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HomeMy WebLinkAbout2011-08-09-4:00PM-REGULAR?U BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 9, 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 Wassermann 2. Call for Citizen input and/or concerns. Consider and take action on agenda Items 3 -19: 3. Aocointment of Lucretia LsSha Rogers as a non pald Reserve Deputy for Constable Precinct 4 office 4. Reagent from the Ex Center for an Increase of =0.00 in the chanas fund uaed by staff for ranting RV spaces horse stalls and selling shavings 5, Child Welfare Board Financial Policy and related procedures 6. Resalutlon 11 -014 spRrovina oarticlMlon In the Brazos Valimmshlnaton County HpME Consortium and authorizina the executioD of the Interlocal Cooperation Agreement 7. Amendment to the Lexis Nexis Agreement for the Detentlon Center r � 1 :. , 9. Contract with 4M Grenbury Youth Services INS dba granbruy Regional Juvenile Justlotf Center for Resideallal Services, 1 Payment Authorization to Sungard P Sector in the omoUnt of $22 00 A Purchas 0rger Was not obtained before slanina the contract and License fees are regpired at 90ntract signing 11. 13ecrstest from Jail Administration to appro a Payment Authorization In th,k mmnt int of to '7, ,1 Vol. i Pg. 19 BRAZOS COUNTY 12. 13. Ml 15. Tax Refund Applications for the following: • a. Ocwen Loan Servicing LLC- overpayment4l648.44 • b. Aaafeland Tire & Road Servke- overpayment- 5171.28 • c. James Fridel- overoavment4;35.13 • d. Delia & M Dale Williams - overpayment - 566.10 • e. Litton Loan Servicing LP- overpayment- 53649.16 • f. American Home Mortanae Inc- overoavment- 326.19 16. Commissioners Court minutes for the following dates: • a. July S. 2011 Regular Meeting • b. July 12, 2011 Regular Meeting • c. July 13.2011 Workshop Session • d. July 19, 2011 Reaular Meetina • e. July 21, 2011 Workshop Session • f. July 26, 2011 Public Hearing (aD 3:30 pm • a. July 26, 2011 Public Hearina @ 3:45 pm • h. July 26.2011 Reaular Meetina • 1. July 27.2011 Special Meeting • I. July 26, 2011 SRmlal Meetina • k. Julv 6. 2011 thru Auaust 5. 2011 Sudoet Workshop Sessions 17. Budget Amendments. Budget Amendments FY 10/11 43.1 - 43.4 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Acknowledgment of the Brazos County Purchasing Department Update for the week of July 28 - August 4.2011. 21. Sheriff's report on inmate population. 22. Announcement of interest items and possible future agenda topics. 23. Call for Citizen input and/or concerns. 24. Agency/ Board/ Committee reports by Court members. 25. Adjourn. Vol. 14 9 pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to lour 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 andlof 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 speakers 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 corred 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 105, 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) 381 -4102. 11-to Vol. Pg.- BRYANJEXAS MINUTES August 9, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, August 9, 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, Absent; 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 Wassermann 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 19: 3. Appointment of Lucretia LaSha Rogers as a non -paid Reserve Deputy for Constable, Precinct 4 office. Item 3.pdf Vol. i L- g Pg• Rq, �-- BRAZOS COUNTY Approved on the condition that it does not exceed the alloted number of deputies. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. 4. Request from the Expo Center for an increase of $200.00 in the change fund used by staff for renting RV spaces, horse stalls and selling shavings. lb Item 4.ipdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 5. Child Welfare Board Financial Policy and related procedures. 21 Item 5.odf A copy of the policy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard. 6. Resolution 11 -014 approving participation in the Brazos Valley/Washington County HOME Consortium and authorizing the execution of the Interlocal Cooperation Agreement. Item 6.edf Paul Turney with the Brazos Valley Council of Governments was present to answer any question from the members of the Court. A copy of the Resolution and the Agreement are attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 7 Amendment to the Lexis Nexis Agreement for the Detention Center. Item 7.pdf This amendment modifies the term of the agreement previously approved on July 17th. It aligns the term of the agreement with the fiscal year to allow purchase orders to be issued for 12 month intervals. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard. Contract with 4M Granbury Youth Services, Center for Detention Services. Item 8.Ddf INC dba Granbury Regional Juvenile Justice Cost to Brazos County is as follows: $95 per day per child $295 for initial psychiatric evalution per child with $100 follow -up exams A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. 1 4 9 pg Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. 9. Contract with 4M Granbury Youth Services, INC dba Granbruy Regional Juvenile Justice Center for Residential Services. Item 9.odf Cost to Brazos County is as follows: $95 per day per child $295 for initial psychiatric evalution per child with $100 follow -up exams A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann. Members Absent: Mallard. 10. Payment Authorization to Sungard Public Sector in the amount of $22,990.00. A Purchase Order was not obtained before signing the contract and License fees are required at contract signing. LD Item 10.odf Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 11. Request from Jail Administration to approve a Payment Authorization in the amount of $671.11 to Texas Prisoner Transport Division LLC for the extridition of two inmates to Brazos County. A Purchase Order was not obtained in advance. Item 11.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters, Wassermann . Members Absent: Mallard . 12. Request from District Attorney's office to approve a Payment Authorization in the amount of $258.00 to Tarrant County Medical Examiners Office for the DNA testing of evidence. A Purchase Order was not obtained in advance. Item 12.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard. 13. Permission to enter property for the purpose of clearing / cleaning trees and brush from drainage channel. This project will also re -shape channel and place rip -rap material for erosion control. This work is being done for the health, safety and welfare of the general public. Site is located in Precinct 2. Item 13.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 14. Consider and take action on acceptance of Shadow Creek Ranch Subdivision Phase l and Phase II into the Brazos County road maintenance system; the roads (Shadow Creek Trail and Silverado Trail) and drainage structures are in compliance with the o7 VOI. I q 9 Pg �T Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. t,;'l Item 14.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, , Peters , Wassermann . Members Absent: Mallard . 15. Tax Refund Applications for the following: Item 15.pdf • a. Ocwen Loan Servicing LLC- overpayment - $1648.44 • b. Aggieland Tire & Road Service- overpayment - $171.28 • c. James Fridel- overpayment - $35.13 • d. Delia & M Dale Williams- overpayment - $66.10 • e. Litton Loan Servicing LP- overpayment - $3649.16 • f. American Home Mortgage Inc - overpayment- 326.19 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, , Peters , Wassermann . Members Absent: Mallard. 16. Commissioners Court minutes for the following dates: Item 16.pdf • a. July 5, 2011 Regular Meeting • b. July 12, 2011 Regular Meeting . c. July 13, 2011 Workshop Session • d. July 19, 2011 Regular Meeting • e. July 21, 2011 Workshop Session . f. July 26, 2011 Public Hearing @ 3:30 pm . g. July 26, 2011 Public Hearing @ 3:45 pm . h. July 26, 2011 Regular Meeting i. July 27, 2011 Special Meeting • j. July 28, 2011 Special Meeting . k. July 6, 2011 thru August 5, 2011 Budget Workshop Sessions Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, , Peters , Wassermann . Members Absent: Mallard . 17. Budget Amendments. Budget Amendments FY 10/11 43.1 - 43.4 Item 17.pdf 43.1 Reallocate funds for Juvenile Services 43.2 Reallocate funds for Sheriff Administration 43.3 Reallocate funds for Justice of the Peace, Precinct 2, Place 1 43.4 Reallocate funds for Tax Assessor Collector Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena, Cauley, , Peters , Wassermann . Members Absent: Mallard . 18. Personnel Change of Status. Personnel Action Forms Item 18.pdf A copy of the Personnel Change of Status Request is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard . 19. Payment of Claims. 7089223 through 7089458 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard. Claims Sheet 8 -9.odf BILL LIST 8.9.11.ndf 20. Acknowledgment of the Brazos County Purchasing Department Update for the week of July 28 - August 4, 2011. Item 20.odf The Court acknowledged receipt of the Purchasing Department updates submitted by Charles Wendt, Purchasing Agent. 21. Sheriff's report on inmate population. Sheriff Chris Kirk announced that it was Chief Deputy Mike Wilson's birthday. He then said there were 638 inmates in jail, 54 were awating electronic monitors and 47 were pending for monitors. He also announced that the restrictions were just lifted on the chicken pox outbreak in the jail. 22. Announcement of interest items and possible future agenda topics. There were no announcements. 23. Call for Citizen input and /or concerns. There was no citizen's input. 24. Agency/ Board/ Committee reports by Court members. There were no agency, board or committee reports. 25. Adjourn. Vol. The foregoing minutes of the Commissioners Court meeting held August 9, 2011 have been examined and are approved in open Court this the C CCf day of ,2011, in Ij Bryan, Brazos County, Texas. � Duane Peters County Judge Lloyd Wassermann Commissioner, Precinct 1 S � Sammy Catal na Commissioner, Precinct 2 I rul ky__-- Commissioner, Pre 4 Attest: Karen McQueen County Clerk Kenny Malla Commissioner, Precinct 3 Vol l L Page a g-7 BRAZOS COUNTY COMMISSIONERS COURT ff @ Meeting on /j 20 4,0 1 Am- Vol.- i t 49 �-� 'e, `'/ WA - n ROW I� NJ A AN i J a AN Vol.- i t 49 �-� 'e, `'/ BRAZOS COUNTY, TEXAS CWB POLICY AND PROCEDURES CHILD WELFARE BOARD FINANCIAL POLICY AND RELATED PROCEDURES BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY IS TO ESTABLISH AND STANDARDIZE ACCOUNTING POLICY FOR THE CHILD WELFARE BOARD. THE EFFECTIVE DATE OF THIS POLICY IS OCTOBER i ' 2011. Chapters 264 of the Texas Family Code set the requirements for Child Welfare Services. Section 264.005 (a) states "the commissioner's court of a county may appoint a child welfare board for a county." Chapter 264.005 (d) further addresses "providing coordinated state and local public welfare services to children and their families and for the coordinated use of federal, state, and local funds for these services." As such, it is suggested that by both legal and accounting standards the Child Welfare Board is not a separate unit/entity but a function of Brazos County and should follow and comply with policies set forth by the Commissioner's Court and the County Auditor. A. GENERAL FUNDS The Commissioner's Court of a County may appropriate funds "from its general fund or any other fund for the administration of its child welfare board" according to Section 264.006 of the Family Code. Brazos County has generally allocated $40,000 or less each fiscal year. These funds will be spent in accordance with this policy and all other Brazos County policies and will be used to educate, inform, and provide goods/services to the children of Brazos County under /within child protective services care. B. TITLE IV -E FUNDS Periodically expenditures will be made by the Child Welfare Board for the benefit of a child that qualifies under Title IV -E of the Social Security Act. These expenditures will be clearly marked and a claim will be prepared by the Auditor's office to the appropriate State agency. Upon reimbursement by the State the funds may only be used for future Title IV -E children qualifying expenditures. The County has set a Reserve Fund Balance account for Title IV -E Foster Care which fluctuates from year to year. The reimbursements received from the State are credited to this account and the qualifying expenditures are debited to the account. The Reserve Fund Balance account is available for budgeting each fiscal year as long as there is a positive balance in the account. The amount available from this account will be reviewed each year during the revenue budget process of the County Auditor. The funds are subject to all Brazos County expenditure policies. These funds will be used to educate, inform, and provide goods /services to the children of Brazos County under /within child protective services care. C. DONATION OF JUROR REIMBURSMENTS Section 61.003 of the Government Code allows for "each person who reports for jury service" the option to donate "a specific amount... of the person's daily reimbursement" to the "child welfare, Child Welfare Board Policy.doc 1 � 8/1/2011 Vol. Pg. BRAZOS COUNTY, TEXAS CWB POLICY AND PROCEDURES child protective services, or child services board of the county." Should this option be selected, the "county treasurer shall deposit donations made to the county child welfare board in a fund established by the county to be used by the child welfare board in a manner authorized by commissioners court of the county" under section 61.003(c)(2). The donations received will be accounted for as Donations — Juror (acct. 46022100) in the General Fund of the County. In the event the County expends less for the Child Welfare Board in one year than the donations received a Reserved Fund Balance will be created and credited with any unspent funds. D. PAYMENTS The child welfare board will follow the current purchasing policy approved by the commissioner's court. Payments will be submitted by purchase order or Board Request Forms (payment authorizations). All payments will be approved by the child welfare board prior to submission to the County for payment. All payments will follow the standard payment procedures with regards to review and timing of checks. E. CWB ALLOWABLE EXPENDITURES The child welfare board works on behalf of families within Brazos County to assist with payment of expenses for children/families under /within child protective services care. The following expenditures are considered to have a public purpose and are allowable for the Child Welfare Board only. 1. Funds allocated for the various health related service expenses incurred, such as, but not limited to, abuse examinations during investigations, drug screening for parents of children in the care of or involved in investigations, medications, meeting visual needs, psychological services, dental services, or any other medical type service 2. Money requested from the County for clothing is the only outside assistance available for some children in foster or kinship care. The Board relies on the foster parents or residential facilities to meet the remainder of the clothing needs. Clothing allowances are granted three times per year (winter, spring, back -to- school) when funds are available. The amount ($75- $200 per child) allotted is set based on the age of the child. Original receipts must be submitted by the parent/guardian to the CPS office. They are then submitted to the Auditor's office for review and process of payment. "Note: Clothing allowance does not include hair accessories, jewelry, or toiletries. 3. Budgeted funds may be used for the purchase of holiday/birthday gifts for children of Brazos County under /within child protective services care. These purchases are made after all donated resources are exhausted. 4. The expenses for caregiver support may included items such as demonstrations of appreciation, paying for annual fire inspections, assistance with mandatory fingerprinting, assisting with community awareness. Travel expenses may include trolley tickets, bus tickets, medical transportation (not covered by any other means), school bus fees, escort services for young children and costs of transporting foster children's belongings by bus if needed. Child Welfare Board Policy.doc 2 30 8/1/2011 Vol. I q g pg. BRAZOS COUNTY, TEXAS CWB POLICY AND PROCEDURES 6. Training expenses are incurred on behalf of educating clients through literature or parenting classes as to how to provide a safe, stable, and nurturing environment. Conference and seminar fees are available to assist in the training of staff of child protective services. 7. Special needs is for any unspecified expenses such as public education fees, special evaluations, serving citations by personal service, or any legal transcription services not available by other funding. It also includes costs associated with birth or death certificates and polygraphs for social work purposes. 8. Various teen services requests are reviewed and determined on a need basis. The board examines each request and determines the actual need for these items keeping in mind that these teens should have the opportunity to participate in the same activities deemed critical by their peers. The board does take into consideration the individual teen's situation to determine whether they could assist with part of the payment by working or other means. 9. The Rainbow Room is a resource room for the caseworkers to provide families assistance to meet the needs and ensure the safety of the children and that their basic needs are being met. These costs vary from baby beds, car seats, cleaning supplies, personal items, etc. 10. Funds allocated for the purchase of food for training, families at the holidays, staff recognition, and emergency situations for children in the care of child protective services. Charges incurred as a "shared maintenance fee" for items being distributed to agencies by the Brazos Food Bank which may include cleaning supplies, diapers, and food and personal items in the Rainbow Room. 11. Advertising expenses incurred in support of Child Abuse Prevention Month, foster care parent training, national adoption month, and any other instances to promote the services of child protective services. (ie: banners, newspaper ads, fliers, etc.) These are the account numbers and descriptions generated specifically for the Child Welfare Board's exclusive use. F. DEPARTMENT SPECIFIC EXPENDITURE ACCOUNT DEFINITIONS 61320001- FOSTER CARE — ABUSE EXAMS This account should be used to account for all costs associated with contractual relationships for abuse and neglect exams during investigations that have been entered into on behalf of persons under /within child protective services care. 2. 61320002- FOSTER CARE — OTHER MED This account should be used for all costs associated with medical expenses not covered by Medicaid or private insurance for persons under /within child protective services care. Items may include medications, visual needs, psychological services, dental services or any other medical type service. 3. 61320003- FOSTER CARE —GIFTS Child Welfare Board Policy.doc I 3 811/2011 Vol. Its Pg. BRAZOS COUNTY, TEXAS CWB POLICY AND PROCEDURES This account should be used for all holiday/birthday gifts purchased for persons under /within child protective services. 4. 61320004 - FOSTER CARE — CAREGIVER SUPPORT This account is to be used for all costs associated with the support of caregivers for all persons placed in an alternative home under /within child protective services care. 5. 61320005 - FOSTER CARE — SPECIAL NEEDS This account should be used for all costs associated with various needs, especially those incurred while preparing a home or adults to provide a safe living environment for a person to be put in their care. Costs may include, but are not limited to inspections, first aid, fire preventative supplies, etc. 6. 61320006- FOSTER CARE — SUMMER CAMP This account should be used for the costs associated with the attendance of summer camps by persons placed in homes under the supervision of child protective services. 7. 61320007- FOSTER CARE — TEEN SERVICES This account should be used for all costs associated with regular teen expenses to assist them in their quest towards independence such as, but not limited to, driver's education, graduation expenses, etc. S. 61320008- FOSTER CARE — EMERGENCY DAYCARE This account should be used for all costs associated with the contractual obligation of a temporary daycare placement of a person under /within child protective services care. 9. 61320009- FOSTER CARE — RAINBOW ROOM This account should be used for all costs associated with the restocking of the rainbow room, which is a resource room for caseworkers. Stocking of the rainbow room includes but is not limited to baby beds, cleaning supplies, diapers, bottles, personal items, etc. APPROVED Duane Peters to County Judge Child Welfare Board Poiicy.doc 4 a 2 d-,. $/112x11 Vol. � � � pg. RESOLUTION OF THE COUNTY /� ff OF C&4 S , TEXAS APPROVING PARTICIPATION IN THE Brazos Valley/Washington County HOME Consortium AND AUTHORIZING THE EXECUTION OF THE INTER -LOCAL COOPERATION AGREEMENT WHEREAS, The National Affordable Housing Act of 1990, as amended, created the HOME Investment Partnership Program; and WHEREAS, the Act provides that units of general local governments that are geographically contiguous may form a consortium for the purpose of qualifying for a HOME formula grant allocation; and WHEREAS, the Countyle*y of ,razor , Texas, desires to enter into a legally binding Cooperation Agreement with other eligible contiguous local governments in the Brazos Valley Council of Governments jurisdiction and surrounding region; and WHEREAS, Washington County has agreed to serve as Lead Entity and contract with the Brazos Valley Council of Governments (BVCOG) to serve as Program Administrator to serve the multi county region of the Consortium. 4 9OW, THEREFORE, BE IT RESOLVED that the Commissioners CourtlGity-�exmc7l of 6 'Z•0 S , Texas approves the participation of the Countyl4w� of S Texas, in the Washington County HOME Consortium; and BE IT FURTHER RESOLVED that the Commissioners Court19ky Fv w-d of * B - r so S , Texas authorizes the County Judge/Mayor to execute the HOME Consortium Inter -Local Cooperation Agreement as presented with automatic renewal provisions for successive qualification periods. ( ADOPTED this J day of � WQS — C , 2011. County Judge/ Countyl v of 4ZO s , Texas ATTES (l`l e) eA MC &uee n (Title) n „ u^iM 0 Vol. I V Pg. 0, 33 Washington County HOME Consortium a.k.a Brazos Valley HOME Consortium a.k.a. Greater East Texas HOME Consortium Inter -Local Cooperation Agreement WHEREAS, the National Affordable Housing Act of 1990, as amended, authorized the HOME Investment Partnership Program; and WHEREAS, the HOME Investment Partnership Program authorizes the U. S. Department of Housing and Urban Development to allocate funds by formula among eligible states and local governments to provide affordable housing; and WHEREAS, the National Affordable Housing Act of 1990, as amended, provides that units of local governments that are geographically contiguous may form a consortium for the purpose of receiving a funding allocation as a participating jurisdiction in the HOME Investment Partnership Program; and uTHEREAS, the authority granted through the Interiocal Cooperation Act, Texas Government Code, Chapter 791 permits local units of government to contract with other localities to perform any service or activity for which they are authorized to perform by law and to cooperate with other localities on a basis of mutual advantage; NOW, THEREFORE, the parties identified below mutually agree as follows: 1. To continue participating as a member of the HOME Consortium established in 2002 for the purpose of qualifying as a participating jurisdiction for receipt of federal funds through the HOME Investment Partnership Program. 2. The parties agree to cooperate to undertake or to assist in undertaking affordable housing activities for the HOME Program. 3. Washington County shall continue in the role of Lead Entity and shall contract with the Brazos Valley Council of Governments (BVCOG) to serve as Program Administrator and act in a representative capacity for all member units of general local government and both entities shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal rules, regulations and requirements of the HOME Program, including requirements concerning a Consolidated Plan. 4. The parties agree to affirmatively further fair housing. 5. The parties agree that the term of this agreement shall be that period of time necessary to do and perform all activities that will be funded from HOME funds awarded 1tA P a 3 Vol. g for the period of three Federal fiscal years commencing with the Federal Fiscal Year beginning October 1, 2012 and all parties are prohibited from withdrawing from the Cooperation Agreement during said period and until HOME funds from each of the Federal fiscal years of the agreement's specified qualification period, and each successive qualification period for which the agreement is renewed, are expended on eligible activities. 6. The members of the Consortium will not be required to provide matching funds for the proposed programs unless approved by the jurisdiction's authorizing public body. However, each participating unit of government agrees to assist the Consortium in identifying eligible matching funds when available. 7. The Consortium and participating members' program year are the same for CDBG, HOME, ESG, and HOPWA Programs. 8. This agreement shall automatically be renewed for the Consortium's participation in successive qualification periods of three Federal fiscal years each. No later than the date specified by HUD's consortia designation notice or HOME Consortia web page, the Program Administrator or Lead Entity shall notify each Consortium Member in writing of its right to decide not to participate in the Consortium for the next qualification period and the Lead Entity shall send a copy of each notification to the HUD Field Office. If a Consortium Member decides not to participate in the Consortium for the next qualification period, the Consortium Member shall notify the Lead Entity and the Lead Entity shall notify the HUD Field Office, before the beginning of the new qualification period. Before the beginning of each new qualification period, the Lead Entity shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the Consortium's membership has changed, the state certification required under 24 C.F.R. § 92.101(a)(2)(i). The automatic renewal of the agreement will be void if. Program Administrator or the Lead Entity fails to notify a Consortium member or the HUD field office as required under this automatic renewal provision; anew Consortium member is added for the first year of a new qualification period; or the Lead Entity fails to submit a copy of each amendment to this agreement as required under this automatic renewal provision. 9. The Consortium will adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperative agreements set forth in a HUD issued Consortia Qualification Notice applicable for a subsequent three -year Consortia qualification period and the Program Administrator and Lead Entity are authorized to make other modifications as needed to aid in the efficient and affective administration of programs to be funded under this agreement. Notice of any such amendment will be provided in writing to each member government of the Consortium. 10. In the event new members wish to join the HOME Consortium during the initial' or subsequent three year qualification period, other than the first year of a three year 1 �W VO � qualification period, the County Judge of the Lead Entity or the Executive Director of the Brazos Valley Council of Governments may amend this inter local cooperation agreement to accommodate the new members and will provide notice in writing to all existing members of such changes. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. In witness whereof, the parties hereto have caused this Inter -Local Cooperation Agreement to be executed by their duly authorized officers. T I C - LO 're- (Printed name) (Date) County JudgeR%fay R O ZZ 5 County /Qt};, Texas ATTEST: (Name} t'4 MC O Ue (Title) Cou_ +� C4 efe K Lfs P g .- 3� Vol. 0 LexisNexist August 2, 2011 Judge Duane Peters Brazos County Sheriffs Office 1700 Highway 21 West Bryan, TX 77803 RE: LexisNexis Prison Solution Order between LexisNexis, a division of Reed Elsevier Inc. ("LN °) and Brazos County Jail ( "Customer") effective August 1, 2011 (the "Order") Dear Judge Duane Peters: The purpose of this letter is to amend the Order, Effective immediately: The Order Periods and Monthly Commitments will be amended as listed below, * Order Penod , Number Distributed Media. 'on Monthly De3cri Commitment 8/1/2011- 913012011 1 Replaceable Hard $480 Drive Solution 1011/2011 - 9130/2012 1 Replaceable Hard $450 Drive Solution 101112012- 9130/2013 1 Replaceable Hard $473 Drive Solution 101112013-9 /30/2014 1 Replaceable Hard $497 Drive Solution Except as expressly set forth in this letter amendment, all other terms and conditions of the Order shall remain in full force and effect. Please indicate your consent to these revisions with your signature below. If you have any questions or concems, please contact your LexisNexis Representative, Steve Rentfrow. Sincerely, Brian X Cummings Brian K. Cummings Pricing Analyst AGREED TO AND ACCEPTED BY: Brazos County By, Name: D'P/ Title: Bra Date: j ND USPM RrasosCounty- LtrAmdt -1 ID 4846-6109-0314 by MPK 2aug11 PF 2011.08 (Lents) 3 0 2D1 I LexisNexis, a division ofReod Elsevier Inc. Vol. I g pg. [ // CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF HOOD 4M GRANBURY YOUTH SERVICES, INC dba GRANBURY REGIONAL JUVENILE JUSTICE CENTER Detention Services September 1, 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 Granbury Youth Services, Inc., dba Granbury Regional Juvenile justice Center, a Texas for- profit corporation, licensed to provide child care services by the Texas juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I URPOSE 1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the Juvenile justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or acts) indicating a need for supervision, during pre -trial and pre- dispositional status or in the post- dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at 1300 Crossland, Granbury, Texas 76048. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567. ARTICLE II TERM 2.01 The berm of this agreement is for 12 months, commencing September 1, 2011 and ending August 31, 2012. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty -four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. VOL- 1 4 1 Pg. '2,3 Cranbury Repawl Juvenile Center Detention Savim Agrmnent September 1, 2011 _ August 31, 2012 B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ( "Outside Treatment") is required for a child placed in the Facility, the Administrator of the facility is authorized to secure the Outside Treatment at the expense of the Brazos County agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment The Administrator shall notify the appropriate Brazos County Juvenile Services officials of Outside Treatment within twenty -four (24) hours of its occurrence. C. Children from Brazos County who are alleged to have engaged in delinquent conduct, indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released with forty -eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re- admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. If a child is accepted by the Facility from Brazos County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Probation Department of Brazos County of this determination. The child shall immediately be removed from the Facility. It will be the responsibility of Brazos County to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre - adjudication care in the Pacility shall be removed from the Facility by the appropriate authorities from Brazos County, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the - initial detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of the new Order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that should a child in pre - adjudication care not be removed as described above in paragraph (G), by 12:00 o'clock noon of the tenth (10) working day of an initial detention period, fifteenth working day if it is not, and a new Order authorizing continued detention has not been received at the Facility, an employee of Service Provider shall deliver the child to the Juvenile Court of the placing 2 Vol. Pg. OF-, Granbury Regional Juvenile Center Detention Services Agmement September 1, 2011 — August 31, 2012 Brazos County for which there will be an additional charge of .54(fifty -four) cents per mile. I. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Brazos County pursuant to: (a) paragraph E of this Agreement, (b) an Order of Release signed by the Judge of the juvenile Court of the placing Brazos County. J. Service Provider shall be in compliance with all Standards and requirements of the Texas Juvenile Probation Commission and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for the client, including awake staff during sleeping hours in Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument ( MAYSI 2) as required by the Texas juvenile Probation Commission. Facility personnel administering the MAYSI -2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI 2 shall then be promptly provided to the Juvenile Probation Officer of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit the placing Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility, However, it is also understood that the juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above - mentioned services, juvenile Probation agrees to pay the Service Provider the sum of $95 per day for each child. The daily rate shall be paid to the Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation will be paid for by Juvenile Probation at the rate of 295 per exam. Follow -up evaluations will be paid by Juvenile Probation at the rate of nOO per exam. 4.03 Service Provider will submit an invoice for payment of services to the juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by juvenile Probation in order to monitor Service VOL I 4Y pg. ;� �D Granbury Regional .Juvenile Center Detention Services Agreement September 1, 2011— August 31, 2012 Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to juvenile Probation by March 1 following the end of the fiscal year. 2, If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.09 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS Sr AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in Secure Short -Term Detention, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officer's of Juvenile Probation may be denied if space limitations require as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order /Authorization from the juvenile Court of Brazos County. 4 Vol. 149 Pg. 02 41 Granbury Regional Juvenile Center Detention Senim AgeeeMM September I, 2011 — August 31, 2012 ARTICLE VI E&&M NATION OF PROGRAM & RECORDS 6,01 Service Provider agrees that it will permit juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of all services provided to juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law, ARTICLE Vlll DUTY TO REPORT 8.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following A. Local law enforcement agency (such as the Hood County Sheriff's Office); B. Texas juvenile Probation Commission by submitting a TJPC Incident Report Form to VOL- 14 9 Pg. , ?_ + a Granbury Regional Juvenile Center Detention Servicas Agrewwnt September 1, 2011 —August 31, 2012 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 IX DISCLOSURE OF IINFORMATIDN 9.171 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years, ARTICLE X E UAL OPPDRTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay- off or termination, rates of pay or other forms of compensation and selection for training, Vol. 4S Pg 'a , 4 3 Cranbury Regional Jnveni a Center Detection Services Agrrement Sepftibw 1, 2011— August 31, 2012 including apprenticeship. The Service Provider agrees to post in conspicuous plates, available to employees and applicants for employment, notices to be provided setting forth the provision of this non - discrimination. (b) Will., in ,all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecurdary interest direct or indirect, in this Agreement or the proceeds thereof. ARTICLE Xll DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT 12.01 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider farts to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. All notices required under this Agreement shall be in writing. They shall. be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notice required in this Agreement shall be deemed to have been received when actually receive. d q q Vol. '-�$ Pg Granbury Regional Juvenile Center Ddwdon Services Ag[eem" Septanber 1, 2011— August 31, 2012 4M Granbury Youth Services, Inc. 1300 Crossland Road Granbury, Texas 76048 Brazos County 1904 W SH21 Bryan, Texas 77603 4217 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. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIII TERMINATION 13.01 The 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 avail 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 termunate, 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 time of termination of the contract. Brazos County shall remove at its expense all children placed in the Facility on or before the termination date. ARTICLE XIV INDEMNIFICATION 14.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, cots, claims or expenses arising out of Wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall. have no obligation to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. VOL 1 +9 pg. gifs Granbnry Regional Juvadb Center Detention Services Agm meat September 1, 2011— August 31, 2012 ARTICLE XV REPRESENTATIONS & WARRANTIES 15.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Juvenile Probations. Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XVI TEXAS LAW TO APPLY 16.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hood County, Texas. ARTICLE XVII YEWM- 17.01 Exclusive venue for any litigation arising from this Agreement shall be in Hood County, Texas. ARTICLE XVIII LEGAL CONSTRUCTION 18.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XIX PRIOR AGREEMENTS SUPERSEDED 19.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. Vol. l L4 Pg. .-)-q(P Cranbury Regional Juvenile Center Detention Servim Agmmanart September 1, 2011 — Anpust 3l, 2012 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. WITNESS WHEREOF, a hereunto affix our signature this -day of ' 201. Brazos County Proba ' n Department 0 ) )�, Chief Juvenile obation Officer 4M Granbury Youth Services, Inc.. Ted Cooley Facility Administrator Brazos County Authorized Personnel 10 VOL 14 Pg ;),47 CONTRACT AND AGREEMENT FOR SECURE LONGTERM RESIDENTIAL SERVICE OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF HOOD 4M GRANBURY YOUTH SERVICES, INC dba GRANBURY REGIONAL JUVENILE JUSTICE CENTER Residential Services September 1, 2021— August 31,201 This Agreement is entered into by and between Brazos County, at the request of and on behalf of the Brazos County juvenile Probation Department and 4M Granbury Youth Services, Inc., dba Granbury Regional juvenile justice Center, a Texas for - profit corporation, licensed to provide child care services by the Texas juvenile Probation Commission, and /or any other appropriate State agency with hcensure or regulatory authority over this facility ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider, and is located at 1300 Crossland, Granbury, Texas 76048. The business office of Service Provider is 696 N. FM 487, Rockdale, Texas 76567, ARTICLE II TEM 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 The two level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas juvenile Probation Commission. Vol. I L� Pg 9419 Cranbury Regional Juvenile Center Residential Savices Agreement Septemba 1, 2011— August 81, 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. S. 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; shaA 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. R Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to Juvenile Probation for periodic inspection. I. Any and all medical /psychiatric treatment and medication required to meet the needs of the Vol. l 1�9 Pg d 4 01 Graabury RegWr al Juvenile Center Residential Services Agreenia t September 1, 2011— August 31, 2012 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 EVq,LUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2 Percentage of children who have completed their placement and not re- referrals within six (6) months after release. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to juvenile Probation as to each of the foregoing output and outcome measures, These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above- mentioned services, juvenile Probation agrees to pay the Service Provider the sum of $998, per day for each child, admitted under "Moderate" Level of Care, 140 per day for each child admitted under "Specialized" Level of Care and per day for each child admitted into the Intensive 60 -90 day Program. The Levels of Care are defined by the Texas juvenile Probation Commission. The daily rate shall be paid to the Service Vol. 14 8 Pg. 0150 Granbary Regional Javenve Center Residential Services Agreement September I, 2011— August 31, 2012 Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Substance Abuse Program is recognized as a Specialized Treatment program and is reimbursable as such. The cost is based on the facility. Payment is due within 30 days of receipt of billing. 5.02 Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation will be paid for by Juvenile Probation at the rate of $295 per exam. Follow -up evaluations will be paid by juvenile Probation at the rate of 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): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.07 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4 Vol. 4 S pg. Grambary Regioml Jnvenlle Center RcsidentW Services Agreement September 1, 2011 -- August 31, 2012 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. 5.04 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. 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. Vol. I L�g pg. P? Grallborf Regional Juvenite Center ReaidenW Services Agreement September 1, 2011 — August 31, 2012 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by juvenile Probation. 7.03 For purpose of evaluation, inspection; auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. 1 49 - P d53 Vol. �• Gmnbury Regional Juvenile Center Residential Sarvices Agreeneat September 1, 2011— August 31, 2012 ARTICLE IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Hood County Sheriffs 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, intmu, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. VOL 149 p g. ; 5 Granhury Regional Javeaiie Center ResidantW Servioes Agreement September 1, 2011 — August 31, 2012 ARTICLE XI FOUA,L QMRTUNITX 11.01 Service Provider agrees to respect and protect the civil and Iegal 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, PENALTIM EQR BEECH OF CONTRACT 13.01 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. Vol. 1 49 Pg. R5!5 Graubury Regieual Juvenile Center ReeidentW Savicm Agreanent September 1, 20I 1— August 31, 2012 E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mall, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. 4M Granbury Youth Services, Inc. Brazos County 1300 Crossland 1904 W SH 21 Granbury, Texas 76048 Bryan, Texas 77803 -1217 F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. f. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE_XIV TERMINATION 14.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or Effect. Such termination shall not affect or diminish Brazos County's responsibility for payment of any amounts due and owing at the time of termination of the Contract. Brazos County shall remove at its expense all children placed in the Facility on or before the termination date. ARTICLE XV WAFVER 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. Vol. -- 14 9 Pg. tJ' Granby y Ragland Avenge Center ResidedW Services Agreement September 1, 2011 —Aug" 31, 2012 ARTICLE XVI INDEMNIFICATION 15.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, cost claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall have no obligation to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the Counties or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof; C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to juvenile Probation. Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations, 10 v ®1., g 1'g. o� CJ Granbary Regional luventle Center Residential Services Agreement September 1, 2011— August 31, 2312 ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hood County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Hood County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained. therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction. 11 Vol. 1 pg ;2, 58 Granbury Regional Jnvenlle Center Residential Services Agreema►t September 1, 2011- August 31, 2012 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 f day of 2o-LL. Brazos County Pro Depar Vent Chief Juvenile ation Officer 4M Cranbury Youth Services, Inc. Ted Cooley Facility Administrator razor County Authorized Personnel 12 Vol. g BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bride NUMBER 56001000 DATE OF COURT MEETING: August 9, 2011 ITEM: Consider and take action on acceptance of Shadow Creek Ranch Subdivision Phase I and Phase II into the Brazos County road maintenance system: the r (Shadow Creek Trail and Silverado Trail) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. SOURCE OF FUNDS: NIA PRESENTATION: SUBMITTED BY: Ga , Arnold, CFM Director of Planning CC2011 -058 APPROVED BY: Commissioner Sammy Catalena Precinct 2 This Request ' roved ' (or) Denied by Commissioners' Court Date: Duane Peters, County Judge 149 Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11 43.1 43.4 On this the 9th day of August 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassennann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS on 9th day of August 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 9th day of August 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 14g P . a I VOL g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 43.1 8/9/2011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 31000100 61470000 CR Prescriptions 2,490.00 0100 31000100 65050000 DR Building Maintenance 2,490.00 f Juvenile Services Reallocation of funds to purchase window tint and installation for front lobby to reduce the temperature, GG tort Vol. O pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 43.2 8/9/2011 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 28000100 67342000 CR Furniture 2,624.00 0100 28000100 60360000 DR Furniture 2,624.001 Sheriff Administration Reallocation of funds to cover for urchases for remainder of FY 11. 1 �[ 1 of 1 g- (D 3 Vo o �g• v� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 43.3 WOM FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24201100 59100000 CR DDEA 1 °499.54 0100 24201100 67342000 DR Furniture 546.70 0100 24201100 60360000 DR Furniture 952.84 JP PCT 2.1 Reallocation of funds to a for office e ui ornent and accessories. i 14 9 toff ;z&4 Vol. Pg — • x Le 't i � x t U 14 9 toff ;z&4 Vol. Pg — BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 43.4 8/9/2011 FUND 0100 0100 DIV 13000100 13000100 ACCT 67211000 80211000 PROJ DR1CR CR DR ACCOUNT NAME Software Computer-Software Increase 26,070.00 Decrease 26,070.00 Tax Assessor Collector Transfer funds to purchase accounting software package approved by Brazos County Commissioners in regular meeting on July 12, 201 i . I Department Approval Date Prepared By: nnm Date: 8/412011 _ A County Judge Approval Date ' Vol. ! q y Pg. oZ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 9, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Expo Bengs, Marshall Resignation May, Mattison New Hire Overman, Chris New Hire Road & Bridge Menchaca, Emilio New Hire SO — Jail Clemmons, Timothy Resignation Gonzales, Aifonso Resignation Approved in Commissioners' Court: August 9. 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 1 g p a � 1P Brazos County Purchasing Department Weekly Update 7/28/11 — 8/4/11 Number of PO's Processed: 112 Requisitions Completed: 3 Capital Payments: 5 Projects In Progress Construction Courthouse: Phase I & II - Paint and texture of north and east walls. - DA and DC areas ceiling grid installation in progress. Lights, finishes and flooring in progress - DA and CCL #1 carpet bid is currently out for bid Phase III - Proposals open on 819 Bids/ RFP's/ RFQ's Jail Pharmaceuticals - Currently reviewing bids. Opened on 8/4. Carpet for Courthouse - Minimal remodel of CCL #1 and DA area. - Bid opens on 8/18 Representation of Indigent Juveniles Proposals acknowledged on 8/4 - First Evaluation Committee meeting held 8/9 Solicitation of Quotes Reupholster CCL #1 Jury and Gallery Seating - Chairs delivered to vendor on 8/3 - Vendor will complete in - 1 week Auctioneer - Contract approved by court. Waiting for information from vendor to get set up on line. ACKNOWLEDGED 1 Duane Peters date County Judge Vol. 14 9 Pg. a V Janitorial Service - Currently posted on purchasing website. Water Treatment Grease Trap Pumping Fire Extinguishers and Sprinkler Inspection Fire Panel Monitoring Solicitations to be posted Pest Control week of 8/8 Smoke Detectors Elevator Maintenance - Waiting on contract from vendor to be approved by County. Portable Toilets D-- Grit Trap Pumping Solicitations in progress Renewals Fuel Other - Renewal is in process at A &M. When finished, we will renew Uniforms for S.O. - Renewed Assets Auction - Tentatively set to start week of 8/15 - The surplus room is full. No more items can be accepted unless an emergency situation occurs. Fuel Software - Training is complete - Working with IT to install software on needed computers Vehicles Applications for license plates have been submitted to the State in June and we are waiting on plates to arrive. New vehicle plate applications are submitted to the Tax Office. Sanctuary Courtroom - Furniture ordered, delivery TBD July assets to be reconciled week of 818 Vol. Pg.