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HomeMy WebLinkAbout2011-06-07-4:00PM-REGULARit .p, �tiff BRAZOSCOUNTY BRYARTEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 7, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 18: 3. Order 11 -007 Prohibiting Outdoor Burning. 4. 6 Ap proval fo Out-of-State travel for Lt John Pollock and Investigator Paul Martinez to atten training for the 1 2Group Crime Analysis Software Travel dates are Sunday July 31 st through FrldaV A ugust 5th, 2011 in Las Vegas. Nevada. 6 Request f Cell Phone Allowance for one (1) Road and Bridge employee - General Supervi Class Code 2605 Position 1 in place of a County Issued cell p hone. 7 Request by Juvenile for approval of contract with Victoria County for Detention Se rvices. g Reques b Juvenile for approval of contract with Victoria County for Residential Servic g Approval of contract renewal and master agreement with Managed Network for internet service. 10. C Vol. ___Li! ' Pg.____L 11. 12. Agmroval of c apital requisition # 00033953 to Inx Inc for $25,449.43 for t he purchase of a Web Filter for Brazos County, 13. Tax Refund Applications for the following: • a Oa kwood /Country Village MHC LP- overpaym $25. • b Do Harel Talpaz Tribeca Hardware - overpaym $ 2029 . 58 • c William F & Alma J Yeoman - overpayment $ 2 8. 68 14. Commissioners Court minutes for the following dates: • a May 3 2011 Regular Meeting • b May 10 2011 Regular Meeting • c May 17 2011 Regular Meeting • d May 24 2011 Regular Meeting • e May 31 2011 Regular Meeting 15. Budget Amendments. Budget Amendments FY 10/11 - 34.1 - 34.5 16. 17. Personnel Change of Status. Personnel Action Forms 18. Payment of Claims. 19 . Acknowledgement of the Monthly Reports submitted in May 2011. These repot review in the County Judge's Office. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and /or concerns. 22. Agency/ Board/ Committee reports by Court members. 23. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. 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. pg. I BRAZOSCOUNTY BRYAN,TEXAS MINUTES June 7, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was called to order 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, June 7, 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; IrmaCauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge then closed the meeting in room 106 and announced that Commissioners Court would reconvene in room 126. The County Judge reconvened at 4:04 p.m. in the office of Justice of the Peace Precinct 2, Place 1 and proceeded to consider the agenda items. 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. There was no citizen input. Vol. 14 t Pg.- /q` Consider and take action on agenda items 3 - 18: 3. Order 11 -007 Prohibiting Outdoor Burning. Order 11- 007.pdf After considerable discussion, the motion was to approve the new Order being prepared by Court counsel, prohibiting all outdoor burning, but including a provision for a welding exception with specific guidelines. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -1. Members voting Aye: Catalena, Cauley, Peters, Wasserman . Members voting Nay: Mallard . 4. Order 11 -006 prohibiting the sale or use of fireworks classified under 49 C.F.R. part. 173.100(r)(2) (10 -1- 86 edition), as "skyrockets with sticks" and "missiles with fins" in any portion of the unincorporated areas of Brazos County. Order 11- 006.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman. 5. Approval for Out -of -State travel for Lt. John Pollock and Investigator Paul Martinez to attend training for the i2Group Crime Analysis Software. Travel dates are Sunday, July 31 st through Friday August 5th, 2011 in Las Vegas, Nevada. iD- Item 5.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wasserman . 6. Request for Cell Phone Allowance for one (1) Road and Bridge employee - General Supervisor, Class Code 2605, Position 1 in place of a County issued cell phone. Dom Item 6.pdf Mr. Jon Jones opted to use his personal phone and receive a cell phone allowance rather than keep up with multiple phones. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman. 7. Request by Juvenile for approval of contract with Victoria County for Detention Services. D Item 7.pdf Term of the contract is from September 1, 2011 through August 31, 2012. Compensaion to the provider is $100 per day per child. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wasserman . 8. Request by Juvenile for approval of contract with Victoria County for Residential Services. D Item 8.pdf Term of the contract is from September 1, 2011 through August 31, 2012. Compensation to provider is as follows: ' 2C) Vol. Pg• Basic Level of Care $98 per day per child Specialized Level of Care $140 per day per child A copy of the contract is attached. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman. 9. Approval of contract renewal and master agreement with Managed Network for internet service. {�- Item 9.odf Cost is $125 per mbit or $750 for 6mb per month. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman . 10. Request for permission to enter Kelly Burt's property located at the end of Timberwilde Drive for the purpose of stock piling seal coat rock in a specified area to be used for Timberwilde Drive and Woodglen Circle total reconstruction project. Request is for the health, safety and welfare of the general public. Site is located in Precinct 2. 1D Item 10.odf Upon completion of road work, the County will remove excess material and restore the site as close as possible to its original condition. No additional maintenance will be required. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 11. Approval of a manual capital requisition to i -2 Incorporated in the amount of $36,299 for software for the Sheriff's Department to be paid for by grant money. LD Item 11.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 12. Approval of capital requisition # 00033953 to Inx, Inc. for $25,449.43 for the purchase of a Web Filter for Brazos County. D Item 12.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 13. Tax Refund Applications for the following: a. Oakwood /Country Village MHC LP- overpayment- $25.22b. Dov Harel Talpaz Tribeca Hardware - overpayment- $2029.58c. William F & Alma J Yeoman - overpayment - $28.68 1 Item 13.odf Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman. Vol. I � Pg. col 14. Commissioners Court minutes for the following dates: a. May 3, 2011 Regular Meetingb. May 10, 2011 Regular Meetingc. May 17, 2011 Regular Meetingd. May 24, 2011 Regular Meetinge. May 31, 2011 Regular Meeting The minutes were approved as submitted. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wasserman . 15. Budget Amendments. Budget Amendments FY 10/11 - 34.1 - 34.5 D Item 15.odf 34.1 Reallocate funds for Jail Expansion 2007 34.2 Reallocate funds for County Clerk 34.3 Receipt of DEAAG Military Preparedness Grant: Green Vax Project funds 34.4 Reallocate funds for Road and Bridge 34.5 Reallocate funds for Capital Improvement Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wasserman. 16. Approval of a manual capital requisition to AAR, Inc. for $48,700 for the Courthouse renovation Phase III asbestos abatement. D= Item 16.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wasserman . 17. Personnel Change of Status. Personnel Action Forms D Item 17.odf 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. 18. Payment of Claims. 7087106 through 7087296 Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wasserman. D Claims Sheet.odf 11- BILL LIST 6.7.11.odf 19. Acknowledgement of the Monthly Reports submitted in May 2011. These reports are / q � Vol. Pg. �� available for review in the County Judge's Office. 0 Item 19.ndf The Court acknowledged receipt of the Extension Service reports submitted in May 2011 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable, Precinct 2 Constable, Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and /or concerns. Sheriff Chris Kirk said that there were 611 inmates in jail, 52 have electronic monitors and 60 are pending for monitors. Charles Wendt, Purchasing Agent introduced Casey Stracner, the new Assistant Purchasing Agent to the members of the Court. Commissioner Wassermann introduced his wife and announced that they had been married 53 years today. 22. Agency/ Board/ Committee reports by Court members. There were no agency /board /committee reports. 23. Adjourn. Vol. 1 �(P p ,?o ,3 The foregoing minutes of the Commissioners Court meeting held June 7, 2011 have been examined and are approved in open Court this the / 2 — day of ,2011, in Bryan, Brazos County, Texas. Duane Peters Lloy Wassermann County Judge Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 I31ma Caul y Commissioner, rec'nct 4 Attest: C Karen McQueen County Clerk Kenny Mall d Commissioner, Precinct 3 Vol 14 Page - 1 0 q BRAZOS COUNTY COMMISSIONERS COURT Meeting on t-e ' 200 @ `y0 pl►� PAGE 1 of.2L �� Vol. PA' z4- '�© s War , LF INS r � PAGE 1 of.2L �� Vol. PA' z4- '�© s COMMISSIONERS COURT ORDER PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazos County Texas for the duration of the above mentioned declaration; Action Prohibited: A person violates this order if he or she bums any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2. Enforcement: A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name of the person receiving the warning. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. 4. This Order prohibiting Outdoor Burning takes effect on June 7, 2011 and will expire on September 5, 2011, unless terminated earlier by the Commissioners Court. 5. Exception: Welding may be allowed under the following guidelines only: A. Provide a spotter for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark. B. Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height of the actual welding, whichever is greater. (Example: if the welding is occurring ten feet off the ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary measures must be taken (Example: protecting brush, etc, by utilizing fire resistant tarps). C. Maintain a minimum of 100 gallons of water at the site. D. Maintain a minimum of one (1) water pressure fire extinguisher per spotter E. No welding shall occur if winds are greater than 20 mph or relative humidity is less than 30 %. F. Prior to conducting any welding activity, the welder shall give notice to the Brazos County Risk Manager and Brazos County Emergency Services (979 - 779 - 0911). The notice may be by phone but shall give the name of the welder conducting the welding Vol. j 4 � pg. Q 0 ( , Order 11 -007 operation, the location of the operation, cell phone number of other contact information, and the name of party responsible. BE IT ALSO ORDERED that this order may be enforced by any duly - commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. APPROVED, this 1 1% day of LI Ll� 1 P� 20_• Duane Peters, Count a� TAG LC G� Comte sioner Lloyd Wassermann Precinct 1 Commissioner K y Mallar Precinct 3 Vol. I q ( P Pg. °2 V 7 Order ll -007 ORDER NO. 11-006 WHEREAS The Texas Forest Service has determined that drought conditions exist in Brazos County; and WHEREAS on the 7` day of June, 2011, the Commissioners Court of Brazos County has determined that the normal danger of fire in the unincorporated areas of Brazos County is greatly enhanced by the extremely dry conditions now existing; NOW THEREFORE, the Commissioners Court of Brazos County adopts this Order prohibiting the We or use of restricted fireworks in the unincorporated areas of Brazos County. A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R. part. 173.100(r)(2) (10 -1 -86 edition), as "skyrockets with sticks" and "missiles with fins" in any portion of the unincorporated area of Brazos County. B. This Order does not prohibit: 1. Common fireworks, small in size, classified as Class C explosives; 2. Large fireworks devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and classified as Class B explosives by the U.S. Department of Trans. [TEX. OCC. Code, Chapter 2154]. C. A person commits an offense if the person knowingly or intentionally violates a prohibition established by this Order. An offense under this Order is a Class C Misdemeanor. MOTION TO APPROVE was made by �Cnl M I' W k a and seconded by l�mlY�i sSion�r �s5er�n n APPROVED this 7 day of June, 2011 by a vote of 1-5 Ayes and Q Nays. Duane Peters, County Judge C.CJ o �Ll.�. /ltd -.tom_ Conimissioner Lloyd Wassermann Precinct 1 Commissio y Mall Pr& mat 3 A - ornin 0M Precinct 2 Co _ . ) � uley VOI. / q . � p � Q F CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM DE'T'ENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE ,JUSTICE CENTER Detention Services September 1, 2011 - August 31, 2012 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative ( hereinafter "Juvenile Probation ") and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Victoria County Juvenile Justice Center ( hereinafter "the Facility") by the Victoria County Juvenile Services Department ( hereinafter "Service Provider") pursuant to license granted by the Texas juvenile Probation Commission and/ or any other appropriate State agency with licensure or regulatory authority over this facility ( " Service Provider "). ARTICLE I PURPOSE 1 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the Juvenile justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre - trial and pre- -disposidional status or in the post dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is Iocated at 97 Foster Field Dr, Victoria, Texas 77904 ARTICLE II TERM 2.01 The germ of this agreement is for 12 months, commencing September 1, 2011 and ending August 31, 2012, unless one party notifies the other in writing 30 days prior notice of intent to termina the agreement sooner. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty -four hours per day, seven days a week, routine medical examination and treatment within. the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. Victoria County Juven4e Justice Center Detention Services Agreement September 1, 2411— August 31, 2612 B. If emergency examination, EMS treatment, health care treatment and /or hospitalization outside the Facility ( "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Admmisixatgr shall notify the appropriate juvenile Probation officials of Outside Treatment with twenty -four (24) hours of its occurrence. C. Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervWor1 , as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile Court having jurisdiction or its designated official. Children not released within forty -eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re- admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by space availability. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non - offenders as dependent or neglected children." Section 223(a) (12) (A), juvenile Justice Delinquency Prevention Act No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional. If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit; dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, Bien the Administrator shall notify juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event no longer than four (4) hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre - adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of the new Order has been r" z ID Vol. -I q `fi . " Pg. o Z Victoria County Juvenile Justi" Center Ddention Services Agrcwznt September 1, 2011— August 31, 2012 delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of the Brazos _County. J. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Probation Commission and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for each child, including awake staff during sleeping hours in a Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile Probation Commission. Facility personnel admirdstering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date a dministe red. The MAYSI -2 shall then be promptly provided to Juvenile Probation of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that noticing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100. 00 per day for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Psychological services will be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. CO3 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service V ol. 1 4 k ' Pg.- Victoria County Juvenile Justice Center Detention Services Agreement SVtanber 1, 2011— Au" 31, 2412 Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year- 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal. Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.005. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDMONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in Secure Short-Term Detention, Juvenile Probation shalt call the Facility to ensure that space is available. Placement of children by authorized officer's of Juvenile Probation may be denied if space limitations require as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order / authorization from the Juvenile Court of Brazos County. Vol. 1 4 (� 4 p l Victoria County Juvepiie Justice Custer Detention & vices Agreement SgAember 1, 201 1 — August 31, 2012 ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questio to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested_ Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VII CONFIDENTIAL= OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the infort ation except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 356, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manne A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty -four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and s x.13 Vol. _ _ Pg- victoris County Juvenile Justice Center Dctcntion Services Agm mont September I, 2011— August 31, 2012 2. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1- 512 - 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1- 877 -786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Probation Commission within 24 hours of receipt, and 3. With respect to juveniles placed by juvenile Probation, the TJPC Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number 979L - 82kQI,Land Service Provider shall contact Juvenile Probation by telephone at 979- 823 -3544 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement-, 2. Texas Juvenile Probation Commission immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling tolls -free 1:-877-7W7263. Within 24 hours of the report by phone, the completed TJPC Incident Report Form shall be submitted by facsimile number 1- 512-424 -6717 or by email; and 3. With respect to children placed by Juvenile Probation, the TJPC Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number 979 - 823 - 4211 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, Iearning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non - contact. N10 1. , q �p_ Pg. ' 114 Victoria County Juvenile Justice Center Detention Services Agreement September 1.2011— August 31, 2012 D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non - secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction, A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE D: CRRVUNAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9,02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint-based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent crimin activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; mir mum of three (3) years; or until any pending litigation, claim,, audit or review and all questions arising there from have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: 4 /0 0- VOL j `�" Pg. Victoria County Juvenile Justice Center Detention Services Agreement September 1, 2011— August 31, 2012 A. A felony conviction against the laws of this state, another state, or the United States within the past teen 10) years; S. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United Stains within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right; in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, inters, volunteers, subcontractors, agents and/ or consultants that have direct contact with children; C. Any arrest of any employee, intent, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; 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 A. --_ I Y (P 8 Pg '-) I IV Victoris County Juvenfle Justice Center Detwtlm Services Agreement September 1, 2011— August 31, 2012 and/ or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children 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 children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct unsupervised contact with children in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intem, volunteer, subcontractor, agent and/ or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE Xi EQUAL OPPORTUNM 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discrimin against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT &c SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE )CM 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. 9 Vol. 1 � p �2 17 Victoria County Juvenile Justice Center Detention Services Agreement September 1, 2011— August 31, 2012 ARTICLE )(IV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement;, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its berms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to termin or B. Upon expenditure of available funds. 15.02 If at anytime during the term of this agreement juvenile Probation,, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediatOy suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS &z WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing 10 Victorb County Juvenile Justice Center Detention Services Agreement September 1, 2011— August 31, 2012 limits of $100,000 per occurrence and $300,000 aggregate. CRxffkate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile Probation Commission administrative rules regarding abuse, neglect, exploitation, death or serious incidents, and that;, if it has employees, interns, volunteers, subcontractors, agents and/ or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices /facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas. ARTICLE M VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held in be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shalt not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXi PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juven le Probation for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction �� x,, Vol. I Pg. — a2 1 victoria County Juvenile Justice Center Detwdm Services Agreement September 1, 2011— August 31, 2012 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN pYTINESS WHEREOF, we hereunto affix our signature this day of Brazos County Probation Department CQ 4+yv"r' 4r Chief juve Probation Officer Victoria County juvenile justice Center Don R. PozzL County Judge CounEy Stephen Williams - - - -- Chairman, juvenile Board Authorized Official Vol. ' 4 � '12 Pg. 0 7,2 0 CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDENTIAL SERVICE OF TUVENTLE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILB JUSTICE CENTER Residential Services Seytember 1, 2011- AUguust 31, 2012 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative (hereinafter, "Juvenile Probation") and the Victoria County juvenile Board„ acting by and through its duly authorized representative and County Judge, concerning residential care services provided at the Victoria County Juvenile justice Center (hereinafter „ the Facility") by the Victoria County juvenile Services Department (hereinafter, "Service Provider") pursuant to license granted by the Texas juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over the facility ( "Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The Facility to be utilized is operated by Service Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904. ARTICLE II TERM 201 The term of this agreement is for 12 months, commencing September 1, 2011 and ending August 31, 2012, unless one party notifies the other in writing 30 days prior notice of intent to terminate the agreement sooner. ARTICLE III SERVICES 3.01 The two level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Probation Commission_ Service Provider will provide the following level of care services: Vol. _ ) pg, d-) 1 vietoris County Juvenile Justice Center Residerdiai Services Agreement Sept=ber i, 2011 — August 31, 2012 A. Basic Level of Care consists of a structured, supportive residential setting that is designed to maintain or improve the child's functioning. It includes routine guidance and supervision to ensure the child's safety, involvement in age - appxopriate structured activities, rehabilitative services and guidance from professionals or paraprofessionals to help the child attain or maintain functioning appropriate to the child's age and development. Basic Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. All Secure Post - adjudications facilities that are registered with the Texas Juvenile Probation Commission and certified by the local juvenile board qualify for the daily rate listed above. B. Specialized Level of Care consists of a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the child's functioning. These services reflect a full range of social, psychosocial, and rehabilitative interventions and may include, but are not limited to, substance abuse services, sex offender treatment, special populations, mental health services and services for pregnant females. Specialized programming is developed and implemented by appropriately c redentialed professionals. The provision of individual, group and family therapy and other therapeutic interventions and programs, are managed and administered by appropriately licensed mental health professionals (e.g., psychiatrists, psychologists, therapists, counselors or paraprofessional staff under the direct supervision of professional therapists or counselors). Review of a child's continued need for specialized services shall be conducted at least every 90 days by an appropriate mental health professional and/or treatment team. S pecialised Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. Secure Post-adjudications facilities that are registered with the Texas Juvenile Probation Commission (TJPC) and certified by the local juvenile board may qualify for this higher level of funding by submitting an application to TJPC for approvaL 3.02 Service Provider will perform the following services: A. Provide basic residential services, including. standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, and room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents, and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shall be submitted to Juvenile Probation within ten (10) working days. 2 Vol. v e Pg.— Victoria county Juvenae Justice Center Residential Seavices ASM—eai September 1, 201 1 — August 31, 2012 D. Ensure that the child's parent(s) or legal guardian(g) and juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. Juvenile Probation and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to juvenile Probation a written Individualized Treatment/ Case Plan developed in concert with the child and mutually agreed upon by the appropriate Service Provider staff and Juvenile Probation within thirty (30) days of placement. Said Individualized Treatment/ Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Treatment / Case Plan with the child and the assigned Service Provider staff at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment /Case Plan shall contain the reasons why the placement may benefit the child; shall specify behavioral goals and objectives being sought for each child, shall state how the goals and objectives are to be achieved in the placement; and shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Treatment /Case Plan and the periodic reviews. H. Provide Juvenile Probation with a written report of the child's progress on a monthly basis in a Monthly Progress Report. I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic Inspection- 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 children in program successfully achieving set educational goals, percentage of children achieving set vocational goals, percentage of children achieving set social skills goals, percentage of youth demonstrating overall progress, and number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect These records shall be made available to juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile 3 Vol. l pg. ,2 _2-3 Vlatoria County Jsvrm le Justice Canter ResidentW SaMces Agm -ement September 1, 2011— August 31, 2012 Probation, Medicaid or health insurance.. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of juvenile Probation will be evaluated on the basis of the output and outcome measures contii ed 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 th six (6) months following release from residential placement 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement 2, The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in thew Level of Care. Notwitftstandmg the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 service provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by juvernle Probation in order to monitor service Provider for programmatic compliance with this Agreement Vol. 4 pg. Victoria County Jnventle Suidee Center Residential Services Agreement September 1, 2011— August 31, 2412 .ARTICLE V COIyII'ENSA ON 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of f!2 00 per day for each child whether male or female, admitted under "Basic" Level of Care, $ 140.00 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas juvenile Probation Cosa mission. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Female Offender and Pregnant Offender Programs are recognized as a Specialized Treatment program and payment for the same shall be at the Specialized Level Care rate set forth above. Payment is due within 30 days of receipt of billing and shall be mailed to: Victoria County juvenile justice Center 97 Foster Field Dr. Victoria, Texas 77904 AM Pama Hencerling, Chief JPO 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to juvenile Probation. An initial psychiatric /psychological evaluation that has been conducted within the last 12 months is required prior to acceptance into the program. 5.03 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement Invoices submitted by Service Provider in proper form shall be paid by juvenile Probation in a timely manner. 5.04 juvenile Probation shall be responsible for all of the juvenile's medical expenses, And Juvenile Probation agrees to mdenuufy and hold the Service Provider, its officers, a dministr ator, representatives, agents, shareholders and employees from any and all liability for charges for medical expenses. If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility (hereinafter, "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility(hereinafter, "the Administrator ") is authorized to secure the Outside Treatment at the expense of juvenile Probation. The Administrator shall notify juvenile Probation of Outside Treatment within twenty -four (24) hours of its occurrence. juvenile Probation shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post-Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. In all other medical situations, the Service Provider is authorized, but not required, to make arrangements with vendors, at juvenile Probation's request, for the provision of medical treatment at the expense of juvenile Probation. If the Service Provider makes such arrangement, the Service Victoria County Juvenile Justice Center itcsidential Services Agreement Septembcr 1, 2011 — August 31, 2012 Provider is authorized, but not required, to seek coverage or reimbursement of expenses from all sources, including but not limited to, Medicaid, Social Security, medical insurance coverage, or contributions from parents or others 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 time services were provided and such other information deemed necessary for adequate fiscal control. In any event, responsibility for payment to vendors or reimbursement to Service Provider is the ultimate responsibility of Juvenile Probation. Service Provider will invoice Juvenile Probation for any non - reimbursed funds advanced by the Service Provider, and the Juvenile Probation will remit to the Service Provider, within 3D days of invoice, full and final payment. 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from juvenile Probation under this Contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAA.P): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditurm of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract_ 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this Contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer, Service Pro'v'ider will not contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive stage funds as required by Texas Family Code Section 231.046. 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDMONAL TERMS & AGE Vol. 1 4 � 6 Pg. a J (P victoria County Juvenile Justice Center Residential Services Agreement September 1, 2011— August 31, 2012 6.01 Prior to transporting a child to the Facility for placement, juvenile Probation shall call the Facility to ensure that space is available. Placement of children by juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Administrator of a proper order from the Juvenile Court of Braz_.nj; _ County and other documentation required by Service Provider. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from juvenile Probation and the child thereafter is de termine d to be, in the sole judgment of the Administrator, mentally or physically unfit, d or unman ageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, than the Administrator shall notify Juvenile Probation of Brazos County of this determination. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally authorized the placement of the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Juvenile Probation or other appropriate authority of $raz )s County pursuant to: (a) Section 6.04 of this Contract or, (b) an Order of Release signed by the judge of the Juvenile Court of Bxazo County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Bps County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the child's placement with Service Provider at its discretion. Service Provider must not release a child to any person or agency other than Juvenile Probation without the written consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 701 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the Vol. 1 7 o Pg. dc�L 7 Victoria County Juvenile Justice Center Residential Services Agreement September 1, 201.1 — August 31, 2012 staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by juvenile Probation 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this agreement; and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation, Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement 7.05 "Contractor (aka "Service Provider") understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Contract, or as may be required by law. ARTICLE D( DUTY TO REPORT 9.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty -four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1- 512.424 -6717 (or of 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). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent Vol. I 'f L , _ Pg. ') a S Victoria County Juvenile Justice Center Residential Services Agreement Sg3tember 1, 2011— August 31, 2012 to the reported incident shall be submitted to the Texas Juvenile Probation Commission within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJPC Incident Report Form shall also be sent to $razes County Juvenile Probation Department within 24 hours at facsimile number 979 -8 3 -4271 B. For allegations and incidents of sexual abuse or serious physical abuse: Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Probation Commission immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll-free 1- 877 - 786 -7263. Within 24 hours of the report by phone, the completed TJPC Incident Report Form shall be submitted by facsimile number 1- 512 - 424 -6717 or by email; and 3. With respect to children placed by Braxoo County Juvenile Probation Department, the TJPC Incident Report Form shall also be sent to B razos County Juvenile Probation Department within 24 hours at facsimile number 979 --823 -4211. 9.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a child, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 9.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect; exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a child that includes sexual abuse by contact or sexual abuse by non- contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. y Vol. Pg. o `� a Victoria Couaty Juvenile Justice center Residential Services Agreement Septmnber 1, 2011 — August 31, 2012 E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves children under juvenile court jurisdiction, The term includes: a public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non-secure juvenile post-adjudication. residential treatment facility housing children under juvenile court jurisdiction F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves children under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE X CRIMINAL HISTORY SEARCHES 10.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 10.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint-based adminah history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C Federal Bureau of Investigation fingerprint-based criminal history background search at the National Crime Information Center; internet -based searches shall not be used to conduct this background search. 10.03 A copy of the initial crimin history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; m,nn um. of three (3) years; or until any pending litigation, claim„ audit or review and all questions arising there from have been resolved. 10.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following. A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; Vol. 1 q 4 t o Pg a 3� Victoria County Juvenile Justice Center Residential Services Agreement September 1, 2011 — August 31, 2412 D. A jaiiable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, 10.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 10.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a Juvenile justice program. 10.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE XI DISCLOSURE OF INFORMATION 11.01 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 children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and /or exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/ or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current 11 a� l Vol. t - � pg. Victoria County Juvenile Justice Center Residential Services Agreement September 1.2011— August 31, 2012 felonry or misdemeanor probation or parole, (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/ or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 11.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual,, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XIl EQUAL OPPORTUNITY 1201 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XIII ASSIGNMENT & SUBCONTRACT 13.01 Service Provider may not assignor subcontract any of its rights, duties and/or obligations arising out of this Agreement without the written consent of juvenile Probation. ARTICLE XIV OFFICIALS NOT TO BENEFIT 14.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XV DEFAULT 15.01 juvenile Probation .may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not 12 vol. 1 `� Pg. a3A Victoria County Juvenile Justice Center Residential Services Agroenzat September 1, 2411— Augunt 31, 2012 cure such failure within a period of ten (10) days. ARTICLE XVI DaM NATION 16.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 16.02 If at any time during the term of this agreement juvenile Probation, in its sole discretion, deternnines that the safety of children being served under this Agreement may be in jeopardy, juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVII WAIVER OR SUBROGATION 17.01 Service Provider expressly waives any and all lights 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 XVU1 REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following. A. That it has all necessary right; title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for, that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to juvenile Probation. Furthermore juvenile Probation shall be notified immediately upon arty changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect;, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable 13 Vol. �P p 23 3 n se or i"T 1. BRAZOS COUNTY, TEXAS PRIVATE PROPERTY ACCESS PERMISSION FORM Duane Peters Brazos County Judge Lloyd Wasserman Brazos County Road and Bridge Dept. Commissioner Pct 1 2617 Hwy 21 West Bryan, Texas 77803 Sammy Catalena Office # 979- 822 -2127 Commissioner Pct 2 Fax # 979- 775 -0453 Kenny Mallard Commissioner Pct 3 Irma Cauley Commissioner Pct 4 DATE: _May 31, 211 I. LAND OWNER AND ADDRESS: Kelly Burt / Kelly Burt Dozer, 6217 E Hwy 21 Bryan Texas, 77808. II. LOCATION OF WORK: End of Timberwilde Drive located in Timberwilde Subdivision. III. DESCRIPTION OF WORK TO BE DONE: Request permission to enter your property to stock pile seal coat rock in a specified area to be used for Timberwilde Drive and Woodglen Circle total reconstruction proiect; for the health safety and welfare of the general public Upon completion of road work, County will remove excess material and restore site as close as possible, to its original condition. IV. MAINTENANCE YES ^ NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: n Richard F. Vance, P. Engineer Aide/Foreman /Right of Way Agent County Engineer Owner's Signature: Date: ') 4� Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 34.1 6!7!2011 FUNDI DIV I ACCT IPROJIDRICRI ACCOUNT NAME Increase I Decrease 4308 63430800 80130000 CR Building- Sheriff Jail 44,950.10 4308 63431000 80101003 DR Bld. Renov - Courthouse 44,950.10 ail, Expansion 2007 Reallocation of funds to proper account for asbestos removal at the Courthouse in prepartion of Phase III Renovation. This portion is of removal is for detention areas of the remodel. r r r ,� Pg 144 4 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 34.2 6/7/2011 FUND DIV ACCT PROJ DR1CR A_CC_O_ UNT NAME Increase Decrease 0100 210001 54100000 CR DDEA y_ _ _ _ _ 1,000.00 0100 21000100 67050000 DR Appliance 1,000.00 County Clerk M Reallocation of funds to purchase a side b side reft erator with ic e maker_ 1of1 Vol. 1 4 � Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 34.3 617/2011 FUNDI DIV I ACCT IPROJIDRICRI ACCOUNT NAME Increase Decrease 3000 111000 1 73426000 1 1 DR I Defense Eco. Ad. Assist. 200,000.00 3000 1 48032000 1 1 CR JDEAAG -Military Preparedness 200.000.00 DEAAG Military Preparedness Grant: GreenVax Project To recognize $200.000 received from the OOG for the GreenVax Proiect. Prepared By tntri: 1 or 1 Vol. q Pg. °? 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 1011'! - 34.4 9171 'lnl i FUNDI DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 56001000 617500 _ CR Telephone - Cellular t92. 00 0100 56001000 51730000 DR Celt Phone Allowance I60.00 0100 56001000 53100000 DR Social Securi 12.00 0100 56001000 53200000 DR. Retirement 13.00 0100 56001000 53800000 DR Workers Com 7.00 Road and Bridge Funds to cover cell 0one allowance_ Service on 1 county issued c ell phone has been cancelled. Prepared Sy nnm,' Date' 61.112U14 1 of l VOL 14 � pg. a� 7 Department ApproVai Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 34.5 617/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 60360000 DR Furniture 3 78 . 40 4500 63000500 67342000 CR Furniture _ 378.40 Impr. Funds & Collections Reallocation of funds to proper accounts for purchasing furniture for Collections. Prepared By nnrtz Date;_ 6x'212011.' /� 1 of 1 V Ol. l 4 Y Pg• ,gpartmenEApprvval PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 7, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To IT Patten, Josh Resignation Juvenile Aguilar, Manuel Transfer w /in Dept. Daily, Apollos Step Increase Mabie- Toliver, Kami Step Increase Martin, Barbra Transfer w /in Dept. Pennington, Shawn Step Increase Road & Bridge Jones Jon Cell Phone Allowance Richardson, Billy Termination SO — Jail Forrest, William Resignation Williams, Kimbaly Resignation Approved in Commissioners' Court: June 7, 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. p a 4 �