Manager for Madison Construction presented his
revised construction schedule for the completion of Phases t & 2 of the Brazos Courthouse
Renovation. The following dates are extracted from that schedule and are significant because they
require movement of current courthouse operations to allow that construction to proceed.
September 23, 2010
Installation of a temporary wall 5 feet inside the noY rt h wall on 2n° & 3d floors begins.
November 4, 2010
Installation of a temporary wall 5 feet inside the east 1l on 2ntl & 3d floors begins.
December 17, 2010 —December 23, 2010
County Clerk relocates from current space to temporary spaces
February 23, 2011
Removal of temporary wall from north wall on 2w & 3d floors completed.
April 27, 2011
Removal of temporary wall from east wall on 2nd & 3'd floors completed
June 3, 2011 — June 99 2011
District Clerk Main Office relocates from current space on 2"d floor to new permanent
offices on 1a floor. (This relocation does not Include Collections Office or Jury Services
Offices)
Vol. 1— 3— Pa• ----
July 15, 2011 —July 21, 2011
County Attorney relocates from current space on 3' Floor to new permanent offices on 16t
floor
August 4, 2011 — August 10, 2011
County Clerk relocates from temporary space to permanent offices.
December 13, 2011
Substantial completion of Phase II (2n4 Floor)
January 18, 2012
Substantial completion of Phase II (3d Floor)
Vol. 137 Pg. % d 3
Commencing on September 23d, 2010, temporary walls will be constructed 5 feet inside the north
curtain wall of the courthouse on the 2nd & 3 floor. This directly affects the operations of both the
County Courts at law on the 2"d floor and the District Attorney's Office on the 3`d floor. To
accommodate the construction schedule, the following relocations will occur on the dates indicated.
September 19th, 2010
• Jury Services will relocate its offices from Suite 202 of the courthouse to what is known
as the Bride's Room located in the main hallway outside the old sanctuary of the
Administration Building. The affected individuals' (and phones) are:
Ginger Lanehart Admin, Bride's Room 361 -4255
Cheryl Coffman Admin, Bride's Room 361 -4225
Juror Contact Phone Line Admin, Bride's Room 361 -4224
Upon completion of the parking garage now under construction, it is anticipated that the
sanctuary of the Administration Building will become the central jury room to which all
jurors report for jury service (eliminating the use of the Brazos Center by Jury Services).
September 20th, 2010
• County Court at Law No. 1 will relocate all its offices (except the Court Reporter) to
Courthouse Suite 202 (currently occupied by Jury Services) and will utilize the County
Commissioners Courtroom (Suite 106 of the County Admin Building) for courtroom
operations. The affected individuals' (and phones) new office designations are:
Amanda Matzke, Judge
Crystal Pineda, Coordinator
Tiffany Newton, Secretary
Roy Kelly, Bailiff
CtHouse, Suite 202
361 -4253
CtHouse, Suite 202
361 -4252
CtHouse, Suite 202
361 -4250
CtHouse, Suite 202
361 -4251
The CCL1 Court Reporter, Laura Bailey, will continue to occupy her existing office space
located between the Collections Office and the 272nd Jury Room on the second floor of the
courthouse.
Vol.-1,31 -pg.- / %_ 4
September 20th, 2010 (Continued from previous page)
• County Court at Law No. 2 will relocate its entire operation to and operate from office
numbers 273 -277 in the North Wing of the Brazos County Administration Building. The
affected individuals' (and phones) new office designations are:
Jim Locke, Judge Admin, Suite 277 361 -4262
Kara Sustayta, Secretary Admin, Suite 276 361.4260
Sharon Rose, Ct. Coordinator Admin, Suite 276 361 -4261
Brad Scott, Bailiff Admin, Suite 273 361 -4563
Sharon Scully Admin, Suite 273 361 -4264
Courtroom Bench Phone Admin, Suite 274 361 -4263
• The District Attorney's Offices currently located along the north curtain wall on the 3d
floor will relocate to and operate from office numbers 271, 278 -281, and 283 -284 in the
North Wing of the Brazos County Admin Building. The affected individuals' (and phones)
are:
Bill Turner, District Attorney
Admin, Suite 278
361 -4339
Olga Martinez, Receptionist
Admin, Suite 271
361 -4320
Angela Lara, DA Secretary
Admin Suite 280
361 -4336
Kristie Ponzio,
Admin, Suite 284
361 -4329
Ray Thomas, Juvenile Prosecutor
Admin, Suite 284
361 -4334
Krystal Wormly, Juv. Prosecutor
Admin, Suite 284
361 -4332
Brian Baker, Chief Prosecutor, 85'h
Admin, Suite 279
361 -4541
Kara Comte, Prosecutor, 85"
Admin, Suite 279
361 -4326
Vernique Hutchinson, Prosecutor, 85'h
Admin, Suite 279
361 -4386
Carrie Allen, Secretary, 85'h
Admin, Suite 279
361 -4328
Jarvis Parsons, Chief Prosecutor, 272nd
Admin, Suite 281
361 -4325
Jessica Escue, Prosecutor, 272nd
Admin, Suite 281
361 -4332
Kevin Capps, Prosecutor, 27e
Admin, Suite 281
361 -4378
Victoria Chavez, Secretary, 272nd
Admin, Suite 281
361 -4366
Doug Howell, Chief Prosecutor, 361`
Admin, Suite 283
361.4330
4
Vol. 137 Pg. I o S
September 20th, 2010 (Continued from previous page)
Cory Crenshaw, Prosecutor, 361"
Misty Swan, Prosecutor, 3616'
Angelica Mona, Secretary, 361"
Admin, Suite 283 361 -4363
Admin, Suite 283 361 -4319
Admin, Suite 283 361 -4335
Commencing on November 4"', 2010, temporary walls will be constructed 5 feet inside the east curtain
wall of the courthouse on the 2nd & 3rd floor. This directly affects the operations of the District Clerk's
Office on the 2nd floor and the District Attorneys Office on the 3rd floor. By this time, the offices of
County Court at Law No. 2, which would be affected, will have already been relocated to the Admin
Building. To accommodate the construction schedule, the following relocations will occur on the dates
indicated.
November 3b, 2010
• The District Clerk, Marc Hamlin, will relocate from his existing personal office to the
County Court at Law No. 2 Jury Room. The affected individuals' (and phones) are:
Marc Hamlin, District Clerk Ct House, Suite 214 361 -4228
• The offices in the District Attorney's area located on the east wall of the courthouse
(Suites 313F, 313E, and 314F) will relocate to the interior offices now occupied by the
District Attorney investigators and the Victim/Witness Coordinators offices. The affected
individuals' (and phones) are:
Shane Phelps, 1 s' Asst. DA
Andrea James, Intake Prosecutor
Brian Price, Intake Prosecutor
Ct House, Suite 313C
361 -4338
Ct. House, Suite 3136
361 -4333
Ct. House, Suite 313A
361 -4321
The Grand Juries will continue to meet in the Grand Jury Room on the 3� Floor of the
Courthouse so long as construction noise is tolerable. Should construction noise become
disruptive to Grand Jury meetings, the Grand Jury can relocate its meetings to the County
Judge's Budget Hearings Room (Suite 339) in the Administration Building (Scheduling of
that room is through Irene Jett, County Budget Officer at 361 -4590)
V01. 137 Pg o �
A portion of the 1" floor spaces (that will ultimately be occupied by the Collections Office and Hot
Check Division) will be made temporarily available to the County Clerk for relocation beginning on
December 17, 2010. This temporary relocation is necessary to allow the contractors access to
the existing County Clerk's Offices for renovation.
December 17th, 2010 — December 23, , 2010
Commencing on December 17'", 2010, the County Clerk will vacate their existing offices
and occupy two separate spaces:
• The administrative clerks will occupy the newly remodeled spaces that will be
permanent for the Collections Office, and the Hot Check Division of the County
Attorney's Office.
The hardbound volumes of deed and other records will be relocated to the current
courtroom spaces for the County Courts at Law No. 1 & 2 on the second floor of
the courthouse, plus the newly floored area over the atrium area located between
the two courtrooms. Public access to the relocated books will be required
throughout the period of relocation. Accordingly, two clerks (and phones) will
relocate with the books to maintain public access to them. The affected
individuals' (and phones) will be determined by the County Clerk at a future time.
Completion of the renovations to the north wall of the courthouse is anticipated to be completed
and the temporary wall along the north side wall on the 2"d and 3rtl floors should be removed on
or before February 23, 2011.
February 24+a, 2011
• The District Attorney's Offices temporarily located in the Administration Building will
return to their original office spaces on the 3b Floor. Designation of individual
relocation spaces will be made at a future time.
Vol. L 3 Pg.___ -
Completion of the renovations to the east wall of the courthouse is anticipated to be completed
and the temporary wall along the east side wall on the 2nd and 3rd floors should be removed on or
before April 27h, 2011.
April 28+h, 2011
• The District Attorney's Offices temporarily located in Suites 313A, 3136, and
313C in the Courthouse will return to their original office spaces on the 3n' Floor.
Designation of individual relocation spaces will be made at a future time.
Substantial completion of the first floor renovations in Phased is anticipated to occur on June 2,
2011. This should enable the District Clerk and the County Attorney to permanently relocate their
offices to the first floor after that date. (The contractor's schedule established the County
Attorney's move as July 15, 2011 —July 215 2011, but there is no explanation apparent in his
schedule for delaying the move past June 3'd, 2011).
June 3,2011 —June 9, 2011
• The District Clerk permanently relocates from the existing offices on the second
floor of the courthouse to their new offices on the is floor of the courthouse.
Designation of individual relocation spaces will be made at a future time.
• The County Attorney permanently relocates from the existing offices on the third
floor of the courthouse to all their new offices, except the new Hot Check Division
offices which will continue to be temporarily occupied by the County Clerk.
Substantial completion of the first floor renovations to the County Clerk's permanent space on the
1" floor should occur by August 3r°, 2011. This should enable most relocated offices to return to
their spaces beginning on August 4, 2011
August 4, 2011— August 10, 2011
• The County Clerk will vacate the County Courts at Law 1 & 2 courtroom spaces
and relocate the deed & other records to their permanent offices on the 1s' floor of
the courthouse.
• The County Clerk will vacate the offices temporarily occupied (new Collections
Office space and new Hot Check Division space)on the I' floor and relocate to
their permanent offices on the 1'' floor of the courthouse.
7
Vol. 132 Pg. 10 $
• The County Court at Law No.1 and County Court at Law No. 2 will return to
and resume regular operations their offices and courtroom
Upon relocation of the County Clerk, the new Collections Office and Hot Check Division office spaces
will have to been completed into final plan form. Dates for these final renovations of this space are not
currently identifiable in the contractors schedule dated August 11, 2010. Upon completion of that final
work the following offices can relocate:
Unidentified date afterAugust 10, 2091
• The Collections Office will permanently relocate their offices from the second
floor to the new spaces on the 15' Floor.
• The County Attorney's Hot Check Division will expand from its location into its
new office.
Substantial completion of the second floor renovations should occur by December 13, 2011,
December 140, 2011
• The County Magistrate will permanently relocate their offices from the second
floor to the new Magistrate's Courtroom on the second floor (formerly occupied by
the District Clerk).
Substantial completion of the third floor renovations should occur by January 18, 2012.
January 19th, 2012
• The Intake Division of the District Attorney's Office will permanently relocate
their offices from the third floor to their new offices on the third floor (formerly
occupied by the County Attorney).
The Grand Jury will begin meeting in the new Grand Jury Room on the third floor
(located in the area formerly occupied by the County Attorney)
voi. 13 7 pg. 70 2
The Sheriff will provide supervised jail inmate work crews as requested to move furniture, office
equipment, files & other documents for affected departments on the dates indicated in this plan.
• Confirmation of work crew scheduling ran be made by telephone call to Lt. David
Drosche at 361 -4846.
Carlos Guitron will provide telephone relocation services to each department on the dates
indicated in this plan.
The Information Technology Department will provide computer relocation services to each
affected department on the dates indicated in this plan.
The Purchasing Office will coordinate the delivery dates for any new furniture, furnishings &
equipment authorized for purchase by the Commissioners Court according the dates indicated in
this plan.
Vol. ) 37 pg. //a
421
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 24, 2010
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
Ag Extension Hammer, Kara Resignation
County Attorney
JP 2 -2
Road & Bridge
SO — Jail
Approved in Commissioners' Court: Au-(
County Judge's or Commissioner's Sigr
(This Copy to be attached to minutes)
Vol
Patke, Haley
Gonzalez, Melissa
May, Terry
Dennis, Nathan
New Hire
New Hire
Resignation
Transfer Win Dept.