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HomeMy WebLinkAbout2011-07-19-4:00PM-REGULAR,s `7 A BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 19, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 24: 3 . Approval of Liaisons Board and Committee assignments for Commissioners Court. 4 . Reappointment of Kristy Roe to the City of Bryan and Brazos County Economic Development Foundation Inc.; term of office is 5/12/2011 through 05/12/2012. 5. Reappointment of Mark Carrabba to the City of Bryan and Brazos County Economic Development Foundation inc.; term of appointment is 5/12/2011 through 5/12/2013. 6 . Approval of the following committee to evaluate RFP 2011 -33 - Legal Representation to Indigent Juveniles: • a. Doua Vance. Juvenile Services Director • b. Collin Coker, Juvenile Services Asst. Director • c. Artis Whetstone, Juvenile Services • d. Travis B. Bryan, Ill, 272nd District Judge • e. John Brick, District Attorney's Office • f. Ann Anderson, Citizen Member • g. Irma Cauley, Commissioner, Pct. 4 • h. Glynnis E. Gore, Juvenile Referee 7 . Capital Requisition # 00034507 to Wilton's Office Works in the amount of $1,125.00 for the disassemble and reassemble of five (5) cubicles in the old District Attorney area of the Courthouse in order to have new carpet installed. V,,. I q g pg. 1 BRAZOSCOUNTY g . Permission to advertise Bid # 2011 -39 Carpet for Courthouse Second and Third Floor. g . Permission to cancel the contract for Bid # 2011 -23 Printing with Texas Printing Company. 10. Award of Contract for Bid # 2011 -23 Printing to the following: a Tharp's Printing - Sections: 1 2 3 4 6 7, 10_1 1, and 13 b Tops Printing - Sections: 5 8 12 13 and 14 11 . Approval of extension of Contract 2009 -42R, Pharmaceuticals for Jail. 12. Request by Jail Administration for approval of a Contract with LexisNexis to pro Law Library access for the Detention Center. 13. Request by Juvenile Services for approval of an Agreement with Verizon Wireless Agency for purchases pursuant to Texas DIR Contract DIR -SDD -604. 14. Contract with 4M Youth Services INC dba Rockdale Regional Juvenile Justice Center fo secure long- term residential services for juveniles. 15. Contract with Hays County for secure long and short-term residential services fo ju veniles. 16. Interlocal Agreement between the Capital Area Housing Finance Corporation and Brazos County. 17, Request from Verizon Communications to place a 1 1 /2" conduit along and within the rig o way of Peach Creek Cut Off Road beginning at its intersection with State Hwy 6 South proceedin east for a distance of 993 ft to a point where a 75 ft road bore will be placed cable will be placed a minimum depth of 48" Site is located in Precinct 1. 18. Request for permission to enter Bardomiano Hernandez's property located in Lake Ridge E for the purpose of removing beavers creating inlet obstruction of water to a county maintained lake facility (Brazos County Water Control and Improvement District No. 1 Big Creek and Brazos - Ro bertson Soil and Water Conservation District) At the County's request elimination of obstruction - causi pests from a floodwater retarding structure is for the health safety and welfare of the general pub Site is located in Precinct 1. 19 . Request approval for the acceptance of Special Warranty Deed from Geraldine Rench Criswell for 0.26 acres of land to be used for improvements on a portion of Old Reliance Road located in Prec 2. 20. Consider and take action on the Replat of Falls Creek Ranch Subdivision Recorded in Volume 5513, Page 298 (Brazos County Official Records) 56.43 Acres Moses Bame League, A -3, Brazos C ount y, Texas The purpose of this replat is for dedication of a 10 ft. City of Bryan Water Easement. Site is located in Precinct 4. 21. Tax Refund Applications for the following: • a Andrew R and Dorothy F White - overpayment -$9.55 • b Louis & Dorothy Fickey- overpayment- $1,102.82 • c. 21st Mortgage- overpayment- $367.76 • d Fidelity National Title Insurance Co Escrow Account - overpayment- $10,961.46 • e Louis & Dorothy Fickey - overpayment- $28.94 • f. Michelle S Keese - overpayment- $79.64 • q Louis & Dorothy Fickey- overpayment - $379.28 • h Louis & Dorothy Fickey- overpayment - $191.14 22. Budget Amendments. Budget Amendments FY 10/11 40.1 - 40.4 23. Personnel Change of Status. Personnel Action Forms Vol. t. g Pg• 24. Payment of Claims. 25. Acknowledgement of the Brazos County Purchasing Department Update for the week of Ju 7 -14, 2011. 26. Sheriff's report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and /or concerns. 29. Agency/ Board/ Committee reports by Court members. 30. Adjourn. Voi. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Iq8 P. Vol. g BRAZOSCOUNTY BRYAN,TEXAS MINUTES July 19, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 7- 19.pdf File Stamped Agenda 7- 19.pdf 10 Sign in sheet 7- 19.1)df 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, July 19, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. 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 Commissioner Mallard 2. Call for Citizen input and /or concerns. Vol. g pg. There was no citizen input. Consider and take action on agenda items 3 - 24: 3. Approval of Liaisons, Board and Committee assignments for Commissioners Court. 10 Item 3.odf A copy of the board /committee assignments for the members of Commissioners Court is attached. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wasserman. 4. Reappointment of Kristy Roe to the City of Bryan and Brazos County Economic Development Foundation, Inc.; term of office is 5/12/2011 through 05/12/2012. 0 Item 4.0 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman . 5. Reappointment of Mark Carrabba to the City of Bryan and Brazos County Economic Development Foundation, Inc.; term of appointment is 5/12/2011 through 5/12/2013. Item 5.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 6. Approval of the following committee to evaluate RFP 2011 -33 - Legal Representation to Indigent Juveniles:a. Doug Vance, Juvenile Services Directorb. Collin Coker, Juvenile Services Asst. Directorc. Artis Whetstone, Juvenile Servicesd. Travis B. Bryan, III, 272nd District Judgee. John Brick, District Attorney's Officef. Ann Anderson, Citizen Memberg. Irma Cauley, Commissioner, Pct. 4h. Glynnis E. Gore, Juvenile Referee It Item 6.pdf The list of committee members was 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 . 7. Capital Requisition # 00034507 to Wilton's Office Works in the amount of $1,125.00 for the disassemble and reassemble of five (5) cubicles in the old District Attorney area of the Courthouse in order to have new carpet installed. 1 1 : 1 Item 7.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman. 8. Permission to advertise Bid # 2011 -39, Carpet for Courthouse Second and Third Floor. ID Item 8.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wasserman . Vol. 14 S pg. 9. Permission to cancel the contract for Bid # 2011 -23, Printing with Texas Printing Company. 0 Item 9.odf Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 10. Award of Contract for Bid # 2011 -23, Printing to the following:a. Tharp's Printing - Sections: 1, 2, 3, 4, 6, 7, 10, 11, and 13b. Tops Printing - Sections: 5, 8, 12, 13 and 14 1�— Item 10.odf Approved as recommended by the Purchasing Department. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wasserman . 11. Approval of extension of Contract 2009 -42R, Pharmaceuticals for Jail. U. Item 11.odf All terms, conditions and pricing shall remain the same. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 12. Request by Jail Administration for approval of a Contract with LexisNexis to provide Law Library access for the Detention Center. 1-mm Item 12.odf The term of the contract for the first period is from August 1, 2011 through July 31, 2012 at a cost of $450 per month. The second period is from August 1, 2012 through July 31, 2013 at a cost of $473 per month. The third period is from August 1, 2013 through July 31, 2014 at a cost of $497 per month. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 13. Request by Juvenile Services for approval of an Agreement with Verizon Wireless Agency for purchases pursuant to Texas DIR Contract DIR -SDD -604. 0 Item 13.odf Cost to Brazos County is as follows: Customer Price = Manufacturer's suggested Retail Price (MSRP) - Customer Discount (18% for Verizon Wireless Voice and Data National Plan and 25% for accessories). A copy 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 . 14. Contract with 4M Youth Services, INC dba Rockdale Regional Juvenile Justice Center for secure long -term residential services for juveniles. 1 Item 14.pdf Vol. ( 4 g pg. - Term of the contract is for 12 months commencing September 1, 2011 and ending August 31, 2012. Compensation is as follows: Moderate Level of Care $98 per day per child Specialized Level Of Care $140 per day per child Intensive Level of Care $225 per day per child A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wasserman . 15. Contract with Hays County for secure long and short -term residential services for juveniles. 1-- Item 15.odf Term of the contract is for 12 months commencing September 1, 2011 and ending August 31, 2012. Compensation is as follows: For each space utilized in Detention Services $95 per day per child For each space utilized in Boot Camp $105 per day per child For each space utilized in Intensive Treatment Program $140 per day per child A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wasserman . 16. Interlocal Agreement between the Capital Area Housing Finance Corporation and Brazos County. 1D- Item 16.r)df 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 . 17. Request from Verizon Communications to place a 1 & #189;" conduit along and within the right of way of Peach Creek Cut -Off Road beginning at its intersection with State Hwy 6 South proceeding east for a distance of 993 ft. to a point where a 75 ft. road bore will be placed; cable will be placed a minimum depth of 48 ". Site is located in Precinct 1. ID Item 17.odf 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 . 18. Request for permission to enter Bardomiano Hernandez's property located in Lake Ridge Estates for the purpose of removing beavers creating inlet obstruction of water to a county maintained lake facility (Brazos County Water Control and Improvement District No. 1, Big Creek and Brazos - Robertson Soil and Water Conservation District). At the County's request, elimination of obstruction - causing pests from a floodwater retarding Vol. Pg. structure is for the health, safety and welfare of the general public. Site is located in Precinct 1. 0 Item 18.pdf Motion: Approve, Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 19. Request approval for the acceptance of Special Warranty Deed from Geraldine Rench Criswell for 0.26 acres of land to be used for improvements on a portion of Old Reliance Road located in Precinct 2. Z' Item 19.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wasserman . 20. Consider and take action on the Replat of Falls Creek Ranch Subdivision, Recorded in Volume 5513, Page 298 (Brazos County Official Records), 56.43 Acres, Moses Baine League, A -3, Brazos County, Texas. The purpose of this replat is for dedication of a 10 ft. City of Bryan Water Easement. Site is located in Precinct 4. 21 Item 20.pdf Accepted as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wasserman. 21. Tax Refund Applications for the following: D Item 21.pdf • a. Andrew R and Dorothy F White- overpayment -$9.55 • b. Louis & Dorothy Fickey- overpayment - $1,102.82 • c. 21 st Mortgage- overpayment - $367.76 • d. Fidelity National Title Insurance Co, Escrow Account - overpayment - $10,961.46 • e. Louis & Dorothy Fickey- overpayment - $28.94 • f. Michelle S Keese- overpayment - $79.64 • g. Louis & Dorothy Fickey- overpayment - $379.28 • h. Louis & Dorothy Fickey- overpayment - $191.14 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wasserman . 22. Budget Amendments. Budget Amendments FY 10/11 40.1 - 40.4 Item 22.pdf 40.1 Transfer Funds from Contingency to Contract Placement 40.2 Reallocate Funds for the Comprehensive Underage Drinking Enforcement Program 40.3 Reallocate Funds for County Court at Law #1 40.4 Reallocate Funds for District Attorney Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Vol. 1 q W pg. Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 23. Personnel Change of Status. Personnel Action Forms AD Item 23.pdf A copy of the Personnel Change of Status Requests 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 . 24. Payment of Claims. 7088407 through 7088731 10 Claims Sheet 7- 19.pdf MD Claim 7088438.pdf D BILL LIST 7.19.11.pdf 0 BILL LIST 7.18 WILTONS DEMAND CK.pdf 25. Acknowledgement of the Brazos County Purchasing Department Update for the week of July 7 -14, 2011. 1D Item 25.pdf 26. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 634 inmates in jail, 52 have electronic monitors and 51 are pending for monitors. The peak was on Saturday with 671 inmates in jail. 27. Announcement of interest items and possible future agenda topics. Bill Ballard and Kendra Suhling both Civil Counsel for the court will be presenting information to the court on the mass gatherings policy at the next meeting. 28. Call for Citizen input and /or concerns. There was no citizen's input. 29. Agency/ Board/ Committee reports by Court members. There were no agency, board, committee reports. 30. Adjourn. Vol, 149 rg. I The foregoing minutes of the Commissioners Court meeting held July 19, 2011 havee been examined and are approved in open Court this the 7'_ day of Al LA ,2011, in Bryan, Brazos County, Texas. Duane Peters L oyd ssermann County Judge Commissioner, Precinct 1 Sammy Catalena Commissioner, Precinct 2 I Kenny Mallard Commissioner, Precinct 3 Irma Caulp'�i Commissioner, Prec' c 4 Attest: K ren McQueen County Clerk Vol 1 Page I COMMISSIONERS COURT MEETING Name Date and Time ;-,a// Z/, "a 0 �, Organization /Department Vol. I48 r I ;�_ �?�, Li COMMISSIONERS CpURT MEETING ,20`/ ,'coo Date anifTime Name Organization /Department sm i 10 AM it Vol. pg. --1-,3--- �i r uh►� ., ��,, l�ew� :* Brazos County +' F Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Senior Buyer Tracy Stracener, Asst. Purchasing Agent Tiffany West, Buyer June 28, 2011 Contract Pharmacy Services, Inc. 125 Titus Avenue Warrington, PA 18976 Phone: 267 -487 -9000 Fax: Email: Attn: Wayne J. Shafer Re: Renewal of Contract for Pharmaceuticals — 2009 -42R Brazos County would like to extend the contract for Pharmaceuticals — 2009-42R. The current agreement expires July 31, 2011, in order to allow enough time for the bid process the County request that Contract Pharmacy Services extend the contract to August 31, 2011 with all terms, conditions, and pricing shall remain the same. To accept the extension, please fill out the information and sign below. Return this letter by email to TStracener @co.brazos.tx.us or fax to (979) 361 -4293 and submit an original by mail to the address listed above. Upon receipt of signed document and approval by the Commissioner's Court the contract will be extended to August 31, 2011. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4291. Contact Name: A ©Q£Q'f 0. 1/ / L . L Telephone:___ ° � ,6 /' 0)- / & E -Mail: �`�JrrP� (.1.iN QG�/CI�:l Fax: !' ?9 -'5' I IV Signature BRAZOS COUNTY 1 Duane Peters, County Judge Sincer ly, Tracy S cen r Assistan Purchasing Agent Date 4D' ate Vol. 149 � LexisNexis- ®NEW CUSTOMER ❑EXISTING CUSTOMER Confi dential PRISON SOLUTION ORDER (Individual Product Prices) "Customer ": Brazos County Jail Account Number: TBD 71 Customer agrees to purchase or license the Products listed in the table below on the terms of this Order. DOCUMENT TITLE PRODUCT LN COMPANY See page 2 Distributed Media Prison Solution LN/MB ITEM SPECIFY PRODUCT ISBN # 1 Texas Basic EHD TBD 2 3 4 DOCUMENT TITLE WHERE To FWD IT Configuration and Pricing Sheet See page 2 Customer Information Sheet See page 4 Terms for Ordered Products See page 5 The Additional Documents are part of this Order. The LN Companies may make certain terms and other information in connection with this Order available on the World Wide Web at one or more sites the LN Companies identify. Customer acknowledges that it has access to the World Wide Web. This Order, the Additional Documents, and any materials referenced in the Additional Documents state the complete agreement between Customer and the LN Companies concerning this subject, and supersede all earlier oral and written communications between them concerning this subject. LexisNexis accepts this Order on its own behalf and as authorized agent for each of the other LN Companies that provides Products under this Order. LexisNexis's agency is described in detail in the Common Terms referenced in the Terms for Ordered Products. Agreed to and accepted by: a division of Reed Els evier Inc. SIGNED' �-^�� - �� SIGNED: PRINTED: � �lY� �( t L/�l /� ✓ PRINTED: TrTLE: DATE: THIS ORDF,R DOHS NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. LEXISNExis MAY ACCEPT THIS ORDER BY SIGNING ABOVE OR BY PERFORMING THIS ORDER. THE PRICES AND OTHER TERMS IN THIS ORDER ARE SUBJECT TO CHANGE IF CUSTOMER HAS NOT SUBMITTED A SIGNED COPY OF THIS ORDER TO LEXISNEMS ON OR BEFORE THE BEGINNING OF THE FIRST ORDER PERIOD UNDER THIS ORDER. TO 1MPLFMFNT THLS ORDER ON THE FIRST DAY OF A MONTH, LEXIsNFXIS MUST RECEIVE A COPY OF THIS ORDER SIGNED BY CUSTOMER ON OR BEFORE THE 20' DAY OF THE PRECEDING MONTH. Account Representative Name: Steve Rentfrow Account Representative Number: 3V9 SLGovt- ToWSolut ions- DisLnbutedMediaPrisonSolution- IndividualProductPnces -Aug -2010 mN 4818- 8505 -6007 C 2010, LexisNexis, a division of Reed Flsevier Inc. VOL I `t `1 Pg. Confidential ° LexisNexis; Configuration and Pricing Sheet This Sheet is part of the Order. See the "Germs for Ordered Products for important terms related to each line item. The term of this Order will begin the month in which delivery of the Distributed Media Prison Solution is delivered to Customer and will continue for full calendar months (the "Term "). ORDER PERIOD 8/1/2011 To 7/31/2012 8/1/2012 To 7/31/2013 , 8/1/2013 To 7/3112014 Replaceable Hard Drive Solution(s) TO Total Monthly Commitment for the above selections TO Number LexisNexis, a division of Reed Flsevier Inc. ( "LN ") and Matthew Bender & Company, Inc. ("MB") provide this Product. Closed Offer: (prices valid for 30 days from date of proposal) Total Monthly Commitments Customer understand and acknowledges the prices offered in this Order are based in part on the number of access points, computers or terminals used to access the Distributed Media Prison Solution. Customer hereby certifies there will be 2 access points, computers or terminals used to access the Distributed Media Prison Solution. At the request of LN Customer will re- certify to the number of access points, computers or terminals used to access the Distributed Media Prison Solution. ff the net number of access points, computers or terminals used to access the Distributed Media Prison Solution increases, LN reserves the right to increase the price on the first day of any calendar month following such increase by giving Customer at least ten days prior written notice. fl.. - 4 11 'k to t fnllnwinor nictribrlted Media Prison Solution: I..LW LV 111H1 ilV.ivv Number �-+ - Distributed Media Description Monthly Commitment For First Order Period Kiosk Solution(s)* DVD Solution(s) 1 Replaceable Hard Drive Solution(s) $450 Total Monthly Commitment for the above selections $450 Number Distributed Media Description Monthly Commitment For Second Order Period Kiosk Solution DVD Solution(s) 1 Replaceable Hard Drive Solution(s) $473 Total Monthly Commitment for the above selections $473 Number Distributed Media Description Monthly Commitment For Third Order Period Kiosk Solution(s)* DVD Solutions 1 Replaceable Hard Drive Solution(s) $497 Total Monthly Commitment for the above selections $497 SLGovt -Total Solutions- DistributedMediaPrisonSolution -Lndi,,idua0ProduetPrices -Aug -2010 ID# 4818.8505 -6007 ® 2010, LexisNexis, a division of Reed Elsevier Inc. All avhts reserved. Page 2 of 8 Vol. t 4 1 Pg. Confidential Number Distributed Media Description Monthly Commitment For Fourth Order Period Kiosk Solution(s)* DVD Solution(s) i j Replaceable Hard Drive Solution(s Total Monthly Commitment for the above sel ection s Number Distributed Media Description Monthly Commitment For Fifth Order Period Kiosk Solution(s)* DVD Solution(s) Replaceable Hard Drive Solution(s) Total Monthly Commitment for the above selections * Kiosk/Hardware may be leased or purchased. If purchased, a Bill of Transfer will be attached to this Order Form. 4. Billing Period. In exchange for access to and use of the Distributed Media Prison Solution(s) specified above, Customer shall pay the monthly fees listed above beginning the month in which delivery of the Distributed Media Prison Solution is delivered to Customer and continuing for the duration of the "berm 5. Delivery Information: Ship to Account Number: Delivery Address For Each Distributed Media Set and Contact Name Maximum Number of Workstations For This Location I i Complete Description of Law Library Information on Distributed Media Included in this proposal: LN Will use reasonable commercial efforts to maintain the currency of the legal materials via periodic updates STATUTES Federal Primary Sources • U.S. Supreme Court Cases • Fifth Circuit Federal Cases (all Fifth Circuit Court of Appeals and District Court cases) • United States Code Service, Annotated • Federal Court Rules (includes the Federal Rules of Criminal and Civil Procedure) • United States Constitution Texas Primary Sources • Texas Statutes Texas Court Rules • Texas State Cases Analysis and Practice Guide ** SLGovt- TotalSo1utions- DisinbutedMediaPrisonSolution- IndividualPrnductP7ices -Ang -2010 ED4 4818 -8505 -5007 A 2010, LexisNexis, a division of Reed Elsevier Inc. All nghts reserved. Page ? of 8 VOL I leg. 1 1 1,.1111.111tia Ship to Account Number: Delivery Address For Each Distributed Mcdia Set and Contact Name Maximum Number of Workstations For `Phis Location • Texas Criminal Practice Guide Citators and References • Shepard's— Federal and U.S. Citations • Shepard's - Texas Citations Ballentine's Law Dictionary, 3rd ed. SLGo% Solutions- DistnbutedMediaPrisonSo lution- lndimduatProductPnces -Aug -2010 1D# 4818- 8505 -6007 0 2010, LexisNexis, a division of Reed Elsevier Inc- All ri is reserved. Page 4 of 8 vo1. 14 8' Pg. 1 Confidenti Ship to Account Number: Delivery Address For Each Distributed Media Set and Contact Name Maximum Number of Workstations For This Location AQh e LexisNexis• Customer Information Sheet For existing Customers, LexisNexis will use billing and credit information already on file. Customer Billing Account Number: TBD I. Organization Name: Brazos County Sheri ffs Office -Jail 2. Contact Fame: Wayne Dicky Address: 1700 Hiebwav 21 West City: Bryan State: TX Zip: 77803 4. County: Brazos 5. Countrv: 6. Invoice Address: 7. E -Mail Address: 8. Telephone Number: 9. Fax Number: 10. Preferred method of communication from LexisNexis (Optional): ❑ email ❑ standard mail 11 ❑ l prefer to be invoiced monthly ❑ I prefer to pay the entire Order by Credit Card: Select method of credit card payment ❑ MasterCard ❑ VISA ❑ AMEX Credit Card # - - F.xp Date: 12. Tax Exempt: ❑ Yes (anaeh proof of exemption) E] No 13. P.O. Number SLGovt- TotalSolutions- DistnbutedMediaPrisonSo lution- IndividualProductPnces- Aug -2010 ID# 4818- 8505 -6007 C 2010, LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Page 5 of 8 Vol. 1 q 8 Pg. 101 Confidential LexisNexis Terms for Ordered Products These Terms are part of the Order. The following terms are for the implementation of this Product as described in the corresponding line item of the Configuration and Pricing Sheet_ LexisNcxis, a division of Reed Elsevier Inc. ( "LN") and Matthew Bender & Company, Inc. ( "M13 ") provide this Product. 1. Definitions 1.1 ".Authorized Users" means each of the civilian librarians and inmates at Customer's facility who are authorized by Customer to access and use the Distributed Media. 1.2 "Distributed Media" means the set of one or more DVDs and/or External Hard Drives provided by LN/NB to Customer that contains the Law Library Information. 1.3 "Law Library Information" means the legal content that is owned or licensed by LN/MB that is contained on the Distributed Media as described on the Configuration and Pricing Sheet_ 2. Services During the Term, LN/MB will provide Customer and its Authorized Users with access to and use of the Distributed Media. The number of copies of the Distributed Media and the delivery locations for such Distributed Media are set forth on the Configuration and Pricing Sheet. 3. Term of Order; Termination 3.1 The Term of this Order is set forth on the Configuration and Pricing Sheet_ Order. Customer will have 30 days to pay each invoice. Amounts which have not been paid within 30 days after the invoice date are thereafter until paid subject to a late payment charge at a rate equal to 15% per annum (or, if less, the maximum rate permitted under applicable law). Additionally, LN/NM shall have the right to terminate this Order and retain all sums paid by Customer. 43 In the event this is a multi -year contract and sufficient funds are not appropriated or allocated for payment under this Order for any future fiscal period, LN /MB may terminate this Order effective on the last day of the last Order Period that was funded. by providing Customer with at least 10 days prior written notice. Customer will not be obligated to make payments for services or amounts incurred after the end of the last funded fiscal period. No penalty or expense shall accrue to Customer in the event this provision becomes effective. 4.4 LN/MB will use reasonable efforts to update the Distributed Media on monthly or quarterly basis (depending upon the materials) so they remain reasonably cuff cut. 5. Warranty 5.1 LN/MB represent and warrant that they have the right and authority to make the Distributed Media available on the terns set forth herein. 3.2 Either LN /MB, on the one hand, or Customer, on the other hand, may terminate this Order for a material breach. Prior to exercising such right of termination, the non - breaching party must first provide the breaching party with 30 days prior written notice setting forth with specificity the nature of the breach (the "Breach Notice "). If such breach remains uncured 30 days after the Breach Notice is given, the non - breaching party may terminate immediately upon written notice. 3.3 LN /MB may terminate this Order immediately upon written notice to Customer in the event: (i) any subcontracting agreement between LN and its third party suppliers ( "Suppliers ") of Prison Solution software or hardware expires or is terminated, (ii) any Supplier becomes insolvent or makes an assignment for the benefit of creditors, or (iii) any Supplier is unable or fails to perform the services that are required in order for LN /MB to perform their obligations hereunder. 3.4 LN/MB retains ownership of the Distributed Media. Customer will retain ownership of any computer hardware at the end of one year or the first order period, whichever is later. Upon termination of this Order, at the direction of LN/MB, Customer will either cease all use of and destroy the Distributed Media, or return the Distributed Media to LN/MB at LexisNexis, 701 East Water Street, Charlottesville, Virginia 22902. 4. Pricing; Payment Terms 4.1 In exchange for access to and use of the Distributed Media, Customer will pay LNNMB the charges set forth on the Configuration and Pricing Sheet (the "Fees "). The Fees include all charges for shipping and handling. 4.2 MB will serve as LN's billing agent during the Term. MB will provide Customer with one consolidated invoice for the Distributed Media which shall be provided to Customer as set forth in the Configuration and Pricing Sheet. Customer will pay the Fees to MB and MB will remit to LN that portion of the Fees that is due to LN under this 5.2 EXCEPT AS EXPRESSLY STATED IN SECTION 5.1, LN /MB MAKE NO WARRANTY, EXPRESS OR IMPLIED. WITH RESPECT TO THE DISTRIBUTED MEDIA OR THE ACCURACY OR THE COMPLETENESS OF THE LAW LIBRARY INFORMATION. THE DISTRIBUTED MEDIA AND LAW LIBRARY INFORMATION ARE FURhIISHED ON AN "AS IS ", AS- AVAILABLE BASIS. .ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THIS ORDER, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 6. Remedies 6.1 In the event there is a breach of warranty under Section 5. 1, LNIMB shall, as their sole obligation and Customer's exclusive remedy, defend or, at their option, settle any action or proceeding of any kind or description based upon a third party's claim of patent, trademark, servieemark, copyright or trade secret infringement, related to use of the Distributed Media (excluding any decisions or advice made or given as a result of the use of or reliance upon the Law Library Information) provided by LN /MB asserted against Customer by such third party provided: (i) all use of the Distributed Media was in accordance with this Order. (ii) the claim, cause of action, or infringement was not caused by Customer or its Authorized Users; (iii) LN/MB are given prompt notice of any such claim; and (iv) LN/MB have the right to solely control and direct the investigation, defense and settlement of each such claim. Customer, at the expense of LN/MB, shall reasonably cooperate with LN/MB in connection with the foregoing. If notified promptly in writing of any claim, demand, or judicial action brought against Customer based on an allegation that its use of the Distributed Media constitutes infringement, LN/MB will jointly and not severally pay the costs, including reasonable attorney fees, associated with resolving such claim and will pay the judgment or settlement amount (if any). SLGovt- TotalSolutions- DistributedMediaPnsonSolunon- individualP7odnctprices- Aug -2010 mit 4818- 8505 -6007 ® 20tO, LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Page 6 of 8 Vol. 1 Pg. Should the Distributed Media or the operation thereof become, or in the opinion of LNlMB be likely to become, the subject of a claim of infringement, Customer shall permit LN"MB, at their sole option and expense, either (i) to procure for Customer the right to continue using the Distributed Media, (ii) to replace or modify the same so that it becomes non - infringing; or (iii) terminate Customer's use of the Distributed Media upon notice to Customer and grant Customer a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. 6.2 LN/MB shall have no responsibility to Customer under this Section 6 with respect to any use of the Distributed Media in a manner not authorized by this Order; or for any abuse or modification of the Distributed Media by Customer or its Authorized Users. 7. Limitation of Liability ANY LIABILITY OR DAMAGES ARISING OUT OF OR RELATED TO THIS ORDER, REGARDLESS OF THE NATURE OF - THE- CAUSE OF ACTION, SHALL IN ALL CASES, WHETHER IN ONE CLAIM OR IN MULTIPLE CLAIMS, BE LIMITED TO THE LESSER OF CUST'OMER'S ACTUAL DIRECT DAMAGES OR THE TOTAL PAYMENTS MADE BY CUSTOMER TO LN /MB FOR THE DISTRIBUTED MEDIA PROVIDED BY LN/MB HEREUNDER DURING TIIE PREVIOUS 12 MONTHS. IN NO EVENT WILL LN/MB HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN STATLYI- TORT, STRICT LIABILITY, CONTRACT, BREACH OF WARRANTY OR OTHERWISE AND NOTWITHSTANDING ANY FAULT OR NEGLIGENCE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, EVEN IF LN/MB WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LN,'MB ALSO SHALL NOT BE LIABLE FOR, AND SHALL BE EXCUSED FROM, ANY FAILURE TO PERFORM OR DELAY IN PERFORMANCE DUE TO CAUSES BEYOND THEIR REASONABLE CONTROL, INTERRUPTIONS OF POWER OR TELECOMMUNICATIONS SERVICES, ACT OF WAR TERRORISM OR NATURE, GOVERNMENTAL ACTIONS, FIRE, FLOOD, NATURAL DISASTERS OR SIMILAR EVENTS. Confidential LN/MB DISCLAIM ALL WARRANTIES WITH RESPECT TO THE DISTRIBUTED MEDIA AND LAW LIBRARY INFORMATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE LMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE .ARISING FROM A COURSE: OF DEALING. LNG DO NOT WARRANT THE ACCURACY, RELIABILITY OR CLRRENTNESS OF THE LAW LIBRARY INFORMATION. LN/MB WARRANT THAT THE DISTRIBUTED MEDIA WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 30 DAYS FROM Tl-TE DATE OF DELIVERY TO CUSTOMER CUSTOMER'S EXCLUSIVE RENIEDY AND LNiMB'S SOLE OBLIGATION WITH RESPECT TO DEFECTIVE DISTRIBUTED MEDIA WILL BE TIIE RIGHT TO RETURN THE DEFECTIVE DISTRIBUTED MEDIA FOR A REPLACEMENT COPY AT NO ADDITIONAL CHARGE. 8. Miscellaneous 8.1 Customer understands and acknowledges that LN/MB may use one or more of its approved subcontractors to install the Kiosk Prison Solution. 8.2 If LN /MB accept an order for a Distributed Media on a purchase order issued by Customer ( "PO "), the terms and conditions of the PO are for Customer's internal purposes only and shall in no way modifii or affect the terms of this Order. 8.3 This Order, including Schedule A, contains the entire agreement between the parties with respect to the subject matter hereof, and may be amended only by a writing signed by both parties. Notwithstanding the foregoing, LN/MB may change the license terms set forth in Line Item 1 or Schedule A immediately upon written notice to Customer. Customer's continued use of the Distributed Media following notice of the change shall constitute its acceptance of the change. 8.4 The following sections of this Order shall survive termination or expiration of the Order for any reason: Sections 6 and 7. The following terms and conditions govern Customer's use of this law library research system on DVDs and/or Extemal Hard Drives (the "Distributed Media ") and the materials available therein ( "Law Library Information "): 1. License; Restrictions on Use 1.1 Customer is granted a non - exclusive, non - transferable limited license to access and use the Distributed Media for legal research purposes. The license includes the following: (a) The right to electronically display, on the Distributed Media, Law Library Information retrieved from the Distributed Media to no more than one person at a time; (b) The right to obtain printouts of Law Library Information via the printing commands of the Distributed Media and to create a single printout of Law Library Information downloaded via downloading commands of the Distributed Media ( "Authorized Printouts "); (c) The right to retrieve via downloading commands of the Distributed Media and store in machine - readable form, primarily for one person's exclusive use, a single copy of insubstantial portions of Law Library Information included in any individual file; and (d) To the extent permitted by applicable copyright law, the right to make copies of Authorized Printouts and distribute Authorized Printouts and copies. 1.2 Except as specifically provided in Section 1.1, Customer are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Law Library Information retrieved from the Distributed Media. Customer may not print or download Law Library Information without using the printing commands of the Distributed Media. 1.3 Customer is not permitted to: (a) Remove or obscure any copyright notice or other notice or terms of use contained in the Distributed Media or Law Library Information. (b) Use the Distributed Media or Law Library Information in any fashion that may infringe any copyright, intellectual property right, or proprietary or property right or interest of LexisNexis, a division of Reed Elsevier Inc., a Massachusetts corporation. ( "LexisNexis ") or its contractors or content suppliers; (c) Use the Distributed Media or Law Library Information to develop a database, infobase, online or similar database service, or other SLG ovt- TotalSotutions- lhsmbutea4ediaPnsonSolution- IndividualProductPrices- Aug -2010 ]1N 4818 - 8505 -6007 C LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Page 7 of 8 Vol. 14 _g - Fig. information resource in any media (print, electronic or otherwise, now existing or developed in the future) for sale to or use by others; or (d) Copy, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the Distributed Media or Law Library Information. 2. Proprietary Rights The Distributed Media and Law Library Information and any copyrights, trademarks, patents, trade secrets, intellectual property rights and other proprietary rights in and to the Distributed Media and Law Library Information are owned by LexisNexis and its contractors and content suppliers. Customer acquires no proprietary interest in the Distributed Media, Law Library Information, or copies thereof. 3. Disclaimer of Warranties THE DISTRIBUTED MEDIA AND LAW LIBRARY INFORMATION ARE PROVIDED ON AN "AS IS ", "AS AVAILABLE" BASIS AND LEXISNEXIS AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4. Limitation of Liability 4.1 A Covered Party (as defined below) shall not be liable for any loss, injury , claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Distributed Media or anv Law Library Information available or not included therein, (b) the unavailability or interruption of the Distributed Media or any features thereof or any Law Library Information, (c) Customer's use of the Distributed Media or Law Library Information (regardless of whether Customer received any assistance from a Covered Party in using the Distributed Media), (d) Customer's use of any equipment in connection with the Distributed Media, (e) the content of the Law Library Information, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party. 4.2 "Covered Part}' means (a) LexisNexis, its affiliates including Matthew Bender, and any officer, director, employee, subcontractor, agent, successor, or assign of LexisNexis or its affiliates; and (b) each third parry supplier of Law Library Information, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Law Library Information or any of their affiliates. END Confidential 4.3 TI1E AGGREGATE LIABILI 'I'Y OF THE COVERED PARTIES IN CONNECTION WITH AN'Y OTHER CLAIM ARISING OUT OF OR RELATING TO THE DISTRIBUTED MEDIA OR LAW LIBRARY INFORMATION SHALL NOT EXCEED THE LESSER OF CUSTOMER'S ACTUAL DIRECT DAMAGES OR 11-LE TOTAL PAYMENTS MADE BY CUSTOMER TO LNIMB FOR THE DISTRIBU'T'ED MEDIA PROVIDED BY LN/MB HEREUNDER DURING THE PREVIOUS 12 MONTHS.. CUSTOMER'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTIIFR REMEDIES WHICH CUSTOMER MAY HAVE AGAINST ANY COVERED PARTY. 4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE DISTRIBUTED MEDIA, LAW LIBRARY INFORMATION, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. 5. Miscellaneous 5.1 These General Terms and Conditions may be changed from time to time, by LexisNexis immediately upon notice. 5.2 LexisNexis may suspend or discontinue providing the Distributed Media to Customer without notice and pursue any other remedy legally available to it if Customer fail to comply with any of Customer's obligations hereunder. 5.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed physically on or near, or electronically in, the Distributed Media. 5.4 The failure of LexisNexis or any third party supplier of Law Library Information to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 5.5 These General Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio. 5.6 Each third party supplier of Law Library Information has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. B 2010, LoxisNexis, a division of Reed Elsevier tnc� t u to son o ton - n m u o ucr nces -Au -2010 ID# 4818- 8505 -6007 All rights reserved. Pace 8 of 8 Vol. g -- �'0. J 1, 25, 2011 1:41 PM No. 0152 P. 1 VEMON WnWM AGENCY AMMONT FOR PURCHA.MS PURSUANT TU STATE OF TEXAS pM CONTRACT NO. DMSDD -604 This agreement Is dated -- — ! 20t 1 between Dallse MTA, LP Wa VeriMn Wireless, GTE MobOnst Of Son* Tom Uu tted Paamaslup dlWa V'erizon Wireless, oM Mobjinet of 'Texas, lLSA #17 Limited PI Ma ft &W& V'etizon Wireless, Sea Amomio MTA, LP. WA, VedW%, Wi1Asn, Southern & Central WjrGlese, U C diwe Verizan Wiirleas, Verizon Wmem Power Partners Ina d16Ja Vadwn Wirdm and Vedzon Wireless Texas. LX.0 d16/a 1lorixon Wisele9s ("Vepzou Wheless ") and Brazos County (" Agency 1, an agency of ft State of Tom. a city, oounq. m'gnWPgl[ty or odw poli�cal Bub - division of the State of Texas that aggress to be bmnd by tha Contract far Wireless Voice do Data Services and Equipment between the Stato of Texas Department of Inforrnatiom 17a9oM=2 (the `DIR) and Verizon Wimless, DIR Contract No, DT -SI)D -604 (the "DM Agrcmne rt" - This Agency Agreement snail be gov=44 by tho terms and conditions of the DIR Agreemmt dated WOW 2, 2007 A copy of tbo DIR Agreement is iacofpoxarad herein by reference. Ve2iz0h Wbrless hereby a gree to sxtend the privileges and benefits of the DlR Agreement in conxideration of ASenc"g agreement hernia to be bound by all the =W and cm&dopx got foxth in the Agreemmt DIR will only be rssponaiblo for services pravldad to DIR and will not be map"ble for paym=m for services porovided to any ii&videal Agcney. Agency ham . Far segamtely and solely noble for all obli xtions =d payTnents equipmemt y. Pr all purposes of the Agreement, Agency shall perfofm its obItgatlons in the soma meaner 0 DM uRd" the D IR Agresmmt And Yearizon shall provido oTOpumt and services to DID. and Agra in like manneat, "cept as otherwise p%0vM4 Here. IN WTiTTM WTIMi 0F, tha aatho zed xeptosW tativns of the, parties hereto execute this Agreement below, intendim to b VMZON EN • e4ens Title: Title: ;5rq ( ?4Pan Data. Data• ��� j ~ j� aoir�ia ' Vubw WWW AReo q AFtdmAUJW DID -gM60d oas oGple tn.e to evaluate & docva" Data 3hst i" k We doa�rme,st ahtllnot Da dnpHwred uao4 dfeelaa+d in wl►o1e ad Sri P dW R�� 0 /25/2011 2:40PM VO1. g pg. o� DIR Contract No. DIR -SDD -604 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR WIRELESS VOICE & DATA SERVICES AND EQUIPMENT VERIZON WIRELESS 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter "DIR ") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and: Dallas MTA, PD d /b /a Verizon Wireless GTE Mobilnet of South Texas Limited Partnership d /b /a Verizon Wireless GTE Mobilnet of Texas RSA #17 Limited Partnership d /b /a Verizon Wireless San Antonio MTA, L.P. d /b /a Verizon Wireless Southern & Central Wireless, LLC d /b /a Verizon Wireless Verizon Wireless Power Partners Inc. d /b /a Verizon Wireless Verizon Wireless Texas, LLC d/b /a/ Verizon Wireless (hereinafter "Vendor "), with its principal place of business at 750 State Highway 121 Bypass, Lewisville, TX 75067. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Texas Building and Procurement Commission's Electronic State Business Daily, Request for Offer (RFO) DIR- SDD -TMP- 089, on April 23, 2007, for Wireless Voice and /or Data Services and Equipment. Upon execution of this Contract, a notice of award for RFO DIR - SDD -TMP -089 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C Product and Pricing Index; Exhibit 1, Vendor's Response to RFO DIR - SDD - TMP -089, including all addenda; and Exhibit 2, RFO DIR - SDD- TMP -089, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix 8, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. Page 1 of 6 DER Contract No. DIR - SDD -604 VOL 149 Pg. a 4 2. Term of Contract A. The term of this Contract shall be one (1) year commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to three (3) optional one - year terms. B. DIR agrees that Vendor may accept Purchase Orders with a termination date up to one year beyond the then — effective termination date of the Contract. Vendor agrees that it shall not accept Purchase Orders under the Contract for any term beyond one year from the effective termination date of the Contract. 3. Product and Service Offerings Wireless Voice and Data Products and Services available under this Contract are all published Verizon Wireless Voice and Data National Plans, plus Custom State of Texas Calling Plans (created specifically for DIR Customers and not available to commercial or retail customers). Vendor may incorporate changes to their product offering; however, any changes must be within the scope of Products and Services awarded based on the posting described in Section 1.8 above. 4. Pricing A. Manufacturer's Suggested Retail Price (MSRP) MSRP is defined as the product sales price suggested by the manufacturer or publisher of a product. B. Customer Discount The minimum Customer discount from the Vendor for all published Verizon Wireless Voice and Data National Plans is 18 %. Custom State of Texas Calling Plans are firm fixed prices and are identified in Appendix C Product and Pricing Index. The minimum Customer discount from the Vendor for all accessories is 25% off of current retail price. C. Customer Price 1) The price to the Customer shall be calculated as follows: Customer Price = MSRP — Customer Discount 2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event, a copy of such better offerings shall be furnished to DIR upon request. 3) if pricing for products or services available under this Contract are provided at a lower price to: (i) an eligible Customer who is not purchasing those products or Page 2 of 6 DIR Contract No. DIR -SDD -604 Vol. _j 4 � 9. a 15 - services under this Contract or (ii) any other entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price. This Contract shall be amended within ten (10) business days to reflect the lower price. D. DIR Administrative Fee The administrative fee specified in Section 5 below shall not be broken out as a separate line item when pricing or invoice is provided to Customer. E. Shipping and Handling Fees The price to the Customer under this Contract shall include all shipping and handling fees. Shipments will be Free On Board Customer's destination. No additional fees shall be charged to the Customer for standard shipping and handling. If the Customer requests expedited delivery, Customer will be responsible for any charges for expedited delivery. F. Tax - Exempt As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt from the assessment of State sales, use and excise taxes. Further, Customers under this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections 4253(i) and (j). G. Travel Expense Reimbursement Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of those services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations, parking and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized by the current State Travel Regulations. Travel time may not be included as part of the amounts payable by Customer for any services rendered under this Contract. The DIR administrative fee specified in Section 5 below is not applicable to travel expense reimbursement. Anticipated travel expenses must be pre - approved in writing by Customer. H. Changes to Prices Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Price decreases shall take effect automatically during the term of this Contract and shall be passed onto the Customer immediately. I. Telecommunications Fees 1) The only applicable FCC authorized fee, surcharge or assessment in effect as of the date of this Contract is the Federal Universal Service Fund charge. This fee may appear on billings to Customers. No other FCC or PUC authorized fee, cost recovery fee, surcharge or assessment applicable to wireless voice and /or data telecommunications services may be imposed during the term of this Contract, without the prior amendment to authorize such imposition under the Contract. Vendor acknowledges that certain Customers, that are political subdivisions, are exempt from the imposition and collection of certain Texas telecommunications fees, Page 3 of 6 DIR Contract No. DIR -SDD -604 Vol. i 4Y p 910 including the Texas Universal Service Fund Charge and Texas Infrastructure Fund assessment. In addition, state agency - Customers have additional exemptions from Texas fees, including the 9 -1 -1 emergency service fee, 9 -1 -1 equalization surcharge, poison control surcharge, and late charges imposed under Section 55.010, Utilities Code. Vendor agrees to not bill for any items which are not mandated by the FCC or PUC and which are otherwise not applicable to wireless voice and /or data telecommunications services. Vendor also agrees to not bill for items for which a Customer has an exemption. Vendor agrees to promptly correct any incorrect billings that occur. 2) Except for changes in the law, during the term of this Contract, all changes in fee structures, which create or authorize Vendor to impose an unlisted telecommunications fee on these Products and or Services, which Vendor desires to impose under this Contract, shall require an amendment in order to be effective against the State of Texas and Customers. In the event of a change in the law or fee structures, which results in an exemption from payment in favor of the state of Texas or its Customers, Vendor shall give effect to the exemption without the necessity of a contract amendment. J. Other fees Vendor acknowledges all activation fees and termination fees, including early termination fees, are waived for all DIR eligible customers (unless, with respect to early termination fees, the one Hundred Dollar ($100) Invoice Credit option is exercised as defined in Appendix C Product and Pricing Index). 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is two percent (2 %). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $2,000 B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor. Any change in the administrative fee shall be incorporated in the price to the Customer. C) Administrative fees are applicable to all invoiced sales for wireless voice and data service plans, equipment and accessories. The parties agree the administrative fee for wireless voice and data equipment and accessories is 2% of total annual sales paid in accordance with Section 8.13.4 of Appendix A. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: If sent to the Vendor: Sherri Parks, Service Delivery Division Blake Pumphrey Department of Information Resources Verizon Wireless 300 W. 15th St., Suite 1300 750 State Highway 121 Bypass Austin, Texas 78701 Lewisville, TX 75067 Page 4 of 6 DIR Contract No. DIR -SDD -604 Vol. 149 Pg. C2 7 Phone: (512) 475 -4700 Phone: (214) 770 -9700 Facsimile: (512) 475 -4759 Efax: (972) 444 -5631 Email: sherri.parks @dir.state.tx.us Email: blake .pumphrey @verizonwireless.com Kirk Jamieson Verizon Wireless 1 Verizon Place Alpharetta, GA 30004 Phone: (678) 339 -4958 Fax: (678) 339 -8642 kirk .jamieson @verizonwireless.com 7. Shrink/Click -wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink - wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. 1. All references to Catalog Information System Vendors (CISV) in Appendix A are hereby deleted. 1. Appendix A, Section 6. E.2. Accurate and Timely Contract Information is hereby restated as follows: 2) Accurate and Timely Contract Information Vendor warrants and represents that the website information specified in the above paragraph will be accurately and completely posted, maintained and displayed in an objective and timely manner. Vendor, at its own expense, shall correct any non- conforming or inaccurate information posted at Vendor's website within fourteen (14) business days after written notification by DIR. 1. Appendix A, Section 13. Customer Satisfaction Metrics is hereby added as follows: 1. Customer Satisfaction Metrics DIR will be providing quarterly "customer satisfaction scores" and DIR is reserving the right to engage a third party to build and gauge customer satisfaction metrics. Should a wireless vendor go two straight quarters with a low customer satisfaction score, DIR reserves the right to suspend all new prospective business orders for up to two business quarters till customer satisfaction issues are resolved. Further, DIR may be selecting an integrator that will serve as a single interface for wireless telecommunications management which may include single portal ordering, provisioning, billing, reconciliation and dispute management. The vendors will agree to utilization of this interface for their DIR wireless contracts. Page 5 of 6 DIR Contract No. DIR -SDD -604 Page 6 of 6 Vol. 1 41 Pg. O This Contract is executed to be effective as of the date of last signature. Verizon Wireless The State of Texas, acting by and through The Department of Information Resources Authorized By: Signature on File Authorized By: Signature on File Name: James E. McGean Name: Cindy Reed Title: President — South Area Title: Deputy Executive Director Operations & Statewide Technology Sourcing Date: 9/28/07 Date: 10/2/07 Legal: Signature on File VOL- t qq Pg . a9 CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF MILAM 4M YOUTH SERVICES, INC dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER Residential Services Se tember 1 2011 - August 31 2012 This Agreement is entered into by and between Brazos County, at the request of and on behalf of the Brazos County Juvenile Probation Department and 4M Youth Services, Inc., dba Rockdale Regional Juvenile Justice Center, a Texas for - profit corporation, licensed to provide child care services by the Texas Juvenile Probation Commission, and /or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider "). ARTICLE I 1 l R P()tiF. 1.01 The purpose of this Residential Services Agreement is to provide juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider, and is located at 696 N FM 487, Rockdale, Texas 76567. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 2011 and ending August 31, 2012. ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: A. Basic B. Specialized C. Intensive The three level of care service delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Probation Commission. Vol. pg. �D Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 — August 31, 2012 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Juvenile Probation, B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. D. Provide to the Juvenile Probation Department a written Individualized Treatment /Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/ Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/ behavioral health; relationship; socialization; permanence; parent and child participation. E. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Treatment Plan shall contain the reasons why the placement may benefit the client, shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. F. Maintain copies of the original Individualized Program Plan and the periodic reviews. G. Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a ]Monthly Progress Report. H. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to Juvenile Probation for periodic inspection. 2 Vol. 10 Pg . J! Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 — August 31, 2012 Any and all medical /psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s) , court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical/ psychiatric treatment or clothing due to the inability to pay. ARTICLE. IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5_ The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: I. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLI~ V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of 98 per day for each child, admitted under "Moderate" Level of Care, $140 per day for each child admitted under "Specialized" 3 Vol. I q 9 p 3 0?_ Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 -- August 31, 2012 Level of Care and $225 per day for each child admitted under "Intensive" Level of Care. The Levels of Care are defined by the Texas Juvenile Probation Commission. The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. For children participating in sex offender treatment, the cost of the Offense Summary Polygraph and the Sexual History Polygraph will be paid by the Service Provider at a rate of $175 per exam, Additional polygraphs required due to the child failing one or both of the aforementioned exams will be paid by Juvenile Probation at a rate of $175 per exam. The cost is based on the projected actual cost of care for children in the facility. Payment is due within 30 days of receipt of billing. 5.02 Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation will be paid for by Juvenile Probation at the rate of 200 per exam. Follow -up evaluations will be paid by Juvenile Probation at the rate of 100 per exam. 5.03 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Fiscal Officer or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.05 If an emergency examination, EMS treatment, health care treatment, and /or hospitalization outside the Facility ( "Outside Treatment ") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four (24) hours of its occurrence. 5.06 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 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 4 VOL 1 p 33 Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 August 31, 2012 prior to the renewal date of the contract. 5.07 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.08 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.09 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.10 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officer's of Juvenile Probation may be denied if space limitations require as determined by the Facility. 6,02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Brazos County. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department of Brazos County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin_ 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally detained the child. 5 Vol. 1 4 Y Pg- 04 Rockdale Regional .Juvenile Center Residential Services Agreement September 1, 201 1 August 31, 2012 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of Brazos County pursuant to: (a) section 6.04 of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile Court of Brazos County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." roil Vol. 1142 Pg• 35 Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 - August 31, 2012 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 5 §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Milam County Sheriff's Office); B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 -786 -7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department ARTICLE X DISCLOSURE. OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. /� 7 Vol. __ _ � — pg_ (0 Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 —August 31, 2012 For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non- discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIII DEFAULT, SANCTIONS, PENALTIES FOR BREACH OF CONTRACT 13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise_ If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration Vol. / q (? Pg. Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 - -- August 31, 2012 or litigation_ The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. 4M Youth Services, Inc. Brazos County 696 N FIV1 487 1904 W SH 21 Rockdale, Texas 76567 Bryan, Texas 77803 F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIV TERMINATION 14.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Brazos County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Brazos County shall remove at its expense all children placed in the Facility on or before the termination date. 9 VOi. Pg Rockdale Regional Juvenile Center Residential Services Agreement September 1, 201 1 - August 3l, 2012 ARTICLE XV WAIVER OF SUBROGATION 15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVI INDEMNIFICATION 16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall have no obligation to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. "The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof, C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Juvenile Probation. Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. 10 von. 1 p �`� Rockdale Regional Juvenile Center Residential Services Agreement September 1, 2011 — August 31, 2012 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 Milam County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any Iitigation arising from this Agreement shall be in Milam County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT' OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this day of 201L. y _ -. Brazo County Proba 'o Departm t Chief Juvenile robation Officer 4M Youth Inc. Tia C64eman- Garrett Facility Administrator Brazos County Authorized Personnel 11 VOL / � g Pg . '� a STATE OF TEXAS § COUNTY OF HAYS § CONTRACT AND AGREEMENT FOR SECURE LONG -TERM AND SHORT -TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD and the County of BRAZOS hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the I" day of September, 2011, through the 31" day of August, 2012 pursuant to its provisions. WITNESSETH. Whereas, Hays County Juvenile Facility has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre -trial and pre - dispositional status or in the post - dispositional treatment prescribed by the Court; and Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the placing County for such use and purposes and Hays County desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: I. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12 :00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. lqg Pg. / VOL II. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $95.00 per day for each space utilized in Detention services. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of 5105.00 per day for each space utilized in the Boot Camp (B /C) /Academy program. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $140.00 per day for each space utilized in the Juvenile Intensive Treatment Program (JITP) and the Sex Offender Residential Treatment program (SORT). The daily cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. The HAYS COUNTY JUVENILE BOARD may at its discretion, or upon recommendation of the Hays County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. In addition to the rate agreed upon between the two parties, the placing County shall reimburse the Service Provider for expenditures made for medical care and dental care for children placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being made. If emergency examination, treatment and /or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and /or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty -four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE HAYS COUNTY JUVENILE BOARD agrees to provide a space, if available, at the time that the placing County requests the space. HAYS COUNTY JUVENILE BOARD will provide a copy of the visitation/phone contact schedule with this contract and the placing County shall provide a copy to a resident's parent/guardian/legal custodian. HAYS COUNTY JUVENILE BOARD will provide room and board, twenty -four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well -being of the child, and in long -term to enhance the child's functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child /Family Case Plan. -2- Vol. Iq d Pg. 4 a— IV. ADMISSION AND DISCHARGE Prior to transporting a child to the facility for short term - placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long -term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post - adjudication paperwork as stipulated by 'Texas Juvenile Probation Commission standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing county of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least (10) calendar days notice before discharging a child except when the child is a danger to self or others. HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardians, custodians, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged there from without: (a) Receipt of the Order signed by the Judges having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by the parties hereto that children placed in pre - adjudication care in the facility shall be removed therefrom by the appropriate authorities from the -3- Vol. ro p g. 43 placing County, or its agents, servants or employees at the expiration of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any manner respecting and of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that posses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN -4- Vol. , 4rs? P9• 4q Each child placed in long -term shall have a written Individualized Treatment Plan (ITP) developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, and/or appropriate placing county personnel within thirty (30) days of placement. The ITP shall complement the Child /Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Probation Commission standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The ITP shall contain the reasons why the placement will benefit the child; shall specify behavioral goals and objectives being sought for the child; shall state how the goals and objectives are to be achieved during the child's placement with the Service Provider: and shall state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's /objectives contained in the ITP on a monthly basis. These reports are to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (0 Aftercare goals. VII. PERFORMANCE MEASURES Goals The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential. This development will be through provision of a safe, drug -free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs The Service Provider shall provide the placing County, within ten (10) working days, -5- ' T ltr%, Vol. I Pg. information which outlines the services provided to clients. These output measures may include, but are not limited to: • Average length of stay of children in each program. • Average daily population of children in each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County will be performed by using the following outcome measures: • 80% of youth successfully completing the program. • 80% of youth report improved family communication/functioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least '/z educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION ME Vol. I q8' Pg. 4 � HAYS COUNTY JUVENILE BOARD will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as may be requested by the placing County. HAYS COUNTY JUVENILE BOARD will make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Probation Commission, and the State of Texas and /or their duly authorized representatives. HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for three (3) years after the final payment or until any audit or the program has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006, HAYS COUNTY JUVENILE BOARD shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on -site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts of omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. -7- VOL- 149 pg. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action of the threat thereof. XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughout the term of this agreement covering, among other matters that the placing County shall desire, any and all damages and /or claims that might arise out of the placement of county children. Such insurance shall include, but not limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition, The Service Provider shall comply with minimum standards as put forth by the Texas Juvenile Probation Commission at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code, The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIII. ACKNOWLEDGEMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, Vol. In / 4 Pg• safety or welfare. The parties acknowledge and agree that the Service Provider is under no obligation to accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. IVX. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. VX, MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. 0 �f / Vol. f 7 � leg. Y - This Contract is in lieu of all previous contracts or agreements by and between HAYS COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract become effective. Executed this the jq of 2 0 each copy hereof shall be considered an original copy for all pu oses. Linda Rodriguez Ch airman, n' hairman, Hays County Juven' Hays County Justice Center, Room 177 San Marcos, Texas 78666 Brett LittlejoHn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 -10- Official Authorized to Sign - T) 0 (Q4 � &41 e f ) Printed Na e Title: —j(kVW;)C' bl%remr -S COUNTY ------------------- Official Authorized to Sign .1)"xe, des Printed Name Title COUNTY LO VOL 199 pg.-- --- ;- CAPITAL AREA HOUSING FINANCE CORPORATION INTERLOCAL AGREEMENT JI& THIS INTERLOCAL AGREEMENT (this "Agreement ") is made and entered into as of q__, 2011 (the "Effective Date "), by and between the CAPITAL, AREA HousING FINA CF CORPORATION (the " Capilal Area 1IFC"), a public, non- pro[it housing finance corporation duly organized and existing under the laws of the State of Texas, and Brazos County, Texas, a corporate and political body of the State of Texas (the "Governing Body")- WITNESSETH: WHEREAS, the Capital Area 1IFC is authorized by the provisions of the Texas Housing Finance Corporations Act, Chapter 394, Texas Local Government Code, as amended (the 11 A01 11 to (a) lend money for its corporate purposes and invest and reinvest its funds; (b) borrow money at rates determined by the Capital Area HFC; and (c) pledge all or any part of the revenues, receipts or resources of the Capital Area HFC from or in connection with such loans, and to mortgage, pledge or grant security interests in such loans or other property of the Capital Area HFC in order to secure the payment of the Capital Area I - IFC's obligations; and WHEREAS, pursuant to the Act, the Capital Area HFC has established a 2011 Multifamily Developer Loan Program (the "Program ") under which the Capital Area HFC is authorized to make loans to eligible borrowers to help finance the acquisition, construction or rehabilitation of multifamily housing developments located within the jurisdiction of the Capital Area HFC and in other jurisdictions with. the authorization of the applicable local housing authority; and WHEREAS, the Capital Area IIFC intends to loan funds to DDC Bryan TC, Ltd. (the "Borrower "), to help finance the construction of certain property (the "Loan ") located in the jurisdiction of the Governing Body; and WHEREAS, the Governing Body hereby authorizes and consents to the Loan on the terms specified in this Agreement; Now, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which are herby acknowledged, the parties agree as follows: Section 1. Recitals The recitals set forth above are incorporated herein for all purposes and are found by the parties hereto to be true and correct. It is further found and determined that the parties hereto have authorized and approved this Agreement by resolution or order adopted by their respective bodies, and that this Agreement will be in full force and effect when executed by both parties. Section 2. Development Funding. The Governing Body hereby agrees that the Capital Area HFC may provide the Loan to the Borrower in connection with the construction of an INTERLOCAL AGREEMENT —PAGE 1 AUS:005325 1/00000:460291 Q Vol. / # P9-__ - / approximately 160 unit apartment project located in the Governing Body's jurisdiction in accordance with the terms set forth in a Term Loan Agreement (the "Loan Agreement "), to be entered into between the Capital Area IIFC and the Borrower. The parties hereto acknowledge and agree that neither the full faith and credit of the Governing Body or the State of Texas, nor the taxing power of the Governing Body, if any, or the State of Texas or any other political subdivision of the State of Texas is pledged in support of the Loan. Section 3. Termination This Agreement shall terminate upon the occurrence of any of the following events: (a) The Borrower withdraws its request for the Loan; (b) The Loan is not closed on or before the date for such closing specified in the Loan Agreement, or (c) The mutual written agreement of the parties hereto. Section 4. Termination upon Legal Prohibition of Relationship Notwithstanding the foregoing, the parties hereto may terminate this Agreement immediately by delivering written notice to the other party: (a) If, in the opinion of an independent attorney, it is determined that there is applicable legislation, regulations, rules or procedures (collectively referred to herein as a "Law ") in effect or to become effective as of a date certain, which Law, if or when implemented, would have the effect of subjecting a party hereto to civil or criminal prosecution under the state and/or federal Iaws, or endangering or jeopardizing the status of a party hereto or any of its affiliates, because of the party's participation herein; (b) if a party receives notice (the "Notice ") of an actual or threatened decision, finding or action by any governmental or private agency or court (collectively referred to herein as an "Action "), which Action, if or when implemented, would have the effect of subjecting the party to civil or criminal prosecution under the state and /or federal laws, or endangering or jeopardizing the status of the party or any of its affiliates, because of the party's participation herein; or (c) if a party hereto receives any order (the "Order ") by a governmental agency or court that the teens of this Agreement are in violation of any Law. Section 5. Effect of Termination Upon the expiration or termination of this Agreement, the parties hereto shall thereafter be automatically relieved and released from all further liabilities and obligations hereunder, except for liabilities and obligations contained herein which are expressly made to extend beyond the term of his Agreement, all of which shall survive the expiration or termination of this Agreement. INTERLOCAL AGREEMENT -PAGE 2 AUS:0053281/00000:46029I Q VOL / 4 ff Pg. 5A Section 6. Miscellaneous Section 6.1. Prior Written Agreements. This Agreement is without. regard to any and all prior written contracts or agreements between the parties hereto regarding any other subject matter and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between the Parties. Section 6.2. Other Services and Exclusion. Nothing in this Agreement shall be deemed to create by implication or otherwise, any duty or responsibility of any of the parties hereto to undertake or not to undertake any other service, or to provide or not to provide any service, except as specifically set forth in this Agreement or in a separate written instrument executed by the parties hereto. Section 6.3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to any of the parties hereto nor to create any legal rights or claim on behalf of any additional party. None of the parties hereto waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. Section 6.4. Amendments and Modifications. This Agreement may not be amended or modified except in a writing executed by the parties hereto and authorized by their respective governing bodies. Section 6.5. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. Section 6.6. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date first written above, when all parties hereto have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. Section 6.7. No Third Party Beneficiaries. The provisions of this Agreement are and will be for the benefit of the parties hereto only and are not for the benefit of ally third party. No third party shall have the right to enforce the provisions hereof. Section 6.8. Notice. All communications provided for herein shall be in writing and shall be deemed to have been given or made when served personally or when deposited in the United States mail. The following are the addresses for all purposes in connection herewith. INTERLOCAL AGREEMENT -PACE 3 AUS:0053281 /00000:460291 Q Vol. I Z/ r Pg. .5-3 Capital Area HFC: Capital Area Housing Finance Corporation 4101 Parkstone Heights Drive Suite 280 Austin, Texas 78746 Attention: James E. Shaw Governing Body: Brazos County 200 South Texas Avenue Suite 332 Bryan, Texas 77803 Attention kwb- The parties hereto shall have the right from time to time to change their respective addresses and each shall have the right to specify as its address any other address by giving to the other parties hereto written notice at least ten (10) days prior such change. Section 6.9. Governing Law. This Agreement and the rights and duties of the parties hereto shall be construed and determined in accordance with the laws of the State of Texas. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and any prior agreements, whether written or oral, with respect thereto are superseded hereby. Section 6.10. Headings. Section headings used in this Agreement are for convenience of reference only and are not a part of this Agreement for any other purpose. IN WITNESS W HEREOF, the parties hereto have executed this Agreement as of the Effective Date by their officers thereunto duly authorized. CAPITAL AREA HOUSING FINANCE CORPORATION By: ~ -- e l s E. Shaw � utive Director INTERLOCAL AGREEMENT - PAGE 4 AUS:0053281/00000:460291 v2 / Vol. � '� � Pg• � ,[� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 19, 2011 ITEM: Request from Verizon Communications to place a 1' conduit along—and within the right of way of Peach Creek Cut -Off Road beginning at its intersection with State hlwy 6 South proceeding east for a distance of 993 ft. to a point where a 75 ft. road bore will be placed: cable will be placed a minimum depth of 48 ", Site is located in Precinct 1. SOURCE OF FUNDS: N/A EXCEPTIONS/NOTES REOUIREMENTS: • 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 installations) 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 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 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 1, oto,/ I D W&-,k ��� Ga Arnold, &9 Commis s oner Lloyd Wassermann Director of Planning Precinct 1 CC2011 -050 This Request is p r ved 7, or Denied[], by Commissioners' Court Dat Duane Peters, County Judge Vn1 _ r verr an Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 JULY 12,2011 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr, ARNOLD: Subject: AGRMNTS 24 BURIED CABLE & CONDUIT. Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416- 3FOAOCH which is scheduled for August 8,2011. If you have any questions concerning this work, please contact GARY RECEK at our office in Bryan, telephone 979 -821 -4783 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 JS:ec Attachment Vol / Sla VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Line Installation July 12, 2011 Formal notice is hereby given that GTE SOUTHWEST INC, d /b /a VERIZON SOUTHWEST will construct a communication line within the right -of -way of a County Road in Brazos County, Texas as follows: Verizon Communications will place a 1 -1/2" conduit along and within the ROW of Peach Creek Cut -Off beginning at the NW corner where it meets the ROW of Sate HY 6 S proceeding E 993 feet to a point across from a cellular tower at 500 Peach Creek Cut -Off. A bore will be made under the road to meet a conduit placed by the cellular company. Conduit in this route will be placed at a min depth of 48" and will contain one 24 -sm fiber optic cable. The location and description of this line and associated appurtenances is more fully shown by four (4) 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 Aug 8, 2011.. VERIZON COMMUNICATIONS 5416- 3FOAOCH 6 �. C 'c t Brenda Vajdak Supervisor- Network Engineer 301 Industrial Blvd. Bryan, TX 77803 1 I r i m i I m 1 N s ! . �z r w u ui o �� N LL 3 Q W i ki W g i g 3<b 1S 4 �4 M Z 1 W i er � W a F ZZ u w H a ,•r•r "r � �dJ ti tp 1 N h i � u 4 i pN yy i 6 Y � � t a z 1 � Qx N � U g� t ; i 4'� 09 • !► v 1S tv gp ds ! 1 x a J a k k N N'��M � Ln J X• W � � w LL i ; � = 1 t J l 1 F cr i ; Ill O � � • i l i 8 r dM Vol. 14 Y Pg. ,5 rT 1 x a J a � Ln X• i l 1 F cr Ill O � � • l N W ? ^ j uj 1 11 M 1 � y 11 11 ... � 11 1 � l I ll ^ Y co 0 1 1 � 1� a l a S 1 1 11 1 i 1 l N I ll �p ll I lt W L g z Z z 11 LW CL F- Z 00 Z 1� F. 1 •--• J C7 1 Z Z o V (19 m a z Ln ao� fV Z W M O LL �• W >- ^" LL W a W z is - L z Vol. 14 Y Pg. ,5 rT ���NNP^ Mb� � n 'MR iP') N � p � . ®®� m � RR (�CyyN(C N �y� 17 � 1 � 1 (��h dNn�m mNm�P �YIIf1 i�mY^ N.pO m R =f4NCb��NfO ILPNw NtO{ QN b �����a�l d ( • i lO m{O l�lnrlP {0 �11O t0 �� • SmQuuu"wQ VuUuu(j laUUU Uf./V L1XUu x�UUUUUUUUU4UUfJVV mmNm If mNN ryN fAt f b� nN r P m NfD CO mCVP mfD�fmml'ImmsDm �P+G «t �aND.vY�mu����N1Dm��N1�t0 n ��= n fbmf%fm n C lC1 `m![ LL7 1 c ��pmmmf�r lntO' ✓n�m i m1 ri nN.ANN. �.,'N N.�^S�Of��GIf Ifl tO n�O f0 �1 �fO 1f�t�O t0 �f01f1 Zn Q UyU yUVUyUUUVVUUyUyyyyh Nc UXyyYfVUyUyyuU VUUUUyU Z a a Y W W cr N U U ff1 M W s- � ^2C SiA SS • U.; W 9 n=W i 4 N �^ V d "$ a J (n 1 i W J �p *a R =}f� f'f F Q ExzOdi9911 J 1 1 S 1A Ys • 33 1 N V O Z W W a ti 1- Q Q N U) O Z Uj 0 Y ma 3 � cr o tvo ILL Z • Cc u > a w • J o '?' a 3 J Ir c 3 3 A u it 0.. c o o 0: O �0: W Z 3 cu 0. IN STA 57 • 93 i i i 1 i i t to P ry ^ 4 C I f 4 =6 J N, 3 z o Kim _g � O U a Bp• �, ^ o N I — f..— U W Id b WQ i m Wu tD N t U n u S ' Q N �' mQ R V Q oi l. u CL P 4 y NU Y fgQ m m ryPm N f"fD � A < n H`im PlO mm�cO rl tO C fV �Nyy tfO ^UCfyy�j���ip M ., ��ON�f� S N B8 r C�NtO N�mry�ry'DD xf�jWM�...N P QyX6 XU � rncl u I Iw 1 L, I� I i i I W W O Q cr O O 6 a dM 33 n uj r 3w 6 Z UJ a y ir r Q X i ,� N a •r N P ~ a � N } > O / 1-4 LL 3 W 4 C3 (3- c a L 2O Z Z CL O Z W U 3 Z ? 3 LU Lo D co Z Q L O Q Z N U) O W • Z U "J W O CL = W • U �• LL W W O cal: J , LL O LL N O co I a w cr a w 0 z d� C14 0 e a Vol . / Pg. E C? E BRALOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Brid1ze NUMBER 56001000 DATE OF COURT MEETING: July l9, 2011 ITEM: Request for permission to enter Bardomiano Hernandez's property located in Lake Ridge Estates for the purpose of removing beavers creating inlet obstruction of water to a county maintained lake facility (Brazos CountWater Control and Improvement District No. 1, Big Creek and Brazos - Robertson Soil and Water Conservation District). At the County's request, elimination of obstruction - causing vests from a floodwater retarding structure is for the health, safety and welfare of the general publi Site is located in Precinct 1. PRESENTATION No additional maintenance will be required at this time. SUBMITTED BY: APPROVED BY: g, 4�v Gary (Arnold, CFM Director of Planning CC2011 -048 This Reques is A oved / (or) Denied Date: Duane Peters, County Judge Commissi ner Lloyd Wassermann Precinct 1 by Commissioners' Court Vol. 1 u BRAZOS COUNTY, TEXAS PRIVATE PROPERTY ACCESS PERMISSION FORM Duane Peters Brazos County Judge Lloyd Wasserman Brazos County Road and Bridge Dept. Commissioner Pct 1 2617 Hwy 21 West Bryan, Texas 77803 Sammy Catalena Office # 979 - 822 -2127 Commissioner Pct 2 Fax # 979- 775 -0453 Kenny Mallard Commissioner Pct 3 Irma Cauley Commissioner Pct 4 DATE: June 6, 2011 1. LAND OWNER AND ADDRESS: Bardomiano Hernandez 648 Marrow Road, Georgia 30297 -3239. II. LOCATION OF WORK: Lake /dam located in Lake Ridge Estates, Lots 34 & 35, IT DESCRIPTION OF WORK TO BE DONE: Request permission to enter your property for the purpose of removing beavers creating inlet obstruction of water to a county maintained lake facility (Brazos County Water Control and Improvement District No" 1, Big Creek and Brazos - Robertson Soil and Water Conservation District). At the County's request, elimination of obstruction causing pests from a floodwater retarding structure is for the health, safety and welfare of the general public. IV. MAINTENANCE YES _ NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: -�11, Ll'o f) Ri hard F. Vance, P.E. Engineer Aide/Foreman /Right of Way Agent County Engineer Owner's Signature: Date: 6 7 10o; Vol. 10 pg. 4? 0 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 19, 2011 ITEM: Consider and take action on the Replat of Falls Creek Ranch Subdivision Recorded in Volume 5513 Page 298 (Brazos County Official Records) 56.43 Acres Moses Baine League, A -3. Brazos County, Texas. The purpose of this replat is for dedication of a 10 ft. City of Bryan Water Easement. Site is located in Precinct 4. SOURCE OF FUNDS: NIA NOTES /EXCEPTIONS: SUBMITTED Ga Arnold, CFM Director of Planning CC2011 -049 This Request' p 7 , oved y (or) Denied by Commissioners' Court Date E. Duane Peters, County Judge i Vol. 1 qJ pg. 6 APPROVED BY: Application for Bevelo 1nerlt � Office Use Only. j Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2517 Hwy 21 West, Bryan, Texas 77803 (979) 822 -2127 Master Plan Final Plat Re -Plat If Amending Plat Property Description Road Location: Mumfcrd Road Legal Description: F_jals Creek Ranch Subdivision Subdivision Description —~ Subdivision Name: Falls Creek Ranch Subdivision Total number of lots: 39 Total Acreage: 56.43 Property Owner Owner name(s): See Plat Current mailing address: -- Phone number(s): Applicant or Authorized Agent, Engineer or Surveyor Name and Address: Brazos valley Affordable Housing (Paul Tumey) Phone number(s): 9z9•596 Name and Address: McClure d Browne Engineering (Jeff Robertson) Phone number(s): 679- 693Ja3a Application is for Residential (1) Mobile Home Park O Commercial ( ) Other ( ) [s any of the property located in a Floodplain or Flood hazard area? No (yes/no) Acknowledgrnent: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed developments are considered reasonable and accurate for rogutatory purposes and are based on the best available scicntific and enginecring data. On rare occas ions greater floods can and will occur and flood heights may be increased by man-made or natural causes_ Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention ordinance does not imply that development outside the areas of special flood hazard will be fret from flooding or flood damage, lssuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. Is part or all of the property within an ET1 of a City? Y (yeslno) Will any construction occur in TxDOT right -0f - -ways? _ 90 (yes /no) Application Check List; Copies of finished plat with corrections (if any): ❑ 9 copies to Brazos County ❑ One (1) copy to Brazos County Health Dept. ❑ One (1) copy to Brazos County 911 ❑ One (1) copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health Dept. — For onsite sewage evaluation. ❑ Letter from Brazos County 911 — For road names. ❑ Letter from Water District or Company. — Stating water availability, etc.. ifproperty is within an ET1 of a city: ❑ Approval notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this application is not nis or dated until all documents listed above are filed at the Brazos County Eng' c g OMce n pplicable blanks are filled in the application ab ve. App s ignatur D to County Witness Date Vol. __ Pg. �i a \ it -♦�_�_ . V I! 1 14 I' 1 11 1 - I 11 II hill' \ Il Il,r ! I, dlr ;f I I Ilpn I I n t ILI I 1 I 1 1 \ \ / \ V 1 \ I 6 \ \ I I I I I I, I� I I I _J QABOH��A6��1 Ql1Q��Ot30k10��9� 000riGGO 0 X1®1. / V Ja pg. 3 l ��E, f \ I - .3� r I 'll + I� ; r. / ♦ r� \� � ,�`�'� I _ it 'II�'e � � 3��'�: �'1/ 1 ` 1 I ` � � V � �/'. � •.J �i .4 � 'I tee'' i� i _ t \ V 1 \ I 6 \ \ I I I I I I, I� I I I _J QABOH��A6��1 Ql1Q��Ot30k10��9� 000riGGO 0 X1®1. / V Ja pg. 3 I F ) , -- I t €;; ' [a t -7t 'I' i J ' i "�� [[[ h `e li ;il . � to i]MlE916:;:;; ° : » At i Y ai $i��.3.E tit;t f it it Eo9Dx!![ii?l9iE t ij�l� 1 • j i 7 ��! 1 •ts '� � E�� =� f - ;� � (3E9: ERll:ln�$.1D1;!'J99 t ;le ' J I7 � s Eaa a �3� tig IJ11lla �6� lDaa J� ti ll •$ 1.1 I} t Vol. / y C? Pg & Ll 4 t a 4 l +�i � �' •� 31 i' y+ j � yr i�i. Q $ i tJ�t 'ai IN Ji l$�$ j;t f6� .F�3� Ea hJp3.ltt , f I i2f � fi 11 1� `i�ia,al 1[3: 3 9 i f I sill 11 tWill li7l��l7�fD�lEa�` Vol. / y C? Pg & Ll BRAZOS COUNTY, T EXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10 /11 40.1-40.4 On this the 19th day of July 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Inna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 19th day of July 2011 the Court heard and approved a budget amendment for the 2010 -2011 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 l 9th day of July 2011. 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 14 - ? Pg. 6 -5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 40.1 7119/2011 FUND DIV ACCT IPROJ IDRJCRI ACCOUNT NAME 0100 11001500 61130000 CR Contingency -Ge Fund 0100 11020000 1 71040000 DR I Contract Placement Increase Decrease 200,000.00 200,000.00 I ContinEenev & Court Sunuort - Civil I I I I Contract placement to finish out FY 11. 2of2 g. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 40.2 711912011 FUND DIV ACCT PROJ DRICR ACCOUNT N AME Increase Decrease 3000 183100 60600000 CR Office Supplies 4 87.5 0 3000 183100 61120000 CR Confidential Funds —T _ 600.00 3000 183100 61680000 CR Training 588.00 3000 183100 61801000 CR Travel _ _ 11,70_0.2_2 1,500.38 3000 183100 61807000 CR T ravel- Reimbursable 3000 183100 65320000 CR E ui meat- Maintenance 3000 183100 67281000 CR Equipment - Electronic _ 560.00 300.00 3000 183100 51640000 DR Hour] - Overtime 6,240.00 3000 183100 53100000 DR _ _ Social Security 2,630 -00 3000 183100 5310I000 DR _ _ Flex Bene .fit Amd Fee 72.00 3000 183100 53200000 DR Retirement _ 3,950 -00 3000 183100 53300000 DR Em to ee Health Insurance 2,020.00 3000 183100 53320000 DR Em to ee Dental Insurance 46.00 3000 183100 53800000 DR Worker's Compensation 778.10 CUDEP Reallocation of funds to cover for remainder of FY 11. 4 Prepared .8 nnm`. @ate 1120 1 1 of 1 Vol. / � pg. 4 7 p4,, men A pproval Date " '` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 40.3 Wl ami i FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase 1 Decrease 0100 23000200 61110000 CR Conference & Seminar Fees 399.89 0100 23000200 51641000 DR V isiting Judg 370 0100 23000200 53100000 DR Social Securi 25,00 0100 23000200 53800000 DR Worker's Compensation 1.00 CL, 91. Reallocation of funds to cover for two visiting jud es. I of 2 b (r Vol. 09 pg• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 40.4 FUND DIV ACCT PROD DR/CR_ ACCOU _N__T NAME Increase Decrease 0100 19000100 59100000 CR _ DDEA 1,495.37 0100 19000100 65150000 DR Compute N4aintenance 1,000.00 0100 19000100 6720300 DR Minor Computer Ha rdware 49537 District Rea llocation of funds for software - program design for transmission of documents to Defense and Police Agencies. Prepared nntn Date 1 of Vol. d-� pg• '0441trfient: pprov5V.. Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 19, 2911 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Reques Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Guitron, Carlos Resignation County Judge Bond, Gayle Resignation Juvenile Billinghurst, Andrew Brooks, Willis Transfer wlin Dept. Promotion Promotion New Hire New Hire Goosby, Johnnie Rodriguez, Francisco Smith, Sherry SO -- Admin Montoya, Patrick Transfer to Another Dept. SO — Jail Elmore, Austin New Hire Frasier, Bruce McGowen, Adrian Resignation Resignation Approved in Commissioners' Court: July 19.2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL 0 9, pg. � O