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HomeMy WebLinkAbout2010-08-31-2010-REGULARI BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 31, 2010 AT 9:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Judge Sims. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 28: 3. Contract with 4M Granbury Youth Services Inc for secure short-term detention services: term of agreement is 9/01/2010 through 8/31/2011. 4. Contract with 4M Granbury Youth Serivices Inc for secure long -term residential services: term of agreement is 9/01/2010 through 8/31/2011./ 5. Contract with Kroger TX L P to serve as a Brazos County Tax Assessor - Collector substation for the issuance of motor vehicle license validation stickers. 6. Award of Bid # 2010-30, Folding Walls at the Exposition Center, and approval of the contract with Rol 7. Capital Manual Requisition in the amount of $83,169.00 to Rob Pelletier Construction. Inc. for folding walls at the Exposition Center. 8. Capital Manual Requisitionin the amount of $49,500.00 to Mendez Fencing for the purchase and installation of fencing around arena number two at the Exposition Center. 9. Requisition 00030432 in the amount of $1000.00 to Lonnie E Hare Accessiblity Specialist for the ADA inspection of the Courthouse Renovations. 10. Requisition 00030431 in the amount of $1000.00 to Lonnie E Hare Accessiblity Specialist for the ADA inspection on the Expo expansion 11. Acceptance of a Special Warranty Deed from Lucy Couger for improvements to Matt Wright Road Vol. 13-7 Pg. a'u located in Precinct 1. 12. Acceptance of a Temporary Construction Easement from Lucy Couger for improvements to Matt Wright Road located in Precinct 1. 13. Final Plat of West 28th Addition 1.07 acres Stephen F Austin League No 9 A -62 in The City of Bryan Extraterritorial Jurisdiction Brazos County Texas. Site is located in Precinct 4. 14. 15. 16. Acceptance of K &W Utilities cost estimate of $7,000.00 to relocate approximately 960 ft. of 3 inch water line at the County's request to accommodate the Matt Wright Road improvements project. Site is located in Precinct 1. 17, Request from Bryan Texas Utilities to construct a road bore for a 2 inch PVC pipe in the right of way of Stousland Road to provide service to address number 5680. Site is located in Precinct 1. ifs 19. Request by Purchasing to cancel county credit cards for Benito Mendez in the Road and Bridge Department and approve a replacement county credit card for Anthony Bass. 20. Payment authorization in the amount of $323.63 to Pickups Plus for unauthorized but necessary work done on a Building Maintenance vehicle; a purchase order was not obtained in advance 21. Tax Refund Applications for the following: a. Jerod C Fenton b. Kimberly M & Christopher L Rutledge c. H K Odom, Jr (3) d. JDMI LLC 22. Budget Amendments. Budget Amendments 09/10 46.1 - 46.10 23. Capital Manual Requisition in the amount of $714.00 to Tractor Supply for the purchase of carts for the Brazos County Detention Center expansion. 24. Capital Manual Requisition in the amount of $27,438.00 to Gov Connection for the purchase of six (6) polvcom systems for the Brazos County Detention Center expansion. 25. Personnel Change of Status. Personnel Action Forms 26. Payment of Claims. 27. Convene into Executive Session pursuant to 551.074 of the Texas Government Code to discuss Dersonnel matters pertaining to the Executive Director - Special Event Facilities. 26. Consider and possible action on the Executive Session. 29. Announcement of interest items and possible future agenda topics 30. Call for Citizen input and /or concerns. 31. Agency/ Board/ Committee reports by Court members. 32. Adjourn. Vol. 13'1 P9. l �r l 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 Consululion, 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 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. 13-7 Pg 1 3p- COMMISSIONERS' COURT REGULAR MEETING AUGUST 31, 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 31, 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. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Sheriff Chris Kirk a) There were 593 inmates in jail, 50 have electronic monitors and 49 are pending for monitors. b) The new jail will be opening next week. The open house is next Tuesday, September 6, 2010. County Judge Vol l 2 0 Page 1 3 3 Commissioners Court meeting August 31, 2010 2 a) Thanked the Sheriff and his staff and Wayne Dicky, Jail Administrator for their work /leadership on the new jail. Demetrios Basdekas, Citizen a) Expressed praise for the Road and Bridge Department staff on the bridge replaced on Old Reliance Road. It was a "timely reminder" at budget time and encouraging pay increases for employees. He then discussed driving safety for the new bridge. He asked the Court to consider a change in the speed limit sign from yellow /black that means cautionary to white /black that means mandatory. He has been told that the guard rails will be installed. He said the sooner the better because the bridge is open and being used. He went on to discuss the planting of red, white and blue flowers in the right -of -way on either side of the bridge and renaming Old Reliance Road, Red, White and Blue Road. The Court next considered a contract and agreement for secure short term residential service of juvenile offenders, space available with 4M Granbury Youth Services, Inc. dba Granbury Regional Juvenile Justice Center. The term of the agreement is for 12 months, commencing September 1, 2010 and ending August 31, 2011. The costs are $95 per day /per child. Psychiatric services will be provided as needed at a cost of $295 per exam and $100 for a follow up. 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 Court next considered a contract and agreement for Vol it V Page 13 � Commissioners Court meeting August 31, 2010 3 secure long term residential service of juvenile offenders space available with 4M Granbury Youth Services, Inc. dba Granbury Regional Juvenile Justice Center. The term of the agreement is for 12 months, ending August 31 2011. The a) $95 per day /per "Moderate" Level of b) $127 per day /per "Specialized" Leve commencing September 1, 2010 and costs are as follows: child admitted under Care child admitted under L 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 next matter before the Court was to consider a contract with Kroger TX, L.P. to serve as a Brazos County Tax Assessor - Collector substation or the issuance of motor vehicle license validation stickers. Commissioner Mallard asked Mrs. Kristy Roe, Tax Assessor /Collector for an update. She said that she hopes to have another contract with HEB soon and to have a possible 6 locations. She will be ordering equipment in November. 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 document. A copy is attached. Vol 13-7 Page l �5 Commissioners Court meeting August 31, 2010 4 The Court next considered awarding Bid #2010 -30, Folding Walls at the Exposition Center, and approval of the contract with Rob Pelletier Construction, Inc. for the folding walls and two (2) each of Alternate "A" in the amount of $83,169.00. The County Judge asked what Alternate "A" was. Commissioner Peters said it was two (2) walk through doors. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the bid to Rob Pelletier Construction, Inc. A copy is attached. The Court proceeded to consider a manual requisition in the amount of $83,169.00 to Rob Pelletier Construction, Inc. for folding walls at the Exposition Center. On motion by Commissioner Cauley seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The next matter for consideration was a capital manual requisition in the amount of $49,500.00 to Mendez Fencing for the purchase and installation of fencing around arena number two at the Exposition Center. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered requisition 00030432 in the amount of $1,000.00 to Lonnie E. Hare, Accessibility Vol L N Page 1-3-4 Commissioners Court meeting August 31, 2010 5 Specialist for the ADA inspection of the Courthouse Renovations. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered requisition 00030431 in the amount of $1,000.00 to Lonnie E. Hare, Accessibility Specialist for the ADA inspection of the Exposition Center Expansion. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered acceptance of a Special Warranty Deed for right -of -way on Matt Wright Road in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Lucy Couger for the expansion and improvements to Matt Wright Road. The Court next considered acceptance of a Temporary Construction Easement on Matt Wright Road in Precinct 1 to accommodate the operation and storage of construction equipment, materials and excavated earth necessary for DCP Midstream Pipeline Company to extend the vent pipe on their existing pipeline to accommodate county improvements to a Vol 133 Page l a-7 Commissioners Court meeting August 31, 2010 6 portion of the road. On motion by Commissioner Wassermann seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Temporary Construction Easement from Lucy Couger for the expansion and improvements to Matt Wright Road. The Court next considered approval of the Final Plat of West 28th Addition, 1.07 Acres in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of the West 28th Addition, 1.07 Acres in Precinct 4 as submitted. The next matter before the Court was to consider acceptance of North Country Estates Phase Thirteen into the Brazos County road maintenance system. A portion of Blazing Trail and the drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. The site is located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept North Country Estates Phase Thirteen into the Brazos County road maintenance system. The Court next considered the request from Wickson Creek Special Utility District to construct a 45 foot road bore for Vol 1 '% Page 13-0' Commissioners Court meeting August 31, 2010 7 water line installations in the right -of -way of Hardy Weedon Road. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of K &W Utilities cost estimate of $7,000.00 for relocation of approximately 960 feet of 3 inch water line to accommodate the Matt Wright Road improvement in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept K &W Utilities cost estimate of $7,000.00 for relocation of approximately 960 feet of 3 inch water line to accommodate the Matt Wright Road improvement in Precinct 1. The next matter before the Court was a request from Bryan Texas Utilities to construct a road bore for a 2 inch PVC pipe in the right -of -way of Stousland Road to provide service to address number 5680. The site is in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. A copy is attached. Vol L r�,j Page 13-9 Commissioners Court meeting August 31, 2010 8 The Court proceeded to consider acceptance of DCP Midstream's cost estimate of $17,250.00 to extend the casing vent of an existing 8 inch high pressure gas pipeline to accommodate Matt Wright Road improvements project in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the cost estimate of $17,250.00 to extend the casing vent of an existing 8 inch high pressure gas pipeline to accommodate Matt Wright Road improvements. The Court next considered a request by the Purchasing department to cancel the county credit cards for Benito Mendez in the Road and Bridge Department and approve a replacement county credit card for Anthony Bass. On motion by Commissioner - Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was to consider a payment authorization in the amount of $323.62 to Pickups Plus for unauthorized but necessary work done on a Building Maintenance vehicle. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. Vol 1 �O Page 146 Commissioners Court meeting August 31, 2010 9 The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Jerod C. Fenton, over payment $79.10 b. Kimberly M. & Christopher L. Rutledge, over payment $23.39 c. H. K. Odom Jr., (3) over payment $502.66, $246.62, $199.16 d. JDMI LLC, over payment $36.64 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered Budget Amendment #09/10 -46.1 through 46.10 that would reallocate funds for the District Clerk, Capital Improvement Fund (2), Jail Expansion 2007 (3), Information Technology Department, 3615t District Court; set up budget for Technology /JCMS Grant; and transfer funds from Contingency to Constable, Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The next matter before the Court was consideration of a capital manual requisition in the amount of $714.00 to Tractor Supply for the purchase of carts for the Brazos County Detention Center Expansion. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously Vol 137 Page l q Commissioners Court meeting August 31, 2010 10 to approve the requisition. The Court next considered a capital manual requisition in the amount of $27,838.00 to Gov Connection for the purchase of six (6) polycom systems for the Brazos County Detention Center Expansion. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition and to include the corrected price of $27,838.00 rather than $27,438.00 as appears on the agenda. 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: 7078038 through 7078365 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next item on the agenda was convening into Executive Session. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this from the agenda. Vol 1 �-7 Page I4 L Commissioners Court meeting August 31, 2010 Then On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove item 28 from the agenda which is action on the Executive Session. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Wassermann a) Would like to suggest that we place the burn ban on the agenda for next week. Most surrounding counties have a burn ban in place. There was no citizen input and /or concerns. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) At the BVWACS meeting he heard that they are nearly finished putting antennas up around the area Commissioner Cauley a) The first Educational Fair was held last Saturday. It was a great success. There were over 31 participants representing the Brazos Valley. There being no further business to come before the Court, the meeting was adjourned. Vol I 'Y? Page 145. The foregoing minutes of the Commissioners Court meeting held August 31, 2010 have been examined and are approved in open Court this the day of 2010, in Bryan, Lloyd Tassermann Commissioner, Precinct 1 L Duane Peters Kenny Malla d Commissioner, Precinct 2 Commissioner, Precinc 3 Attest: �/f� C� / , aren McQueen County Clerk Vol l �? Page 11 44 COMMISSIONERS COURT MEETING A/o Name Cal Organization /Department 50 AA s ri C 1`�7,?9!1-�2-7 7� z�ff WAR : COMMISSIONERS COURT MEETING Name Organ ization /Department Vol. 1 Al pg. I q'4? II '' ✓ice 7#-3 CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF HOOD 4M GRANBURY YOUTH SERVICES, INC dba GRANBURY REGIONAL JUVENILE JUSTICE CENTER Detention Services September 1, 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 Granbury Youth Services, Inc., dba Granbury Regional Juvenile Justice Center, a Texas for -profit corporation, licensed to provide child care services by the Texas Juvenile Probation Commission, and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre -trial and pre - dispositional status or in the post - dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at 1300 Crossland, Cranbury, Texas 76048. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 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. Vol. l M pg. 1 47 Granbury Regional Juvenile Center Detention Services Agreement September 1, 2010— August 31, 2010 B. If emergency examination, EMS treatment, health care treatment and /or hospitalization outside the Facility ( "Outside Treatment ") is required for a child placed in the Facility, the Administrator of the facility is authorized to secure the Outside Treatment at the expense of the 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 Services officials of Outside Treatment within twenty -four (24) hours of its occurrence. C. Children from Brazos County who are alleged to have engaged in delinquent conduct, indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released with forty -eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re- admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. If a child is accepted by the Facility from Brazos County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical conduct would or n- ght endanger the other occupants of the Facility, then the Administrator shall notify the Probation Department of Brazos County of this determination. The child shall immediately be removed from the Facility. It will be the responsibility of Brazos County to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre - adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Brazos County, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of the new Order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that should a child in pre - adjudication care not be removed as described above in paragraph (G), by 12:00 o'clock noon of the tenth (10) working day of an initial detention period, fifteenth working day if it is not, and a new Order authorizing continued detention has not been received at the Facility, an employee of Service Provider shall deliver the child to the Juvenile Court of the placing Vol. 131 Pg. 1 Y? Granbury Regional Juvenile Center Detention Services Agreement September 1, 2010 — August 31, 2010 Brazos County for which there will be an additional charge of .54(fifty -four) cents per mile. 1. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Brazos County pursuant to: (a) paragraph E of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile Court of the placing Brazos County. J. Service Provider shall be in compliance with all Standards and requirements of the Texas Juvenile Probation Commission and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for the client, including awake staff during sleeping hours in a Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile Probation Commission. Facility personnel administering the MAYSI -2 shall be properly trained, 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 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 $295 per exam. Follow -up evaluations will be paid by Juvenile Probation at the rate of 100 per exam. 4.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Vol. P9 l y l Granbury Regional Juvenile Center Detention Services Agreement September I, 2010- August 31, 2010 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 Probation's 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. Vol. � 4 pg. 150 Granbury Regional Juvenile Center Detention Services Agmement September 1, 2010 - August 31, 2010 ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. 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 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Hood County Sheriff's Office); B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to Vol. l s Pg. Granbury Regional Juvenile Center Detention Services Agreement September I, 2010— August 31, 2010 facsimile number 1- 512424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1 -877- 786 -7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department. ARTICLE IX DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay- off or termination, rates of pay or other forms of compensation and selection for training, Vol. 13-1 pg. �5alk Granbury Regional Juvenile Center Detention services Agmemenl September 1, 2010 — August 31, 2010 including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non - discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XII DEFAULT, SANCTIONS, PENALTIES FOR BREACH OF CONTRACT 12.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of 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. E. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notice required in this Agreement shall be deemed to have been received when actually receive. Vol. l'),q pg. 15 3 4M Granbury Youth Services, Inc. 1300 Crossland Road Granbury, Texas 76048 Granbury Regional Juvenile Center Detention Services Agreement September 1, 2010 — August 31, 2010 Brazos County 1904 W SH21 Bryan, Texas 77803 -1217 F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIII TERMINATION 13.01 The tern 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 XIV INDEMNIFICATION 14.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, cots, 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. 8 le Cranbury Regional Juvenile Center Detention Services Agreement September 1, 2010 - August 31, 2010 ARTICLE XV REPRESENTATIONS & WARRANTIES 15.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; 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 XVI TEXAS LAW TO APPLY 16.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hood County, Texas. ARTICLE XVII VENUE 17.01 Exclusive venue for any litigation arising from this Agreement shall be in Hood County, Texas. ARTICLE XVIII LEGAL CONSTRUCTION 18.01 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 XIX PRIOR AGREEMENTS SUPERSEDED 19.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. Vol. 13'7 pg. %65 Granberry Regional Juvenile Center Detention Services Agreement September I, 2010 — August 31, 2010 This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Brazos County for the children placed in the Facility 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 WI NES'� S WHEREOF, we hereunto affix our signature this �/� day of tst 20Z&. Brazos County Department 4M Granbury Youth Services, Inc.. Chief Juvenile Probation Officer Ted Cooley Facility Administratof 10 Vol. 1h7 Pg. 15(P 7#--q CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDENTIAL SERVICE OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF HOOD 4M GRANBURY YOUTH SERVICES, INC dba GRANBURY REGIONAL JUVENILE JUSTICE CENTER Residential Services Member 1, 2010 — August 31,201 This Agreement is entered into by and between Brazos County, at the request of and on behalf of the Brazos County Juvenile Probation Department and 4M Granbury Youth Services, Inc., dba Granbury Regional Juvenile Justice Center, a Texas for - profit corporation, licensed to provide child care services by the Texas Juvenile Probation Commission, and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider, and is located at 1300 Crossland, Granbury, Texas 76048. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 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 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. l5/ Vol. `�— Pg Granbury Regional 3uveniie Center Residential Services Agreement September I, 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. hi 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. I. Any and all medical /psychiatric treatment and medication required to meet the needs of the Vol. ! Y7 2 pg. 159 Granbury Regional Juvenile Center Residential services Agicement September 1, 2010 — August 31, 2011 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" Level of Care. The Levels of Care are defined by the Texas Juvenile Probation Commission. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant Vol. I �l-7 s pg. 1 5 q Granbury Regional Juvenile Center Residential Services Agreement September 1, 2010 — August 01, 2011 to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Substance Abuse Program is recognized as a Specialized Treatment program and is reimbursable as such. The cost is based on the facility. Payment is due within 30 days of receipt of billing. 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 295 per exam. Follow -up evaluations will be paid by Juvenile Probation at the rate of JU00 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 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. Vol. d 37 4 pg, 1 (9 Granbury Regional Juvenile Center Residential Services Agieement September 1, 2010 - August 31, 2011 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 Probations 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. 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. Granbury Regional Juvenile Center Residential Services Agreement September 1. 2010 - August 31. 2011 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees 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 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. Vol. '137 6 pg. I � Cranbury Regional Juvenile Center Residential services Agreement September 1, 2010— August 31, 2011 ARTICLE IX DUTY TO REPORT 9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Hood County 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 within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. von. PC I (a 3 Granbury Regional juvenile Center Residential Services Agreement September 1, 2010— August 31, 2011 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. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. Vol. 4 33 $ pg. 1(.04 Granbury Regional Juvenile Center Residential Services Agreement September 1, 2010 - August 31, 2011 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 Granbury Youth Services, Inc. Brazos County 1300 Crossland 1904 W SH 21 Granbury, Texas 76048 Bryan, Texas 77803 -1217 F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If 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 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. I t0� ,1. 137 9 Pg. Granbury Regional Juvenile Center Residential services Agreement September I, 2010 — August 31, 2011 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, cost 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 Counties or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County 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. Vol. 1--7` 10 Pg. 1 (o � Granbury Regional Juvenile Center Residential services Agreement September 1, 2010 — August 31, 2011 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 Hood County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Hood 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. 11 von. 137 11 1 c� Cranbury Regional Juvenile Center Residential Services Agreement September 1, 2010 — August 31, 2011 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. (,l/` IN WITNESS WHEREOF, we hereunto affix our signature this day of ��U+ 20-(-�). Brazos County P ation Depar ent Chief Juven' . Probation Officer 4M Granbury Youth Services, Inc. Ted Cooley Facility Administrator voi. 12 Pg I Le g �� STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY TAX ASSESSOR- COLLECTOR SUBSTATION CONTRACT THIS AGREEMENT is entered on this 13_1�day of 2010 ( "Effective Date') by and between the County of Brazos, a duly and lawfully organized county of the State of Texas, hereinafter referred to as the County, on behalf of the Brazos County Tax Assessor - Collector and ___KjCt LM __E- _____, referred to as Distributor. Whereas, public convenience will be furthered by authorizing the Distributor to act as an agent of the Tax Assessor - Collector in the issuance of motor vehicle license validation stickers, hereinafter referred to as stickers, the Distributor agrees to allow its place(s) of business listed on Exhibit "A" attached hereto, hereinafter referred to as location(s), to be used as a substation of the Brazos County Tax Assessor - Collector's office for the issuance of stickers. It is, therefore, agreed as follows; The County agrees to lease to the Distributor the Remote Sticker Printing System (RSPS) for motor vehicle registration for an annual fee of $600.00. Subject to approval by the State, said fee will be waived when Distributor obtains an annual minimum of 1,000 registrations. Billing will occur annually in August. Annual lease cost for equipment is subject to change annually pursuant to cost changes assessed to County by the State. Distributor will be given at least 30 days advance notice of a proposed change in lease. 2. in the event the equipment leased from County to Distributor pursuant to this agreement is stolen, lost, damaged, vandalized, destroyed or rendered inoperable, whether intentional or not, Distributor agrees to reimburse County for the replacement or repair of such equipment. The repair cost shall be determined by the equipment service vendor under contract to the Texas Department of Motor Vehicles to provide maintenance service for the equipment. The Distributor's payment for repair or replacement costs for damaged or lost equipment, or service cost resulting from same shall be remitted to County by Distributor within seven (7) days of written request by County. 92725v2 V0 1. _ � pg. I q 3. The parties agree that the Distributor may, in accordance with Texas Transportation Code, section 502.113 (b), collect from each customer a per transaction fee of up to one dollar ($1.00) for each transaction processed and properly reported under terms of this Agreement. Said fee is the only compensation Distributor will receive pursuant to this Agreement. 4. County shall supply the Distributor with equipment, numbered and secured forms and supplies as needed for issuance. Under no circumstance will Distributor keep said equipment and supplies at any location other than the location to which said equipment and supplies are assigned. 5. Distributor will provide weekly reports to the Tax Assessor - Collector on forms to be provided by the Tax Assessor - Collector. Said reports will include information as the Tax Assessor - Collector shall from time to time reasonably require; along with full payment for motor vehicle license fees collected for each registration. 6. Distributor shall designate one management employee per location to be designated as the liaison ( "Designated Liaison ") between the Distributor and the Tax Assessor - Collector. It will be the responsibility of the Designated Liaison to personally approve all individuals who will receive supplies and /or issue registrations under the deputation. It is the further responsibility of the Designated Liaison to notify the Tax Assessor - Collector of each such individual's identity before permitting contact with registrations under the Distributor's deputation. The Designated Liaison will take an oath of deputation on behalf of the Distributor to be given by the Tax Assessor - Collector. Prior to deputation, the Tax Assessor - Collector shall provide any training deemed necessary for the Designated Liaison and the individuals approved and known by the Tax Assessor - Collector. 7. Distributor agrees, at Distributor's cost, to provide a bond payable to the Brazos County Tax Assessor - Collector in the amount of $15,000.00 Dollars per Distributor location of service listed in Exhibit "A ". The amount of the bond will be no less than the sum of 1) the value of the equipment leased ($S,000.00), plus 2) the value of the inventory issued by County to Distributor. 8. County agrees not to furnish any supplies for the account of the Distributor other than the Designated Liaison or individuals that are on the approved list submitted to the Tax Assessor - Collector by the Designated Liaison as described in paragraph 6. The Designated Liaison or other approved individual will inventory supplies prior to accepting delivery. Distributor 92725v2 Vol._ -- a7 ___- Pg. .--- -- assumes full liability for the safekeeping of all supplies furnished by the Tax Assessor - Collector pursuant to this agreement. 9. Distributor agrees to sell registrations only to persons presenting the renewal notice issued by the State of Texas, Department of Motor Vehicle Title and Registration and valid insurance and only to make such sales on validations due in the prior, current and succeeding month (e.g.: during March, only stickers for the months of February, March and April). Additionally, Brazos County Tax Assessor/ Collector may perform inventory counts at any time a representative is on location at Distributor's place(s) of business listed on Exhibit "A" attached hereto, providing services. Said inventory counts shall not be performed in an intrusive manner that would prove to be disruptive of Distributor's business processes. 10. Distributor may accept individual checks in payment of fees for the issuance of registrations, provided that checks are made payable to Distributor, that each check bears such information as may be required by Distributor, and provided further, that Distributor assumes full responsibility for collection of all such checks. Distributor shall issue its own check to the Tax Assessor - Collector representing those checks and cash received by Distributor during the previous week. Failure by Distributor to pay Tax Assessor - Collector within seven (7) days the sums owned for registrations, whether in the form of cash or Distributor's check payable to Tax Assessor - Collector shall be grounds for the suspension of this Agreement and the Tax Assessor - Collector shall not issue additional inventory until all sums owed are paid. 11. Distributor shall prepare and have ready on forms provided by the Tax Assessor - Collector each week before 3:00 PM on Monday, a report of the activities of the previous week, and will mail by postage prepaid, certified mail, return receipt requested, or deliver to an employee of the Tax Assessor - Collector, or agent, the report for the previous week's activities along with a check or money order for the correct amount due for such sales. Said check or money order shall not include the one dollar ($1.00) fee Distributor charges and collects for providing services of issuance of motor vehicle license registrations. 12. Distributor agrees to use the inventory in numerical sequence and to return all void forms and reports to the Tax Assessor - Collector in a timely fashion. 13. Distributor is subject to audit by the Brazos County Tax Assessor - Collector, Brazos County Auditor, the Texas Department of Motor Vehicles, or any Certified Public Accountant designated by any one or more of the same, at 92725v2 I � I Vol. 131 Pg. any time during normal business hours of the Distributor and at the place of business of the Distributor designated and at a place mutually agreed upon. Additionally, Brazos County Tax Assessor /Collector may perform inventory counts at any time a representative is on location at Distributor's place(s) of business listed on Exhibit "A" attached hereto, providing services. Said inventory counts will be performed in as reasonable a manner so as to not disrupt Distributor's business processes. 14. Distributor hereby agrees to indemnify and hold harmless Brazos County and the Brazos County Tax Assessor - Collector from and against any loss, including claims, demands and causes of action and which loss, claim, demand or cause of action resulted from the negligent performance of Distributor or its agents, representatives or employees pursuant to the terms of this agreement. 15. This Agreement is entire as to all of the performance to be rendered under it. Breach of any material obligation to be performed by either party shall constitute a breach of the entire Agreement and shall give either party the right to immediately terminate this Agreement. 16. Distributor agrees to notify County of any change in the controlling ownership of Distributor or location of its places of business listed on the attached Exhibit "A" and of any change in the Designated Liaison, as discussed in Paragraph 6, within 14 calendar days of such change. Notice will be provided pursuant to Paragraph 18 of this agreement. Any such change in controlling ownership, location or personnel automatically terminates this agreement with respect to that location or personnel and necessitates a new Agreement with the new owner of the controlling interest, as well as an audit of equipment, supplies and materials on hand. 17. Either party hereto may voluntarily terminate this Agreement at any time upon thirty (30) days prior written notice to the other party sent as provided in Section 18 hereof. Within seven (7) days after the date of termination, the Distributor shall return to County all outstanding inventory, together with equipment, supplies, and payment of motor vehicle fees due and a final report as provided for in Section 5 hereof. Distributor will forfeit any portion of the annual lease fee that remains. 18. Notice given pursuant to this Agreement shall be in writing and shall be given by United States certified or registered mail, postage prepaid, addressed to the appropriate party as set forth below: 92725v2 Imo- �g• I '% COUNTY Kristeen Roe, Brazos County Tax Assessor - Collector 300 E Wm J Bryan Pkwy Bryan, TX 77803 DISTRIBUTOR ----------- -- c2ktc�__Lten£--- ------------- Fax �t3 �E4Z.-G�OO With a copy (if needed) to: _ls -dE— —i`'4u vt% Tf�41S_�J�BK.33Z ------ - - - - -- ------------------------------------- Fax: I / ^ 'sw The person and address to which notices are to be given may be changed at any time upon written notice to the other party. 19. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for one year from the date of the Agreement. This Agreement will automatically renew for one year terms thereafter unless terminated by either party upon thirty (30) days prior written notice to the other party in accordance with paragraph 18. 20. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 21. Neither party shall assign its rights, nor delegate its duties under this agreement without prior written consent of the other party. Such unauthorized assignment and /or delegation shall, at the option of the non - assigning and /or non - delegating party be a material breach for which the non - assigning and /or non - delegating party may void this Agreement. 22. The provisions of the Agreement are not intended to create, nor shall they be in any way construed to create, ajolnt venture, a partnership, or any other similar relationship between the parties. The Distributor acknowledges that it is an independent contractor and that it will be acting as an independent contractor in performing its obligations under this Agreement. 92725v2 13� P � 3 Vol_ i g. l 23. This Agreement shall supersede any and all other agreements for services specified hereunder, whether oral or written, for any and all locations listed on Exhibit "A ". 24.This Agreement shall not be amended or modified, except in writing signed by authorized representatives of the Distributor, County, and the Tax Assessor - Collector. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. County of Brazos County State of Texas Distributor: - ____ -- - L-I- By -- � --- - --------- -- - --- �O By: ----- Randy Sim ___//��"" �__��_�NsS?�__, County dge _____t xtac���_�LUJ1 r' Tax Assessor - Collector Kristeen Roe, RTA, CTA Brazos County 92725v2 I � 1 vol. 137 Pg. Exhibit "A" STORE TELEONE PHBER FAX UNIT DIRECTOR/ STORE NUMBER ADDRESS NUM NUMBER MGR 979 -485 -8772 3535 Longmire Drive 979 -485 -8773 485 -8843 Wayne Tomlinson College Station, TX 77840 979 -485 -8803 2303 Boonville Rd. Larry Medearis F383 Bryan, TX 77808 979'774 -8366 774 -8363 Unit Director 2412 Texas Ave. 979- 693 -9974 @ Southwest Pkwy. 696 -0413 Aaron Calvert 979 -693 -9975 College Station, TX 77840 92725v2 Vol. 137 pg. 1 �5 C, rD ? a n m n a T v a cl w N J a 0 w 3 lD d a C O 0 0 3 W 0 w � 3 00 ry AIN l0 n O N A a W D �, g O A A � a N v O 0 (D O c m o a 0 P (D < C, rD ? a n m n a T v a cl w N J a 0 w 3 lD N J M aK N � � r v O- O VJi O O l�0 m d a C O 0 0 3 W N w � rf 00 ry AIN l0 m O A Oo W O �, W O A A T n O N O O to (D O c o o O 0 0 0 0 OC D sn v� �n in m N N N N M O O O o tWn O � O rO 0 0 0 0 N O O J N N N N N N N v j J N N IIi N � h � N J M aK N � � r v O- O VJi O O l�0 m d a C 0 0 3 � rf J Vol. 31 pg l 7 ( BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bride NUMBER 56001000 DATE OF COURT MEETING: August 31, 2010 ITEM: Request from Wickson Creek Special Utilily District to construct a 45 ft. road bore for waterline installation(s) across the right -of -way of Hardy Weedon Road (to provide service to address number 6800). Site is located in Precinct 3. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If cleating of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 900A standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hiehways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES /EXCEPTIONS: S7F. - D BY: Rlchard an County Engineer CC2010 -061 This Request is Date: Randy Sim, KCounty Judge APPROVED BY: Commissioner K Male Precinct 3 Commissioners' Court Vol. 451 Pg. (.1 7 #l,f REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within_ across x the right -of -way of (road) HARDY WSEDON ROAD in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the3l day of AUGUST , 2010 . Qrcf.. 9-d3 - ir% APPROVED BY COMMISSIONERS' COURT ON: Date Randy Sim/ ounty Judge Firm: Wick Creek Special Utility District By: Title: General General Manager Address: B. 0. Box 4756 Bryan, Texas 77805 Phone: 979 -589 -3030 �i P Vol. g• 1-7 8 (?e ZO/O -,o (, / \ / 5 e [ m )A D uFL DiDm f / @ � {{ . ƒ (ƒ {/ / / 9 / ®ate _\ ( ±© r $ 2 f7 /g \(\ , \ / 5 e [ m )A D uFL DiDm f / @ � {{ . ƒ e $ _\ ( h m» � Vol. 1137 p. 1-79 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: August 31, 2010 ITEM: Request from Bryan Texas Utilities to construct a road bore for a 2 inch PVC pine casing in the right of way of Stousland Road to provide service (to address number 5680) Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: 1) No work will be permitted between front slope and /or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hiehways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: Richard F. Vance, P.E. County Engineer CC2010 -060 This Request is Date: & Randy SinplCounty Judge APPROVED BY: % kV64g - Commis oner Lloyd Wassermann Precinct 1 by Commissioners' Court V o l . 1 ! 37 pg. I S O REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal noticg Is hereby given that (applicant) Bryan Tema Utilities proposes to plate a (type) VWVC within _ aerossX the right-of-way of (road) Stoustand in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by -!-copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 1 All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engine @r; 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way; 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29,1989; 6. The line or lines will be constructed no less then twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (Y) below the center of the roadway; 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 10 day of Septembe, 20 1 . APPROVED BY t aeuao8 Firm: Bryan Texas Utilities By: Christian Pope Title: Line Designer Address: 205 east 28th st Bryan Tx 77803 Phone: 979 - 8215769 COURT: Q �G- 4Sim, 1 y Judge xas Vol. 137 .L Pg. t B r ceZoio -C ••o 0 o o ° n LO U 30 O U v i- Q 6l tD > In 'o N N z tiN wQ �aa3 a z<v co z< ��am � Wm o 0 M � mmo rn O ') r n w O (� 3 w �oMw p g O O rn X¢ ao z 0OO N Z� N °� N C, o z w w7 N mwM W M K F U w z F �- m VI w N d O N w ° M R. 3 Z W x Z p 0 dd O o z N N N j �F e N Z O � _ rn �� O m0 `'•.:' `� En m a w � G w 0 w w � F- � 1 1 C) N 1 Vol. (� pg.— l —� � o O n V) O � O �O N O N a0 O n a OI V) O KEY g � BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Brifte NUMBER 56001000 DATE OF COURT MEETING: August 31, 2010 ITEM: Request from Bryan Texas Utilities to construct a road bore for a 2 inch PVC pipe casing in the right of way of Stousland Road to provide service (to address number 5680). Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: REOUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. IFno utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc, from county right-of-way. 4) Ditch line shall l be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highway„ published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: Richard F. Vance, P.E.F. Vance, P.E. County Engineer CC2010 -060 This Request is Date: & Randy Simys!County Judge APPROVED BY: Commis 'oner Lloyd Wassermann Precinct I by Commissioners' Court Vol. L 37 Pg. t $ 3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal aotic; is hereby given that (applicant) Bryan Texas Utilities proposes to place a (type) VC within _ aerossX the right -of -way of (road) Stousland in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by _L copies of the drawings attached to this notice. I understand and,agree that: L The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designaied inspector, may inspect the actual installation; ^„• 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer; 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of- -way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way; 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29,1989; 6. The line or lines will be constructed no less then twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway; 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 10 day of Septembe, 20 1 . APPROVED BYpCOMMISSIONERS' COURT: Date V 3 Randy Sims, unty Judge Brazos C ty, Texas IOIO /ZOOS Firm: Bryan Texas UOlities By: Christian Pope Title: Lino Designer Address: 205 east 28th st Bryan Tx 77803 Phone: 979 - 821 -5769 Are. ,r Vol. 131 pg. 10- A" p j t •.a c eyoio -cxn Vol. 131 pg. 185 I N M 7 O O N W C 'O N O N O O O O O E 0 o n O O N m > }N N N Z Q J p O aa3 J '� o °' 00 U J a X a Q O t n O p W WO N V I d N j W m O Z K W •t Z O m Vl M M M W O O O O M ~ w W O d' Vl W N m W ~ U O O > w ? fil W N N OJ d O N W M N 3 Z Z N Z O a❑ © © 3 K H 2¢ d a g O O O t o N Z N c � LO > Z a rn W 4 ZZ Q CY = o a Z) r O a U) / n ^� 5 O N N iJ N W w \. p fJ 2 'o O N < N �• J v o w Q O O Z a D O` QD rn U) N © wo _J F O p Lf) Z Q ry m f e Q s KEY Vol. 131 pg. 185 I N M 7 O O N W C 'O N O N O O O O O E BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 46.1 thru 46.10 On this the 31th day ofAugust 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 I C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 31 th August 2010 the Court heard and approved a budget amendment for the 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 31th day of August 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 0 Randy SiXs, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 1 237 Pg, 1 0 te- 100 1 20000100 1 67203000 1801 k- BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 46.1 8/31/2010 CR ITravel 1�7 �9 Vol. Pg• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 46.2 8/3112010 FUNDI DIV I ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80101007 CR Improvements - Detention Center AC 19 639.00 4500 63000500 65050000 DR Building Maintenance 19,639.00 Ca itat Im rovement Fund: Reallocation of funds to properly code the purchase of the air handling units to be replaced at the Juvenile Detention Center. Correction to budget amendment 27.1 Vol. 137 Pg ! 0 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 46.3 8/31/2010 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80101007 CR Improvements - Detention Center AC 8,157.00 4500 63000500 65050000 DR Buildin Maintenance 8,157.00 Capital Improvement Fund: Reallocation of funds to properly code the purchase of the software for air handling units to be replaced at the Juvenile Detention Center. Correction to bud et amendment 27.1. W V Vol. I 3 Pg 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 46.4 8/31/2010 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 3000 48046500 CR Grant TJPC State Aid 23,575.00 3000 312100 60500000 DR Office Equipment 800.00 3000 312100 67203000 DR Minor Computer Hardware 22,775.00 NAid Brazos County Grant Fund: TJPC - To set-up budget for'fechnolo / JCMS Grant. Amendment Number Seven Vol. 131 Pg. I l v to BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 46.5 CR L L Vol. Pg. _'__ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 46.6 8/31/2010 FUND DIV I ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Building - Sheriff Jail 27,838.00 4308 63430800 67281000 DR Equipment - Electronic 27,838.00 Jail Expansion 2007: Reallocation of funds to allow for the urchase of six 6 Pol corn- videos stems. 7 a Vol. 3 pg. 0100 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 46.7 Increase Vol. 13-7 Pg 195 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 46.8 8/31/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 2,500.00 0100 30201100 65350000 DR Gasoline 2,500.00 Constable Pct #2: Transfer of funds to cover the as line ex ense thru ear -end. Vol. 137 Pg. [ CI 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 46.9 8/31/2010 FUND DIV ACCT PROD DR1CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Building - Sheriff Jail 714.00 4308 63430800 60420000 DR Jail Su lies 714.00 Jail Expansion 2007: Reallocation of funds to allow for the urchase of six 6 Rea du carts and three (3 ) straps for carts. Vol. 137 pg. I�— to correct DR BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09f10 - 46.10 8/31/2010 ACCOUNT NAME Vol. 137 Pg. 1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 31, 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 County Attorney Foley, Brian New Hire District Clerk Biajeski, Nicole Thomason, Jessica Walleck, Stacy Williamson, Matthew Williamson, Tyler Younts, Frienda IT Krepps, Patrick SO — Jail Arrendondo, Guadelupe Baudoin, Micah Durham, Jonathan Hardin, Warren Swindle, Michael Approved in Commissioner's' Court: August 31 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 137 1 Transfer Win Dept. Transfer Win Dept. New Hire Resignation Resignation Transfer w /in Dept. New Hire Reinstated Employee Transfer w /iri Dept. Completed Internship New Hire Active Duty