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Home My WebLink About2011-04-19-4:00PM-REGULAR5 • a. Thomas Coleman Chief Deputy • b. Joe Mateika • a. Dennis Crain • b. James "Scott" Fraley • c. Ray Mireles • d. Gary Norton • e. Tony Piccolo • f. Harry Raisor BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA Approval for appointment of Non -Paid Deputy Constables for Pct. 3: 45 p rI( BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 19, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 15 AID-21 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones will lead the Invocation and Judge Peters will lead the Pledge of Allegiance. 2. Cali for Citizen input and /or concerns. Consider and take action on agenda items 3 - 22: 3 Appointment of Kristv Roe and Mark Carrabba to serve on The City of Bryan Economic Development Foundation, Inc. Term of appointment is 5 -12 -2011 through 5-12-2013.. 4 Appointment of Scott Armstrong to the Brazos County Emergency Services District #1. Mr. Armstrong is replacing Dr. Gary Potter. Approval for appointment of Paid Deputy Constables for Pct. 3: 6 7 8 9 10. 11. 12 • q. Wayne Thompson • h. John Wilkerson Approval of Proclamation 11 -017 proclaiming May 1, 2011 as Lemonade Day. Revision to Resolution 11 -007 to be submitted along with the County's application for an AIM Grant. Approval of an Exception Request for a certain medication for a specific employee. Approval of an Exception Request for a certain medication dosage for a specific employee. Approval of proposal and requisition to CSC Engineering not to exceed $3,000 for geotechnical study of the east side of the Courthouse ground for elevator Installation. Approval of a change order to purchase order # 11000181 to N -Line Traffic to add $2,625.00 for 3 months of additional barricades on the north side of the Courthouse on William J. Bryan. Total overall cost of the purchase order will be $8,750.00. Approval of the attached Contract renewal for Truck Scale Maintenace with Fairbanks Scales. 13 Approval of the attached service agreement with State Energy Conservation to provide an overall energy assessment for Brazos County. There will be no cost associated with this service. 14 Approve Contract with Gulf Winds Residential Treatment Center for residential treatment services. 15 Approve Service Agreement with Stericvcle. 16 Payment Authorization in the amount of $24,000 for Pharmacy Benefit Management Procurement Services provided by Transparent Systems, LLC. 17 Payment Authorization to Blinn College- Workforce Education of $9,000.00 for William Kristof and Patrick Montoya to attend the Basic Peace Officer Academy. A purchase order was not obtained in advance. 18. Budget Amendments. Budget Amendments FY10/11 27.1 - 27.2. 19. Approval of the attached manual capital requisition to Strokemaster, Inc. in the amount of $5 065.00 for the purchase of wind screen protectors for the Expo. 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22 Meet in Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public employee. 23. Announcement of interest items and possible future agenda topics. 24. Call for Citizen input and /or concerns. 25. Agency/ Board/ Committee reports by Court members. 26. Adjourn. Vol. t 4 5 Pg. 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 of the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. • The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. The 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. Vo l. H S Pg. --�- 0 File Stamped Agenda 4- 19.pdf 2. Call for Citizen input and /or concerns. There was no citizen's input. BRAZOS COUNTY BRYAN,TEXAS MINUTES April 19, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Sign in sheet 4- 19.pdf 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 4:00 p.m. on Tuesday, April 19, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones led the Invocation and Judge Peters led the Pledge of Allegiance. vot. t 45 Pg _ not Consider and take action on agenda items 3 - 22: 3. Appointment of Kristy Roe and Mark Carrabba to serve on The City of Bryan Economic Development Foundation, Inc. Term of appointment is 5 -12 -2011 through 5-12-2013.. 9 Item 3.pdf The agenda should read The Brazos County and City of Bryan Economic Development Foundation, Inc. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 4. Appointment of Scott Armstrong to the Brazos County Emergency Services District #1. Mr. Armstrong is replacing Dr. Gary Potter. 01 Item 4.odf Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 5. Approval for appointment of Paid Deputy Constables for Pct. 3:a. Thomas Coleman, Chief Deputyb. Joe MatejkaApproval for appointment of Non -Paid Deputy Constables for Pct. 3:a. Dennis Crainb. James "Scott" Fraleyc. Ray Mirelesd. Gary Nortone. Tony Piccolof. Harry Raisorg. Wayne Thompsonh. John Wilkerson {� �" Item 5.odf The following motion was made to approve the appointment of paid deputies. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . The following motion was made to approve the appointment of non -paid deputies. Subject to appointments being within the allotted number of deputies. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 6. Ap proval of Proclamation 11 -017 proclaiming May 1, 2011 as Lemonade Day. Item 6.odf Commissioner Mallard commented that this is a great program to get started here. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 7. Revision to Resolution 11 -007 to be submitted along with the County's application for an AIM Grant. L? Item 7.odf The resolution names Justice of the Peace, Precinct 2 Place 2, Tommy Munoz as the Official designated to apply for, reject, or alter the submission of a General Juvenile Justice and Delinquency Prevention Program grant application to the Criminal Justice Division of the Governor's Office. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Vol. i lk5 P 1ib Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 8. Ap proval of an Exception Request for a certain medication for a specific employee. Item 8.pdf Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 9. Approval of an Exception Request for a certain medication dosage for a specific employee. 0 Item 9.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 10. Approval of proposal and requisition to CSC Engineering not to exceed $3,000 for geotechnical study of the east side of the Courthouse ground for elevator installation. ! Item 10.0df Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 11. Approval of a change order to purchase order # 11000181 to N -Line Traffic to add $2,625.00 for 3 months of additional barricades on the north side of the Courthouse on William J. Bryan. Total overall cost of the purchase order will be $8,750.00. r!1 Item 11.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed, 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 12. Approval of the attached Contract renewal for Truck Scale Maintenace with Fairbanks Scales. 0 Item 12.pdf The agreement is in effect from April 20, 2011 through April 19, 2012 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 13. Approval of the attached service agreement with State Energy Conservation to provide an overall energy assessment for Brazos County. There will be no cost associated with this service. 0 Item 13.pdf The State Energy Conservation Office will work with Brazos County to identify energy cost savings potential. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 14. Approve Contract with Gulf Winds Residential Treatment Center for residential treatment services. Vol. I 45 Pg. 0 Item 14 a.pdf ? Item 14 b.pdf Cost of services are listed below: Basic Level - $42.18 per day /per child Moderate Level - $96.17 per day /per child Specialized Level - $138.25 per day /per child Intese Level - $242.85 per day /per child Emergency Shelter - $115.44 per day /per child Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 15. Approve Service Agreement with Stericycle. co Item 15.pdf This is for the safe disposal of regulated medical waste. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 16. Payment Authorization in the amount of $24,000 for Pharmacy Benefit Management Procurement Services provided by Transparent Systems, LLC. 1 Item 16.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 17. Payment Authorization to Blinn College- Workforce Education of $9,000.00 for William Kristof and Patrick Montoya to attend the Basic Peace Officer Academy. A purchase order was not obtained in advance. 0 Item 17.pdf Training was from August 2, 2010 to December 3, 2010 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 18. Budget Amendments. Budget Amendments FY10 /11 27.1 - 27.2. 0" Item 18.pdf 27.1 Reallocate funds for Group Insurance Fund 27.2 Reallcoate funds for Jail Expansion 2007 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 19. Approval of the attached manual capital requisition to Strokemaster, Inc. in the amount of $5,065.00 for the purchase of wind screen protectors for the Expo. 0 Item 19.pdf Vol. - Pg. a Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 20. Personnel Change of Status. Personnel Action Forms 9 Item 20 Of A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 21. Payment of Claims. 7085396 through 7085640 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . IJ Claims Sheet.pdf BILL LIST 4.19.11.pdf 22. Meet in Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public employee. After considering items 23, 24 and 25 of the agenda, the County Judge then considered item 22, the Executive Session. At 4:16 p.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss personnel matters as allowed under Section 551.0074 of the Texas Government Code. The following individuals were asked to stay: Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Ruth McLeod, Administrative Assistant Jennifer Salazar, Human Resources Director Bill Jeanes, Risk Manager At 4:33 p.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 23. Announcement of interest items and possible future agenda topics. The County Judge skipped Item #22 and proceeded to consider Announcements. Charles Wendt, Purchasing Agent, stated that he had an item for a future agenda. He wanted to discuss the bid for mowing. 24. Call for Citizen input and /or concerns. Sheriff Chris Kirk - there were 561 inmates in jail, 47 have electronic monitors and 59 are pending for monitors. vol. I *5 Pg. 1 83 25. Agency/ Board/ Committee reports by Court members. Commissioner Cauley invited the Court to attend a program in preparation of Duck Jam at the Arts Council today at 4:30 p.m. 26. Adjourn. Vol ( 5 P t g�f The foregoing minutes of the Commissioners Court meeting held April 19, 2011 have been examined and are approved in open Court this the 2 day of Bryan, Brazos County, Texas. Duane Peters County Judge my •:talena Commissioner, Precinct 2 I a au -y- Commissioner, P Attest: t 4 Karen McQueen County Clerk Vol I' 5 Page '[ 85 *7 ,2011, in Lloyd `Wassermann Commissioner, Precinct 1 Kenny Mall Commissione - , Precinct 3 Name A Organization / Department 9 I J II �� /�•I�� an 1 0 1 •-� .� i OA 4 tQt YTS 6 at — ()f 5t /fin,7-- OkattLi— , ie\A"--4- ti,6 „a0441-- V . ,/ , ) , :. I pom A ell A ./- BRAZOS COUNTY COMMISSIONERS COURT' Meeting on Vol. N5 pg. 11 6 , 2009 4i.,20 1L PAGE of Name Organization / Department DO VI 6 \leech TudtAii 1 e ',7-74-90.-z ,-,-, Kt , 4 iii)a 4) i 'a.ks _ .. , , i� ii &, donne,- dzxazc_ A,- kte 4 r Li . I l q t �, .4 G1Q J Meeting on BRAZOS COUNTY _ COMMISSIONERS COURT ,2O @ 4 r Og i c/Yt Vol. 146 p t g i PAGE Z ' 0 Z Lloyd!Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 PROCLAMATION Brazos County Commissioners Court Whereas Brazos County Commissioners Court supports its youth by embracing a new endeavor called Lemonade Day; and Whereas Lemonade Day is a nationwide event that teaches youth how to start, own and operate their own business; specifically, through these young entrepreneurs and caring adults partnering to learn, step by step, what it takes to be successful in business; and Whereas These entrepreneurs will learn how to set goals, plan for success, find an investor, select a site, advertise, build a lemonade stand, purchase supplies, make a product, run their business, do basic accounting, open a bank account and give something back to the less fortunate; and. Whereas Lemonade Day already has gained remarkable acceptance within local businesses, such as presenting sponsor FedStar Credit Union, schools, youth organizations, faith -based communities and neighborhoods; and Whereas Through Lemonade Day, participants of all ages in Brazos County are demonstrating to our youth that they are important and we care about their future. Now Therefore, I, Duane Peters, Brazos County Judge and the Brazos County Commissioners Court do hereby proclaim May 1, 2011 as: LEMONADE DAY Duane Peters, County Judge // V J mmy talena Comm' sioner, Precinct 2 _ S _ :R& I a Cauley — Commissioner, Precinct Vol. (`Es P In 8 Proc. 11 -017 REVISED RESOLUTION Resolution Authorizing the Submission of a General Juvenile Justice and Delinquency Prevention Program Grant Application WHEREAS The name of the project for which funding is being requested is the Brazos County Attendance Improvement Management (AIM) Truancy Intervention and Prevention Project; and WHEREAS The goals and objectives for the Brazos County Attendance Improvement Management (AIM) Truancy Intervention and Prevention Project include the following: 1) Decrease the number of truancy cases filed with the Court by providing AIM program services to chronically truant students and hosting one parent education class, per semester, that focuses on the definition of truancy, penalties, and ways to eliminate it. 2) Decrease antisocial behavior, pregnancies and substance abuse among students participating in the AIM program. 3) Build stronger family relationships and family situations and provide community resource information and referrals to the parents. 4) Improve school attendance of students participating in the AIM program; and WHEREAS In 2010 there were 514 cases of truancy brought before Judge Munoz, Justice of the Peace, Precinct 2, Place 2. The AIM program contract was approved in 2009 to enhance services by allowing for both monitoring and mentoring by AIM program staff. The AIM program partners with schools, law enforcement, juvenile justice, community based organizations and other agencies which recognize the link between truancy and students' future success. The Truancy Intervention and Prevention Program has been in place since 2007 and has had a significant impact on truancy in Brazos County;. and WHEREAS The requested funding of $20,000 will be utilized to continue the AIM program that is currently in place and expand it by contracting additional GPS monitors to serve middle school and high school students. - Brazos County Commissioners agree that in the event of loss or misuse of the Criminal Justice Division funds, the funds will be returned to the Criminal Justice Division in fully and WHEREAS Justice of the Peace Tommy Munoz has been active in this program and wishes to be named the Official designated to apply for, accept, reject, or altler the submission of a General Juvenile Justice and Delinquency Prevention Programs grant application to the Criminal Justice Division of the Governor's Office; NOW THEREFORE BE IT RESOLVED by the Commissioners Court of Brazos County, Texas that Judge Tommy Munoz shall be named the Official designated to apply for, reject, or alter the submission of a General Juvenile Justice and Delinquency Prevention Program grant application to the Criminal Justice Division of the Governor's Office. Resolved this 10 day of April, 2011 in Bryan, Brazos - County, Texas. fr C G.te4ti t-u n Comm fssionerLloyd Wassermann Precinct 1 Commissioner e y Mall Prec ct 3 Duane Peters, County Judge Vol. '45 - p _"'_ mmissi. er Sammy Catalena Precinct 2 Resolution 11-007 . c s � April 5, 2011 Mr. Richard Vance, P.E. County Engineer Brazos County Road & Bridge Department 2617 Highway 21 West Bryan, TX 77803 Through Patterson • Architects 701 South Texas Avenue Bryan, TX 77803 Engineering 8 Environmental Consultants, Inc Attention: Mr. Rick Ravey, AIA Re: Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Project Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Dear Mr. Ravey: CSC Engineering & Environmental Consultants, Inc. (CSC) is pleased to submit to Brazos County through Patterson Architects (PA) this proposal to perform a limited subsurface investigation and geotechnical study for the proposed elevator and chiller pad being planned as part of the Brazos County Courthouse Renovation Project in Bryan, Texas. This proposal was requested by Mr. Rick Ravey, AIA, in a meeting at the site of the courthouse on April 4, 2011. A brief description of project background information, proposed scope of services, and associated costs are presented for your consideration. I. Project Background and Understanding of Project Specific details concerning the project are somewhat limited at the present time. However, preliminary project information was provided in the previously noted meeting at the project location on April 4, 2011. We understand that an elevator and a chiller will be constructed as part of the current Brazos County Courthouse Renovation Project. The elevator will be located within an existing enclosed area that is situated within the courthouse building. The area is enclosed on all four (4) sides by retaining walls or by building walls but is open at the top. The only "utilities" known to be in the area is a floor drain and associated subsurface drainage piping. We understand that the elevator will be supported by a large mat or pad that will be founded approximately 2 to 4 feet below the surface of the existing concrete slab. The exact loading of the elevator structure is not available at the present time, but we believe that the loads will be very low. 3407 Tabor Road Bryan, Texas 77808 Vol. P g . � b Phone (979) 778 -2810 Fax (979) 778 -0820 Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson • Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 2 In addition, we understand that a chiller and other mechanical equipment will be located on the exterior of the courthouse near the southern corner of the building. The chiller and other equipment will be situated in an area with an existing outlying structure that will be demolished to accommodate the proposed equipment. Specific details concerning the chiller are not known at the time of this proposal, but we understand that the structure will be supported on a shallow pad foundation and will have very low ground contact pressures. Although it is not known conclusively, we believe that there are no utilities in the area of the proposed chiller and other equipment that might interfere with the planned geotechnical investigation program. II. Proposed Scope of Work Effort Geotechnical Field Exploration Program We propose to develop surface information at the location of the proposed elevator by drilling one (1) manually advanced boring in the enclosed "interior" area. Similarly, we propose to determine subsurface conditions on the exterior of the building in the area of the proposed chiller by drilling one (1) mechanically advanced boring. The positions of the borings in the field will be determined by the drilling crew with respect to established building or surface features at the site. The drilling crew will use a 100 -ft tape and will tum right angles to designated features, such as existing walls, columns, etc. It should be recognized that the degree of accuracy in locating the borings will be commensurate with the manual layout techniques utilized. The boring locations will be marked in the field with white paint on the concrete slab surface so that the positions of the borings can be defined as part of any subsequent topographic survey performed for the project. As previously mentioned, concrete slabs cover the areas of both boring locations. The existing concrete slabs will initially be cored with an electric powered drill utilizing a carbide steel tipped core barrel of 6 inches diameter. The concrete cores will provide information as to the thickness of the floor slab. The coring will also permit access to the underlying foundation soils at the boring locations. Due to the limited overhead clearance within the courthouse building at the proposed elevator location, it will not be possible for vehicle mounted rotary drilling equipment to access there area. Therefore, we propose to drill the interior boring using manual drilling techniques. The boring will be advanced using a manually operated 3 '/a -inch diameter auger. Disturbed soil samples will be obtained from the auger, and relatively undisturbed soil samples will be obtained by manually driving a thin wall tube sampler with a nominal diameter of 1.9 inches into the subsurface soils. Foundation soil samples will be obtained to a depth extending to approximately 12 feet below the surface of the slab. The boring depth was selected to provide foundation information below the anticipated founding depth of the elevator pad. The boring for the chiller will be located on the exterior of the building and will be drilled using a truck - mounted rotary drill rig. The boring will be advanced using a 3 -inch diameter continuous flight auger using dry drilling techniques. The boring will be drilled to an exploration depth of approximately 10 feet below the surface elevation of the existing driveway slab in the area of the proposed chiller. Soil samples will be obtained continuously in the boring to the maximum exploration depth. Sampling will be accomplished by mechanically pushing a thin- walled tube sampler in cohesive soils in accordance with CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Vol. 1 5 P L "L Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson ♦ Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 3 the procedures of ASTM 13 1587 or by driving a split- barrel sampler in cohesionless soils in accordance with the procedures of ASTM D 1586, which describe the Standard Penetration Test. Upon removal from the respective samplers, the soil samples will be visually classified by a geotechnologist and an estimate of the undrained shear strength of the relatively undisturbed cohesive soil samples will be made using a hand penetrometer. The samples will then be sealed in appropriate packaging and placed in core boxes for transportation to our laboratory for analysis. The boreholes will be monitored for ground water levels during and immediately following completion of drilling activities but will be plugged with soil cuttings and a compound known as "hole plug" after completion of the ground water monitoring period. In addition, the concrete slab surface at both boring locations will be patched with an agent such as "Sakcrete" or "Premix" following completion of the drilling activities as a safety measure for pedestrians crossing the area. Therefore, longer term water level readings will not be made. We have assumed that Brazos County will grant permission for CSC to access the boring locations within and immediately outside of the building and will assist CSC in identifying utilities in the areaprior to the commencement of drilling operations. Laboratory Testing Program All samples of subsurface materials recovered from the borings will be examined and classified in the laboratory. Pertinent engineering characteristics of the soils encountered in the borings will be determined by appropriate tests on selected samples. Soil classification tests will be conducted to provide a basis for categorizing the soil type according to the Unified Soil Classification System (ASTM D 2447) requirements. Classification tests will include liquid and plastic (Atterberg) limits (ASTM D 4318) determinations and grain -size distribution tests with sieves (ASTM D 422 and/or D 1140). Moisture content determinations (ASTM D 2216) will also be made. The classification tests will be supplemented by strength tests consisting of unconfined compression tests performed on selected relatively undisturbed tube samples. The unconfined compression tests will be conducted in general accordance with the procedures outlined in ASTM D 2116 on selected cohesive soil samples. In addition, pocket or hand penetrometer tests will be performed on the undisturbed soil samples in order to develop additional general information concerning the unconfined compression strength. The samples will be tested and evaluated in a manner that will allow incorporation of the laboratory data into the final engineering report for the proposed improvements. Soil samples will be retained for a 30- day period following the issuance of the report and will then be disposed, unless a written request is received extending the storage period. CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Vol. S Pg. _'_ M d Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson • Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 4 Engineering Report An engineering report will be submitted documenting field activities and laboratory test results, as well as the results of engineering analysis and recommendations. We will provide two copies of the report for your use during the design and construction of the proposed elevator and chiller. The geotechnical report will initially present a general description and outline of the proposed project. The report will also present a discussion of subsurface conditions encountered within the limited depth of exploration at the two (2) boring locations. The report will offer recommendations for the design of the shallow mat or footing foundation elements that will support the proposed elevator and chiller. The recommendations will include net allowable unit bearing pressures as well as estimates of settlement under continuous loading conditions. The report will also include a section that will present a discussion on subsurface conditions that could have an effect on construction of the proposed elevator or chiller foundations. Finally, the report will have a section that will offer recommendations for material quality control and placement procedures for the foundations. The field and laboratory data will also be presented in the appendices of the report. VII. Terms and Conditions CSC proposes to perform the outlined scope of work in accordance with the provisions of the enclosed Terms and Conditions for Geotechnical Services (hereinafter Terms) in Attachment I to this proposal. The terms of this proposal are contingent upon a mutually acceptable agreement. VIII. Estimated Project Cost Based on the scope of the study outlined herein, CSC has estimated the type and number of work units required to perform the defined work effort. The types and number of work units estimated are presented in the following Table 1. The unit charges were derived from the standard fee schedules presented in Appendix A (labor charges), Appendix 13 (office expenses), and Appendix C (field exploration and laboratory testing charges) of the Terms (Attachment I). As you requested, we have separated the charges for performing the study for the elevator from the charges associated with performing the study for the chiller. The costs for performing the elevator study is presented in the accompanying Table IA, and the costs for performing the study for the chiller are presented in Table 1B. Using our standard unit charges, the estimated cost to perform the outlined subsurface exploration and geotechnical study for the elevator is approximately $2,913, with a not -to- exceed cost of $3,000 as detailed in Table 1A. Similarly, the estimated cost to perfo m the outlined subsurface exploration t o and geotechnical study for the chiller is approximately $1,818, with a not -to- exceed cost of $1,900 as detailed in Table 1B. The cumulative estimated cost for both studies is $4,731 with a not -to- exceed cost of $4,900 as presented at the bottom of Table 113. The costs actually invoiced will be based solely on the work units performed in accordance with the unit rates set forth in the enclosed Terms (Attachment 1). IX. Project Schedule Following acceptance of this proposal, we believe that we will be able to initiate the proposed fieldwork with the manual drilling crew and with the truck- mounted drilling rig within two (2) to three (3) working CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Vol. 45 pg. Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson • Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 5 days of your acceptance. We believe that the fieldwork will require only one (1) day to complete. We estimate that the laboratory work can be completed within three (3) to four (4) working days of the completion of the fieldwork. We further believe that the preparation of the engineering report for the project can be completed within three (3) to five (5) working days of the completion of the laboratory testing. Therefore, we anticipate that we will be able to present a report summarizing our investigation within nine (9) to 13 working days of your notice to proceed, unless inclement weather or site obstructions adversely affect drilling equipment access to the site. X. Proposal Acceptance If you are satisfied with the professional services, scope of work, and costs presented herein, you may indicate your acceptance of the work effort described in this proposal by issuing a purchase order to perform the work. The purchase order and the accompanying Terms will represent an agreement of services in accordance with the provisions set forth. Any changes to the scope of work or conditions of services as stated herein will be made in writing. When acknowledged in writing, such changes will become part of this agreement. XI. Closing CSC sincerely appreciates the opportunity to submit this proposal to you and looks forward to working with you on this project. Please do not hesitate to contact us at (979) 778 -2810 if you have any questions or if we can be of further assistance. Kindest regards, T eaten isCu ana:,, . n Ca, MFC:rc Attachment via e-mail [rick @patarch.com) Vol. W. R. Cullen, PE M. Frederick Conlin, Jr., PE Senior Engineer Senior Engineer CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. 4 5 Pg . 114 Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson • Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 6 Table 1A. Cost Estimate to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Project; Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Description of Work Units Task I — Field Investigation Labor — Drilling and Sampling Field Geotechnologist (two (2) man crew) Expenses Coring of Concrete Slab NO1e 2 Soil Drilling and Sampling N °t°' Patching of PCC Slab Miscellaneous Drilling Expenses Table Notes: 1. Cost rounded up to nearest whole dollar. 2. Cost assumes concrete slab thickness of 6 inches. 3. Drilling program to consist of one (I) 12 feet deep boring. Vol. Subtotal Task I Subtotal Task III TOTAL ESTIMATE FOR ELEVATOR 45 Pg 1a5 Quantity Unit Rate (units) ($ /unit) 12 man - hrs 55/hr Total ($) Note 1 660 6 inches 20 /inch 120 15 lin ft 11.50 /lin ft 150 1 20 /each 20 1 Lump Sum 50 1,000 Task II — Laboratory Testing Expenses 8 5.75 /test 46 Moisture Content Atterberg Limits 4 28 /test 112 Percent Passing No. 200 4 17 /test 68 Unconfined Compression Test 3 29 /test 87 Subtotal Task II 313 Task III — Report Preparation Labor Senior Scientist/Engineer 16 85 /hr 1,360 Graphics — Senior Draftsman 2 50/hr 100 Word Processor 2 40/hr 80 Administrative Assistant 1 40/hr 40 Expenses Miscellaneous Production/Graphics and Communication Expenses 1 Estimated 20 Sum TOTAL NOT -TO- EXCEED COST FOR ELEVATOR $3,000 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. 1,600 S2,913 Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson • Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 7 Table 1B. Cost Estimate to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Project; Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Description of Work Units Task I — Field Investigation Labor Field Geotechnotogist Subtotal Task III TOTAL ESTIMATE FOR CHILLER Quantity (units) Vol. I tf 5 pg L� ` Unit Rate ($ (unit) Total ($) Not 1 4 hr 50/hr 200 Expenses Coring of Concrete Slab Nnte2 6 inches 20 /inch 120 Drilling Geotechnical Boring N ° ' e 3 10 lin ft 11.50 /lin ft 115 Mobilization - Demobilization for Truck- Mounted 1 Lump Sum 300 Rotary Drill Rig Patching of PCC Pavement 1 20 /each 20 Miscellaneous Drilling Expenses 1 Lump Sum 50 Subtotal Task l 805 Task II — Laboratory Testing Expenses Moisture Content 6 5.75 /test 35 Atterberg Limits 3 28 /test 84 Percent Passing No. 200 3 17 /test 51 Unconfined Compression Test 2 29 /test 58 Subtotal Task II 228 Task III — Report Preparation Labor Senior Scientist/Engineer I 8 85/hr 680 Graphics 1 50/hr 50 Administrative Assistant 1 40/hr 40 Expenses Miscellaneous Production/Graphics and Communication Expenses 1 Estimated 15 Sum 785 TOTAL NOT -TO- EXCEED COST FOR CHILLER $1,900 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. $1,818 Mr. Richard Vance, PE, Brazos County, Engineer Through Mr. Rick Ravey, AIA, Patterson • Architects Proposal to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Page 8 Table 1B (Continued). Cost Estimate to Perform Limited Subsurface Investigation and Geotechnical Study for Proposed Elevator and Chiller Pad Associated with the Brazos Valley Courthouse Renovation Project; Texas Avenue and William Joel Bryan Parkway; Bryan, Texas Description of Work Units Table Notes: _ 1. Cost rounded up to nearest whole dollar. 2. Cost assumes concrete pavement section thielcness of 6 inches. 3. Drilling program to consist of one (1) 10 feet deep boring. Quantity (units) CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Vol. 1 45 p 1 oil Unit Rate (S /unit) Total (S) Note 1 TOTAL ESTIMATE FOR BOTH ELEVATOR AND CHILLER $4,731 TOTAL NOT -TO- EXCEED COST FOR BOTH ELEVATOR AND $4,900 CHILLER CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Vol. ATTACIIMENT I Terms and Conditions for Geotechnical Services '+5 Pg. 1. 8 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. TERMS AND CONDITIONS FOR GEOTECHNICAL SERVICES 1. SERVICES TO BE PROVIDED. CSC is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in this proposal. The labor and expenses costs listed in the proposal are based upon the unit labor rates listed in Appendix A and the unit expense costs listed in Appendices B and C. 2. PAYMENT TERMS. Client agrees to pay our invoice upon receipt. If payment is not received within 30 days from the invoice date, Client agrees to pay a service charge on the past due amount at the prevailing legal rate, including reasonable attomey's fees, if collected through an attorney. No deduction shall be made from our invoice on account of liquidated damages or other sums withheld from payments to contractors or others. 3. STANDARD OF CARE. CSC will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS. 4, INSURANCE. CSC maintains insurance coverage as follows: (a) Worker's Compensation Insurance - statutory. (b) Employer's. Liability Insurance - $1000,000. (c) Comprehensive General Liability Insurance - $1,000000/32,000000. (d) Automobile Liability Insurance - $1,000,000 /$2,000,000. 5. PROFESSIONAL LIABILITY. Client agrees that CSC's liability to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract will be limited to an aggregate of $10,000 or our total fee, whichever is greater. If Client prefers to have higher limits of professional liability, we agree to increase the limit up to a maximum of 51 ,000,000 upon Client's written request at the time of accepting our proposal, providing that Client agrees to pay an additional consideration of ten percent of our total fee, or 5500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by us and is not a charge for additional professional liability insurance. 6. CONSEQUENTIAL DAMAGES. Neither Consultant nor Client shall be liable to the other for any consequential or incidental damages arising as a result of this Agreement, including, but not limited to, loss of use or loss of profit. 7. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. CSC's field personnel are trained. to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. Our field personnel will avoid haiards or utilities which are visible to them at the site. If we arc advised or given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. CSC is not responsible for any damage or losses due to undisclosed or unknown surface or subsurface conditions, owned by Client or third parties. Except as a result of our sole negligence, Client agrees to indemnify us from any such•claims, suits or losses, including reasonable ahomey's fees, resulting therefrom. We will take reasonable precautions to minimize damage to the property caused by our operations. Our fee does not include any cost of restoration due to any damage which may result. If Client desires us to repair such damage, we will comply and add the cost to our fees. Field tests or boring locations described in our report or shown on sketches are based on specific information furnished by others or estimates made in the field by our personnel. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in our proposal or report IL FIELD REPRESENTATIVE. The presence of our field personnel, either full -time or part-time, will be for the purpose of providing observation and field testing of specific aspects of the project as authorized by Client. Should a contractor, not retained by us, be involved in the project, Client will advise contractor that our services do not include supervision or direction of the actual work of the contractor, his employees or agents. Client will also inform contractor that the presence of our field representative or observation or testing by us will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. If a contractor (other than a subcontractor to CSC) is involved in the project, Client agrees that, in accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions on the jobsite, including safety of all persons and property during performance of the work, and compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to normal working hours. It is agreed that we will riot be responsible for job or site safety on the project and that we do not have the duty or right to stop the work of the contractor. 9. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered which could substantially alter the necessary services or the risks involved in completing our services. If this occurs, we will promptly notify and consult with Client, but will act based on our sole judgment where risk to our personnel is involved. Possible actions could include. (a) Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practicable in our sole judgment, (b) Agree. with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences. with such revision agreed to in writing; (c) Terminate the services effective on the date specified by us in writing. 10. SAMPLE DISPOSAL Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of 30 days atter submission of our report. A. NONHAZARDOUS SAMPLES. At Client's written request, we will retain preservable test specimens or the residue therefrom for 30 . days alter submission of our report free of storage charges. After the initial 30 days and upon written request, we will retain test specimens or samples for a mutually acceptable storage charge and period of time. Client agrees that we are not responsible or liable for any loss of test specimens or samples retained in storage. B. •HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, we will return such samples to Client, or using a manifest signed by Client as generator, we will have such samples hansported to a location selected by Vol. Terms Page I ifs Pg.�- CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. TERMS AND CONDITIONS FOR GEOTECUNICAL SERVICES Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of samples. Client recognizes and agrees that we are acting as a bailee and at no time assume title to said materials. 11. "CLIENT DISCLOSURE. Client agrees to advise us upon execution of' this Agreement of any hazardous substances or any condition, known or that should be known by Client, existing in, on, or near the site that present a potential danger to human health, the environment, or equipment. Client agrees to provide continuing infomtation as it becomes available to the Client in the future. By virtue of entering into this Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for repotting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment Client agrees to notify the appropriate federal, state or local public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety, or the environment. 12. *ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, Client agrees to the maximum extent permitted by law to defend, hold harmless and indemnify CSC from and against any and all claims and liabilities, unless caused by our sole negligence or willful acts, resulting from: (a) Client's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of toxic or hazardous substances or constituents; (b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of toxic or hazardous substances or constituents found or identified at the site; (c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before or after the completion of services herein; (d) Allegations that CSC is a handler, generator, operator, treater or storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law. Ifa third party brings suit or claim for damages against us alleging personal injury or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after the services of this Agreement, Client agrees to the maximum extent permitted by law to defend us and pay on our behalf any judgment resulting against us, including interest thereon, unless such damages are caused by our sole negligence. 13. *EQUIPMENT CONTAMINATION. We will endeavor to clean our laboratory and field equipment which may become contaminated in the conduct of our services. Occasionally, such equipment cannot be completely decontaminated because of the type of hazardous materials encountered. If this occurs, it will be necessary to dispose of the equipment in a manner similar to that indicated for hazardous samples and to charge Client as described above. Client agrees to pay the fair market value of any such equipment. 14. DOCUMENTS, CSC will furnish to Client the agreed upon number of reports and supporting documents. These instmments.of service are furnished for Client's use in connection with the project or work provided for in this Agreement. For any other purposes, all documents generated by as under this Agreement, shall remain the sole property of CSC. If Client desires to provide our report to a Third party, we will agree provided Client obtains written acceptance from the third party to be bound by these terns and conditions. Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. Client further agrees that documents prodacedby CSC pursuant to this Agreement will not be used at any location or for any project not expressly provided for in this Agreement without our written approval. Client shall furnish documents or information reasonably within Client's control and deemed necessary by us for proper performance of our services. We may rely upon Client - provided documents in performing the services required under this Agreement; however, we assume no responsibility or liability for their accuracy. Client - provided documents will remain the property of Client, The documents we furnish to Client am intended for Client's exclusive reliance and internal use and not for advertising or other type of general distribution or publication. Client agrees to obtain our written pemtission for any exception. Any unauthorized use or distribution shall be at Client's sole risk and without liability to CSC. 15. CLAINIS. The parties agree to attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results in litigation, and the claimant fails to prevail, then the claimant shall pay all costs incurred in defending the claim, including reasonable attorney's fees. The claim will be considered proven if the judgment obtained and retained through any applicable appeal is at least ten percent greater than the sum offered to resolve the matter prior to the commencement of trial. 16. CONFIDENTIALITY. CSC will maintain as confidential any documents or information provided by Client indicated to be confidential and will not release, distribute or publish to any third party without prior permission rm. Client unless compelled by order of a court or regulatory body of competent jurisdiction. 17. SEVERABILITY. In the event that any provision of this Agreement is found to he unenforceable, the other provisions shall remain in full force and effect, IS. SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and CSC shall survive the completion of the services and the termination of this Agreement. 19, INTEGRATION. This Agreement, the attached documents and those incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by . both the parties. 20. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. *Applies only if toxic or hazardous substances or constituents are involved or encountered. Terms Page 2 vol. _J 45 Pg. °(DC) CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. CADD Personnel Senior Draftsman Project Draftsman Project. Support Staff Word Processing Personnel Technical /Administrative Assistant APPENDIX A FEE SCHEDULE OF LABOR RATES FOR PROFESSIONAL, TECHNICAL, AND SUPPORT PERSONNEL Professional, technical, and support staff utilized for sample analyses, evaluations, studies, project planning, coordination, consultation and report preparation, and other required Client services, are billed by personnel charged directly to the project at the rate indicated below: Job Catenary Hourly Fee Professional Staff Principal Scientist/Engineer 95 Senior Scientist/Engineer (Project Manager) 85 Project Scientist/Engineer 75 Staff Scientist/Engineer 65 Field Scientist/Engineer 55 All salary schedules may be, with thirty (30) days written notice to Client, supplemented and revised from time to time to allow Consultant to attract and retain competent personnel for the performance of the work. - A -1 vol. 45 p ao1 50 40 40 40 CSC ENGINEERING OFFICE COST, EXPENSES, RATE SCHEDULE, THIRD PARTY SERVICES, AND TRAVEL POLICY In addition to any other fee schedules or cost schedules appended to the Contract, the following services are reimbursable at the rate shown: L Reproduction and Photography: a. Blueline (per square foot) b. Photocopy cost (per page) c. Binding —cost d. Outside reproduction work--cost plus 15% e. Special forms, printing, special engineering services, model supplies —cost plus 15% f. Photography —cost plus 15% II. Graphics: a. Labor plus per plot charge: 1, 8 1/2" x I I" print/plot 2. 11" x 17" print/plot 3. 24" x 36" print/plot 4. 36" x 48" print/plot 5. Duplicate print/plots b. Document covers (each) & ENVIRONMENTAL APPENDIX B III. Communications, Shipping, and Mileage: a. Telephone (long distance conference calls) —cost plus 15% b. Express charges and shipping charges —cost plus 15% c. Consultant vehicles -0.69 per mile IV. Business /Travel Expenses: If required for the project, business travel expenses will be in accordance with the rate listed below for mileage and for room and board. a. Mileage (personal vehicle), per mile .69 b. Rental car — cost plus 15% c. Per diem — cost plus 15% (maximum of $100 per day) This rate schedule may be, with thirty (30) days written notice to Client, revised in accordance with any and all changes in Federal/State/Local laws, ordinances, and polities, as well as changes in local labor requirements reflecting the ability of Consultant and its subcontractors, if any, to attract and maintain the necessary work force. R -1 14 5 P DD Vol. __ - -- g CONSULTANTS, INC. .25 .10 10.00 20.00 15.00 25.00 5.00 3.00 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. APPENDIX C SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Field Operations - Subcontract Rate 1.00 Mobilization 1.01 Mobilize men and truck- mounted drilling equipment - per mile 4.60 1.02 Mobilize men and ATV - mounted drilling equipment - per mile 5.75 1.10 Drilling and Sampling 1.11 Drilling - Truck - Mounted Drill Rig - per ft 1.12 Drilling - ATV - Mounted Drill Rig- per ft 1.13 Coring in rock - Soft rock - per ft 1.14 Coring in rock - Hard rack - per ft 1.20 Conditional Charges 1.21 Standby and trip time - per hour 1.22 Expended drilling materials - cost plus 15% 1.23 Mud, grout, or casing - cost plus 15% 1.24 Boring location survey - cost plus 15% 1.25 Rental of access equipment - cost plus 15% 1.26 Trip charge - cost plus 15% Laboratory Soil Tests 2.00 Classification Tests 2.01 Moisture Content (ASTM D 2216) 2.02 Liquid and Plastic Limits (ASTM D 4313) 2.03 Linear Bar Shrinkage (ASTM D 427) 2.04 Unit Weight 2.05 Specific Gravity (ASTM D 854) 2.06 Dry Sieve Analysis (ASTM D 422) - per sieve 2.07 Wet Sieve Analysis (ASTM D 422) - per sieve 2.08 Hydrometer Analysis (ASTM D 422) 2.10 Material Characteristics 2.11 Permeability, BP saturation EM 1110 -2 -1906, (ASTM D 5084) 2.12 Resistivity (Tex- I29 -E) 2.13 Wet Ball Mill (Tex - 116 -E) 2.14 Lime Series (LMO) (ASTM D 3668), 3 per set 2.15 Soil /Cement or Fly Ash Series (ASTM D 1632) 2.16 Pinhole Test (ASTM D 4647) 2.17 Crumb Test 2.18 Phenolphthalein Test 2.19 pH Determination (ASTM D 2976) C•1 Vol. 45 Pg )..o3 11.50 11.50 24.00 29.00 140.00 5.75 28.00 17.00 8.00 25.00 17.00 17.00 100.00 150.00 20.00 100.00 60.00 300.00 60.00 5.00 10.00 10.00 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. APPENDIX C (CONTINUED) SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES Laboratory Soil Tests (Continued) 2.20 Strength Tests 2.21 Hand Penetrometer or Torvane 2.22 Unconfined Compression (ASTM D 2166) (only) 2 23 Unconfined Compression (ASTM D 2166), with Moisture and Dry Unit Wt. 2.24 UU- Triaxial (ASTM D 2850) (single stage) with sample preparation (per stage) 2.25 UU- Triaxial (ASTM D 2850) (multi - stage) with sample preparation (per stage) 2.26 CU- Triaxial (ASTM D 4767) (w /pore pressure measurements) with sample preparation (per stage) 2.27 Direct Shear (ASTM D 3080) 2.28 Texas Triaxial (TEX- 117 -E), 3 per set 2.29 California Bearing Ratio (CBR) (ASTM D 1883), 3 per set 2.30 Volume Change Tests 2.31 Absorption Pressure -Swell 2.32 Consolidation (ASTM D 2435) 02 145 Pg. Ra to 1.00 20.00 29.00 115.00 20.00 230.00 20.00 275.00 20.00 125.00 250.00 600.00 175.00 250.00 CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Scale Maintenance, in accordance with all terms and conditions previously agreed to and accepted, with no increase in price. I understand this agreement will be in effect April 20, 2011 through April 19, 2012 once approved by Commissioner's Court. FAIRBANKS SCALES Authorized gigignature 1 (eO yri siianscil Printedk4ame BRAZOS COUNTY Duane Peters, County Judge Vol. Lt5 p d�OS L ki 7oiL Date Date o Ut C z a •CI rift Local Governments and Municipalities Preliminary Energy Assessment Service Agreement Investing in our communities through improved energy efficiency in public buildings is a win -win opportunity for our communities and the state. Energy - efficient buildings reduce energy costs, Increase available capital, spur economic growth, and improve working and living environments. The Preliminary Energy Assessment Service provides a viable strategy to achieve these goals. Description of the Service The State Energy Conservation Office (SECO) will analyze electric, gas and other utility data and work with 8F-A c 5 Co yarn/ , hereinafter referred to as Partner, to identify energy cost - savings potential. To achieve this potential, SECO and Partner have agreed to work together to complete an energy assessment of mutually selected facilities. SECO agrees to provide this service at no cost to the Partner with the understanding that the Partner is ready and willing to consider implementing the energy savings recommendations. Principles of the Agreement Specific responsibilities of the Partner and SECO in this agreement are listed below. This agreeme Signature: Name ✓ Partner will select a contact person to work with SECO and its designated contractor to establish an Energy Policy and set realistic energy efficiency goals. ✓ SECO's contractor will go on site to provide walk through assessments of selected facilities. SECO will provide a report which identifies no cost/low cost recommendations, Capital Retrofit Projects, and potential sources of funding. Portions of this report may be posted on the SECO website. ✓ Partner will schedule a time for SECO's contractor to make a presentation of the assessment findings key decision makers. Acceptance of Agreement /Ms. /Dr.) t e.officer or other upper management staff. Date: 4)19 / 1) iIIrSECo State Energy Conservation Office Title: Cok. TwD '- Organization: log -k'&S deur47`i Phone:. 919116!- (-M)oz Street Address: Zoc, S . "CSC • /YV L , t S - lam . 3 S L Fax: Mailing Address: 5Pcv&E Contact information: Name (Mr. /Ms. /Dr.): Ctinksg -LE i�L=rlhT Phone: 9 75/36! - 'fz5 2- E -Mail: CU-JEW t)T Q r0. TSf qc6. 7X, 141 E -Mail: t9' 1ERS l atrtos;pC,us County: 157-RoS Title: ?knit' /MiiN A Fax: 5 75/ f - 'f24 3 County: /512k'2t$ Please sign and mail or fax to: Stephen Ross, Local Governments and Municipalities Program Administrator, State Energy. Conservation Office, 111 E. 17th Street, Austin, Texas 78774. Phone: 512- 463 -1770. Fax 512. 475.2569. STATE OF TEXAS COUNTY OF BRAZOS § Gulf Winds Residential Treatment Center September 1, 2010- August 31, 2011 This Agreement is entered into by and between the Brazos County and Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation ") and Gulf Winds Residential Treatment Center, a nonprofit corporation, licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Youth Commission, Texas Juvenile Probation Commission, and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE 1 PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2010, and ending August 31, 2011. It shall be automatically renewed for one year terms thereafter, commencing September 1" and ending August 31 , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below; A. Basic Level i. Adequate functioning in all developmental and /or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or ii. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally V ol. I 54 pp 9,01 Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010 - August 31, 2011 disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child, B. Moderate Level i. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or it Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. C. Specialized Level Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24 -hour supervision by multiple staff in limited access setting. D. Intense Level i. Very severe impairment(s), disability or needs; consistently unable or unwilling to cooperate in own care; may be severely aggressive or exhibit self - destructive behavior or grossly impaired in reality testing, communication, cognition, affect, or personal hygiene; may present severe to critical risk of causing serious harm to self or others; needs constant supervision (24 -hour care) with maximum staffing, in a highly structured setting. E. Emergency Shelter i. Provide twenty-four (24) hour care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long -term living arrangement. 3.02 Service Provider will perfomt the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. 1 45 Page 2 . ofd2 VOL IL rY� p_D Vol. Pa 3 of 1 5 9 Pg. Gulf Winds Residential Treatment Center Residential Services Agreement September 1. 2010 - August 31; 2011 C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Placement Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the Placement Supervisor 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, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility, E. Provide to Juvenile Probation's Placement Supervisor 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 toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile 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 Program 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 or controlling the child's objectionable. behavior. G. Maintain copies of' the original Individualized Program Plan and the periodic reviews. H. Provide the Placement Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. 1. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall he made available to Juvenile Probation for periodic inspection. ao9 Vol. 3.03 Service Provider will provide or perform the following: 4of19 Pg. Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, 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. A. DAILY LIVING SKILLS 1. The Service Provider shall teach each child basic living and social skills such that they are able to appropriately care for themselves and function in the community. B. ASSESSMENT, SERVICE PLANNING AND COORDINATION 1.) Diagnostic Assessment. The Service Provider shall ensure completion of a diagnostic assessment on each child within 30 days of admission. The assessment must address the child's strengths and needs in the following areas: physical, psychological, behavioral, family, social and educational. 2.) Service Planning and Coordination. i. The Service Provider shall develop, coordinate and implement a service plan that addresses the services that will be provided to meet each child's specific needs. ii. The Service Provider shall develop a service plan in accordance with the requirements contained in TJPC FED - 29 - 04 Section 500 (Casework and Support Services) and Section 501 (Service Plans). iii. The Service Provider shall ensure that the service plan incorporates and is consistent with: a. Permanency goals identified in the juvenile probation department residential case plan; b. Behavioral goals established by the juvenile probation department; c. Components of the child's Individual Education Plan (IEP) and the Individual Transition Plan (ITP) that are both developed by the school's Admission, Review, and Dismissal (ARD) committee, if appropriate; and d. Components of the CPS transition plan for youth ages 16 -22 which includes Preparation for Adult Living (PAL), Education and Training Vouchers (ETV) and other related services and support for youth who are currently in foster care or transitioning out of care. Additional information is located at http : / /www.dfps.state.tx.us /Child Protection/Transitional Living/defaultasn, 3.) Room, Board, and Furnishings. Vol. 5 of 19 pg. = — Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 iv. The Service Provider shall ensure that the service plan includes services to assist a child to transition to a new living arrangement or to new provider services, if applicable. C. ROUTINE 24 -HOUR CHILDCARE I.) Food. The Service Provider shall provide food in accordance with requirements of DFPS Child Care Licensing Minimum Standards. ii. The Service Provider shall ensure that each child receives fresh fruits, vegetables and dairy products at least once a day. iii. The Service Provider shall ensure that children have input into meal planning. 2.) Clothing and Personal Items. i. The Service Provider shall maintain an inventory of the child's clothing and personal items that are of substantial and /or sentimental value by: a. Completing an inventory of clothing and personal items at admission, as additional clothing and personal items are purchased or provided, and at discharge for a planned discharge and within thirty (30) days after an unplanned discharge; b. Ensuring that the child (when age and developmentally able) and the Service Provider's staff sign and date the clothing and personal item inventory, except when the clothing and personal item inventory is completed after an unplanned discharge; c. Sending the clothing and personal item inventory with the probation officer or other department designee at discharge for planned discharges; and d. Providing the juvenile probation department with the clothing and personal item inventory within thirty (30) days after an unplanned discharge. ii. The Service Provider shall provide each child with appropriate clothing that at a minimum is: b. In sufficient quantity to ensure an adequate amount of the following: t- shirts, undershirts, underwear, bras, socks, shoes, pants, shirts, skirts, blouses, coats /jackets, sweaters, pajamas, shorts, and other clothing necessary for a child to participate in daily activities; c. Gender and age- appropriate; d. Proportionate to the child's size; e. In good condition, and is not worn -out with holes or tears (not intended by the manufacturer to be part of the item of clothing); and f. Clean and washed on a regular basis. iii. The Service Provider shall allow children to label their clothes with their name or initials. iv. The Service Provider shall provide each child with appropriate items necessary to meet their hygiene and personal grooming needs by: a. Making grooming products available so that each child is able to maintain good hygiene and grooming practices; b. Ensuring that grooming products meet each child's ethnic hygiene and individual hair care needs; c. Ensuring sufficient hot water is available for daily baths or showers; and d. Providing training/education as necessary to ensure each child understands the concepts of personal hygiene and grooming and what they need to do on a daily basis to achieve and maintain good hygiene and grooming. Vol. I 2.) De- Escalation and Crisis Management. i. The Service Provider shall ensure that all de- escalation techniques are exhausted before utilizing more restrictive and intrusive behavior management or emergency behavior intervention. ii. The Service Provider shall utilize developmentally and age appropriate emergency behavior intervention techniques, as described in DFPS Child Care Licensing Minimum Standards to resolve emergencies. iii. The Service Provider shall manage the facility and milieu in a manner that minimizes disruption during a crisis. E. EDUCATIONAL AND VOCATIONAL ACTIVITIES 1.) Educational Activities. 1. The Service Provider shall ensure that each school -aged child placed with the Service Provider pursuant to this Contract attends an educational program accredited by the Texas Education Agency ( "TEA "). The Service Provider may request an exception to this requirement from the juvenile probation department. The Chief Juvenile Probation Officer, or his/her designee may approve the exception request, and such approval must be in writing. ii. Not later than the third (3` calendar day after the date a child is placed in a residential, facility, the Service Provider shall notify the school district in which the facility is located. iii. The Service Provider shall maintain and update an education portfolio for each child in the Service Provider's care. The contents of the education portfolio must include, if appropriate: a. School enrollment documents — birth certificate, Social Security card, immunizations, and withdrawal notice from the last school; i. The Service Provider shall provide each child with a bed, sheets, towels, blankets, bedspreads, pillows, mattresses and other furnishings necessary to meet the child's needs. The Service Provider shall ensure that the items be kept clean and in good repair. ii. The Service Provider shall ensure that children have personal storage space for their clothing and possessions. The Service Provider shall provide children, who are able to look after their own needs, with individual storage space in their bedrooms for clothing and possessions. iii. The Service Provider shall provide behavioral, gender and age appropriate living arrangements for each child, with the exception of sibling groups, where appropriate, in accordance with DFPS Child Care Licensing Minimum Standards. Gulf Winds Residential Treatment Center Residential Serviies Agreement September 1, August 31, 2011 D. DISCIPLINE AND CRISIS MANAGEMENT 1,) Discipline. i. The Service Provider shall use appropriate authority and discipline practices as necessary to set limits for behavior and help each child develop the capacity for self - control; and ii. The Service Provider shall develop and implement discipline and emergency behavior intervention policies that are consistent with DFPS Child Care Licensing Minimum Standards at: httn://www.dfps.state.tx.os /Child Care /Child Care Standards and Regulations /defaultasp, and the Texas Administrative Code, including, but not limited to, the following: a. The Service Provider shall not use, give permission to use, or threaten to use physical discipline with any child. b. The Service Provider shall not threaten the child with loss of visits with family or siblings as a punishment or deterrent to behavior. c. The Service Provider shall not threaten the child with loss of placement as a punishment or deterrent to behavior. e6of19 ( t t. Pg. 1e7of19 P 2-.1 3 vol. g Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 b. Special Education documents — Admission, Review & Dismissal (ARD) team meeting notes, Individual Education Plan (IEP), Section 504 documents, full individual evaluation and /or other diagnostic assessments; c. Report cards, progress reports, and /or IEP progress reports; d. Transcripts; e. Standardized test result — TAKS /SDAA/LDAA; f. Referrals, notices or other correspondence; g. Pictures; h. Miscellaneous — anything school related not previously listed. iv. The Service Provider shall make the education portfolio readily available to the juvenile probation department on any visit with the child or otherwise, if requested. v. The Service Provider shall document that the report card and progress reports are discussed with each child. vi. The Service Provider shall provide the child's education portfolio to the juvenile probation department at the time a child is discharged from the Service Provider's care regardless of whether the discharge is a planned or an unplanned discharge. The Service Provider must ensure the following: a. The most current educational documents and records are in each child's education portfolio; and b. The child's education portfolio includes the child's current school withdrawal paperwork. vii. The Service Provider shall minimize disruptions to a child's education by scheduling therapy and other appointments outside school hours, whenever possible, 2.) Vocational Activities. The Service Provider shall provide vocational training, support services, activities and skills training (including job readiness), apprenticeships and vocational training opportunities such that each child: i. • Has access to appropriate vocational activities and community education programs; ii. Receives the assistance needed to maximize the benefit of these activities; and iii Is provided transportation to vocational activities. F. ROUTINE RECREATIONAL ACTIVITIES 1) The Service Provider shall provide recreational activities such as indoor, outdoor, school, community and religious or spiritual activities for children served under this Contract that are age- appropriate, varied, and are of interest to the child. 2) The Service Provider shall ensure that recreational activities are, at a minimum, supervised in accordance with DFPS Child Care Licensing Minimum Standards and service level requirements contained in the Levels of Care Descriptions (T }PC- FED- 28 -04). 3) The Service Provider shall intervene, as necessary, to reduce the risk and occurrence of any and all injuries. 4) The Service Provider shall ensure that children have input into the types of recreational activities in which they wish to participate. G. TRAVEL 1) The Service Provider shall provide or arrange all travel necessary to ensure a child's access to all necessary medical, mental and vision care for each child, including behavioral healthcare services, recreational, school and school activities, family visits, court hearings, Preparation for Adult Living (PAL) activities, permanency conferences, transition plan meetings, family group conferences, circles of support conferences, and any other services necessary to fulfill the tasks on a child's service plan. Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 2) A Service Provider who is licensed as a CPA shall arrange and facilitate sibling visits when siblings are at different placements within the same CPA unless the sibling visits are: i. Prohibited by court order; ii. Contrary to the best interest of the children as reflected in any of the service plans of the siblings; or iii. Discouraged by a mental health professional treating any of the siblings. H. CULTURAL COMPETENCE I) The Service Provider shall provide the contracted components of care with a high level of individual and organizational cultural competence as described below: A) Individual Cultural Competence — The knowledge, skill or attribute one has relative to cultures other than his/her own, that is observable in the consistent patterns of an individual's behavior, interaction and work related activities over time, which contributes to the ability to effectively meet the needs of children and families receiving services. B) Organizational Cultural Competence — A set of values, behaviors, attitudes and practices within a system, organization, program or among individuals, which enables staff and volunteers to work effectively with children and families from other cultures. Furthermore, it refers to the staff's ability to honor and respect the beliefs, language, interpersonal styles and behaviors of individuals and families receiving services. I. SERVICE PROVIDER PARTICIPATION I) The Service Provider shall participate in conferences required by the juvenile probation department which include but are not limited to, medical, school, case planning, permanency planning, transition planning, and legal staffings. 2) The Service Provider shall participate in Preparation for Adult Living (PAL) activities, consistent with the child service or transition plan. 3) The Service Provider shall participate in any other meetings required by the juvenile probation department or a court having jurisdiction over the child and necessary to ensure that the Service Provider is complying with a child's service plan. J. MAINTAINING CONNECTIONS 1) The Service Provider shall make a good faith effort to ensure that children are able to preserve desired and appropriate connections to his or her own cultural identity and community, including religious/spiritual, family, school, and appropriate organizations through on -site or off -site means. 2) The Service Provider shall document all good faith efforts to maintain the child's connections. K. PROVIDING TESTIMONY I) The Service Provider shall ensure that Service Provider's employees and subcontractors appear and testify in judicial proceedings, depositions and administrative hearings relating to a child, at the request of the juvenile probation department. 2) The Service Provider shall, to the extent possible, notify, and /or assist the juvenile probation department in locating, past employees or subcontractors when past employees or subcontractors Providers are needed to appear and testify in accordance with this subsection. The Service Provider is responsible for the cost associated with the requirements of this subsection. gge8ofl9 Vol. ✓� Pg. 9-t L. LEAST RESTRICTIVE SETTING 1) The Service Provider shall provide all services in a manner that safeguards the health, welfare and safety of the children in the least restrictive setting possible. Vol. 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 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 Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as of 19 Pg. Gulf Winds. Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 Gulf Winds Residential "Treatment Center Residential Services.Agreement September 1, 2010- August 31, 2011 currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Business Manager or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and/or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts, 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Business Manager on a monthly basis. Said invoice shall be submitted within 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: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, 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 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. Vol. )4 of Pg Gulf Winds Residential Treatment. Center Residential Services Agreement September 1, 2010 - August 31, 2011 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally' Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Business Manager. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his /her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the fist ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 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 ofJuvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. Vol. 446' Pg _ �� Gulf Winds Residential Treatment Center Residential Services.Agreement September 1, 2010 - August 31, 2011 6.06 Juvenile Probation is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shalt be submitted with an updated • diagnosis and prognosis. 6.09 In accordance with §29.012(6)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 6.10.1 If a client makes an unauthorized departure from the Service Provider, Juvenile Probation shall be notified immediately. If the client returns to the Service Provider within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Provider shall receive payment for those days the client was absent from the Service Provider, but not to exceed ten (10) days payment. ARTICLE VII EXAMINATION OF PROGRAM AND 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 records 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 on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative 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 shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully ag )1 of 19 Vo1. r e Pg• D\ j O � Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. 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. Service Provider shall agree to the terms and sign the Business Association Agreement attached as Exhibit "B" and incorporated herein by reference. ARTICLE IX DUTY 'f0 REPORT 9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation 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; 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 to facsimile number (979) 823-4211 (ATTN: Chief Probation Officer). ARTICLE X DISCLOSURE OF INFORMATON 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; Pge13of19 Vol. 1 L 5 Pg. p` Gulf Winds Residential Treatment Center Residential Services Agreement September 1,.2010- August 31, 201! 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 Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of 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 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: (I) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin.. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or Page 14 19 P g . Vol. � -- Gulf Winds Residential Treatment Center Residential Services. Agreement September 1, 2010- August 31, 2011 B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period often (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. 15.01 This Agreement may be terminated: ARTICLE XV TERMINATION A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's and Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law, The parties Vol. 445 1 Gulf Winds Residential Treatment Center Residential Services Agreement September 7, 2010- ,4ugust 31, 2011 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 XIX REPRESENTATIONS & WARRANTIES 19.01 Sery ice Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement That it is qualified to do business in the State of Texas; that it holds 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 operation of its business; and that there are no taxes due and owing to the State of Texas, any County in the State of Texas, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement and in amountsnot lower than: I. Statutory workers compensation in accordance with the State of Texas requirements. 2. Comprehensive general liability including owners and contractor's protective liability insurance for bodily injury, death, or property damages in the following amounts: COVERAGE PER PERSON PER OCCURRENCE a. Premises and product liability $300,000 $300,000 b. Aggregate policy limits $300,000 Comprehensive automobile and truck liability insurance (covering owned, hired and non -owned vehicles): COVERAGE PER PERSON PER OCCURRENCE a. Bodily injury $300,000 $300,000 (including death) b. Property damage $300,000 $300,000 c. Aggregate policy limits $300,000 All policies must provide, by endorsement to the policy that thirty (30) days prior written notice of cancellation or material change in coverage be given to the Risk Manager of Brazos County, Texas. Coverage provided must be on an occurrence basis. No policy submitted shall be subject to limitations, conditions, or restrictions deemed inconsistent with the intent of the insurance requirements contained in this Agreement. All policies shall be written through a company duly entered and authorized to transact that class of insurance in the State of Texas. and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of ajuvenile in accordance with the requirements of Texas Family Code Chapter 261 and. VOL 7 - -1 Pg. Gulf Winds Residential: Treatment. Center Residential Services Agreement September 1, 2010- August 31, 2011 any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. E. Service Provider warrants that it shall name Brazos County, its agencies, officers and employees, as an additional insured(s) on all current general and automobile liability policies it procures in support of this Agreement. ARTICLE XX TEXAS LAW TO APPLY 20.01 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 Brazos County, Texas. ARTICLE XXI VENUE 21.02 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII LEGAL CONSTRUCTION 22.01 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 XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 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 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. V ARTICLE XXIV AMENDMENT Page 17o%19 Pg. EXECUTED IN DUPLICATE [or TRIPLICATE — see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Duane Peters, County Judge Date And Brazos County Juvenile Board Chairman Doug Vance, Ph Y Executive Director Brazos County Juvenile Services SERyL PROVIDER Ci.t Authorized Signature Date kuLcya.r r,I L/ eCuht () ecoo PRINTED name of person signing this contract Title PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER: Gulf Winds Residential Treatment Center 2904 1" Street Bay City, Texas 77414 Gulf Winds Residential Treatment Center 2904 I Street . Bay City, Texas 77414 (979)245 -2334 PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER: (713) 426-4545 �(- I -I( Date 6 f - PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX 1NDENTIFICATION NUMBER: Karen Hubbard 26- 4238303 CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: Candice Williams (713) 696 -8054 Vol, `VJ Pg' Gulf Winds Residential Treatment Center Residential Services Agreement September I, 2010 - August. 31, 2011 /9 -l/ EXHIBIT A BASIC LEVEL $42.18 MODERATE LEVEL $96.17 SPECIALIZED LEVEL $138.25 INTENSE LEVEL $242.85 EMERGENCY SHELTER $115.44 Vol. Page 19f 19 I14- of Pg. Gulf Winds Residential Treatment Center Residential Services Agreement September 1, 2010- August 31, 2011 aa-5 STEW-SAM w / BMW Steri -Safe Program Level: EmnamX Payment Schedule. Billed Monthly (Monthly payment schedule only available for selected programs with pickup frequency greater than 13 pickups per ymr.) Service Frequency: la Per Year Additional Pickup Charge (Per amps in addition to your regular schedule)- 27$00 Maximum Medical Waste Containers per Year:13 Medical Waste Container Size: Madium Each Additional Container Charge: SLIM *Additional Waite Services Cate Included w /Contract Max Yearly I Containers S/AddL Coot Non - Hazardous Drug Disposal NO N/A $0 S ' Hazardous Drug Disposal* NO N/A $0 I Famc/Daveioper* I $0 NO If N/A II f 'I Chemo/Patb* I NO 1 N/A li SO Customer certifies that they will properly classify and segregate their waste Wee= and that they will not eo -mingle these waste streams with any other. Not Available in All Areas $ Per Month: 582.00 initedint a STERI•SAFE Service Agreement Address I: Address 2: City/State/Ed E -Mail: Phoned: Sales Re ' : Generated By: Service Address: Brazos Cnty Juvenile Detention 1904 West State Hwy 21 Bryan, TX 77802 a@s.ctxn 979)823 -3544 Yesid Ferro esid Ferro Name: Address 1: Address 2: Clty/State/Zip: E -Mail: Fax#: GeneratorlD 4: Contract Number: Billing Address: 1904 West State Hwy 21 Bryan, TX778023478 a@ teem ISRCL-00297962 The cornet coon Idiom: I) ttu effective eau daan:wawt h 4 -1 -201L 2) &tricycle. dull =woe and dispose ofCeaom'r Retrkted Modinl Wane (Hm,dms Wrote es applicable) subject la theatres eodconditiom rot forth below 3) Sterkycle willprovide additional wvmlimce terriers for the prices epplrable to dm saute proton level Crtanterbro unwed below. Services to be Provided: Any addidend service or predate selected by Crammer shall be hilted separately according to current Stnicytle prlciiog. Sy signing below l acknowledge that 7 am ' mer's authorized oldest or agent end that l have the authority to bled Oneonta to this Agreement Customer agree' to be booed by the terms and conditions that a , r on a mcand page hereof and comply with Stadcyde's Waste Acceptance Policy, both of which aro Integral parts of thls Agreement. (Appendix Al. STERICYCLE USE ONLY Type of Agreement NEW Term ofagrement:60 months Promo Code: Tax Exempt If YRS, 1D# (Copy amt accompany paperwork) Pmehase Order (Uappacabie): tram / / a/ I SPDC Record/I:1523633 Segment Code: Almaden Codas Ranting fatarmatoo (Operadens Department} Ancient m- Med. WasteCntainer Cede: Qty; 13 Special Warta Container code: Qty: � _ sharps cone (YeaNO) stoma Ara: Rork Al: Container Setup Date. / 1 Pint Pickup (Cycle Start) DattPri Apr 01 00:00:00 OMT 2011 Day of Sankr.Servia Houtz Routing Comments: — CUSTOMER: X h Name ,1 e le 5 Till ro as - ‘7 1— / # 77/ STERICYCLE: X Name Yesid Ferro Title to Stedeytie reserves the right 10 deal solely with tbeCustomer and not with any tbvd pony agents of the ensconce for a8 purposes relating to this agreement Customer represents and wanes to Stericyde that It Is the medical waste generator and is acting for its own account and not dough a broker or agent Srericycle shall be entitled to terminate this t seement and seek all available haul rmedika, iectudiogbut not limited to liquidated damages, to to amount sat forth begin 113r Customer's breach of rids apramnadon and warranty. 4010 Commercial Ave., Northbrook, IL 60062 Photo: 847-943.6559 Fax: (800) 495 -4472 Offer Expiration Date: 4 -14 -2011 Vol. 1 4- 5 Pg. -a-°" te Offra Use Only. Code`. RX- IA.PC- I.hFD.ta STERI'SAFE TERMS AND CONDITIONS Account/Site # - 1. Regulated Medical Waste Services: (a) Stericycle, Inc. shall collect, transport, treat and dispoac Mall Regulated Medical Waste (except Nonconforming Wane) generated by fy'atomer during the term of this Agreement. (b) Responsibility for transportation of Regulated Medial Waste collected from Customer shalt transfer and vest in Stericycle at the time it is loaded onto Stericycle's vehicle. Customer shall have tide to Regulated Medical Waste at all prior times. Customer shall hold title to any Noss - Conforming Waste at all times, whether refused for collection or returned to the customer for proper disposal after collection. All Regulated Medial Waste must be accompanied by a properly completed shipping document pursuant to 49 CPR 172.202 (Manifest). (c) Stericycle employees may refine containers that are determined to be Non - Conforming Waste as identified in the Waste Acceptance Policy (WAP). Customer shall plate only 'Regulated Medical Waste" as dented by 49 CFR 173.134 or by any other federal, state and local mgolations. (d) Customer represents and warrants that i) the waste presented for disposal will not contain any "hazardous ", "toxic", "radioactive" or Non - Conforming Wastes as defined by all applicable laws, regulations and the WAP, ii) the waste strictly conforms to Stericycle's WAP and their focal laws and regulations concerning Regulated Medial Waste and iii) they have reviewed the attached WAP and its complete definitions and requirements. (e) Customer shall be liable for any and all injuries, losses and damages resulting from Nonconforming Waste. (f) All lab wastes or materials which contain or have the potential to contain infectious substances arising from those agents listed under 42 CFR 72.3 are strictly prohibited from medial waste by federal law and must be pretreated prior to disposal. (g) Further definitions are included under the current WAP, which is attached and made a part of this Agreement and specifically incorporated herein Stericycle reserves the right to change the WAP at any time to ensure compliance with applicable laws or regutauoa. A copy of Stericycle's Waste Acceptance Policy may also be obtained from your local Stericycle representative. 2. Term and Pricing: Subject to the provisions below, the term CTe m") of this Ayraueatt shall be 60 months from the Effective Date. (a) This Agn.,.as.nt shall automatically renew for successive terms equal tai the original Term (each an "Extension Temi ) unless either party has given sixty (60) days notice, in writing, during the nix (6) month period prior to the renewal date of its desire to tennitato this agreement. All Extension Tema shall be subject to the terms and conditions hereunder. (b) Stericycle reserves the right to adjust the contract price to account for operational changes it implements to comply with documented changes in law, to cover increases in the cost of fuel, insurance, or residue disposal, or to otherwise address cost escalation. Stericycle may charge Customer a fee to cover its administrative costs in the event that Customer changes its service requirements ar program level during the Tetra or Extension Tem. Stericycle may change Se pride of any of its goods or services not covered by this Agreement at any time without notice to Customer. (c) In the event Customer terminates this Agreement prior to capitation of the term hereof (or any "Extension Term") or fails to perform any of its obligations under this Agreement, Stericycle shall have, without limitation, all rights and remedies provided at Law or in equity, as well as the right to recover from Customer an amount (which the parties hereby acknowledge constitutes Stericycle's liquidated damages and not a penalty) equal to fifty percent of the Customer's average monthly charge multiplied by the number of months. ( including any partial months), remaining until the expiration date of the then current term hereof. (4) Stericycle shall have the sight to terminate this Agreement at any date by giving Customer at least sixty (60) days notice in the event that it is unable to continue performing its obligations under this Agreement due to the suspension, revocation, cancellation or terminator of any permit required to perform this Agreement or in the event that a change in any law or regulation makes it impractical or uneconomical, in Stericycle's sole discretion, to continue performing this Agreement. 3. Billing: Stericycle shall provide Customer with monthly, quarterly or annual invoices that are due upon receipt. Customer agrees to pay a late charge on any amounts owed to Stericycle that are more than 30 days old, at a rate equal to the lesser of 1 S4% per month or the maximum rate permitted by law. Customer shall bear any costs that Stericycle may incur in collecting overdue amounts from Customer, including, but not limited to, reasonable attorneys' fees and court costs. Should any amounts due pursuant to this Agreement remain unpaid for more than 30 days from the date of the debt's first invoice, Stericycle shall have the option, without notice to Customer, to suspend service under this Agreanent until the overdue email/3 (plus late cmtges and collection fees) are paid. In addition to Stcrieyclo's charges for services and products under this Agreement, the Customer shall pay all taxes imposed or levied by any governmental authority with respect to such services or products. These taxes include all sales, use, excise, occupation, franchise and similar taxes and tax -like fees and charges (but do not inciede any taxes on Stericycle': yet income). Stericycle shall coonerate with the Customer to determine the applicability of any exemption certificates that the Customer provides to Stericycle in a timely manner. In the event that Stericycle suspends services under this Agreement for any reason, including the expiration or termination of this Agreement or Customer's breach (see 2(c), above), Stcricycle may remove all containers belonging to it from Customer's {remises and assess a 550.00 pick up fee for tech removal. Any noncompliant containers will be billed an additional container charge at the current container rate. Non - compliant containers include containers that are overweight under applicable laws or regulations or in excess of 60 pounds or containers holding Nan - Conforming Waste, (including hazardous or radioactive waste or improperly packaged or labeled medical waste.) 4. Surcharge: Stericycle may also impose a surcharge in the event that Stericycle attempts to pick up waste at a Customer location (on either a scheduled pick -up or in response to a Customer request) and, through no fault of Stericycle, either (a) there is no Regulated Medical Waste for Stcricycle to pick up, (b) waste is not ready for pick -up or (e) the Customer location is closed. Excess waste volumes significantly greater than average volume for similar generators shall be subject to a surcharge at the current surcharge container rate (535.00) at Stericycle's discretion. Stericycle will impose this surcharge to doer abuses, including but not limited to, solid waste disposed in the medical waste stream, or Customer consolidation of the waste of several generators under one site. 5. Liability for Equipment: Customer shall have the care, custody and control of containers and other equipment owned by Stericycle and placed at Customer's grainless and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Stericycle. Customer agrees to defend, indemnify and hold harmless Stericycle from and against any and all claims for loss or damage to property, or personal injury or death, resulting from or arising in any manner out of Cstomer's use, operation or possession of any containers and other equipment furnished under this Agreement. Any damage or loss to such containers and equipment, other than normal wear and tear, will be charged to Customer at MI replacement value. 6. Indemnification: (a) Stericycle shall indemnify and hold Customer harmless Cram any liabilities arising from the gram negligence or willful misconduct of Stercyc)e in the performance of in obligation under this Agreement. Customer shall indemnify and hold harmless Stericycle from any liabilities arising from the gross negligence or willful misconduct of Customer, which shall, include, but not be limited to, failure topropedy store, package, label, or segregate Regulated Medical Waste and any liabilities relating to Non - Conforming Waste, whether or not collected, transported or treated by Stericycle. Each party agrees to pay the reasonable attorneys' fees and costs incurred by the other in bringing a successful indemnification claim under this Paragraph. Customer agrees to pay Stericycle's reasonable attorney's fees incurred for any successful defense by Stericycle ofa suit for indemnification brought against Stericycle by Customer. (b) Stericycle wilt indemnify and hold harmless any Customer who subscribes to a Preferred Program from any fine or portion thereof resulting from an OSHA citation explicitly describing a blood -borne pathogen or medical waste management practice specifically addressed only by the Preferred Program training and materials. Provided, however, that Stericycle's obligation to indemnify Customer under this sub - Paragraph (b) is contingent upon (1) Customer having followed or following each recommendation and instruction included in the Preferred Program (whether expressed verbally by employees or agents of Stericycle or as set forth in any written or electronic materials) and (2) Customer notifying Stericycle as soon as possible after it learns that it will be the subject of an OSHA inspection, and shall allow employees or agents of Stericycle to attend the inspection and to defend the Customers blood -boma pathogen and medical waste management practices during dm inspection. Customers failure to perform any of its obligations under this sub - Paragraph (b) to Stericycle's satisfaction shall absolve Stericycle of its indemnification responsibdities under this rub- Paragraph (b). This rub- Paragraph (b) applies only to the Preferred Lever Program. 7. Compliance Materisk: To the extent that Stericycle provides Customer with any electronic or printed materials (the "Compliance Materials ") it provides these materials subject to limited license to Customer to use the Compliance Materials for Customer's own, non - commercial use. Stericycle may revoke this license at its discretion at any time Customer may not copy or distribute the Compliance Materials in any manner, not use or republish the Compliance Materials for or to any third party or audience, including but not limited to business /trade groups orsmocianone, chambers of commerce, professional, (tetanal or educational associations or reciprocating or cooperating service providers. Customer acknowledge the prejudice that it causes to Stericycle by its violation of the foregoing terms as well as the difficulty in calculating economic damage to Stericycle as a result thereof and therefore arnica to pay to Stericycle the sum of 15000.00 for each such violation of those terns. Customer agrees to ream all Compliance Materials to Sicsicydc at Customar'e expense at the expiation or termination of this Agreement Stericycle may charge Customer a fee for failure to ream Compliance Materials at the expiration of the Tenn or a tuatocking fee for return of materials prior to the expiration of rise Tern. LAS Vol. --- — Pg 8. Compliance with Laws : Stericycle hereby agrees to arty General Liability, Automobile Liability, and Workmen's Compensation Insurance as required by applicable state Inv, and to otherwise comply with all federal and state laws, roles and regulations applicable to its performance hereunder. Aa of the date of this Agreement, . Stericycle has all necessary permits, licenses, zoning and other federal, state or local authorizations requited to perform the saviors under this Agreement and will flunish copies of those to Customer upon request Customer hereby agrees to comply with all federal and state laws, Hiles and regulations applicable to its handling of Regulated Medical Waste and its performance under this Agreement, including, without limitation, all applicable record keeping, documentation and manifesting requirement& Cristoma acknowledge that Stericycle has advised Customer of the Regulated Medical Waste service frequency requirements within their state (if applicable), and Customer has determined its desired frequency independent ofStericyck'a recommendation. Customer hereby agrees to indemnity and hold Stericycle harmless for any decisions around service frequency by Customer that do not comply with state regulations. Stericycle and Customer shall keep and main adequate books and tccorda and other documentation including personnel records, correspondence, astruetions, plans, receipts, vouchers, copies of manifests and tracking records consistent with and for the periods required by applicable regulations and guidelines pertaining to storage or handling of Regulated Medial Waste and the services to be performed under this Agreement 9. Ezcisvity:Customer agrees to use no other Regulated Medical Waste disposal service or method during the Term of this Agreement and any Extension Terms. 10. Excuse of Performance: Storicycle shall not be responsible if its performance of this Agreement is interrupted or delayed by contingencies beyond its control, jocluding, without limltatinn, nets of God, war, blockades, riots, explosion, strikes, lockouts or other labor or industrial disturbances, fires, accidents to equipment, injunctions or compliance with laws, regulations, guidelines or orders of any governmental body or instmmenality thereof (whether now existing or hereafter crated). 11. Independent Contractor: Sterioyele's relationship with Customer pursuant hereto is that of an independent contractor, and nothing in this Agreement shall be construed to designate Stericycle as an employee, agent or partner of or ajoint venture with Customer. 12.Amendment and Waiver: Changes in the types, size and amount of equipment or the frequency of service may be mutually agreed to orally or in writing by the parties, without affecting the validity of this Agreement Consent to oral changes shall be evidenced by the practices and actions of the parties. All other amendments to this Agreement (other than as provided in 2(b)) shall bo effected only by a written instrument executed by the parties. No waiver shall be effective unless submitted in writing by the party granting such waiver. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision of this Agreement and no waiver of any breach or duty under this Agreement shall be deemed a waiver of any other breech or later instances of the same duty. 13.Savags Clause. In case any one or more of the provisions contained in this Agreement shalt, for any reason, be held to be invalid, illegal or unenforceable In any respect such invalidity, illegality orunenforcability shall not effect any other prevision of this Agreement; this Agreement shall be construed as it such invalid, illegal or unenforceable provision had never been confined herein, unless such finding shall impair the rights or increase the obligations of Stcricycle hereunder, in which event, at Stericycle's option, this Agreement may be terminated. 14. Entire Agreement: This Agrceanad (including any attachments, exhibits and amendments made in accordance with Paragraph 12) constitutes the entire understanding and agreement of the parties and cancels and supersedes all prior negotiations, representations, understandings or agreements, whether written or oral, with respect to thesubject matter of this Agreemeut This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns legal representatives and heirs of the parties hereto provided, however, that Customer may not assign ib rights or delegate its obligations under this Agreement without the prior written consent of Stericycle, which consent of Stericycle may not unreasonably withhold 15.Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the conflicts of laws or rules of any jurisdiction. 16. Notices: All required notices, or those which the perties may desire to give under this Agreement shall be in writing and sent to the parties' addresses set forth above. 17.Origlnals: A copy or facsimile of this Agreement shall be as effective as an original. 18. Purchase Orden: Any terns or conditions contained in any Purchase Order, Purchase Order Agreement, or other invoice acknowledgment, Order by Customer or proposed at any time by Customer in any manner, which vary from, or conflict with the terms and condition in the Sterioyclo Service Agreement are deemed to be material alterations and are objemed to by Stericycle without need of further notice of objection and shall be of no effect nor in any circumstances binding upon Storicycle unless expressly accepted in writing. IfCustomefs standard purchase order form is provided to Stericycle in connection with this Agreement, the tams and conditions for that Purchase Order will be superseded by the provisions of this Agreement and the use of the purchase order shalt be only to facilitate Customer's payment of fees to Stericycle. Written acceptance or rejection by Stericycle of any such terms or conditions shall not constitute an acceptance of any other additional terns or conditions. 1 '45 P aa� Vol. g• V ol. X45 p 2' 1 BRAZOS COUNTY, TEXAS members were present: BUDGET AMENDMENT(S) FOR THE 2010 - 2011 BUDGET YEAR NO. 10111 —27,1 On this the 19th day of April 2011 at a regular meeting of the Commissioners' Court, the following A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, 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 19 day of April 2011 the Court heard and approved a budget amendment for the 2010- 2011budget 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 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 19' day of April 201 1. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: C D Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 0230 Vol. 1 14 5 Pg. Prepared By: Date: ilk 4/11/2011 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 -27.1 4119/2011 FUND 5000 5000 DIV 64005000 64005000 ACCT 71112000 72590000 Group Insurance Fund PROJ DRICR CR DR ACCOUNT NAME Health & Life - Medical Clains Professional Fees -Other Increase 7,500.00 Decrease 7,500.00 Reallocation of funds for additiona profess onal fees for FY 2011. This will fund the payment of professional services provided by Transparent Systems, LLC for Pharmacy Benefit Management Procurement Services. Department Qounty Judge Approva t 4 of, pg. VOL a31 Date 41-71T7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 19, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Building Maintenance CA Records Management Employee Request Applies To Gilmore, Paul Hayes, Kenneth Suhling, Kendra Approved in Commissioners' Court: A ril 19 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 14 Pg. Action Requested Step Increase Step Increase Cell Phone Allowance Lockledge, Deborah Job Complete