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2011-06-28-4:00PM-REGULAR
BRYAKTEXAS NOTICE OF MEETING AND AGENDA 2 ? P 3. 00, .'i, f•r' ^re BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 28, 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 Judge Peters 2. Call for Citizen input and/or concerns. 3. Presentation(s) a Presentation regarding Delinquent Property Tax Collection Activity for the Period of March 1. 2011 through May 31, 2011. b Presentation by CGI Communications regarding the 2011 County Showcase Program Consider and take action on agenda items 4 - 27: 4, CAMsider and take action on Order #11 -008 for the renewal or continuance of the declaration of a local d1sagWr Qrocialmed by County Judge Duane Peters on June 23. 2011. 5- g, Reauest approval for Travel Policy Change - Increase In County mileage reimbursement rate to reflect increase In Federal business mileage rate. 7. A Vol. 1 3 pg. 47 BRAZOSCOUNTY 4 10. 11. 2. Request aDprovgl for New Local Prosecuting Agreement Contract and the Texas Health and Human Service Commission -Office of Inspector General. 12. Rggue t6 fo a of the 2011 Byrne Justice Assistance Gmnt (JAG) Program Inter -Local Agreement `et en Brazos County and the Cities of3rvan and College Station by Brazos County Sheriff's Office. 13. Reque ADgroval for Contract with Nueces County for Rgslde tlal services 14. Reconsider payment authorization to Brazos Valley Transport This was approved for the Incorrect amount at a areylogs meeting 15. ADgroval of payment authorization to Rosser International Inc In the amount of $3.685. for R_eImbursables and travel expenses. 16. App roval of reaulsitlon # 00034279 to Collier Construction Inc in the amount of S3 ,445.28 for modifications fort the EXPO Expansion Protect to two sidewalks In order to add wheel chair ramps 17. Approval of requisition # 00034096 in the amount of S654.64 to CDW Govenment Inc for the purchase of a n 1 AD for Juatice of the Peace Pct 2. This purchase will made from the JP Tech noloav Funds. 18. ADR r o val of license agreement with Whell Repair Information Company In order for the R oad and Bridge DeRartment to use a repair help website for County owned equipment and vehi 19. Request Dermisslon to advertise RFP # 2011-33 for Legal Reoresentatlon to Indigent Juvenlles 20. 21. 22. 23. Tax Refund Applications for the following: a Chase Home Finance LLC- Davment In erro"1004.00 b Silvia Orteaa- Dominguez- oyerpavment- 512.62 Chicago Me Insurance Co- overpayment- S124.41 ,c P_arra bbe Brothers LTD - overpayment- S605.77 24. Budget Amendments. 13 udaet Amendments FY 1011137.1-37.1. 25. . 00034227 CDW Government Inc S2 990 00 Scanners and Security Cameras • 00034228 Secure Options Inc $1,126.00 Licenses on Cameras • 00034262 CDW Government, Inc 27.00 DVD Burner 26. Personnel Change of Status. Vol. i I Pg. W? Consider and take action on Executive Session. Personl3el Action Forms 27. Payment of Claims. 28. Sheriff's report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns. 31. Agency/ Board/ Committee reports by Court members. 32. Adjourn. Vol. �� pg. i�9 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 t 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 it 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 parting spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (978) 361 -4102. Vol. , 4 7 pg. G D The foregoing minutes of the Commissioners Court meeting held June 28, 2011 have been examined and are approved in open Court this the /, day of 1 2011, in Bryan, Brazos County, Texas. Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 Irma Cau Commissi Kenny Mallar Commissioner, Precinct 3 Attest: C G aren McQueen County Clerk Vol 4 7 Page 51 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 1 200 N AT `��'c�j °, )O(- Name Organization /Dep ment ell r crcj �1Kv q - 9 ;9h .se V � t� <v � JU llibn Pr Ee l c C tj C Vol. y - pg, BRAZOS COUNTY COMMISSIONERS COURT MEETING ON - r(� 200 AT - - 1 - 6 x Name Organization /Dep ment y T.� I AOL x (2 Y4 vt V 1 �J,, /,ij Vol. 141 P 3 g. � r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON - lI 200 AT 0c Name Organization /Dep ,pnment v U j v Vol. 147 pg. .!5q BRAZOSCOUNTY BRYAN,TEXAS MINUTES June 28, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, June 28, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) a. Presentation regarding Delinquent Property Tax Collection Activity for the Period of March 1, 2011 through May 31, 2011. Vol. 14 7_ Pg. r� of BRAZOSCOUNTY BRYAN,TEXAS MINUTES June 28, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, June 28, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) a. Presentation regarding Delinquent Property Tax Collection Activity for the Period of March 1, 2011 through May 31, 2011. Vol. 14 7_ Pg. The Court heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. b. Presentation by CGI Communications regarding the 2011 County Showcase Program. Nichole Rongo with CGI spoke to the Court via a conference call and she explained that these are 10 one minute videos to showcase what makes Brazos County unique. Commissioner Mallard asked about the sponsor advertisements and if there is any prohibition on some advertisements. Ms. Rongo responded that yes there were restrictions and that she would forward a copy of the sponsorship contract to the Court. Commissioner Mallard then asked if the videos are changed and is it up to the County to do that. Ms. Rongo responded that typically the contract is for 2 to 3 years and at that time the company and the County can either decide to part ways or update the videos. Commissioner Mallard continued with his questions and asked if we had to have the same videos for 3 years. Ms. Rongo said the County can send up to 5 minutes per year for updates. Commissioner Catalena asked how long this usually takes to get up and running whereupon Ms. Rongo said it would take 14 weeks and the company does all videos, scripts etc. The Court discussed the project with Eric Caldwell, Director of the Information Technology Department, engaged in more discussion on sponsors and advertising with Commissioner Catalena saying he was concerned about the appearance of Brazos County endorsing a sponsor or advertiser. Consider and take action on agenda items 4 - 27: 4. Consider and take action on Order #11 -008 for the renewal or continuance of the declaration of a local disaster proclaimed by County Judge Duane Peters on June 23, 2011. Item 4.pdf A copy of the Order is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 5. Appointment of Anthony Ramirez and Ann Boney to serve on The Workforce Solutions Brazos Valley Board. Term of appointment is 7 -1 -2011- 6 -30 -2014. Mr. Ramirez will represent the private sector and Ann Boney will represent the NAACP. Item 5.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 6. Request approval for Travel Policy Change - Increase in County mileage reimbursement rate to reflect increase in Federal business mileage rate. � Item 6.pdf The new rates are as follows and will be effective from July 1, 2011 through December 31, 2011: Standard rate for business miles driven from .51 cents per mile to 55.5 cents per mile. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . Vol. 1 Pg. 5 7. Request for permission to enter property of Bayer Electric/Thomas Bayer located on Marino Road for the purpose of stockpiling Grade 4 rock for Marino Road project. This request is for the health, safety and welfare of the general public. Site is located in Precinct 2. Item 7.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 8. Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casing in the right of way of Allen Road approximately 1,350' from its intersection with Homer Rice Road to provide service to county resident. Site is located in Precinct 4. :b Item 8.odf Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wasserman . 9. Request for permission to enter George Klett's property located on Stousland Road for the purpose of removing a dead tree in the fence line before it falls onto the roadway. This request is for the health, safety and welfare of the general public. Site is located in Precinct 1. 1 Item 9.pdf Approved as submitted. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 10. Request from Verizon Communications to place approximately 387' of buried cable installation(s) along, parallel to, and 5' inside the right of way of Timberwilde Drive at a depth of 30 "; proposed installation replaces low hanging existing aerial cable crossing the roadway. Site is located in Precinct 2. Y 1 Item 10.pdf Item 10 -Work Site Details. pdf Approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 11. Request approval for New Local Prosecuting Agreement Contract and the Texas Health and Human Service Commission - Office of Inspector General. Item 11.pdf A copy of the Agreement 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 . 12. Request for approval of the 2011 Byrne Justice Assistance Grant (JAG) Program Inter- Vol. ) L4 _ pg. 1 :s 7 Local Agreement between Brazos County and the Cities of Bryan and College Station by Brazos County Sheriff's Office. Item 12.gdf College Station will pay the County a total of $18,658.95 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. A copy of the Agreement 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 . 13. Request Approval for Contract with Nueces County for Residential services. Item 13.pdf Term of the Contract is from October 1, 2011 thought September 30, 2012. A copy of the Agreement is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 14. Reconsider payment authorization to Brazos Valley Transport. This was approved for the incorrect amount at a previous meeting. Item 14.pdf Paid as billed. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 15. Approval of payment authorization to Rosser International, Inc in the amount of $3,685.01 for Reimbursables and travel expenses. :b Item 15.gdf Approved as submitted. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 16. Approval of requisition # 00034279 to Collier Construction, Inc in the amount of $3,445.28 for modifications for the EXPO Expansion Project to two sidewalks in order to add wheel chair ramps. Item 16.odf Commissioner Wassermann asked legal counsel if the County had to pay this bill. He said he just couldn't understand how the Architect could have forgotten wheelchair ramps. Legal counsel replied that they could research this but that the Architects would not be held liable over the County. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -1. Members voting Aye: Catalena , Cauley, Mallard , Peters . Members voting Nay: Wasserman. 17. Approval of requisition # 00034096 in the amount of $654.64 to CDW Govenment, Inc for the purchase of an IPAD for Justice of the Peace Pct. 2 -2. This purchase will made from Vol. 1 t_I 7 Pg. 6 ? the JP Technology Funds. Item 17.pdf Commissioner Cauley asked why Judge Munoz needed an iPad. Judge Peters replied that Judge Munoz indicated to him that it was so he could work from home. Commissioner Cauley then asked Eric Caldwell, Director of the Information Technology Department for input. Mr. Caldwell replied that he was not sure the judge would able to use the iPad to remote the desktop. It is not something the IT department wishes to support. This request is to purchase from the JP Technology fund, but the Commissioners can still refuse the request. Mr. Caldwell said an iPad is nothing more than a large cell phone that requires wireless connectivity and he is not sure it is a good tool for work. A laptop is a better tool and we already own this. Commissioners Catalena and Wassermann withdrew their motion and second to approve the request. Motion: Deny, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 18. Approval of license agreement with Michell Repair Information Company in order for the Road and Bridge Department to use a repair help website for County owned equipment and vehicles. Item 18.pdf Cost to the County is $315.00. Please note that there was an error on the agenda. The company name is Mitchell Repair Information Company, rather than Michell. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 19. Request permission to advertise RFP # 2011 -33 for Legal Representation to Indigent Juveniles. LD Item 19.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 20. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Building Maintenance of Brazos County. At this point the County Judge deviated from the agenda and skipped down to consider items 23 through 31 with the exception of item 26. After having considered the above mentioned agenda items the County Judge at 5:03 p.m. closed the meeting to the public so that the Court could meet in Executive Session. The following individuals were asked to stay: Candy Gallego - Executive Assistant Ruth McLeod - Administrative Assistand Bill Ballard - Civil Counsel Kendra Suhling - Civil Counsel Irene Jett - Budget Officer Jennifer Salazar - Director Human Resources Bill Jeanes - Risk Manager Rod Anderson - County Attorney VOL I q7 p g. S 1 21. Consider and take action on Executive Session. At 5:45 p.m. the County Judge announced the meeting open to the public and that no action would be taken on the Executive Session. 22. Request position changes for the following: The elimination of position: Deputy County Clerk I - Class 1311, Position 3, Group 10, Step 2, Pay Code 14, Department 21000100 (County Clerk); and creation of the position Facility Operations Assistant - Class 0831, Position 2, Group 12, Step 2, Pay Code 14, Department 36000100 (Expo). Item 22.pdf Motion: Remove, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 23. Tax Refund Applications for the following: a. Chase Home Finance LLC- payment in error- $1004.00b. Silvia Ortega- Dominguez- overpayment- $12.62c. Chicago Title Insurance Co- overpayment- $124.41d. Carrabba Brothers LTD - overpayment - $805.77 =.Y Item 23.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 24. Budget Amendments. Budget Amendments FY 10/11 37.1 -37.8. _ Item 24.pdf 37.1 Reallocate funds for Sheriff's Office -Jail Division 37.2 Reallocate funds for Sheriff's Office -Jail Division 37.3 Reallocate funds for JP Technology Fund JP2 -1 37.4 Reallocate funds for Juvenile Detention 37.5 Reallocate funds for Hotel Occupancy Tax Fund 37.6 Reallocate funds for COPS Technology 37.7 Create budge line item for Magistrate #2 37.8 Reallocate funds for Emergency Management (removed) Motion: Approve w/ Conditions , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 25. Approval of requisition #s 00034227, 00034228, 00034262 totaling the amount of $4,143.00 for the purchase of misc items for Justice of the Peace Pct. 2- 1.These purchases will be made from JP Technology Funds. 00034227 CDW Government, Inc $2,990.00 Scanners and Security Cameras00034228 Secure Options, Inc $1,126.00 Licenses on Cameras00034262 CDW Government, Inc $ 27.00 DVD Burner LD Item 25.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 26. Personnel Change of Status. Personnel Action Forms LIJ Item 26.pdf zoo Vol. � � 7 Pg. This item was skipped and considered after the Executive Session. A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 27. Payment of Claims. 7087802 through 7088023 Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . Claims Sheet.odf J0 BILL LIST 6.28.11.odf 28. Sheriff's report on inmate population. Sheriff Chris Kirk- there were 627 inmates in jail, 52 have electronic monitors and 62 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. Commissioner Mallard recommended having a workshop on vehicles and their service work saying there had to be a better way to do this. The County Judge recommended doing it in the budget hearings. 30. Call for Citizen input and /or concerns. There was no citizen's input. 31. Agency/ Board/ Committee reports by Court members. There were no agency, board, committee reports. 32. Adjourn. Vol. 14 - ] p g . 101 THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS ORDER NO. / I- 009 RE: CONSIDER AND TAKE ACTION TO EXTEND DECLARATION OF LOCAL DISASTER nn J M OTION BY Commissioner l.�l�t� l�.r� --- , SECONDED BY Commissioner a& Z 4P j that the following action be taken by the Court: The attached Extension of Declaration of Local Disaster attached hereto is consistent with the general purposes of Chapter 418 of the Texas Government Code; NOW, THEREFORE, IT IS HEREBY ORDERED by the Commissioners Court of Brazos County, Texas that the document attached hereto, entitled "Extension of Declaration of Local Disaster ", the same being hereby incorporated fully by reference herein, be and is hereby adopted, effective immediately. 340 TION TO AP 25SC OVE was made by �VY1 nil . �{'�, and seconded by U . �ma�yt h J APPROVED this '9 th day of tiJ C' . 2011 by a vote of Ayes and Nays. Duane Peters, County Jud e X* L Commissioner Lloyd Wassermann Commissiovier Sammy Catalena Precinct 1 2 Commissioner A4ny Mallar Co ssion rm. uley Precinct 3 Precinct t0 Vol. 1 41 Pg. EXTENSION OF DECLARATION OF LOCAL DISASTER FOR BRAZOS COUNTY, TEXAS WHEREAS, the Declaration of Local Disaster for Brazos County was effective June 23, 2011; and WHEREAS, drought, dry vegetation, wind, and /or other weather related conditions, is ongoing; WHEREAS, Brazos County is experiencing the occurrence and imminent threat of widespread and severe damage, injury, and /or loss of life and property resulting from high or extreme fire hazards and windy conditions across the State of Texas and in Brazos County; and WHEREAS, Brazos County has not had significant rainfall for an extended period of time, creating hot and dry conditions; and WHEREAS, the hot and dry conditions pose the threat of large, dangerous and fast moving wildfires; and WHEREAS, such fires have the potential of endangering lives and damaging property on a large scale; and WHEREAS, the Texas Government Code Chapter 418 gives the county judge the power to declare a local disaster within the county "if the threat of disaster is imminent "; and WHEREAS, the magnitude of the potential damage and the rapidity with which such a fire could escalate to major proportions constitute an imminent threat of disaster; and WHEREAS, declaration of such disaster authorizes the imposition of controls on activities which tend to increase the likelihood of fires; and WHEREAS, such controls, once implemented, have the potential of protecting lives and property by mitigating the threat of dangerous fires; and BE IT THEREFORE PROCLAIMED that pursuant to Texas Government Code § 418.108(a), local state of disaster based on the threat of large wildfires in Brazos County is hereby declared, Texas, to take effect immediately upon its execution, as is evidenced by the authorized signature below. BE IT ALSO PROCLAIMED that this state of disaster will continue for thirty (30) days. BE IT ALSO PROCLAIMED that the purpose of this order is the mitigation of the hazard posed by wildfires, which purpose is to be taken into account in any enforcement action based upon this order. Vol. 14.1 P g. - 1p BE IT ALSO PROCLAIMED that, in accordance with Texas Government Code § 418.108 (i) and § 418.173, a person who knowingly or intentionally violates this order commits an offense punishable by a fine that does not exceed $1,000.00 and confinement in jail for a term not to exceed 180 days. BE IT ALSO PROCLAIMED that, in accordance with Texas Government Code § 418.108(i) and Texas Local Government Code § 352.051, an affected party is entitled to injunctive relief to prevent the violation or threatened violation of a requirement or prohibition established by this order. This declaration shall be promptly publicized and filed with the County Clerk. Action approved this :gy day of % -, I e. 2011. ---Z- y Filed with the Clerk of Brazos County on �.,j rt yL ' 2011. Vol. L4 7 Pg & 14 201t-20Q MEMORANDUM OF UNDERSTANDING FOR : , - { Deleted: 010 ) BRAZOS COUNTY JUVENILE SERVICES ACADEMY /JUVENILE tDeleted: 1 J JUSTICE ALTERNATIVE EDUCATION PROGRAM This Memorandum of Understanding (MOU) is entered into between the County of Brazos, the Brazos County Juvenile Board, hereinafter referred to as `BCJB," and each of the undersigned Independent School Districts whose students are subject to placement in the Brazos County Juvenile Services Academy /Juvenile Justice Alternative Education Program, hereinafter refereed to as the "Program," namely the Bryan Independent School District, hereinafter referred to as "BISD," College Station Independent School District, hereinafter referred to as " CSISD," and the Navasota Independent School District, hereinafter referred to as "NISD." BISD, CSISD and NISD will be collectively referred to as "participant school districts" or "participant ISDs" WHEREAS, the County of Brazos and each of the school districts are "local governments" and public education in the context contemplated herein is a "governmental function and service" as those terms are defined in the Interlocal Cooperation Act, hereinafter referred to as the "Act" codified as Chapter 791 of the Government Code of Texas; and, WHEREAS, the "Act" authorizes any local government to contract or agree with another local government in accordance with the "Act" to perform governmental functions and services that each party to the contract is authorized to perform individually; and, WHEREAS, the participant ISDs recognize that the Texas Legislature has appropriated certain funds to pay the County and BCJB for the cost of educating students in the JJAEP Program who are expelled under the provisions of Texas Education Code Sections 37.007 (a), (d), and (e), and WHEREAS, the participant ISDs are required to consider course credit earned by a student while in the JJAEP Program as credit earned in a school district program pursuant to Texas Education Code §37.010(d), and the ISDs have an ongoing interest in the quality of education provided in the JJAEP Program and the academic success of students who will be .........., returned from the JJAEP Program to the regular school setting, s and , - Deieced: WHEREAS, the relationship between the participants necessitates this Interlocal Agreement to set forth the duties and responsibilities of the BCJB and each participant school district to comply with the requirements of the TEX. EDUCATION CODE §37.011 (k), (1), and (m). NOW, THEREFORE, pursuant to the Interlocal Cooperation Act and the Texas Education Code, it is mutually agreed by, between and among the parties as follows: VOL 1 q 7 Pg. LO-5 1. DEFINITIONS For purposes of this Agreement: 1.1 "discretionary expulsion" shall mean any student who is expelled under the provisions of Texas Education Code Sec. 37.007 (b), (c), or (f); 1.2 "mandatory expulsion" shall mean any student who is expelled pursuant to the provisions of Texas Education Code Sec. 37.007 (a), (d) or (e). 1.3 "non mandatory expulsion" shall mean any student who is required to attend the Program by other means, including as required by Court order(s). 1.4 "rollover funds" shall mean all funds paid by the participant ISDs to the BCJB for mandatory expulsion allotments remaining unexpended on September 30 each year. 1.5 "student" shall mean any person residing in Brazos County, or the Bryan, College Station or Navasota Independent School Districts, aged ten years or older and required to attend school pursuant to Texas Education Code § 25.085 2. PROGRAM GOALS The major goals for the Program in providing services for the students are: (1) to provide a continuum of educational services; (2) to establish consistency, predictability, and appropriateness of student placement following expulsion from their regular school program; (3) to return the expelled student to a regular school setting as soon as appropriate by law; (4) to impress upon the expelled student that there are progressive sanctions for misconduct in the public school setting; (5) to provide educational and placement options for the Brazos County juvenile courts; and (6) to enable the expelled student to perform academically at their appropriate grade level. 3. STUDENT ELIGIBILTY, LENGTH OF STAY 3.01 Student Eligibility: A student expelled from a school district must meet the following requirements to be served in the Program. Deleted 08 Deleted: 09 , 20 , JJAEP Memorandum of Understanding Page 2 of 17 `r A. The student must have been expelled by the school district for a mandatory expulsion offense listed in TEX. EDUCATION CODE. §§ 37.007 (a), (d), or (e). B. Each ISD shall use its best efforts to notify the appropriate local law enforcement agency and /or the juvenile court in writing as soon as practicable upon the ISD's identification of a student who the ISD reasonably believes has engaged in conduct for which the student will be subject to mandatory expulsion. Such notice may be given in addition to any notice required under Texas Family Code Sec. 52.041. If the juvenile court receives written notice under this section that a student is believed to have engaged in conduct for which the ISD reasonably believes the student will be subject to mandatory expulsion, and the student is under the jurisdiction of the juvenile court, the juvenile court shall consider entering an order that the student attend the JJAEP Program as soon as practicable, pending the outcome of any disciplinary proceedings at the ISD. C. An investigating law enforcement agency must have made a formal referral of the case to the juvenile court if the offender was at least ten years of age, but not yet seventeen years of age at the time of the offense; or, referred the case to the appropriate criminal prosecutors office if the offender was seventeen years of age or older at the time of the offense. D. The Program shall not accept mandatory students if the prescribed legal procedures have not been followed. E. The Program shall not accept discretionary expulsions. 3.02 Court Orders: The Brazos County Juvenile Court may place a student into the Program as a condition of court- ordered probation or court- ordered release. 3.03 Length of stay: It is the intent of the participant ISDs that, for each expelled student who is placed in the JJAEP Program, the term of such placement will be coterminous with the term of the student's expulsion from school. The ISDs agree to cooperate in a placement term of no less than one six week grading period, absent extenuating circumstances. Students must remain in the JJAEP Program for the full period ordered by the juvenile court unless the student's home school district agrees to accept the student before the date ordered by the juvenile court or the student is referred back to the ISD. A juvenile court shall consider the term of a student's expulsion in entering DeI.e os any order as to the student, including terms and conditions of release from custody, Deleted: 09 20 11_ _20� JJ.9EP Memorandum_ of Understanding Page 3 of 17 Vol. 1'g. deferred prosecution, or probation. At the conclusion of the student's term of probation, or any other requirement imposed by the juvenile court, including conditions of a deferred prosecution ordered by the court, or such conditions required by the prosecutor or probation department, and if the student meets the requirements for admission into the public schools established by law, the school district in which the student resides must readmit the student, but may assign such student to the school district alternative education program. 3.04 If the student's release date occurs during the week of state - mandated testing, the student must remain at the Program to complete tests. No student shall be released during the last week of the student's Home School District semester. 4. CURRICULUM, CREDIT AND ACADEMIC TRANSITION 4.01 Each ISD shall notify the juvenile court in writing of its designated Liaison. Each Liaison shall have authority to offer recommendations to the juvenile court regarding placement alternatives for students under the jurisdiction of the juvenile court, and to bind the Liaison's respective ISD to any agreement to return a child to the school setting. The Liaison shall assist the juvenile court in obtaining the permission from the parent(s) of each student served by the JJAEP Program to release medical, educational or other appropriate records to the juvenile court and to the JJAEP Program. In the absence of such parental consent, the juvenile court may consider the need for a court order releasing such records, and the Liaison may provide the juvenile court with such other educational information regarding the child as may be permitted by law. 4.02 As required by Section 37.011 (d) of the Texas Education Code, the Program must provide a curriculum consisting of English language arts, science, mathematics, social studies, G.E.D preparation program, and self - discipline. The Program is not required to provide a course necessary to fulfill a student's high school graduation requirement. Courses must be consistent with the essential knowledge and skills of each subject of the foundation curriculum as defined by Texas Education Code Section 28.002 (c). 4.03 As required by Section 37.011 (d) of the Texas Education Code, each school district shall consider course credit earned by a student attending the Program as a credit earned in a school district. 4.04 All general education course work for all Program students will be provided by BCJB. ........... _._ ......................... .... .___...__._.__...._.......____. Deleted: 08 { Deleted: 09 j 2011- 20 Memorandum of Understanding - Page 4 of] 7 - �-7 log Vol. � _�--- pg• 4.05 The governing body of each participant ISD finds that in order to appropriately serve students receiving services under this Agreement, the sharing of information pertinent to the provision of education and rehabilitation services is essential and in the best interests of the students served. In the absence of parental consent, the juvenile court with jurisdiction over a student receiving educational services under this Agreement shall consider authorizing the entities providing services to such student to release appropriate juvenile, educational, diagnostic, treatment or other records as appropriate to permit the consistent provision of services to the student. 4.06 All student education records discussed or reviewed by any person specific to an individual student shall be considered confidential, and shall be shared only with the juvenile court, the student, the parent(s) or guardian(s) of the student, and those employees of the juvenile court, participant ISD, or JJAEP Program with a legitimate educational interest in the student. 4.07 To assure the student's academic transition into the Program, the student's school of current attendance, hereinafter referred to as "Home School District," Home School District shall, immediately upon notification that a student has been ordered or expelled into the Program, forward to the Program the following records: A. Student's current transcript; including all achievement test records. B. Student's current year report card. C. Withdrawal form containing all appropriate information. D. Student's Texas Assessment of Knowledge Skills (TAKS) summary. E. Student's Individual Educational Plan (IEP), Behavior Intervention Plan (BIP), and the most recent Admission Review Dismissal, hereinafter referred to as "ARD," documents; including minutes, if applicable. F. Student's behavioral manifestation determination, if applicable. G. Student's immunization records. H. Student's current discipline records. I. Home language survey. J. Any other records that would normally be provided when a student transfers to any other school district. 4.08 The Home School District shall forward the above records within five (5) days of expulsion date or date of notification for non - mandatory court ordered placement. 4.09 The Program's educational program shall include a review process during which an {Deleted: os , Deleted: 09 2011- 20 ].JJAEP Memorandum of Understanding Page 5 of 17 Vol. 14-7 1'g• to 9 assigned administrator and /or teacher, within a reasonable time after admission to the Program, reviews each student's progress with the student's parent or guardian, and prepares an Academic Transition Plan. The plan shall be reviewed periodically and address the student's educational needs. 4.10 The Program's educational component shall include English as a second language, (ESL), and bi- lingual services for students identified with limited English proficiency. 4.11 The Home School District shall notify the Brazos County Juvenile Services Department in advance, and allow a representative of the Department and/or Program the opportunity to attend the (ARD) meeting. 5. TRANSPORATION 5.01 The family members or guardian of any student assigned to the Program will be responsible for providing transportation to and from the Program campus each day. This family responsibility may be made part of the child's juvenile court disposition, and an appropriate order may be signed by the juvenile court judge. 5.02 Home School District shall provide transportation to and from the Program if the student has been deemed Special Education, and if transportation is stated as part of the student's Individual Education Plan, hereinafter "IEP." 6. RESPONSIBILITIES OF INDEPENDENT SCHOOL DISTRICTS 6.01 In accordance with Section 37.010 of the Texas Education Code, no later than the second business day after the date a hearing has been held under TEX. EDUCATION CODE §37.009 and a student has been placed under Expulsion that results in the student's required attendance in the Program, the school district's board of trustees' designee shall deliver a copy of the order expelling the student to the Chief Executive Officer and the program Superintendent of the Brazos County Juvenile Services Department. 6.02 In accordance with Section 37.010 (a) of the Texas Education Code, any student who is expelled from school, but is not being detained by the juvenile court in the Brazos County Juvenile Detention Center, or who is not receiving treatment under an order of the Brazos County Juvenile Court, must be enrolled in an educational program. _... _...._.._....................................... -_— D e l eted: 08 6.03 The Home School District shall allow the return of the student if any action listed Deleted: 09 j 20 ,JJ,9EP Memorandum of Understanding Page 6 of 17 Vol. 1 p g . `1 0 below as A -C occurs. However, such school district retains the authority to determine if the student will be returned to his or her previously assigned campus, or assigned to a school district Alternative Education Program. A. A refusal by the District Attorney's Office to file a petition in juvenile court, B. A grand jury No Bills the case or C. A judge or jury finds the student "Not Guilty" 6.04 The Home School District shall maintain the student's enrollment, Public Education Information System records including proper reporting on the 425 disciplinary data action record. This duty hereunder excludes students that have been subject to mandatory expulsions. 6.07 Funding for a mandatory expulsion student's daily attendance is forwarded to the BCJB by the Texas Juvenile Probation Commission, hereinafter referred to as "TJPC." Such funding is terminated by TJPC when the following occurs: A. The date of completion(s) of the requirements of the juvenile court order or deferred prosecution agreements or B. The end of the expulsion term. 6.08 The Home School District shall remain the "local education agency." 6.09 The Home School District shall send a six week attendance report and amount of target revenue for those non - mandatory court ordered students assigned to the program. 7. PROVISION OF SPECIAL EDUCATION SERVICES 7.01 The Home School Districts shall be responsible for providing all Special Education Services required by the Texas Education Code to students attending the Program. 7.02 Students that have been identified as a qualified special education student, only after a determination by a duly constituted ARD committee, shall receive all services outlined in the Individual Education Plan and Behavior Intervention Plan. Each area shall be addressed. Both educational and non - educational services required to be provided that are not statutorily required to be provided by the Program must be provided by the Home School District including, but not limited to, ARDs, three year -- - -- ............ Deleted: 08 evaluation ARDs, any assessments and any counseling services. { Deletes: n9 201 20L,,� JJ.9EP Memorandum of Understanding Page 7 of] 7 Vol. 1 4 7 pg. -7 7.03 If the Program determines that a student who has not been previously qualified as a special education student may be eligible for services, the Program shall refer the student to the Home School District for evaluation to determine if the student is qualified for special education services, in accordance with applicable state and federal statutes and regulations. 7.04 The Independent School Districts and the BCJB shall comply with § 37.004 of the Texas Education Code as it relates to the operation of the Program. 7.05 The BCJB shall be responsible for any services required to comply with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The participant ISD in which a student resides shall provide and fund related services specified in the Individualized Education Plan to eligible students under the Individuals with Disabilities Education Act. 7.06 Each participant ISD shall provide reasonable notice to the Superintendent of the JJAEP Program of the respective ISD's Admission, Review and Dismissal Committee ( "ARD ") meetings where placement in the JJAEP Program will be considered or when reviewing or modifying the program of a special education student in the JJAEP Program. The participant ISDs shall be responsible for scheduling and sending notices of ARD meetings during the period of expulsion, and for notifying JJAEP Program representatives of ARD meetings. 7.07 If, after placement of a non - mandatory expulsion student with disabilities in the JJAEP Program under this Agreement, the Superintendent of the JJAEP Program has concerns that the student's educational or behavioral needs cannot be met in the JJAEP Program, the administrator (or his/her designee) shall immediately provide written notice to the ISD from which the student was expelled. Upon receipt of such notice, the ISD shall convene an ARD committee meeting to reconsider the placement of the student in the program, giving reasonable advance notice to the administrator of the JJAEP Program. A representative of the JJAEP Program may participate in the ARD committee meeting to the extent that the meeting relates to the student's placement or continued placement in the JJAEP Program. Deleted: 08 j Deleted: 09 20 20 JJAEP Memorandum of Understanding Page 8 of 17 1 "7 9 Vol. pg. 8. EXPEDITED MAGISTRATE SYSTEM 8.01 The expeditious hearing of all cases related to the JJAEP Program by the juvenile court is crucial to the spirit and letter of the Texas Legislature's changes to the Education and the Juvenile Justice Codes. Accordingly, the following expedited judicial procedures shall be applied to those cases concerning students expelled from the school setting: A. The participant ISDs shall make their best efforts to conduct their expulsion hearings within a reasonable period of time after an offense is reported to the respective school Liaison. If the student is expelled, the ISD will send to the juvenile court, not later than the second working day after the expulsion hearing, the recommendations of the Liaison regarding placement of the student in either the JJAEP Program or a school district program. The Liaison will also forward such academic and behavioral records as it may have legal authority to share with the juvenile court, or in the absence of such authority, shall forward a written report to the juvenile court relating non - confidential information that is relevant to the educational placement of the student. B. Upon receipt of a referral or Preliminary Investigation Report on a student eligible for placement in the JJAEP Program, the District Attorney may review such referral or Preliminary Investigation Report and file a delinquency petition, if reasonable and/or appropriate, as expeditiously as possible after receipt of the Preliminary Investigation Report. 9. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE BOARD 9.01 The BCJB shall provide the facility; general maintenance utilities, telephone(s), internet access, furniture, including student tables, chairs, computer hardware and a copier for the operations of the Program. 9.02 The BCJB shall provide an on -site Probation Officer for case management and supervision of the students assigned to the Program and an Activities Instructor(s) to provide security, maintenance of student discipline and auxiliary services, including counseling, anger management, motivational and physical education classes. — Deleted: 08 { Deleted: 09 J 20 Memorandum of Understanding Page 9 of] 7 Vol. L17 `7 3 9.03 The BOB shall provide suitable teaching personnel for the delivery of educational services to the Program. 9.04 The BOB shall provide the Program Superintendent who shall provide the supervision of all county personnel assigned to the Program. 9.05 The BOB shall provide breakfast and lunch for each student each school day the child is in attendance. 9.06 The BOB shall be responsible for administration of the Iowa Test of Basic skills pre /post tests. 9.07 The BOB shall be responsible for reporting daily attendance to the TJPC. 9.08 The BOB shall report daily attendance to the home school district at a site designated by the Home School District. 9.09 The BOB shall be responsible for administering the statewide assessment to those students attending the program. 9.10 The BOB shall send a six week attendance report to the home school district. 9.11 The JJAEP /Academy Superintendent shall notify the juveniles Home School Districts designated contact person whenever a directive to apprehend has been obtained. 9.12 The JJAEP /Academy Superintendent shall inform the Home School District as to the reason the juvenile was ordered into the Academy Program. 10. FUNDING 10.01 The BOB will provide the above - stated educational services for funds received from the Texas Education Agency based on each Independent School District's daily attendance rate, hereinafter referred to as "Target Revenue," for those students attending the Program as a non - mandatory court- ordered student. 10.02 The BCJB shall bill the Home School District at the conclusion of each six week period for monetary reimbursement based upon the daily attendance of the non- ......... -- - .... ,� Deleted: os mandatory expulsion students assigned to the program. The Home School District Deleted: 08 j 20 JJ.4EP Memorandum of Understanding Page 10 of 17 VOL_ 14 pg• -7 shall reimburse BCJB the Target Revenue rate of pay for each non - mandatory court ordered student attending school at the Program. 10.03 Brazos County agrees to establish and coordinate billing arrangements with the ISDs with respect to the ISDs funding obligations, if any, to the JJAEP Program under this Agreement. 10.04 Upon invoice by the BCJB, BISD, CSISD, and NISD agree to respectively reimburse the BCJB no later than thirty (30) days after a six week period. 10.05 The BISD, CSISD, and NISD agree to reimburse the BCJB the student's Target Revenue on a daily basis (this does not include those students expelled under Texas Education Code § §37.007 (a), (d) or (e)). 10.06 The Brazos County Commissioners Court, Brazos County Juvenile Services Department, BCJB, the Program or any other entity of Brazos County shall not be responsible for providing any form of financial support to the BISD, CSISD or NISD for any services rendered. 10.07 The BCJB shall be awarded by the TJPC the daily attendance from funding for students attending the program as a result of mandatory expulsion. 10.08 Funding for a Mandatory Expulsion student's daily attendance is forwarded to the BCJB by the Texas Juvenile Probation Commission. Such funding is terminated by TJPC as soon as the student meets eligibility for return to their Home School District. 10.09 An Independent School District shall not receive funds from the Texas Education Agency for students enrolled in the Program as a result of mandatory expulsion. 10.10 The party at fault, either BCJB or any Independent School District agree to reimburse the other party if errors are discovered resulting in inaccurate payment or reimbursement regardless of the time of the audit. 10. 11 BCJB and the Independent School Districts agree that, if determined at fault during a Texas Education Agency audit or any other audits performed by a governmental entity, the party at fault shall be responsible for providing any required reimbursements. l Deleted: os )< 1. Deleted: 09 2011- 20 1 �LJJ.9EP Memorandum of Understanding Page 11 of 17 INDEMNITY 11.01 To the extent permitted by the Texas Constitution and other applicable law, but without waiver or expansion of any immunity from liability or limits to exposure established by the Texas Tort Claims Act, each party to this MOU will indemnify and hold harmless the other party or parties and their respective officers, employees and agents from and against any and all claims proximately caused by negligence, breach or other act or omission caused by the indemnifying party or its respective officers, employees or agents. 12. MISCELLANEOUS 12.01 Consistent with the Texas Education Code and the Texas Family Code Title 3 Juvenile Justice Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. 12.02 In accordance with the Texas Education Code, the Brazos County Juvenile Board, Brazos County Commissioners Court and employees of the Brazos County Juvenile Services Department shall be immune from liability to the same extent as each ISD, its employees, officers and agents may be immune from liability. 12.03 If any provisions, sections, subsection, paragraph, sentence, clause or phrase of this MOU or the application of same to any person or set of circumstances is, for any reason, held by court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provision(s) will remain in full force and effect. 12.04 This MOU contains the entire agreement between parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agents of any party that is not contained herein is not of any force or effect. Any modifications to the terms hereof must be in writing and signed by all parties. 12.05 The individuals executing this MOU on behalf of his or her respective party represent to the other that all appropriate and necessary actions have been taken to authorize the individual who is executing this MOU, that there are no other parties or entities required to execute this MOU in order for the same to be an authorized and binding agreement by such Party for whom the individual is signing this MOU, and that each 1 -- individual affixing his or her signature hereto is authorized, and that such signed Deleted: 08 Deleted: 09 20 11 .20 L,�J.IAEP Memorandum of Understanding Page 12 of 17 agreement is valid and effective on the date stated herein. 12.06 The death or attempted suicide of a student occurring at the Program must be reported to the Brazos County Sheriff's Office, the Brazos County Juvenile Board and the student's parent(s) or legal guardian(s) as soon as practicable. A written report must also be submitted to the TJPC within twenty -four (24) hours after such event. 12.07 Any allegations of abuse or neglect of a student assigned to the Program must be documented and reported pursuant to the timelines stated in Chapter 348 of the Texas Administrative Code governing the JJAEP program to the applicable ISD Superintendent and the Brazos County Sheriff's Office for investigation, as required by Chapter 261, of the Texas Family Code. Further, a written report must be submitted to the Texas Juvenile Probation Commission within twenty -four (24) hours of such incident. 13. TERMS OF THIS MEMORANDUM OF UNDERSTANDING 13.01 Term The term of this MOU shall be effective from August 25, 2010 through August 24, 2011. 13.02 Renewal Renewal of this agreement, with each of the respective parties, will be made on a year -to -year basis by mutual written consent of each of the respective Parties. 13.03 Multiple Originals -This MOU is executed in multiple originals, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same instrument. 13.04 Legal Requirements - The Participants agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing the juvenile justice programs applicable to school districts and /or county juvenile probation departments. In the event that any of the participant ISDs hereto are required by law or regulation to perform any act inconsistent with this Agreement, or to cease performing any act required by this Agreement, this Agreement shall be deemed to have been modified to conform to the requirements of such law or regulation. Deleted: 08 13.05 Notice - Except where oral notice is specifically allowed or required under this Deleted: 09 20 20,1? Memorandum of Understanding Page 13 of 17 Vol. _.._______ pg• T-7 Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service, to the following address or telecopy number: Bryan Independent School District Dr. Thomas Wallis, Superintendent of Schools Travis Education Support Center 101 North Texas Avenue Bryan, TX 77803 Tel: (979) 209 -1000 Fax: (979) 209 -1050 e -mail: twallis(a,bryanisd.or College Station Independent School District: Dr. Eddie Coulson, Superintendent of Schools College Station Independent School District 1812 Welsh College Station, Texas 77840 Tel: (979) 764 -5400 Fax: e -mail: ecoulson @csisd.org Navasota Independent School District: Rory Gesch, Superintendent of Schools Navasota Independent School District 705 E Washington Avenue Navasota, Texas 77868 -3005 Tel: (936) 825 -4200 Fax: (936) 825 -4297 e -mail: teeligechalk.navasotaisd.org Deleted: 08 Deleted: n9 20 1 - 20 L�,JJAEP Memorandum of Understanding Page 14 of 17 Vol. ) 4 7 Pg. Brazos County Juvenile Board: Honorable Duane Peters, Brazos County Judge Chair, Brazos County Juvenile Board 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Tel: (979) 361 -4102 Fax: (979)361 -4503 with a copy to the Brazos County Attorney -Civil Division at: 300 East 26` Street, Suite 325 Bryan, Texas 77803 -5361 Tel: (979) 361 -4306 Fax: (979) 361-4503 Any party may designate a different agent or address for notice purposes by giving the other Participants ten (10) days written notice in the manner provided above. 13.06 Amendments - If changed conditions are encountered during the term of this Agreement, the Agreement may be supplemented or amended under terms and conditions mutually agreeable to the Participants, provided that all such changes, amendments, supplements or modifications shall be in writing. 13.07 Integration Clause - This Agreement, including schedules and attachments, contains the entire agreement of the Participants, and it may not be modified in any manner without the express written consent of the Participants. No other agreement, statement, or promise made by or to any party, or made by or to any employee, officer, or agent of any party, that is not contained in this Agreement shall be of any force or effect. It is acknowledged by the Participants that no officer, agent, employee or representative of Brazos County has any authority to change or amend the terms of this Agreement or any attachments to it or to waive any breach of this Agreement unless expressly granted that authority by the Brazos County Commissioners Court. 13.08 Partial Invalidity - If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be effected, impaired or invalidated, unless such holding causes the obligations of the (.... elet— - — - - Deleted: 08 Participants hereto to be impossible to perform or shall render the terms of this Deleted: 09 20 20 Memorandum o Unin $ f derstand _.....___ __...._._...... Page 15 of 17 Vol. _�-- Pg'--Ji Agreement to be inconsistent with the intent of the Participants hereto. 13.09 Non - assignability - No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by any Participant without the prior written consent of the other Participants hereto. 13.10 Waiver - No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. 13.11 Immunity - Neither Brazos County, the BCJB, nor the participant ISDs waive or relinquish any immunity or defense on behalf of themselves, their trustees, commissioners, offices, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. 13.12 Available Funds - The Participants to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available finds for the current fiscal year of each such entity. 13.13 Open Meetings - The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. 13.14 Mediation - Any dispute arising under this Agreement may be submitted, upon agreement of the Participants, to non - binding mediation. When mediation is acceptable to the participants in resolving any dispute rising under this Agreement, the Participants agree to use the Dispute Resolution Center of Brazos County or any other mediator as shall be mutually agreed upon by the Participants, to provide mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless the Participants are satisfied with the result of the mediation, the mediation will not constitute a final binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless the Participants agree, in writing, to waive the confidentiality. ............ -- D eleted: 08 { Deleted: 09 2014- 20 J.L4EP Memorandum of Understanding Page 16 of 17 Vol. 14 7 Pg. g D IN WITNESS THEREOF, the undersigned Participants acting under the authority of their respective governing boards have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original, all as of the day and year above first written, which is the date of this Agreement. Effective on the date signed by each parties authorized representative. Duane Peters, County Judge Date Chairman, Brazos County Juvenile Board Eddie Coulson, Superintendent Date College Station Independent School District Rory Gesch, Superintendent Date Navasota Independent School District Thomas Wallis, Superintendent Date Bryan Independent School District Deleted: 08 Deleted: 09 j 20 20 , JJAEP Memorandum of Understanding Page 17 of 17 Vol. 14� p g. — 21 N BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: June 28, 2011 ITEM: Request for permission to enter property of Bayer Electric/Thomas Bayer located on Marino Road for the pumose of stockpiling Grade 4 rock for Marino Road project This request is for the health, safety and welfare of the general public Site is located in Precinct 2 PRESENTATION Placement of road construction materials at an approved stockpile site near the work location allows the County to expedite this seal coat project thus creating a safer working environment for County crews and equipment, as well as, the general public. Stockpile area will be cleaned and restored to original condition. No further maintenance of the area will be required. SUBMITTED BY: Gary Arn d, CFM Director of Planning CC2011 -042 This Request is Approv Duane Peters, County APPROVED BY: Commissioner Sammy Catalena� Precinct 2 (or) Denied by Commissioners' Court Vol. I � 7 Pg. 801 t t oG�rY a F �Rpti BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 LAND OWNER ADDRESS Bayer Electric c/o Thomas Bayer 576 Marino Road Bryan, Texas 77808 II, LOCATION OF WORK: Same Address Above Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Office# 979- 822 -2127 Fax# 979- 775 -0453 III. DESCRIPTION OF WORK TO BE DONE: Permission to enter property for the purpose of stockpiling Grade 4 seal coat rock for Marino Road project. Stockpile area will be cleaned and restored to original condition. Locating stockpile near work location, allows the County to expedite this seal coat project, thus getting our road crews off this heavily traveled road sooner. This work is being done for the health, safety and welfare of the general public. IV. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA u Jo nes Engineer Aide / Foreman / Right of Way Agent General Superintendent r Owner's Signature: Date: C 1, Vol. y-7 Pg. e$ i , BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: June 28, 2011 ITEM: Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casing in the right of way of Allen Road approximately 1,350' from its intersection with Homer Rice Road to provide service to county resident. Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION REQUIREMENTS • No work will be permitted between front slope and /or back slope. • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 35' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc, from county right-of-way. • Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Fngineer. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways published by the Texas Department of "Transportation, and all other State and Federal laws governing utility construction, SUBMITTED BY: 'L 4,( — Gary Arnold, CFM Director of Planning CC2011 -043 This Request is Approved CJ, or Denied ❑, by Commissioners' Court Date;------ Duane Peters, County Judge Vol. ) 7 Pg. b� 1 2011 1:34PM Wellborn Special Utility Dist. No. 1203 P. 3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT - -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Fo tice is hereby given ) Qge .� � Loo Q ! U top o p a (� iven that (app & rrvitb= _ across a the right -of -way of (ro d)_ �Q OG{ in Brazos County, Texas as follows: Imp' Down A�IIt n Rd �ronti lhtt r seL{ ��� of �Ao,uer' Q. U rLd The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer, 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way; 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29,1989; b. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2) below the center of the roadway; 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after they ot�iLe_ 20—!V Firm: +b By: V f , Title: Address: �Q SIC 7 7 KK_J Phone: TI q D (a 0-5 APPROVED BY COMMISSIONERS' COURT: Duane Pcters, County Judge Brazos County, Texas Rvvuod 3mn011 0� Vol. pg. r MATCH SHEET _ 25 � Ln \ < w e1 F • \ i � 2W� IIw I co � Lug= 0 W La wo C . �\ W M1 o � O � * x� lil W ,� w U LL! C.7 iJ7 (f7 WW Z W � LAJ xa LJ t N at vii Z —W �a N {Cc L m� azL'I a z O W Y �W CUU ` Ln a 0 0 0 0 00 W O C? � W 4 z \ \ 1 ' v ®l: l lloz aZ ��� , BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bride NUMBER 56001000 DATE OF COURT MEETING: June 28. 2011 ITEM: Re nest for permission to enter George Klett's Property located on Stousland Road for the Purpose of removing a dead tree in the fence line before it falls onto the roadway. This request is for the health and welfare of the general public. Site is located in Precinct 1. PRESENTATION No additional maintenance will be required. SUBMITTED BY: A ry Arnold, CFM Director of Planning CC2011 -041 This Request' Approved V I (or) Denied Date: Duane Peters, County Judge APPROVED BY: Commis over Lloyd Wassermann Precinct 1 by Commissioners' Court Vol. 141 p g. 9-7 u .�y BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 1. LAND OWNER: George Klett ADDRESS: 5390 Stousland Road College Station, Texas 77845 II- LOCATION OF WORK Same Address Above Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office# 979 -822 -2127 Fax# 979 - 775 -0453 III. DESCRIPTION OF WORK TO BE DONE: Permission to enter property for the purpose of removing a dead tree in the fence line before it falls onto roadway. This work is being done for the health, safety and welfare of the general public. IV, MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA Gen. Superintendent / /Z x Engineer Aide /,,Foreman ! Right of Way Agent Owner's Signature: f Date: Vol. 141 pg. S� U BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: June 28 2011 ITEM; Request from Verizon Communications to place approximately 387' of buried cable installation(s) along; parallel to and 5' inside the right of war of Timberwilde Drive at a depth of 30 "; proposed installation replaces low hanging existing aerial cable crossing the roadway Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/NOTES Work site is located approximately 375' S SW of Trailwood Drive. REQUIREMENTS • No work will be permitted between front slope and/or back slope. • All installation(s) shall be constructed in designated utility casements, if applicable. if no utility easernent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and /or 2) in the case of a road bore, perpendicular to the right-of-way line. • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county righEof -way. • Ditch line shall be compacted to 90% standard density ASTM Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: 4 G . # , ld CFM Director of Planning Commissioner Sammy Catalena Precinct 2 CC2011 -044 This Request is Approved /,U�r f q pp D enied �, by Commissioners Court Datc � -- - - - - -- Duane Peters, County Judge Vol. 14 7 Pg. g 0 veriZon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 June 17th, 2011 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Arnold: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED -135 and a work location sketch showing the location of our proposed buried cable line on Timberwilde Road in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413- 3POAOQF which is scheduled for June 27th, 2011. If you have any questions concerning this work, please contact Ricky Lancaster at our office in Bryan, telephone 979 - 821 -4761 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, & Brenda Vajdak Supervisor — Network Engineer BV:ec Attachment Vol. 1 `47 —pg. 90 k VERIZON COMMUNICATION Notice of Line Installation June 17, 2011 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos, County, Texas as follows: Verizon Communications will place approximately 387' along, parallel to and 5' inside the County R.O.W. on Timberwilde Road . This cable will replace the aerial cable crossing Timberwilde road now that does not have adequate clearance. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after June 27, 2011. VERIZON COMMUNICATIONS 5413 — 3POAOQF Brenda Vajdak Supervisor - Network Engineer ; 301 Industrial Blvd. Bryan, TX 77803 Vol. ) ' Pg• Google Maps maps ........ . . 78947 Page I of I Get Goo gle Maps on your phone GM P g Text the word "GMAPS" A t.466453 Ci 4i C2011 Gcoqle - Mada X2011 Google - Vol i � 7 p 9A http://map',googl'.com/maps?t=h&hl=en&ie=UTF8&hq=&hnear--Lexington,+Texas+789 5/25/2011 m m x X O ^ m= m w. X K O m a • ❑ f J W F U Z Q J Q N Q W U1 Q 0 U) � M Z ❑ Q Q N u �- u W 3 W w U W 2 UW Q W Q i 3 Z aam ❑ Q � M v > N J W m X N W O m V Q Z Z \\ d OmN ^m ? Q O= N ^ m NNcQ' ? Z N m m N N \ cp \ O P QN, wm C D Z to n in \ + i m:Du W O O^ n m W _W U 3 Q U i > ❑ 3 N - ❑ W \ w z u Q o m � \ �m www am c d r m O \ L d U 2 i 0 0 n Q 3 \ a ql h m � 3 J \ • ��m 0 a d o u o \ h b N d 2 ? ' J \8l) I S` C d d 0 - N 2 lf` u w \ ai am w w a N d( w w F I/ � C � [OLLMIV 47 4 Q N N w N t I! v d \ U In "OQNm 0` w Q E nm• ^m w \ \ mana om ¢ \ \ NM M-1 xxu O 0 > m o a d \\ \ o m \ �� nmN Nszos dO \ ^ m W W I[1 m N�Q.�B�O -� f NmNNm w \� Q m o' Qiq� \ a a,l� f \ d n z N b m a min a x� a� m m m_ , mdmam a M m N M a•au Q M n (h O O N W O Q N W 3 LL Q � 0 W o F a o Z 10 n n c —7 m V ® l. _ / P�• Form Number: CPPO430 Texas Health and Human Services Commission Vendor Information Form (Vli✓) Instructions: This form must be completed and submitted with each new contract, amendment, renewal, and /or extension. (Please type or print information.) SECTION 9- Cnnfrnrfnr'c r_gnnr l 1.,�.,....�ti.... Legal Contractor's Name: Point of Contact for Contract Name: Title: ISOX C+ +foy r1 Y Mailing Address: 300( W Se Legal Doing Business As Telephone:' - 1a, _ .� r 7n G �! (DBA) Name: Co kY 1 [� lam! lc_T `� c) V h .. Fax: el G) — 3 0 ( Physical Address: 2, ( e. 5w tqdhi - Fe , S - 7 7� ©3 � - Remit To (Payment) Address: EDO l;tS V (4e 40 IF exas Identification Number (TIN): ,714 - (at) 60 433 Enter one of the following: [Federal Employer Identification Number (FEIN): ❑Social Security Number (SSN): Select the Legal Status: ❑ For profit Entity I ❑Non- profit Entity ❑ Corporation ❑ Joint Venture ❑ Partnership * ❑ Limited (Liability) Company ❑ Limited (Liability) Partnership ❑ Sole Proprietorship `k Governmental Entity (must specify): Select the Business Structure: ❑ Other (must specify): * If Partnership, must provide SSN or TIN for minimum of two partners Partner Name: TIN or SSN: Partner Name: TIN or SSN: If applicable, enter State of Incorporation: Texas Charter Number: Name of Parent Entity: appropriate information: Sri: 1 IUN 7' (nnfrar•fnr'c Cnnf - Person Who Will Sign the Contract ^ Point of Contact for Contract Name: Title: ISOX C+ +foy r1 Y Mailing Address: 300( W Se Name: t Title: L� A*royne Mailing Address: 3 t � i Telephone: '?L .. r 1 -1 0 3 Telephone:' - 1a, _ .� r 7n G �! Fax: L , �� Fax: el G) — 3 0 ( E -mail: 1 % �/. t� �I �e j. - 5 E -mail: ,irne,r �,�. �' � s, . Uts SECTION 3• Cnnfrar•fnr Anfik .»: .f 01.....a.._- t__ "Uj^_ ____ Printed Name ---- -- — .c...a mq,IA Signature vi Date Phone Number - --.—--— ... �.m tr.%'jL0j %ill— Y" Un Contractor to Receive Payment: ❑ No ❑ Yes Contract Number: Effective Date: June, 2006 Vol. 1 Pg. ( 9 4 Revision Date: February 23, 2011 Health & Human Services Commission Office of Inspector General Agreement with L ocal Prosecuting Authori Name Brazos County District Attorney J Contract Nu mber: 1 529- 11 -0064- Brazos GENERAL CONDITIONS: 1. Parties. The Texas Health and Human Services Commission - Office of Inspector General ( "HHSC- OIG "), and Brazos County District Attorney ( "the Local Prosecuting Authority "), and Brazos County ( "the County "), hereinafter referred to as "the parties ", do hereby make and enter into this agreement ( "Agreement "). This Agreement constitutes the entire agreement between the parties. The parties agree that, for the purposes of this Agreement, all references to " Health and Human Services Commission or " HHSC mean the administrative agency within the executive department of Texas state government established under Chapter 531, Texas Government Code or its designee. All references to "Health and Human Services Commission — Office of Inspector General," "HHSC -OIG," or "OIG" mean the Office within HHSC as established in section 531.008(c) and described in 531.101, et seq, Texas Government Code. 2. Authority to enter Agreement. This Agreement is entered into as authorized under Texas Government Code § 531.039 and Texas Government Code § 41.004. HHSC -OIG is acting pursuant to a duly authorized delegation of contracting authority. 3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Unless otherwise mutually agreed in writing, venue for suit against HHSC -OIG will be in state District Court, Travis County, Texas. 4. Term. The term of this Agreement becomes effective upon signatures of both parties, and continues until and unless revoked by the parties. 5. Purpose. The purpose of the Local Prosecuting Authority Agreement is to establish the terms and conditions for the purpose of assisting to defray the costs of prosecutions, as authorized by Texas Government Code section 41.004(b) in the course of the referral of cases from HHSC -OIG to the Local Prosecuting Authority. CONTRACTED COMPONENTS OF SERVICES: 6. HHSC -OIG Responsibilities. A) OIG shall investigate allegations of fraud, waste, and abuse in the following programs: Temporary Assistance to Needy Families (TANF), Food Stamps (FS), Supplemental Nutrition Assistance Program (SNAP), Medicaid, Women, Infants, and Children (WIC), and Children's Health Insurance Program (CHIP). B) If OIG discovers criminal conduct may have been committed, OIG shall complete and submit written reports and relevant evidence to the Local Prosecuting Authority to facilitate its prosecutorial decision. C) OIG shall provide the necessary records and staff as resources to the Local Prosecuting Authority at such time cases are prosecuted. D) As provided for in 1 TAC 357.661, HHSC shall pay the County and the Local Prosecuting Attorney in which the Local Prosecuting Authority has jurisdiction, the following amounts in accordance with this Agreement: 1) $280 for each case in which a Defendant is sentenced following an uncontested plea in a court of appropriate jurisdiction. VOL. 1 4 � 1 of 6 pg. 15 2) $678 for each case in which a verdict is rendered in favor or against a Defendant in a contested trial before a court of competent jurisdiction. 7. Local Prosecuting Authority Responsibilities. A) The Local Prosecuting Authority shall review and evaluate cases referred by OIG for appropriate judicial action. B) The Local Prosecuting Authority shall prepare complaints, information or indictments in cases it accepts for prosecution. C) if community supervision is to be granted in a case, the Local Prosecuting Authority shall (to the extent it finds them to be appropriate in its sole legal and policy judgment) recommend the following actions be taken in addition to any other conditions of community supervision: 1) The individual be disqualified from participation in the TANF, and SNAP program as provided in Section 6(b) of the Federal Food Stamp Act of 1977 and from participation in the WIC program as provided in Title 7 Code of Federal Regulations 246.9 and 246.12(u). 2) The individual be ordered to make restitution to the Texas Health and Human Services Commission, Office of the Inspector General for the amount of benefits unlawfully obtained. 3) Take appropriate action against individuals who fail to comply with court ordered restitution upon notification from the Department. D) The Local Prosecuting Authority shall make available at reasonable times and for reasonable periods, books, records, and supporting documents kept current by the Local Prosecuting Authority pertaining to this Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by HHSC -OIG, its representatives, the U.S. Department of Agriculture, or the U.S. Department of Health and Human Services. 8. Performance Measures, The Parties shall use their best efforts to perform the responsibilities of this Agreement and the Parties agree: A) Referrals of cases from OIG to the Local Prosecuting Authority shall be made as soon as practical after any investigation is completed. B) The Local Prosecuting Authority shall utilize its own independent legal judgment in the manner which it conducts any criminal proceedings involving Defendants. FINANCIAL REQUIREMENTS: 9. Conditions of Payment. All payments shall be made to the County and Local Prosecuting Authority after deducting any known previous overpayment made by HHSC -OIG. HHSC -OIG is not obligated to pay for unauthorized services or to pay more than is consistent with federal and state regulations and this agreement. A) The rates listed in paragraph 6(D) above are set by the Code of Federal Regulations and shall be in effect until amended or modified by Congress, in which event HHSC shall notify the County and the Local Prosecuting Authority of such rates and the County and the Local Prosecuting Authority shall have thirty days to agree to the new rates or to terminate this Agreement. 13) Local Prosecuting Authority represents that it has sufficient resources to enable the Local Prosecuting Authority to carry out the terms of this Agreement. C) The Local Prosecuting Authority shall recover only once for the services delivered under this Agreement. The Local Prosecuting Authority shall not bill for or retain any additional compensation for such services from HHSC or any other entity. D) HHSC -OIG shall pay the County and the Local Prosecuting Authority the service unit rate as indicated herein. 10. Billing Process, A) The Local Prosecuting Authority shall submit a Health and Human Services Commission State of Texas Purchase Voucher for payment. The Local Prosecuting Authority shall contact the local HHSC OIG Case VOL 1 L4 2 of 6 p g. _ _ 9 Investigator for instructions on how to prepare and where to mail the voucher. B) HHSC-OIG reserves the right to review any /all services for compliance with performance measures and adherence to agreed billing rates. OIG staff will make a determination on the sufficiency of the services. Upon final approval, OIG will authorize payment and process all necessary warrant requests. 11, Accounting Records. A) The Local Prosecuting Authority shall adhere to Generally Accepted Accounting Principles promulgated by the Financial Accounting Standards Advisory Board and follow Department fiscal management policies and procedures in maintaining financial records. ( http://www.fasab.gov/accer)ted.html ). 12. Notifications. The Local Prosecuting Authority shall: A) Maintain at all times at least one active electronic mail (email) address for the receipt of agreement - related communications from HHSC-OIG. It is the Local Prosecuting Authority's responsibility to monitor this email address for Agreement - related information. B) Maintain current licensure in good standing with the State Bar of Texas and maintain all necessary license requirements. C) Notify HHSC -OIG within ten (10) days of receiving notice of any change in the status of a professional license or board certification, and /or of a complaint that has been filed against his /her license, and/or that an investigation of his /her license or board certification has been initiated. D) Notify the HHSC Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint, Notice provided pursuant to this section shall be directed to: HHSC Civil Rights Office 701 W. 51 Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388 -6332 Phone: (512) 438 -4313 TTY Toil Free: (877) 432 -7232 Fax: (512) 438 -5885 13. Agreement Contingencies. A) The undersigned Parties certify that: the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the HHSC -OIG; the proposed arrangements serve the interest of efficient and economical administration of state government; the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder; and, the selection and award of this contract was made on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price. B) Limits on Compensation. This Agreement is expressly conditioned on the availability of appropriated funds. All compensation hereunder is contingent upon that availability. C) This Agreement is at all times contingent upon the availability and receipt by the Texas Legislature of appropriate funds; Enactment of superseding law or adoption of a superseding rule or policy; and, if funds for this Agreement become unavailable during any budget period, this Agreement may be immediately terminated or reduced by the HHSC -OIG in its sole determination. HHSC -OIG shall notify the Local Prosecuting Authority when it knows that funds for this Agreement will be reduced or eliminated. The Local Prosecuting Authority may terminate the Agreement based upon such notification. If the Local Prosecuting Authority terminates this Agreement based on HHSC -OIG's notice to reduce or eliminate funding, the Local Prosecuting Authority shall notify HHSC -OIG in writing of its intent to terminate the Agreement within fifteen (15) calendar days of receipt of HHSC -OIG's notification. The notice shall contain the actual date of termination and the Local Prosecuting Authority's date of termination shall not be less than ten (10) calendar days from HHSC -OIG's receipt of such notice and it shall not exceed ninety (90) calendar days from the date HHSC -OIG receives such notice. 14 — / 3of6 P 1 D) The Local Prosecuting Authority agrees to comply with state and federal anti- discrimination laws, including without limitation; (1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); (2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); (3) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); (4) Age Discrimination Act of 1975 (42 U.S.C. § §6101- 6107); (5) Title IX of the Education Amendments of 1972 (20 U.S.C. § §1681- 1688); (6) Health Insurance Portability and Accountability Act of 1996; (7) Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); (8) The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement; and (9) Discovery of a disqualifying debt (state franchise tax, child support, or debt to HHSC or the State of Texas). 14. Agreement Changes, Amendments and Renewals. A) Changes and Amendments. No change, modification, or amendment to the agreement will be effective until approved in writing by the Parties. This agreement together with any approved amendment(s) to this agreement shall be the controlling instrument in case of any dispute relating to the wording of any portion of the agreement or amendment. In the event of any conflict or contradiction between or among the agreement terms and attachments, the documents shall control in the following order of precedence: (1) The final executed Agreement and all amendments thereto; (2) The Agreement Exhibits or Attachments, and all amendments thereto. B) Unilateral Amendments. L HHSC -OIG reserves the right to make unilateral amendments to this agreement when necessary to: a. Incorporate new or revised Federal, State, or Department laws, regulations, rules, or policies; b. Update service level descriptions or unit rates; or C. Comply with a court order or judgment. The unilateral amendment shall be effective upon the Local Prosecuting Authority's receipt of a copy of the amendment signed by HHSC -OIG. 15. Provisions for Termination of Agreement and Dispute Resolution. A) If the Local Prosecuting Authority fails to provide services according to the terms and conditions of this agreement, HHSC -OIG may, upon written notice of default to the Local Prosecuting Authority, terminate all or any part of the agreement. Termination is cumulative of any other rights and remedies provided by law, agency regulations, or under this agreement excluding pending claims for work performed prior to the termination date. B) This agreement may be terminated at any time by mutual written consent. In addition, any party may terminate this agreement by giving thirty (30) calendar days written notice to the other parties. This agreement shall be terminated at the end of the thirty (30) calendar day notice period. Nothing in this subsection shall be construed to prohibit immediate termination of the agreement pursuant to subsection A of this section, above. C) At the end of the agreement term or other agreement termination, the Local Prosecuting Authority shall in good faith and in reasonable cooperation with HHSC -OIG, aid in the transition to any new arrangement or provider of services, including the orderly transition of case files /reviews and all other documentation prepared by the Local Prosecuting Authority. The respective accrued interests or obligations incurred to date of termination must be settled equitably. D) Dispute Resolution. i. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used by HHSC -OIG and the parties to attempt to resolve any claim for breach of agreement. ii. A Local Prosecuting Authority's claim for breach of this agreement that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Texas Government Code §§ 2260.051 - 2260.056. To initiate the process, the Local Prosecuting Authority shall submit timely written notice to the agreement liaison described in Paragraph 9 supra with a copy to the 4of6 Vol. �7 Pg• HHSC Executive Commissioner or his designee. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, Government Code, are being invoked. A copy of the notice shall also be given to all other representatives of HHSC -OIG and the Local Prosecuting Authority otherwise entitled to notice under this agreement. iii. Compliance by the Local Prosecuting Authority with subchapter B is a jurisdictional condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the Local Prosecuting Authority's sole and exclusive process for seeking a remedy for any and all alleged breaches of agreement by HHSC -OIG if the parties are unable to resolve their disputes through negotiation or mediation. iv. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this agreement by HHSC -OIG nor any other conduct of any representative of HHSC or HHSC -OIG relating to the agreement shall be considered a waiver of sovereign immunity to suit. v. The submission, processing and resolution of the Local Prosecuting Authority's claim is governed by the administrative rules adopted by HHSC pursuant to Chapter 2260, Government Code, as currently effective, hereafter enacted or subsequently amended. The parties shall use the specific procedures set forth in 1 Texas Administrative Code Chapters and 394. vi. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Local Prosecuting Authority, in whole or in part. 16. Use of Information. The Local Prosecuting Authority, pursuant to its responsibilities under this Agreement, may use or disclose information referred by HHSC -OIG in compliance with applicable statutes, rules and regulations governing the use and disclosure of information relating to cases handled under this Agreement. Such use or disclosure shall be by Local Prosecuting Authority personnel who are personally and directly engaged in, and only to the extent necessary for judicial or administrative proceeding participation or preparation, any investigation which may result in such proceeding or any grand jury proceeding, unless expressly authorized in writing in advance by HHSC -01G. A) It is expressly understood and agreed that no party waives, nor shall be deemed to have waived, any immunity or defense otherwise available to it under the law. B) This Agreement is not intended, nor shall it be construed, to confer any benefits, rights, or remedies upon any person or entity not a party hereto, 17. Cooperation with HHSC and state administrative agencies. The Local Prosecuting Authority agrees to reasonably cooperate with and work with the State's contractors, subcontractors and third -party representatives as requested by HHSC or OIG. To the extent permitted by OIG's financial and personnel resources, OIG agrees to reasonably cooperate with Local Prosecuting Authority. Sof6 Vol. 1' Pg. 99 Texas Department of Health and Human Local Prosecuting Authority: Services Commission: Signature Signature Douglas Wilson William R. Turner Printed Name: Printed Name: Inspector General District Attorney Printed Title: Printed Title Date: Date: Ap d: 1 By 6 q 7 / 0 S County Judge 6 r ' G 5 County, Texas Vol. J 4 of 6 Pg. j o O INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2011 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court, the City of College Station (hereinafter referred to as "College Station'D, a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan "), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice's 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter -local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, College Station will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, College Station agrees to provide the County $18,658.95 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station agrees to provide Bryan $37,314.80 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and v01. 4 7 Pg ID WHEREAS, College Station shall use their $17,259.25 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station, Bryan and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows; 1. College Station agrees to pay the County a total of $18,658.95 of JAG funds. 2. The County agrees to use the $18,658.95 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. College Station agrees to pay Bryan a total of $37,314.80 of JAG funds. 4. Bryan agrees to use $37,314.80 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support,'information technology, research and evaluation activities that will improve or enhance law enforcement programs. S. College Station agrees to retain a total of $17,259.25 of the JAG funds_ 6. College Station agrees to use $17,259.25 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto, 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. V01. 141 pg• 11. Effective NO and Term This Agreement shalt be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2012. 12. Indemnification Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. Consent to Suit. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15. Written Notice Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF COLLEGE STATION: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 CITY OF BRYAN: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 BRAZOS COUNTY: County Judge Brazos County 300 East 29"' Street, Suite 114 Bryan, Texas 77803 VOL 1 'x' p g. 163 16. Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18. Texas Lary. This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20. Authority to Enter Contract Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22. Agreement Read The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Vol. I q 7 pg. 104 EXECUTED this the day of 2011 by CITY OF BRYAN. CITY OF BRYAN By: Jason BienW Mayor ATTEST: APPROVED AS TO FOAM: Mary Lynn Stratta City Attorney City Secretary ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, JASON BIENSKI, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . A.D. 2011. Notary Public, State of Texas My Commission Expires: 101, w7 p iC) 5 EXECUTED this the day of , 201 ]by CITY OF COLLEGE STATION, CITY OF COLLEGE STATION By: NANCY BERRY Mayor ATTEST: APPROVED: Sherry Mashburn City Manager City Secretary City Attorney Chief Financial Officer ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day Personally appeared NANCY BERRY, Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , AD. 2011. Notary Public, State of Texas My Commission Expires: _ Vol. ) If I Pg. EXECUTED this the day of �j f.' 201 l by BRAZOS COUNTY. ATTEST: ar McQueen County Clerk AV' COUNTY OF BRAZOS Y DUANE PETERS County Judge "P ROVED AS TO FOR ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared DUANE PETERS, County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL, OF OFFICE this 7 U - of Y , A.D. 2011. t u lie tate of T as My Commiss o Expire A :p BEATRIZ D. GREEN Notary Pubic, State of Texas '�• ! ' r r My Commission Expires JUNE 11, 2014 Vol. 14-7 p 1 D 7 CONTRACT AND AGREEMENT FOR POST ADJUDICATION SERVICES OF JUVENILE OFFENDERS STATE OF TEXAS COUNTY OF NUECES NUECES COUNTY JUVENILE BOARD NUECES COUNTY ROBERT BARNES FACILITY RESIDENTIAL SERVICES October 1, 2011 -- September 30, 2012 This Agreement is entered into by and between Nueces County Juvenile Board, at the request of and on behalf of the Nueces County Juvenile Probation Department County Juvenile Probation Department concerning residential care services provided at the Robert N. Barnes Regional Juvenile Facility by the Nueces County Juvenile Department pursuant to license granted by the Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over the facility. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision, The placement facility to be utilized operated by Service Provider, and is located at 2310 Gollihar Rd, Corpus Christi, Texas 78415. ARTICLE 11 TERM 2.01 The term of this agreement is for 1.2 months, commencing October 1, 2011 and ending September 30, 2012, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term. ARTICLE U1 SERVICES 3.01 Service Provider will provide the following level of care services: A. Moderate RESIDENTIAL CONTRACT Page 1 Voi. 1 4 7 Pg. 1 6 W The level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions detennined by the Texas Juvenile Probation Commission. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off-campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children,.for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shal I be submitted to the Juvenile Probation Department within ten (10) working days_ D. Ensure that the child's parent(s) or legal guardian(s) and the Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to the Juvenile Probation Department a written Individualized Treaiment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case flan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report RESIDENTIAL CONTRACT page 2 Vol. l 4 7 p ) 0 9 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. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical, dental, psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation 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 N EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's perfon"nance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (b) months following release from residential placement. 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 (5) 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. RESIDENTIAL CONTRACT Page 3 ,tlol. 14 7 p ) 1 C> 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. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of j90.00 per day for each child, admitted under "Moderate" Level of Care. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the Probation Department. The initial psychiatric/psychological evaluation for admission is required prior to acceptance into the program that has been conducted in within the last 12 months. 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Department on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ( "Outside Treatment ") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment, The Administrator shall notify Juvenile Probation of outside treatment within twenty -four (24) hours of its occurrence. The Juvenile Probation Department shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post-Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. RESIDENTIAL CONTRACT page 4 Vol. p f Notwithstanding the foregoing, the Service Provider will endeavor to seek and obtain all benefits available from other sources for eligible juveniles. Any income received by Service Provider from sources other than this contract, including but not limited to medical insurance coverage, or contributions from parents or others must be documented as to each juvenile for whom a billing is submitted and deducted from the invoice submitted to the Juvenile Probation Department. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March I following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006, 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. RESIDENTIAL CONTRACT p age S V ®�. ► `� Pg . f a ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of the County and other documentation required by Service Provider. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or- unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department of this determination. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally detained the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of the Nueces County pursuant to: (a) 6.04 of this Agreement, (b) Order of Release signed by the Judge of the Juvenile Court of Nueces County, 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Nueces County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Nueces County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation, RESIDENTIAL. CONTRACT Page 6 I Vol. 1 L4 7 Pg• 1 ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Nueces County Sheriffs Office); RESIDENTIAL CONTRACT Page 7 Vol. B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1 -877 -786 -7263, followed by submitting the report within 24 hours of said call); and C. Nueces County Juvenile Probation Department to facsimile number 361.561.6060 (Attn: Chief Juvenile Probation Officer). ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and 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: (I) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer., recruitment or advertising, lay -off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to RESIDENTIAL CONTRACT Page 8 v o l . _ I q7 Pg. i l_5 employees and applicants for employment, notices to be provided setting forth the provision of this non- discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the Iocality 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 XN DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to :mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D, The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. RESIDENTIAL CONTRACT Page "9 Vol. 1 47 Pg. ) I Ir E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party address. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. 1. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. ARTICLE XV TERMWATION 15.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery of its intention to terminated: A. By thirty (30) days from the date of the of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XV1 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. RESIDENTIAL CONTRACT Page 10 1U ®1. 147 Pg. 117 ARTICLE XVII SOVEREIGN IIviMUNITY 17.01 This Agreement is expressly made subject to Nueces County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Nueces County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVUI REPRESENTATIONS 8c WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and *owing to the State of Texas, the County of Nueces or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation and the indemnity provisions, as well as for any potential liability that arise form or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Nueces County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein_ RESIDENTIAL CONTRACT Page 11 Vol. H Pg. llg ARTICLE =1 PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by the county for the children placed in the Facility by the Judge of the county having juvenile jurisdiction. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we here unto affix our signature this day of JUN 0 9 2011 2011. NUECES COUNTY IN PROBATION DEPARTMENT H orable Bo b G 'van, Chairman Horner Flores Nueces Coun v nile Board Director /Chief Juvenile Probation Officer 94�` District C ,Tudr±e .��ts COUNTY JUVENILE PROBATION DEPARTMENT Chairman, Juvenile Board Chief Juvenfl P Officer RESIDENTIAL CONTRACT Page 12 vol. 1 4 7 Pg. 1 1 9 — Ramh Payment to: Make Checks Payable to MITCHELL t From the U.&: MITCHELL REPAIR 26029 Network Place Chicago, IL 00973 -1260 From Canada: MITCHELL 1 P.O. Box 7426 Toronto Slabon A Toronto, ON M5W3C1 Canada .ice Correepondance to: MITCHELL 1 P.O. Box 508044 San Diego. CA 92150.9044 (88M 721 -8742 Federal ID No.: 33- 0734307 GST No. 888262010411T000 ORDER FORM with EULA ORDER # Orloff? SV 3864375 NEw ACCOUNT? 0 Yea ❑ No ❑ Has Info Changed? SH[P TO ❑ Rap Z CUStomer ❑ Other SKIP TO # MKT SEG CRP ID: MBR F: POG: areiAy DATE: 5 -26-11 CO NAME: Brazos County Road & bridge OUT OF TERRITORY? Y ❑ NV] (V yea, needs RSU approval) ATTt_NTIom Ken Madwick FIELD REP#(adlgltscaouno 626228 ST ADDRESS: 1 2617 HWY 21 WEST FIELD REP NAME: Car) Downing CITY, ST, ZIP; BRYAN, TX,77 ii of USERS NEWIREN 711 REP y "E 1 PHR: 97"22-2127 X3032 FAi A. 979- 775 -0453 EMW L: kchadwlck@co.brazos,tx,us F Blll to address Is the same? If not, complete the following section. BILL TO A. CO NAM> ATTENTION. ST ADDRESS: CRY, ST, ZIP: NeMrotitZeciton Subsatptbn Ac"lon Payment Term Coda PRODUCT OTY ii of USERS NEWIREN ,�, Web Repair 1 ,/ S!(i ilA1t1 $0.00 $90.00 12M addofl Tax* $0.00 Total Due Now $315.00 Total Due Mow Payment Tarim ❑013of90 ❑ Check ( CkM Arne Dab J ❑�, 2`2 Q P.O $ 11 ❑ r canoe b haaam a dmeace my nmml,y aw mam paymaM m e,s amount er hills ado, Bleaetn rT rer '—` PdetName Tttta - C -eqA t u l TruckWorks 1 ❑ $0.00 $225.0012M popdsc( SAP aEl Other arms & Condillons sae End User License Agreement Customer Is responsible for all applicable state or local loxes on activation fees & payments. Cash Purchase I authorize Mitchell i to arroll me In the Direct Dot* or cradit card payment plan ED e1 mordhiy bill. I aulhaize the financial enable Mo aulanaYc payment of rry Mlich0 Insautlon name below to charge wt account for pay "d of my Mitchlsa 1 bill. Check am of the following: Credit Card ❑ Direct Dabk (atlach voided check) ❑ tftgeatun: Dab: Net Amount $31 s.DO Tax* $0.00 Total Due Now $315.00 Total Due Mow Payment Tarim ❑013of90 ❑ Check ( CkM Arne Dab J Credit Card Type: ❑ Visa ❑ Mastercard ❑ Amex ❑ Discover Q P.O $ Card>M f SPECIAL MVsMiICTtONS Per Hugh, Add for repslr only $90.00. CVG promo May 3 June two months five applies for level G, Customer is a county facility and jardER PROOtlCT9: Is tax exempt, Total for year Is $3760.00... customer Is paying with purchase order. contract is written based off level G.. THEUNPU TONED TEAL1a ErF *am ANO HAVE REMWD DACCEPT E07WT EMUDFTHE END USM LICENSE AMMEMENr. INVATl�lE537HEREaP, P HEAEIO E SHORE EMFMON THE RESPECTIVE Mr ;INDICATEDAW4E cad Uear10»nsr sgneAln r canoe b haaam a dmeace my nmml,y aw mam paymaM m e,s amount er hills ado, Bleaetn rT rer '—` PdetName Tttta - C -eqA t u l l. >Q You m �w V. owrce.a . "/LA/_ PDF created with pdfFactory trial version www.pdffactory,com Vol. 1 7 1 a o Pg. MITCHELL Is CUSTOMER LICENSE AGREEMENT 1fo13 WMKEL1 I CU3f0Mfli LaNSE AGRtEMEW pra'AgraansnC7 by end bsb~ "TC1#LL REPAIR 1KF0RMAT)0W COMPANY L LC and/or Psrwlt, P.O. RD% 0001PA. Jan Otago. 13eeylarata 121tf0 -(iM ('MRstrall T7 end the purebrw ldetnigad an the Mitchell I Order form C *Clistamer'} enarhsd to tit) Agresmem and tr4apaatad heraIN Terra. This AgraemaN sW commance upun ties data an Order farm tdslhad below) It sorsprod by M WA 1 as tasted in Sattlan ) beioa rftteolf" Dale") and u *# itnnlnaled pallet in w=Wfince with the Agtamnntwill resrit In lust force and affect larr the ptntod of shun afeaod on am order form C7pWal Terri') and will be rananted so provided horn" t'Itons vol Terns' end col4dtvety wlob the Initial Term the 'farm? Thin Preis stknsw4dgs ISO In soMcce end subwAloo n rosy have different Tema. TM aphwim or other mmeastlOn of e SatvkefP), slid net s 3ubrafplan shot not temHtafkn tip Agremrank and ilia Agreomentshall mash in hd iaee a nd areas, as it appid" In the &d)tWMkn or Sgr"(d) not terminated. The tetminrlan at o Subsinfoan, anchors Servii:*CA And oatothr UM -6111 that not tetminata the Agrercent ark the Agraernant oalt r a na m in Fall rota ono sRect m It eppin w 111e9trvtcs W not lamtoefed. Ordorr Fat s. Endo Mf holi t ihodeoi or Srvkt(pairnd below) chap he Ordered pttwant to me or man WIchali I older (arms diet reference Vas Agreement end we signod by tbrmmer endMidreFt{' OrdarFaem' awhkhsl +MiboomepeKaftedsAgresmant (Srstontor:rlumr kdgn and ogre" asst to order Form and ate my8ealfon, payment and other fnfarmmUGn sub- mitted by Q1Kallmh an sits oeder fame M eompleteand aaevnte. Order faint la: pq Producer proNdsd ekalroalesplt ar R) 3enbe artd t4edutts pnavfdtid aleamrdally, en se nsP1ed when Mitchel 1 made ikutoaler an Wee ardo n ss age aerlllal elf OMr ferns All mks order Fanws by Fy)Pndams oat pmatded okcborddia. or 00 &Mm and Products not provided alomrs akaly, are owe pled upon ahlpntaatof ties Prortrrts.4cerar d I CA td *gpohn. order Fbrtna far3evJra oily eta aoropled whin an audmmnd Mkdlsl I rcpnanb6ra 1pn,An Order Form Amy arum end mnelkira get tali tie a paadte" adr or 0uherwmlWr ddaamam- adon from Cusamer shell to c , , 1 1 aid vdd nail of ho force and affect: In tha event of any QWIA belaaatt An stew and conditions of 1114 Agrodirtent and those contained an on Order Forum an terms end copdNlmr of chit Agraemesi shell pro"IL pioHded that theAgraernan may be N yspkmented or modifled by the Order Farm only N to Order Form oped3od4v tlamtllse the pw .l do of %No Agngemtd b be supplemented or modllrk. SsmAsss, The tuy Srviaas olhmd by Mitchell f am rated an tin lkdr Form and It Rated by Desmmer on wr*d to t)r term of this Agrstment. This Satdrs(s) Lawless termlaetod earls in aardpace wall his AgnereenL rMf namm aummeticab ter additional Renewal Term equal in Pee to the kdtlol Tema, anbas Custarwase cols thla Agrxiaant M to he S*MW W H wridng within w days per to the end of thin Tan NaNdatOfiMP *Wbisa Iardta to the can"- N tlsl Order Ffre ptowldga Ise a promo dorwl parrs the "laR41 Term' and 'Ratlwel Term' shad be the promodornl tans darned In the order firm, The 30 day miles of can 0111408 stated share sluaA Soppy a cry puoeooaosial Mum. 2.1 MI duahmw FrOdO mane* Setelaas �.1,a tMgraleW. R ile tAndas ata)'gc9udg LLstcrner Ra0eniton hlerhisdng Ssrrke rtanersim rgwiiij Target medal Pamoeero VTFAP" 1 Mlichou t SsMcebtdggenoo Miter'), Pwfnnnenss Connor. Pedon onoo Repaliag end Data Pro4ctbn 004 and atber,aMrme timt may be Offered kom iasa to stn as futtiur opaorle d on tin Order Farm (mtabtalsor indilAdarefy a COMM* rgteaed to ) srv iea G)3 8eetton ldawgh8solkers &1 seMCeo)aaleated 2.1.2 Custamar Rata radon NInkellne 3gnl9e Ramirddm If Cudtgrnt seeds CM as sad folk an the OMarfamh, Mag I agrees to provlds Who fuaowktg arvicsc (a) Evbrsa astwer end v uhlde lnim rAlOO (1001 Von eutamtms fulttJas amnrgeunapt gofers Fortin, used fdsflwtshg Services 6w and balm). tb) Prwhfs'MarkeRng 3ervitow dustincluditvantics rontnder postcards via mil e-rnel vervico poshksrs.and thank 7e+ o-malt far now oustpnrera. Srvied gsralndaravis mail wdd"all woos reminders am kraal to unique rghldadsurlomar records darned as albgible for oOkAid m bated an the pslstant k wd chosen on the Oder Fora* E•nwl urvire rertllnden twit alsaye be sent when an a -nail addeus Is epfthid bry Mitchell t vin the rematdss Pmceas or may be oblaeted by MWa d T Nrougb thAnd party a•ma!) Praddea (a) M6119g. a dcob4m of customer end vehic4lnkxsatetion for the tatataror. (d) Send emtaar and vehicle dean to plod vendor of MRrA00 0 chars for Medsotag Services. (a) Use data W C l eans ing ptpceageg (a data intogrtiyand pmvw 0 tare, "Wimotmsnt foe auommordsle etaraga. (1) pmwai aCuswnermdrnl" t and nlsWrnr support for GRMaeMOetdddnq tha Term of lha Agrement (oil) M 13uRwoae hat opiad nor Wasos Iaoaamerdro#m on she Order fans, such nOOaunrdettou -Ml bo added to eeevks soinWor tsatcank and "PUP &ivies r000awentkgeas war be pugW from Iba Mexhd rat &iapeap MNnager program (a) R CUStaaur bps optsd loran Tetgat Madan Nornotlons fTMF) on fie ORW Fret, Mlohd 1 agmes to 1n'+vUs promotional marketing sarvicre is fig Customer td tog bawd pflce. state for TMP win be provided sMnat ham m dot Cusutmoe s =left cantanr defebata and Wooded fa wool MPIOV romp alpine or OD fort an adhtlaasn l t" wrd as )notated aNi the Order Farts, Qrataaa m ektKlo "nnf a cuebmor mWhag flat ftwgh MMdmk t home Hood NOW fYovides Warned biWO4 It C aa0emr deco to rent a molfng Fist is provided h Mro Sacdon 3.7.2 Os), tech ranked moiang Ibt a)tsfl be rultd orly frees Q) maal- ing event and MRdhel t It mot pemllited and will aft hi my went provido is lot of custamera kni udad In • roubd melting gso. Standaid presnoionl va nark tam- plates wepawfed AlCustames option, Mitchell 7 will create mWemleaapklat far a one -slme hoe Soh sloe for ton h Unique tempkm rertusaid. The lit" large Includes one (7) llrrige r rw4luala thin aseom aemplam. to Culromtr oong 1e. oCRbl a swWks con ham On "I - sh +istaf g pd preassdi test ng bw wrhp4bs Nile aoe7d at m Pnae. Cullom mphia Than PsaavhWtg tau ooupont Can flea a aoogwna am awatiahhe to cuttoraen su6aedbov I* aCRM * ser" at $150 Per reqUWL 0) fame opting fa monNy Postcard service con dtonte Coupam true a krge W of coupon dolln "91sias and make a meahraum oft roNSlons in twelve (f?) month perW& Addhtorrl camera nwpon chingte rain be aaoKaeted at $IEa par rojimt Tharp Is no limit on twitching coupons from tha ONAO g WuPOn tam - plata IResny. Oustumer Opting for fb7tmrd senfoe can da"e cover anwodt frog Ohs asletLty hgbcbell I library and motive one (1) aus;om dealgn Per)e14 and ■ ntaslmw* or wwu (2) revtolane to that aussoal design Auddwalcoavr art change esqu"to ed n be cwWkmd as FIND par tequsst 34,3 Ow silhaloOlta.aan The Cuslumeretknotdedget that Flr7thcl I wit bin pssang coatuoatr service htamry rite on behalf 01 Clttomrr via a uilgln frarmgt login. and Llslamr scohpte full rsapo vibitdy for doing as 3,1.4 h44aks111 DateProtacdon 6"pea. if (Lta7a 4i safrca DotoPmteakn 9erviese Atspop rotecdort), Mitchell 1 sgrons to p oldere Its faFowhsg: OatrPrateWom Servloes. (a) Prelndio Iwb bead dgutronb taop)iog sod stanago of Fos. Including, and leaded to Mrtthal ty9iropKiy shop maOegamaat produn detafreSo fla. (6) tAMvellltu+ twrrersrrHcapnsoansltopuwofsNSbbradraatonUOnof deeacakal4rttaed glen, Induang. and limited to. kifidW IdS4m0(4y shop aNnegamard product database If es. 3.tA OtharllbhtaandR"btodana (a) Mbatail 1 resemas the tight W era third pestles to provide anyof uha ftn4cos under 1h4 Agreement Mh1M Pelf Pto*rdae). (b) Mitchel 1 raaenu fie right to modkor dkomtbuq to tiperarlyor pemhanarsAty, ■R or a pan of the SoMac(A in the extent such Sa wkeW are modl7kd ar dawsanusd for substanddy d at ON customms. (s) hMYiirdlA1tvimsNisrighttosuopartdawraYrtepro visionofany>3ipir:ne In a panloder Iulsdcion p 1,11lclid 1 doierodhso, In its reasonable dhcetion Nat Are llan6csa cannot be provided in aaAtdanse vMh appfcph4l+*ra. (r0 AS Software daraod aaadned by Mitcl dl I most be nmavtd from Cuaarowes oanpvtar and rebaratd to Machs9 I upon m9tdaefl 1 C etgart weh a ap'a don AramOustrnrther al sefnwerrhas bsra rrndsad (e) Mitchell I arterial are t%bl to evinces ha legal rights agdne and PO Viru woo At Servicaa without ha content or An daladon at this Agmarnent (f) MilahN 1 rafarvu as rox to mein change In rules of oparaaat Natssiq+ Aaetnrma, s,csrJbily, Procsdurae- mrntlrsd aqutpmeat typo at system egdpaam opr+t4g ryetem requir prWaL Programming )anguego and any otter matter* Pointing Ice the Sonnets and Is uet w Oho rt notice. (g) Cant mw, and oat Mitchell 1, dug base rate nuponsArNq m ohmtm mdol da and operate, or cause to he olawartnesimahrd and cpanted at its own gapearr, any and all equipment and non -Mi die" t raft fors that may be used in cooiimcPan with the Sa+dees. (h) Mlkbell 1 agrees tmtm dledose r ilea errs premalbte rkshnd wait frill"l t except to the estbm oeasyttry a Sorry inn to obllpetkns leHcr UsIx Agrerrw/t v.hkh map ktdeda obadng suds dam wah Thbd fbrpr Pm 4dsra A9lcltdf f m"nas the parpawallight w sppmgdta ad maritet date calisctad Iran a Canammar tCrvarious pugmses.lneiudYq wfAsoutlFmttelten brndsrnddnp, research std dam amaysb, and Customer shelf be nspontdble ter put ASV Cutta)"ar's Cugsansra wbh a" loco ury batten of sad right (t) To Are "ant a ray of tin Sam bat woo era use of sotlwera by Custww' CusmeaerahaI cwt: peril trane4r, mot fuse, siblimaa ordispas of fit awtiaa. or apyPon a rnplts akafaof R madiy, fAanga *1ta 4 ve akin. agate dsdvr Iva waft from newsso epetnow. diessoomble a daeornpl4 this Srvket In my way far any nsson or nNaswdts dismpt so dhesem the Source Dods to the sofsaerc: p10 ProMs, dlodow aRwfar at rasa evehill 1p, or perms use M the 8NnActs by, any third Parpn or 4r) oopyaf repradree all or any part of the Seadna ncg)N as o*msey pcfmtW d In dd; Agremaew, q) In sdditbdto any resulcil" eel rarth In this Agrmmanl use of Ace Serdtos te lmhed to tin teatddfan act Isnh TO oho Order Form. AN if" not opt" by grutbad a Customer In this Agraamem of Also order form are reserved by m achea I. (It) L1lstome+ silt he raspsnstb4 fair Qtvtrg f2woms 1`t naasnreeR noire That lf an . orld - 5 Is not provide{ a Gard parry e pmvk*w war ber u »d in a.r altampt to ob sin split cusharner's a -mail addraab (0 Mitchell l' s Third ParyProvidanrsdrattbenegabrksofdt4Agnmtrrt sod stroll hens the d0tto enfaeois this Aanamrrrt sgsbutOnwroax Will respect to any vfdtidan by Customer affecting the prodide of Thkd Purl Pn dmlleaasadtoCustomerunder %himAgrarnea 3.4 aaduorhrtieas. The produda allomd for licensing am Wid Uri Order Firm aid the products sdaeetd by the Eimas arslnl be nfafrad to N IhH Agreement a Nta'Produms'. Preduate ere avolsbla by arbarrtatian and W*ct le {hr traw of Ads Agrtmmm as.t 7tsa Products an tkansed. artd not sold, on a eubsatatbtt -bss4 my. Cuganr may sebotop she Ordar Form the spa of subwriptlon to he patthwd by Customer "ch a'Soburipdash End &Apialpelon may be sub]tel to different moss and nmdfdons as described below, 7M Term OF a9ufrodptNSSxi/frammenw oft the EFWke Otte, and wtms terminated earlier in e000rdsoce effh thk AgReetePL will con Arne for she term detcnbed to The applloatis 4lu scalptions beox (each a 'Subaorlptten Padod^} Each renewed of a Subratpllon wiii be considered • stay SusuipSon Period. DeArag the applicable Sabsodpecn Perko Cwtomer war tgooki any Vdetas m the P oduttehat MkcW I s nakm avaWle generally to Ile awx(ners as Anatol Aar applicable lkilwalidan Mdaesary X= The foram below WIN apply to ft Sebeodpdaa calmed by cWtomer, 0) Putchow. The SlhbsMprloa POWs for this Subacdpden an either Awae» (123 or tweray -four at) momlita selected by Castarnr as Am Order Porno ASubscrWIen under this updon mey be rmsawed by tbntamr Fir 3vantdve helve LU) month periods at tha and of the then- cungnt Subscription Period rid at "ch anaberaary of dm Cam arsomettDate theraelupwoo =shitsCoramerrhlkrhellthave o"od to anew fr m eaanded team IM knBN and frmi el wNals died be In wRR- fng *fro by Mkch&R 1 and Oustaner. At its and of Me applkahh Subsatplim tTFir"10 PDF created with pdfFactory trial version www.pdffactory,com Vol. 1 7 pg. l a: l ' 'I CIA NdauL R Ns StrbsaApdoa k not ranen+4 aulgen to die worse and conaltom of Ida Agrravoent Clsarxoarvrll hwe a perpetual Am" of mat tixrdon of bite Produce ltmr ad to Cwtorner as of the cad of the appDothla Subscription Period. but WS WI; be eattled marry Updr m , to the Product after the and of lie Applicable Subscription Nefad. Any ranerafs of a tubscriptbn Will coftgft to s eapomta OAW form. 00 Rental. The Sub lmVilon Psdcd for its Sabea 1ptlon b aRsgha for On bdilsl tam a(aaehv (12) or twentyieur (yV sricodn falorfisg tlr Cenmuheemstrt Date onkfal Rental Se W or(pttoh Peded7 M edditos to the aP0lkabk SubsGlptbrt led, paL- ormr may be required to pay Madrdl I s one -time AciAratbh fee to commence the Rental Subscription, The scovedan be b non- verundaQle act Mo Orow Form b ouQ- mitred to MR6911 mhkss Mateo l declines to accept the Order Form. W10011 1 will Mt Customer mardity, wpb payments duawlddn VoW (10) cabndsr days f shrimp IM dam tithe Miami 14vWea.Alter the rddaf Rental 9uboor" n Period, rho Saba - alpum Pmdad for 611 Es6scripson wit seesaw aalb natlaely far 41MI10ai pabde of Asdw DP)mrea a wch(andi e'Rantat Ramona( Ppofod"1 trlesCtiemmer anoeft d* Subsatptbnin a wdten aaloa to Mhchd 1 shells m osrod by Mitchell 1 no taw then ddeq (Sot rmlend a ds)e Prior to nptradan of the thet•wment Subscription Period A SabaeripOw may rot be w000lkd during the hihid ROUT Subaefp"t Pelted or any Rental RonmW Period unless Customer pays Michell I do Applicable huyratd tee to ancef a Subserlption. Mitchell 1 mlerwr she right Is dtenge M6119 upon ncdca to Customer prim to am ch Fkrnal Remawal Pedal. At the end 01914 Intel Ranh Sobt- ptpticn Period or any Rental RmnewsI Pooled. Cuvtdmar moo( teem to Mhd*U t the Pwduci, any (lpdra k dhgewsMatare and ail onpiea thermal and dfeeortGCus ate of the prakect, any Updolaa and en dose drasibn rrdeds Customer dew to puwh oso it peVema ucimme m me ihat eerdon at do Pro" Ati nrd hi Customer as or tfm and of the applecodo Slebxteptn Period fbuyou0. If Customer purdlrsesthe Ptagobel narlr4 Ctntanarwill not be entitled b any Updates enelan Customer Purchases a ra"W,W sub#Wpdm. Perpetual gent btyottio mat M1141116 for pooduett dAMT.11 confirm oflor Maas ger BE of Meting afte SE. Lieamse. (a) Subject to the burr and oond]tbna of this Ag reamed. Michell I grants n Cuid0 tar e paraornl asoo duabsa rastvmstetable, Wool fksma 10SOMIS 4111191141 dam m ectAMW vsnbn d the appRabla Product dedog the eppgab(e Subearlption Period purchased by Customer ad* farths purpose of M Prod6ng vahkls mechanical senylaes; 00 todrndnp wMda medremket poem and tuber east aslhtriw:atd QIO curbacling vehidn shge manage- ment Union f(ro 0rder Form apedlim atenvba the license shell be for one luc4AW with t otisn earotnllg to s distinct biAWbq ardor, If the Oslo Farm aWborbas more urn are ass,, than the number Of users shell be imbed to the Acrobat not W* an *a Order Focal When todmfeally and bawmby fanbfw Clubmer MAY wake old wry el ma Product sdely norbod isp pugmwe. (b) if MiechsRl tsadws o buyout des fors parPartel Mummies hodud ro sccsrdsoco wddi Via lame of this Agwrmant. ")KITO the tmma end condtloas Of ids A , praaaast Mitchell 1 grant, WCustomar s parwmst nonatatAdvq s snmussksrQta petpewtl Banns is amsa and use that Version of to Padua Irxnase) to Customer an the data Customer assets to pay the bnryaut tee ao]rty kr tlr puepwsoF f0 PhWidbg wMge mealtealoel wfsTose; iii) raRmadng veMde samdw"litrb sod label cost esdmstor: and WOmrduenhg whkka shop marpp- me m Whon taduesalysod ruoarloW bsslbfw Customer my oulte one on" a the Product scfey br hedtup Purpan CU900K shelf era be GMIW Io any Updow toh%ft tits pay- ment of to brq'auT sea unless Clelarmar Purchases m WSW subscrptlan. Perpetual Bane Meant is not osudloth W products debwrad mars: (a) Regardless of the Subsoiption Ndad Nommramynms P) copy or reproduce die produce except *2 perdded to this Agrwment 00 aftN the Pmdoot or dots from the Product to be made ewBAQFO Is Will person elite than Customer; 04 snlptt aril tunsW Or pan ximV We data, the PadUCt or =met siteta Product: 0+3 UpneletL raneseenptrasr, dKomil e, diww amble arotharwba aabtw the source code; and (ftismide sarvkoc im a be or rohaawit or use the prodUci wfflmt poly wrl[Ws agrae11w14am M169toff 1. MlrtltW t and Its Red party Bedroom owl] retain this ee of Ilmwsto the Pre duct and Onsmr their hehe re rtft theb- k, mace>Wi W um me Padua too permtted try tub Apmase,L (d) The product any be composed of third pwW pr aduds licensed by a third party m Mahal I and will be subject to at of ghe terms and conddmn of rids Agmenent Ckdtomera llOns4i to ow auch third party ptsdetale Ydt be limited to Curtomei s applloablallubatelptlon for such ddd party products sad ray M used only in wrdnaatet with Ohl Mbdhrol 1 Plodutta (e) Cumemer steel] not roomot, alit or dim" any form ot ctpp*M credo, phoprlAsty alertdnps at waidendel IspandapNad upon or oodmi ad with We Product osmerahlp Fdq" Rwsr,v4 no tithe m'mmeuNp In end to the Services at Produce Tarty part theraol ea lenatared to Customer under this Agreamast MrdidT 1 combs ell rV& Ilts and )Moral and an cbmilght suds esax rights sad other tMldectast purpary end oropdatory dpluA h surd n see 9edcos, Przducla area sure Updmle+, aatextotlt adnaoentaml eedncadote and drivatbe works Utonot dnlmnar shall notaltr. dstost or remove any proprietary nodors or forge ndo from the Services or Products and shell Include audit nodam on any muthorQed cosies of the Senor or Produola Publicity. Worst party shall use the none a prate of tMeuher pad/ or ratan to or Ideniy Ike oiler parry in adwtd:.hhpor pabldq reimpose, parnogene or marketing amapotsdance in adhere wRhaa Oast saoudrp lbevaltten em sent of such Otter porty, swept thin MUc at 1 shelf hew ma tght Px W use cartomer a mmsfil oral ledge implantations. Oil" Aft pow rohoaw, brochure. rwrkaling rmtadmh and Kindel reports bdtadng shat Custamsr is a w1mmr of Mitchell 1; and (b) DNohase thesenseoffilsAprosmonti rAnypart thacof ,anpotmdalhn*vamracqulrse of Adhehall t or for purposes of eanplyltsg with the dmetamum n OhIments Of federal sod ream sebsides Iswo. Paymade. (e) In can aideraton of the rights 0W ad to Cue mm a heraln, Customer LOON pry to MtchrN 1: W the taKUl less as rd turd In the Order Form do the then•srrent renewal fain awil cebls to a SaMa ar Subsaatot for a fgrduat ordrad by CuAbom er. and 011)aftAalas, use, aadae and othor almber testa, and shipping casts OPPiksbtA to On Older fpdbotreb, the "Customer Fess'7, Union cr tanks spectm'd In this Agrrmaa1 MUchdl 1 ram orwo Ne right to change tantMWFea at roytme. pdyawltm shill be din wttles th,rty trtdQ days of tha dam of Nttdteb It bWolow, left peyor mu w1k own bananas cbmped m atstesw at thrlemor of; n) the monthly rem of td paint; r 00 Ws rnaaawm kueero mmawd enabled grka! rose. in tln mvrrt ■ peymed U mom than un Oa) days hit M lWwI(1 shelhan die right to suspend use at the Products, town provldng Swimes. Ishs pwsesskln of the aysbn and oil regaad moteNb In Oisamon's pansulon and bets! deft ay of any updoms or upgradrs bh41 dha samunt N made currant. ClmtaelrraAmIlbo mmomesibb far 111c", tndudap amla irhrArlrrg mttotnayai foes, hcw and by Michell I duo to Customer's delinquency. (W As applicable. Customer booby sucfnrirea MlAail is charge the Customer Pan In the payment card at shactbag account number f r"r ed by Cratomer. By submitting w pay - most ardor dsedkWg aocount rwmber as do toms of papmtern, prgenkr represents end waharaa shat Cudommfs woof the prtadea card a chmrddrhg eavunt U eudmvfaed end that aft In- formation subrataed Nova andaecuraM Sadbeft vekhoutlknRarion. payment cord numixi and axpkatlondmal In doing am. M&Wcnrr Aka sus wksor AGtdisll 1 to darya wtfr payreenl cord ar checkbtg eeratunetendrmd mRemausts Payable by Customer to A7tdcR 1 based on Ina Subscription pUn selected (ktclydrg all mash tunaoA inclruirti} ha rot fished n. all dew and any epp6aQk tams Mikha/ t la required m aolb= Curtner sprees to updela its acdaunr regldmton and pay menl card or rheddrtg aamunt Itdormedon rlamedlardywMs soy ohenga ro da payment cad Ift"abon including, butnot 191W ta. any dashlre la expirnbn data, U WOW] I h onahlo to psoosn the payment dOtd a MecNng woman st anytrot. Custwmes ocraaart may ba lavnedUrey euaperded or terminated and Customs will remain nepetsiblo for dl emouate Payable by Custoa»r in Mitchell 1. The poymrnt card or chedRhrg Account fours tOmmmantW ma+asstyonpayment card orchrdtbgocmurriamdCstamermust refer to that apeom eat with tesperct to Cusmmees riphn and PoNWom as an sotow howes. Inluche" T duce not edelke pgmmt from N poinent cold or drockbng actwrl Usual orlts Agent Cd*ww sgrem to pay Mitchell I a1 sma ugs due Won dernand by Mitchell 1. Mitchell s warm Ne right W act ranewCLslomdert account alany times for any moss► Matatananua of lquipment and Softwerd Customer, And not Miecnali f. shalt boar sale toalsohrdUlTrty to "bt mhKxah sod operate, or cause to be alostted molnWined std Operated at Customers own expenrs, of equipment sad software that may be ewcameary far Cumamern access And use the aeMoasArPiodhsL The minimum regrlto mnusmrybe updated from time No toe by M14611. Cuetomor M smpotudble edrfyr for ensuring emV- etbiil(irvdm Urs Sevfbes and Product end for any tiow hakvarearmfawm required by Cvawmar to maintain Winpal1fy with the Savias as Product Csnndartttelfyr. Customs wknawkdiaes and e/mse that due Sedaee and Prudset toot N aomprksd orooltmom oqulprw ft and dais, toodbe %Ith such other materials. data and Ihfametlon shat Lustmmerdee access ta a roaeNea dram Mrudell t ldl aixh lntrmeBon ass ealerlaU cokcW* called Tarepdoary MaledAlml are she essgtu wlambia, lanndouda and pmpnsby praduckof Mli"l t and wntdn AubeleaGl trrda nom* or!A#Adi t and era Ariruahpd to Cwebmer knooa}idencs to use mar sit espmsely mufhorimed In thhAgxalara. Customer shell, and Owl cause No enployeer And sty ather third pertis.licludkhp its Indgs- andant eorrpmdols tWown Burr AlGruns and agws. Wft with the aspmom consent of MUdxa I. has amass to much Propebtey, Matodob to keep all Propdsesy Materials rwntbem - NI ass shNl not abclws or Perms Arise to an Proprielary Materials to any person or entry other dome no amploy mafr "ptrgnse of otWnkg des objects d*k Agrmemank and to rat use the propdeta7 MetarlAt for any puspamA otherifmn a eaepoessly permitted berah Customer ahef M rmq*" to eppbr the same standard d tee data it does wM respect to its owe Wuslola omRdeadaf Information and Cusmnsar Iepromonb Uet R uses aenmmrdniy resermable IRra BE all *SO to palest much hdemMtM, Coelomer sits/ promptly Mily Mitchell I In wrtsngaf any amuth rbsel knawiadoo. posy Waft or use of the Propdeary Mmedds of whlch it becomes +wee Crammer agrees that much solrwre., equdpmentand data end any ponlano of Ha Products not svattehte to the gawal public may not be d"sad to omens, imp" reproduced, dhoom no" bmadast dbployadl rewrsa eaglrlocred, dirsesemhlad ahrlpiYd a<shed br any puspote atherther v +pedRadb pmmtttcd uretkr IWAgreenanL Wstumer shall me Ito best drone as pasta the Product and to prevent dissemination at use of the Product or SoMas be or by unwdndand proton Cjsunu snail not assign. ph4t. sabkorwe or porm7tan4 other test of the PraducterSroNew vAmrt ahsanhip to prix vatden aneem of Pftheg I. which contest may be whhMid attire soft diseslion of Mitchel 1. Cnammrsh obligation under this Sec /one dell eurV" mrmktation or aspirmhon of 1hk Agreement WARRANTY AND DISCLAVAHL (w) TMSERVl= AND ?ROOUMS ARE DELNE RED "AS R" AND MRCH ELL I MAKES NO RE%11ENFA710Na OR WARRANREB, EITHER EXPRESS OR IMPUf0.INCWDING act( NOT 1. N1RED3DWMRANT h3SOFMERi7MNTABIUM FITNESS FORA PART ULAR PLIRPOSE,SYSTEM INIEGRATIUN, INFORMATION CUNTENT, DATA ACCtN ACY. NOW INFt1NOFMINIT, ]NYERFERENCE WITH ETS10'rM£Nf OR OTHERVASE MDCHGRf, 1 ALSO OOFS NOTWANRANT THATTHE OPERATION OF THE SFlNVA MOUCTS OR ANY SOFTWARE RELATED THERETO WLL al. UNINTEARMEO OR ERROR FF0. (b) CUMM£RACKNMVLWOES AND AAR£kS"T. 1. MRCHELL I IS NOT THE MANUFACTURER OR DfSrRIBUTDR OF ANY AUT40MCIM OFF" RANTS REFFFIF.NCFD IN THE PRODUCF; a. NFIfHER MITCHELL I NOR IrJMRD PARTY LICENSORS MAKE ANY RFPRES IONS OR WAMAiT1EE WFM P W93 TOTHE QUALITY ORAYAILABILfTY OF SUCH PMTS OR T10EACCURACYOf TTPE PRICES OF SUCH PARTS' , x 1NEDATA kIACE AYMASLE M CUSTOMER ON OR THROWH THE PRODUCRHt BY THE SFAYICf813 PR( MDED ON AN'AS W gA6E WtiNOW WARRANTIES OF ANY KIND. EXPRESS OR MPLIED, INCLUOINO. WITHOUT UMITATiON. ANY WPM TYAFtRAJ"ES OF MERCHANTABILITY, nTNM FOR A PARTICIAAR PURPOSE, NON- INFRINGEMENT. ACGTIRACf, COMPLETENESS, AND INFO"- TIONAL CONTENT. x CUSTOMER USES AM DATASOLELY AT CUSTOMERS OWN RISK OL STON" AfXEM FULL RE.SPONMLRY FORAM AND ALL DECISIONS MADE BY CUSTOMER IN RELIANCE I" Supt DATA; V. CUSTOMER ACCEPiS FULL RESPONSIBILRY FOR ANY AND ALL DECSIONS MADE BY CUSTOMER IN RELIANCE UPON SUCH DATA; tt INO3ffERINOiM THIS AGREEMENTANOMI !PUR13dA"ASUBSCRIPTN)N. CJU=MER 15 NOT R&YIN13 UPON ANY REPRFSElNDITIONS MRAI- WRMN OR OTHERYME) MADE BY MITCHELL L ITS THIRD PARTY LICENSORS, AtAMWLED RETAILERS OR ANY DH ER POW": 7. IF CUSTOMER UDLI[EI ANY NON- MITWELL 1 SUPPLIED IWERFACE PROGRAM TOINiERFACEVM 1H£ PRODUCT OR SERVICES. CI.MMERSHALL LOOK SOLELY 710111E VENDOR OF AICH INTI7IFACE PROGRAM VATH KF3PWF TO ANY LOSSES OR DAMkOFS CAUSED SYSUCH INTERFACE PROGRAM; AND ewiJ2010 PDi" created with pdfFactory trial version vyy w.gdffacto[y.com Vol. 4 Pg• 11 A-IV 1 . rq 1.1 Ia. tar, ta. a. NErfNER VAr.HELL 1 NOR FTS THIRD PARTY LJCMWAS IS RFMNS18LE FOR DBSOLESCEIICEQF THE PROOL= ORSEROCESs NOR SML HAVE 110PON3BILITY W R WJSP84DETL OUTDATED QRUNCORRECIED VMCM OF THE PRODUCT. SERVICES OR ANY PART THEREOF. LIMlTATIONQillAY6LIFY. (W INNO EVENT SHALL BTHFRPAKTVBE LIABLE FORAWSPECUL INCIDENTAL„INDIRECT ORCOP IMUEMMOAMAOL7 WHATSOEVERgNCt .UEnN%WfTHOWL"TATICO OAMAOES FOR LM OF KZINES9 PRORTE. t0 ;S OF UM TRADING 1-43"M LOSS OF ISANNG9, BUSMEM INMgMVTM. OMORTUNttY. LOSS OF OATA OR MM FEC- UNLARY WINIJ AMNO OM OF OR MATER TO THE SERVICES OR FRDOleUTS, THE USE OF OR RtAIiILRY TO LU THE SERVICES OR pRDDLiO Q OR THE TERMS OF THIS AQREE- MENT, EVEN IF A PARTY HAS BEEN ADV(SEDOF TILE PO.SS11lU Y OF SUCH DAMACa (W HOT V1"MANDINO AMY oTHIER f71041SWf OF TNLS AOREEWNF.AND RMARDLESS OFTW CALLSE OR THE FORM OF ACTION VIHE111ER BREACH Of COWPACr OR WAR- VIM, NEDUGENCE 0R ODiFJT TOR(. STRICT LrAE%M.OH OTHE"314 A PARM LIABILITY TO THE DIM f OR DAMAOTS SHALL BE LIMITED TO ACTUAL OPOWT DAM- AGESANDSHALLNOTEXCEEDTHEFESPAIDBYCid froMERFOR THE AFFECTED sEAv WOR pROQUCT OURINQIHE MOM IN WHSCHT"ECLAM RRSTACMWO. 7M UmirAT10N9 ON LiABp 1fY $Ef FORTH IN TNB! SECUON 12 SHALL NOT APPLYTO Ern*R PARTYS BRFi1CH OF rrS CONFIOENTW.RYOSUOATK]NS(1NDER THIS ADREE- MENTORTOC VAWER S BREACH OF THE LICENSES AND RESTRICT1001SSETFORM 6h THIS AWEEMEW AND THE APPLICABLE ORDER Fl) Wrl(S) (o) CWMME11 Ti SOLI: REMEDY UFCN BREACH OFTHSA4M M£NT BY WICHELL I THAT FTFA MFICHELL t i5 UNABLE TO CLOREAA REASD►USIE NOT)CE PERM, SHALL BE TERMINATION OF 1HEAgplE RENT AND REFUND OF UNEARNED POR710M OF THE FEES STATED ON THE ORDER FORMIrS} EalupahlaRSpsl Nnttxphspedys0stysAhPr prarhdart at QdsApraanrrtCustomerarknowi - wtga 1101 any bleach of pa abldgatlerr uidatfJf Aprosm"Arwith respect soft &Mces Ot PmdaOm sad any roar prapdtbsy dghte end cofdldrh mial inlbMilan afAtlol,et I or b Tldrd Patty fYONden tsN oatseirrParede (nJtay la MlidteB 1 e M drhd party provhDer4, ar appllaabra, for which then ate kadegaals tcmedfrs At tax Bad thorda , Mh*ag I or its Third Forty FYahidere shell be enatled to equitable mistht addition to AB other t medlar P(Wded by thin Agnhttontand the epptkatrb Ordu Fam(a) a svdimbb K1sw. hndamnttbalian. Cuewsm slirsm to defend btdemal/p, and hold Mitchell I hsrrrJm *9@Wt ancbrma anddamage& k du:Png tdlhoul flms.dto. mohoamtfe Bpanay/'s bas arising out of C mroafs ua of 6h■ Services or products, MdadkV but not 1 mp46 tat Arty Update0. unless such rltkro a denages sandt tract of green Due mas■ra soli orieed use of the SerHocs or Products bas dean daa to, dome or damages Weed on eu Witma-,an t of arty oopydBht or oher proprietary right of arty third party. MfttbMm I aria not be bbie to you for Interception of CWS daa through the ktemot by rbitd Parcae. Mitchell T has an cannot o k fe not miladbte far and Wig rot b■ flabls toyw for to seems of kdanM qsw m and tarvke prodders or "acted tRe- "U" that csaob delays ar febumuphom, o f Ammies . Cualmomot ockro vltdgsa end myrsss9,atit Customsrudikes any non- MficbwIll 1 supplied Interface program to IMadasm with d0 system. QastorneretuN loot salaysb t!0 natda of Much InlafiCe program wpb respeaso any Imam or damages caused by such Interface progrma Mlithell 1 Is nut responsible forobooleacence of the "am mad doss tpdotes and shell i oW ao rasporna'bRtly for taspantb(l. outdated Of un=mcaa d vats bra alto system and data update. Urf"Inarlon. (a) Atndholi I aT00 have the UBM to isrmhasle dirk Agfcemehd in the rsentaf any of tha tok"ing: (1) F CusWw dsfr4N In to porlOMMhvs ash cry Of Gabm■(aataipedon radar this Agreaesnt Inushiny *so payment of money and the *wait shag rot be accred wiUVn ran (le) bv%Lnese days after Wine" mesa w t USW"er.00 if Caslomer defaults, In the Part" c"ae of cry of Cus(omtdsobitwitono under date Agroalmall Or bmadtee any rastridsan In' limed an It by this Agreement and d a nch deteubor hm6M bwal m padamaeco a resWctlona other them mot psymtnlatmoney and CUsaaner Blom notmarensace cwfnp thesame withkr ton 001 business dsya ape w4tt4n nolloo to Cur. ansr. and if each debam is net tharaertsr cu ad Ivitlak nkdy OM dl*%: sr M 11 A Naha i npponW or one of man aadittes do take passsabn al am ar wbeUntlaly ail of Ihre aasab of t�rrtohns, or !f Cuatamar sfoii tnahs s gesorel arfgnmenn for the bwiefl of trod tats, of it Cnstemor MWh*e to ;p knrovaldnlsry IlqukLOan, (b] Notwtlrsbndh+p 1ha raagdsyy tl,atomsr aaianhviedgsr art artakn 1Nrd 1e prodacJe Ilaerned by idltrltsm t m Custamar under Buis Agreement may ha tcrrelhMled br rArl,etl 1 upamvfderim at this A9mament by Customer whdhdx MSr oppotaaanky ro cure, and the tcbo4na ■ctaa by Cantomer shag annadtate a ma*W Gamoh of the Agodeme d and MtWld[ n0ytarm4hAntheAgmemernispen , upon notice w C4statmr WhhO, t IM eppaauhiym mn: D)sny use ordtsaemloanba of me Product or Servlooe OWN not sasonary pemittM h tins Agreemrtl GI) easy unaaMarhad noaeas t4 or Bas of dun peedud at SeMcdebymthroughestmoror ()lophasWmattetkmfVPWMMof any Ct uxw Fee. ttmndlstdy iyOn 0w slfscMa date cf tammne6an of thto AtIrsosam. Customor ship cease using Ito Product and Services, (a] upon mmLmdan di this Agreement by Llrtansr for a material breach bl Mitchell! t, MhduN 1 ehdl refund to anstomer Ihn unaomed potion of Vm CmIntoof rose O s Prorated br the remsiedsr ofthe sLualptiont Period for Pradams nr Term ter AWYleae (0110MV the slfoethti Aig d torrotroton). Uporf la 1 re BNlrat DI this Agreeme-K by Mitchell 1 for s brand, by conaner. Customer that eta ha ootitsd to any Wand of Via, Customer Fits. (r0 Tim terms and annd inne oaf Secdo ns 0. 7. a 13. 1Z 14.18.17, 1& le. 2a, 21, 72, 3a. yes, A 20. 27. X130 and 30 $hell usvhe Old Mmd(IaVon Of U*k n emmrd to any redeem. Effea%d T�rminufan. In the tYaatl of pet aapl'relbn or lhumrnadon of t►iP Agreement fOr +nY rastae0) Aaim, er moil serrate from arty end all woo ofthoSaMces and PJ Acta 4% aary0180ner wteUOexer accept n ardralwEWt prnlideaf fn llda Apreernae: QQ am C448 lAkb 8'ita std biibbmp t Narimk Numbrr shall imtr a diev its be short do w+:(a Comma thall net be miNved of a(ayof its rbketitam which have accrued on and prior to the date Of 0WAdfon ar too mtknalAI of 2 1114 Agreement 0d)Coismmer them Tatum the "AM. dataopdnka and ell Mhandl 1 dommenta and Wowadm petahbly alar mG W except an Bar Forth Inaeotivn 12(0), Otsb■ner doll not be snl0ad to any Behind of any permits Of feet Paid to MRdOm t byCxwmsr, and Ill Ns*wor anal hnaawdkd+ty mart m Mitchell 1 am and an proprietary MateHelt. AsslgnmarrL kYsOtrlk i my irealy aeMt/I iha sglue bsuarda wkhout uaudng Cuttnrnea's pemiWm to data Cuetarw rosy not aodgn Its lights or detegrls its d,alas hon"Wer VVIdWut Rnrt aacuriq swrlMn pasnieelar kam MmdaeB 1. wlnktir permfsslon easy fee wphlwtd K the sale f 61 14/iP�l' 1T . P` . "."1 � -GEE dtscrrton of lApdoe>t t. Far parpaasas of thlr Saalbn 17.OU er chap W datasaed m has sulgned disAgrormsui If deem K In I114 a dung■ of awtaerahlp of twang -five pr,ceat CWA) of maro of Customer or a amrperar combination of Cbttomar with araaliler ennhy of butfAm uinelhar Cullomarts the survlvvhp atty or not. Arry such attempted assignment shat bar void and chap cansdbne a dahuX enthanB Mhdler i to taunanele fhb Atimament Rot - withslanding fba fohegafnp uP M psymant by Ctaaiomard r tae mr elute rarefsrfe0. tic a Agros matt may be amigned by Ou tionm to a pdrdosar al aR at t buanlldha as of Its business upon the prior vAlitan ownto at Mitchell 1. such comsent rot m be unnat tuft 17. Choke of tow and Forum, TFi s �B(MI been entered froain andrr cat■ tuna of the Sots stonier and MWWI 1 soma thUft SW Int rprr. rod and ai dbilutes adsfng hereunder shat be resolved, in WCWSMM taw, To tha eaten r.00tmos to a won Le aibwd hmeunda , both Glohomer and hihahea I agms Uhst(odtdl a herou hx nder" Ib* mcluaythsearr4tboatadxiddAthe courg al�dt perig hemby lubmh lathe parsawl 7wlmdkdat nrauch caAtt and 10tebp dbddm the appfkabtraty of do UnBam (Snmmwodal Cads. the Vdiarm Otswpinsr Ink mst]on Trsrsaclkn Act and the United Natter Convention of Contracts for the hstaAatenet9alaotGooda - 1" Se.. A l tttelim. ( Any afiggKe claim of conwaaasT *'Wby Out afar ratdtnp t9 dda.tCpreemam no br6ch, tamhl0pon ealgeeraeal! InUpraadon awerkStytMerot, inctodiag the dowimilnatlah of the � itW AS mamae14 made In and o b taantadMatiAimta ,shatlt0dstarmindbyarlitndan (s fora a rate o st b ar e performed In r. tut ed h tM lawn of aria Stets .� r ap that bWi ate. The aal,itrsann shell be admMhtarad by 1W punumni to ma Stns Arbhr too flu las and Procodu rem. Judgement an the rAme d may be eaaerd to Pay wurt hastily jutadlalua Vo The u bNaw" I have to author* tormatdormoM the Penal o fadt Agreement orto award ptrdNe w aarequmthtl indrima @pedal of snmphry damages, and the swani adsy_: be volload by Ptivent. (a) 041st , dvft. or altar atbtuadon each party chap have f,a dght Wilt Out awslltrV die ou(- retae of ate adrMUa a m took prwhabnol ramadfu ham an appropdata court ImMdkg btu not RaMtrsJ to smparory rostrelnhp ar+dersar preladm■ty tryvecfona 8ealdng srgr earth remedles atoll not be deamod ■ wsNarnf a%har pmpft dgbi to compel 4ibprMlOm to LfanAedaaonNlghtloPurau40alms. ANYC LAWSMN.LBEF,MDEBYFRJNOADFINAND FOR ARSffRA11119 WITHIN ONE 0) YEAR FOLLOWING THE OCCURRENCE FIRST WNO Ra TO THE C1Albl au, Attorn tyaa F4sa. If any action Of prBCAedhg t DrahgMtn cmnectim vd01 ads Apra shrwnt mo ptewifinp party 31011 W romped to tat ataomayhr faas andothsr costs and Wilanam (ncu,ed en $each eaytal m proua3np, inrAldlrtp stry appaaia a pelltiana iha riaa 21. knpambla Narm prdemtra ilrowidpsa sad eepadsy agrees t0tnry heath icy of iha pfarkloro of Bha lkanaes h SaoOOn 4 at thLs Aprarmanl or sty at free prwbona Sactbn 3 ar Section 6 would oame foladtaa 1 LTgnarabdA Bann forwis" Mfaepee 1'IOBatl rot be tan adequate remedy. ihorofae, Cdtomer agrees that in the cant of any breath of the litotes in Seetlon r d Eta PCnameM or osry of the pavviafmte S sMhss 8 a Seadan S. Mldtsm 7 m1l have IherlgKht seek fnJunsultre ntkl atpinrt tArltitwly a Emma brerdt bl CLacaner,wldaout the aw aslgr of prod dl awael damspes. This right tin ask NiNvicths mite( widput naoaurty of prod or damage w1T to ro addipea to any other rl67ht rims AlbdteJt I may team under this Agreement or athawhe In law Of In equhy. 22. "tea. Aatlf 1o4ve car alther oammhAdaatien rsquTed a' peranited w bar gManto efdner patty a1ha7 Mr In wrtbnp end al01i be rMeaAed m Kara inset popery gtram fed b the Wkcttheoe+he dam of dolk", itdelwod in gwnt or Waetbnms butt deeftDnid mnfarmalion of rocalpt and W copy) at ben 00 dye after riaalyng by naktaedereanftied eudl Poo s pad m dta Oat pony st the foil owing addresses. or the addrew prorks44 total other pnalyrhl txMrap from dies to tlmo: ha iha can of Mitchell: V P.O. rat FoMo San Diego CA 92160 -6014. Attandan: CoM department Uh pbUM -6747 W Arco) Fes: eta- 281-520. in the cm ao of LUsmnia, the Waltman specified fn the Order Forst 23. Waimea. No ddq or omkeiot by ahhar party haear to agendas any 1*1 90MR 1 1111 upon any nancoupmanam or dabuh by the othoc party w0h respect to may of the term d ff* AOrewnnt shah lnpab any such d6ht or power or be codstmed to be a ushirthmaaf.. AwaW by elther of Uw par%me of say of the abierrrd3, nanattons orognemanh to be performed by the Other ahoH not be oonawed 14 bar a welver oissry aaatoeudiup hasr'h Uwroof a of My aoxansrht carrBHan erAgrennenl hai■hn oenlaMad. 24 SewNhllpy. t sty par>tlatrn of thk Agroenwtt er opP>nbk Orde Farmth) It fomd by a cant afarornpcbnntpAitafkcMnMW FrvppdaunaarpoeaDl 0.3ta4tiavdfdlryorunan toraaDttE,yaltsrl not Invalidate at mortenmanbarcembta any odu r part at this Agreement a oppliabie Order Form m1 but aha Agreement a appscabla Order FarmW iball be construed as act Bona irA19 use panaedar poaiislm or pra+ltlone lieid to De Iavalet er unedacesWa 3B, SuoaaasoraandAasiBns. T1 s: rAgreea74antskYlbobindbhgupms , daiviltnanldrhelune0t of the parties bereio and their respective wcceaors and permtled essipns This Section 30 "it not be construed to Brier or maamfytaa prdabidons upon assignments a transfer by (>j3mmer owmawd sisem4 em b t81t Agreement. 26, Tsroe Mr f ants. BdSalfrJl 1 wit cwt be AsWe for, a bar oombered to be In breath art o daseuft uridar this o%maraeM an account of Pay decry or drllure to podu m sus required by this AproeaaeMSot • tew11 oat argr asuw a CardNoi, byand ps reseataublt waWOt Mlfad»»II t may suspend a tamins" pmyblon of any Services a Frodmt n a mutt of #" inch cause Of Castleman - 27. Osuntarpaft FecOm k fignstbara0. TUB Agaaemam and" applicable Orate Font W may be autcutod In erne Orrnem ddpfksle QVIC01x IS of wtathtogaihsr shall Da damned ors and fm aama baburaont This Agroemam and the applicable Omar Fame) chap be bindbtg on the prtla tfeaagb (ecPlrvlle spmauma, with ratlglnab to to0ow Try rcp+itr ret? a ovampgl4 wry W. 4a. EndrmAgrotetariL This Agreement and the applicable Order Foraa (p7seta WIN fwteam line) end aaldushe agreement basx■en ttratomsr and 1-563ha11 I ss o tea 4tableet (0Wmr head and supesedea all paiorard miiompormawas spremBanta amderaardhga, nepattldam and alseu stwta "other ang orwrlCat between Dim pants, PhAgmeawm: maybe modified only pwauaAltla 4NYaYatg assaasad !icy adlhoired neyraaefdafass of CaaihamtY and ffBtdhdl 1. as Fspgrt Laura Ltaswrtw anal not mpaa trot aapod. dtodoea, ar riktfitaas ilia SsMaa or smdusi hnviolodon of any epplimable tome or regulations. f lcladtey ate &xportlaws and nyulotoni or the WOW Soft and shim corn*Wdth all such taws and neWlatans PDF created with pdfFactory trial version yyw-w,gdffactorv.com \\ - aCFlligta VOL I L� -� Pg. 103 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11 37.1 -37.8 On this the 28th day of June 2011 at a regular meeting of the Corn inissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28th day of June 2011 the Court heard and approved a budget amendment for the 2010 -201 1 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 28th day ofJune 201 1. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 147 pg. 1 -21 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 10111 - 37.1 A17RMA41 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28002000 65550000 CR Radio Maintenance 400.00 0100 28002000 71500000 DR Rental E ui ment 400.00 Sheriffs Office -Jail Division The Sheriff's Office - Jail Division renewed the Copier Lease Agreement on three copiers located in the Detention Center. This renewal resulted in an increase to the cost of leased copier's by approximately 5400.00 annually_ t Of V0 1. 4 1 P g . I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 37.2 6/2812011 FUND DIV ACCT PROJ DRlCR ACCOUNT NAME Increase Decrease 0100 28002000 61.500000 CR Printin 1,000.00 0100 28002000 72157000 DR Counseling 1,000.00 Sheriffs Office -Jail Division The purpose of this request is to fund four (4) psychological evaluations for new detention officer applicants. This should provide L Ifundin throu the remainder of the year, Vol. / Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 37.3 6/28!2011 FUND DIV ACCT PROJ j DR/CR ACCOUNT NAME Increase Decrease 2400 24005210 61 110000 CR Conference & Seminar Fees 2,074.00 2400 24005210 61130000 CR Contingency 2,042.00 2400 24005210 67203000 DR Minor Computer Hardware 1,710.00 2400 24005210 80720000 DR Security System 2,406.00 JP Tech Fund - JP 2 -1 Allocation of funds to proper accounts to purchase the following: 2 Scanners with CDW - $1,710.00. 4 Sony Network dome cameras with CDW - $1,280.00, and 4 License with Secure Options - $1,126.00. Total cost is $4,116.00. I VOI. i q7 pg.- I a-] BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 37.4 n nnrnn� � 1 or i vol 1 14 1 p f FUND DIV ACCT PROJ DR1CR yv ACCOUNT NAME Increase Decr 0100 31000200 60380000 CR Health Program Supplies 0100 31000200 67281000 DR Equipment - Electronic 750 00 750.00 1 or i vol 1 14 1 p f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 37.5 nim , mi l FUND DIV ACCT PROJ DR/CR ACCOUNT NAME increase Decrease 1 100 11002600 51200000 CR Salary - Department Herd 5,000.00 1100 11002600 51300000 CR S alary - Staff 5,600.05 1 100 11002600 53300000 DR > rn to ee Health insurance 4.506.06 i 1 100 11002600 53320000 DR Emplo Dental Insurance 85.13 1100 11002600 53101000 DR Flex Benefit 8.86 11 00 11002b00 (11880000 llR Utilites 6,000.00 I I 1IOT Fund: Marketing Reimbursement Division r To reallocate funds to cover for future expenses. C of 4 I Vol. Pg• •rC BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 37.6 w7stigni i FUNDI DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 3004 1 284000 80281000 CR Equipment - Electronic 680.00 3000 284000 67203000 DR N -linor Com user hlardware 680 ICOPS Tech E To move the funds for a computer & monitor that did not qu alify as a capital asset as originally b iii Vol. 1 7 Pg. 13 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11-37.7 County'= Juage: Approval 10„ 1 3 1 Vol. ` 4 - 7 pg. late . UP attmenf P Approval Pr ®pared �Y nnm Fate , 6/22I2C3 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 28, 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 DA Desrochers, Ellen New Hire Expo Dorsey, Randrell Termination Juvenile Aguilar, Manuel State Stipend Bowie, Demuntz Active Duty Kelley, Janice State Stipend Road & Bridge Russ Chad Resignation Vance, Richard Retirement Tax Office Garcia, Ashley Nguyen, Amber Ott, Carrie Resignation Resignation Deleting Position Transfer w/in Dept. New Hire Taylor, Reta Selter, Melanie Approved in Commissioners' Court: June 28 County Judge's or Commissioner's Signature: \ _ (This Copy to be attached to minutes) von. �� � pg. 13 a