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Home My WebLink About2011-08-30-4:00PM-REGULARP 3: BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 30, 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 Cauley 2. Call for Citizen input and/or concerns. 3. Presentation(s) Presentation of an Overview of the Cooperative Extension Program. Consider and take action on agenda items 4 - 23: 4. Aporoval of Section 2.10.4 Insurance Coverage for Retirees. 5. Order 11-010 orohibitina outdoor burnina in Brazos County for ninety (901 days, effective immediately. 6. Memorandum of Understanding with Texas A&M University for psychological evaluations of Detention Officer and Deputy Sheriff Applicants, 7. Extension of Contract # 2009-42R with Contract Pharmacy Services. Inc. for Pharmaceuticals for the 8. Renewal and Amendment to Lease Agreement with Southwood West for the Justice of the Peace, precinct 1 office space, 9. Subcontract Agreement with the Heart of Texas Regional Advisory Council (HOTRAC) for funding and training through the Office of Assistant Secretary of Preparedness and Response (OASPRI Disaster Preparedness Hospital Plannina Proaram. 10. Residential Services Contract # Juv 2012-12 with the Cameron County Juvenile Justice Department. 11. Grant Contract # 1223981 for the State Automated Victim Notification System (SAVNSI for the fiscal year 2012 (September 1.2011- Auaust 31.2012). Vol. 1'1 9 Pg. 12. 13. 14. 15. Contract # 23940058 with the Texas Department of Family and Protective Services for Title IV -E Child Welfare Services tor fiscal veer 2012 , gontract # 23940059 withshe Texas Department of Family and Protective Services for Title IV -E Lariat Services for fiscal year 2012 . Request from the Sheriffs Office for a new Diners Club credit card for investlaator Jason Ware. This card will be needed for travel expenses. jf-eauisitlon # 00035065 in the amount of $300.40 to Fast Signs. Inc for the removal of araphics on three f31 vehicles for the Sheriff's Office, 16. Manual CMS -T332 Portable Changeable Message Signs for the Road and Bridge Department. 17. Request permission to enterthe private property of Geraldine Ranch Criswell located on Old Reliance Road for the purpose of Irnorovinadralnage channel. This orolect wilLplace rip -rap material In and along drainage channel for erosion control. Work is_beina performed for the health. safety and welfare of the general Public. Site is located In Precinct 2. 18. Reauest from Wickson Creek Sneclal Utility District to construct a 30' road bore in the riaht of way of pvess Road for placement of a 3" encasement pipe with 2" waterline enclosed (to Provide service to address #6592 Dvess Roadl. Site is located in Precinct 3, 19. Rgguest from City of Bryan to construct a sewer manhole/24" sanitary sewer line in the right of way of Foster Road. Site Is located in Precinct 4, 20. Tax Refund Applications for the following: • a. Herman Manning -overpayment -526.69 • b. Oakwood Country Village MHC LP -overpayment -S142.34 • c, LeroY & Dolls Conerwav Sr -overpayment -S5.79 • d. Melanie Hartshorn -overpayment -S17.49 • e. Aramark Corporation -overpayment -5947.25 • f. Robert M Oneal-overpayment-5852.48 • a. Robert M Oneel-overpayment-51.888.11 • h. Everhome Mortgage Co -overpayment -5189.47 21. Budget Amendments. Budget Amendments FY 10/11: 46.1 -46.8 22. Personnel Change of Status. personnel Action Forms urchase f two (2 na 23. Payment of Claims. 24. Acknowledgment of the Brazos County Purchasing Department Update for the week of August 19.25, 2011. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns. 28. Adjourn. Vol. pg. 53 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on end off the agenda, and be limited to four minutes per person. Persons are Invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It Is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the Invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community Is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 108, Bryan, TX 77803 is wheelchair accessible. iand;cap 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. ��pg. 1 5 `F BRAZOS COUNTY BRYAN,TEXAS MINUTES August 30, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING File Stamped Agenda 8-30.pdf Sian in sheet 8-30.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, August 30, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns. There was no citizen input. 3. Presentation(s) Presentation of an Overview of the Cooperative Extension Program. Vol. 1'-N Pg. Dr. Dale Fritz introduced Dr. Carolyn Nobles, Associate Administrator, Cooperative Extension Program and Dr. Rukeia Draw -Hood, Program Leader, 4-H & Youth Development both at Prairie View A&M University and Eric Zimmermann, Brazos County Agricultural Extension Agent. Dr. Fritz presented a history of the Extension Service Program ending by saying that he would be asking for an additional agent. This agent, he said, would represent the Cooperative Extension Program at Prairie View A&M and target minorities. Brazos County's responsibility would solely be to provide office space. Dr. Carolyn Nobles then gave a brief presentation on the Cooperative Extension Program that provides educational outreach activities in twenty five (25) counties to individuals with limited resources. Dr. Fritz reminded the Court that Agrilife lost an agent last year due to the lack of state funds. Adding this agent would help. The County Judge said he knew things were tight and asked Mr. Zimmermann about available space. Mr. Zimmermann said they had shuffled things around to make space. Dr. Fritz said he would like the County to consider long range needs that would include new space for the Agrilife office. The County Judge said that there will be an action item on the agenda for next week. Consider and take action on agenda items 4 - 23: 4. Approval of Section 2.10.4 Insurance Coverage for Retirees. 0 Item 4.pdf The policy becomes effective upon approval. A copy of the policy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Order 11-010 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. Item 5.pdf The Order becomes effective upon signing, and expires on November 28, 2011 unless terminated earlier by the Commissioners Court or the County Judge as allowed by Local Government Code Section 352.081(c)(2). A copy is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. 0 Item 6.pdf Memorandum of Understanding with Texas A&M University for psychological evaluations of Detention Officer and Deputy Sheriff Applicants. Cost to Brazos County will be $240 per psychological evaluation and $110 per psychological re-evaluation. A copy is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7. Extension of Contract # 2009-42R with Contract Pharmacy Services, Inc. for Pharmaceuticals for the Jail. vol. Li -1 pg. 1 56, Item 7.pdf Charles Wendt, Puchasing Agent stated that this was a short term extension to allow his office time to analyze the bids received. The contract is to be extended until October 31, 2011 with all terms, conditions, and pricing remaining the same. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 8. Renewal and Amendment to Lease Agreement with Southwood West for the Justice of the Peace, Precinct 1 office space. 0 Item 8.pdf The lease is effective from October 1, 2011 through September 30, 2012. The amendment states that the contract shall be effective as of the date set of August 7, 2011. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 9. Subcontract Agreement with the Heart of Texas Regional Advisory Council (HOTRAC) for funding and training through the Office of Assistant Secretary of Preparedness and Response (OASPR) Disaster Preparedness Hospital Planning Program. Item 9.pdf A copy of the Agreement is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Residential Services Contract # Juv 2012-12 with the Cameron County Juvenile Justice Department. ID Item 10 Part 1.pdf 1Z1 Item 10 Part 2.pdf The term of the agreement is for twelve months commencing on September 1, 2011 and ending August 31, 2012. Cost to Brazos County is as follows: $95 per day/per child A copy of the agreement is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Grant Contract # 1223981 for the State Automated Victim Notification System (SAVNS) for the fiscal year 2012 (September 1, 2011- August 31, 2012). t� Item 11 Part 1.pdf ?D Item 11 Part 2.pdf A copy of the contract is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . vol. 149 Pg. f57 12. Contract # 23940058 with the Texas Department of Family and Protective Services for Title IV -E Child Welfare Services for fiscal year 2012 . 01- Item 12 Part 1.pdf 2' Item 12 Part 2.pdf The term of the contract is from October 1, 2011 through September 30, 2012 with automatic renewal for one fiscal year at a time through September 30, 2018 unless terminated. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann . 13. Contract # 23940059 with the Texas Department of Family and Protective Services for Title IV -E Legal Services for fiscal year 2012 . 2-- Item 13 Part 1.pdf O Item 13 Part 2.pdf The term of the contract is from October 1, 2011 through September 30, 2012 and will automatically renew for one fiscal year at a time through September 30, 2018 unless terminated sooner. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 14. Request from the Sheriff's Office for a new Diners Club credit card for Investigator Jason Ware. This card will be needed for travel expenses. 0 Item 14.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 15. Requisition # 00035065 in the amount of $300.00 to Fast Signs, Inc for the removal of graphics on three (3) vehicles for the Sheriff's Office. t0-- Item 15.pdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Manual requisition in the amount of $28,084.74 to American Signal Company for the purchase of two (2) CMS -T332 Portable Changeable Message Signs for the Road and Bridge Department. 2' Item 16.pdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 17. Request permission to enter the private property of Geraldine Rench Criswell located on Old Reliance Road for the purpose of improving drainage channel. This project will place rip -rap material in and along drainage channel for erosion control. Work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. Item 17.pdt The County will maintain the site only when necessary for continued adequate drainage von. I l kg. 15 g of roadway. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 18. Request from Wickson Creek Special Utility District to construct a 30' road bore in the right of way of Dyess Road for placement of a 3" encasement pipe with 2" waterline enclosed (to provide service to address # 6592 Dyess Road). Site is located in Precinct 3. Item 18.pdf Approved as submitted. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 19. Request from City of Bryan to construct a sewer manhole/24" sanitary sewer line in the right of way of Foster Road. Site is located in Precinct 4. Item 19.pdf Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Tax Refund Applications for the following: "� Item 20.pdf • a. Herman Manning -overpayment -$26.69 • b. Oakwood Country Village MHC LP -overpayment -$142.34 • c. Leroy & Doris Conerway Sr -overpayment -$5.79 • d. Melanie Hartshorn -overpayment -$17.49 • e. Aramark Corporation -overpayment -$947.25 • f. Robert M Oneal-overpayment-$852.48 • g. Robert M Oneal-overpayment-$1,888.11 • h. Everhome Mortgage Co -overpayment -$189.47 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 21. Budget Amendments. Budget Amendments FY 10/11: 46.1 - 46.8 Item 21.pdf 46.1 Reallocate funds for Risk Management 46.2 Reallocate funds for County Clerk -Elections 46.3 Record donations for BVCOG Interlocal Grant 46.4 Reallocate funds for BVCOG Interlocal Grant 46.5 Reallocate funds for District Attorney 46.6 Reallocate funds for Capital Projects -Commissioners Court 46.7 Transfer funds from Contingency to Non Departmental and Sheriff's Office Vol. '4 1 ,gig. 159 46.8 Reallocate funds for Magistrate Court #2 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 22. Personnel Change of Status. Personnel Action Forms Item 22.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 23. Payment of Claims. ID Claims Sheet.pdf BILL LIST 8.30.11.pdf 7089976 through 7090216 24. Acknowledgment of the Brazos County Purchasing Department Update for the week of August 19-25, 2011. Item 24.pdf 25. Sheriff's report on inmate population. Sheriff Chris Kirk said there were 663 inmates in jail, 48 have electronic monitors and 56 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. Commissioner Mallard said he would like a meeting with the MPO along with both cities to talk about major thoroughfares. He said he'd like the County to have input in planning for the future. Bill Jeanes, Risk Manager informed the Court that Travis County has invited the Court to come tour their medical facility sometime after Labor Day. Mr. Jeanes said all he needed was to coordinate everyone's schedules. 27. Call for Citizen input and/or concerns. There was no citizen input. 28. Adjourn. vol. I `t PB, 1 (o O The foregoing minutes of the Commissioners Court meeting held August 30, 2011 have been examined and are approved in open Court this I ✓ day of , 2011, in Bryan, Brazos County, Texas . Duane Peters County Judge Sammy Catarena Commissioner, Precinct 2 Commissioner, Precinct 3 Lloyd Wassermann Wassssermann Commissioner, Precinct 1 Kenny Mallard f Irma CauIey Commissioner, Precinct Attest: K. en _ • uee County Clerk ( Vol LI-9 Page (P BRAZOS COUNTY COMMISSIONERS COURT Meeting on + 204i 4 :ca( Name Organization / Department 4..re14 Me Qveedt 6 c% l ( �;v C# 0i:8 -r 64,,,,,,,c -- chr 73( L.t. __L.(3,,f-4.s it.514..tA6---T t rb/1 n ,VOA s&tpereIi'e Ede/O ten Pa* It 5 <Gt-,7 , 0* --e_ 4 ed-r, N., -c., pc, i' 1 6.....,4ue og,c_, /�r'i & / /lam L ,( ;,A ( D v IkGVAAti--- O-bkiP V,c4 // /locJ, Ayd,•4r '''.4i,,^ (e41 n (4/7-0 4)196,, 4Ne A44IiDr' "6,J-5 k +.� ,SCE ' -� ' �,t�� /" <" -,�� , _.)h..tie„,, 41(iz-te PAGE ( oQ BRAZOS COUNTY COMMISSIONERS COURT Meeting on ,20o® p211,, Name Organization /Department %\ 1 Mc,..,,, C.Ar% Lcts1-rorn JiArilope_ ,II f&1tA0 bakilk-ko ,icd,414 A-A-1-c4m2A, ri - Fikisecc w y - .&C P j/5-- SC) 5---/-60(---) glAkk, r 4-__ IS (Le Li-, ')---- id• Aicvl- 44-d-- 751c-- -.7"7?-41. ( (s›,,57- z-,____-_ -- /47 /4.,s,'...,_, ,,e‘ O P\c` {rQ,fleJ& 6- ea41-0- PAGE Z o€_ 2.10.4 INSURANCE COVERAGE FOR RETIREES (a) Retiree Insurance Coverage for employees hired prior to August 30, 2011 with eight (8) or more years of cumulative service with Brazos County at retirement All full time employees who were hired prior to August 30, 2011 and who retire from Brazos County are eligible to retain the same medical and dental insurance coverage, on a contributory basis, that the Retiree, as defined below, had immediately prior to his or her retirement date, subject to the requirements stated herein. In order to retain said medical and dental insurance on a contributory basis, Retirees must have eight (8) or more years of cumulative service with Brazos County, which must have begun prior to August 30, 2011. Retirees must pay to Brazos County, or a designee of Brazos County, on a monthly basis, an amount equivalent to that which current employees pay for medical and dental insurance ("Retiree Contribution"). The Retiree Contribution may be adjusted from time to time to account for any changes in insurance policy premiums, but shall remain consistent with the contribution of all current employees enrolled in equivalent medical and dental insurance plans. Brazos County will contribute an amount that is equivalent to that which Brazos County pays for medical and dental insurance for current employees ("County Contribution"). For this Section 2.10.4, a retiree is defined as a full time active Brazos County employee who retires and meets the criteria set by Brazos County and Texas County and District Retirement System for retirement ("Retiree"). All Retiree medical and dental insurance is subject to approval and funding by the Brazos County Commissioner's Court. (b) Retiree Insurance Coverage for employees hired prior to August 30, 2011 with less than eight (8) years of cumulative service with Brazos County at retirement All full time employees who were hired prior to August 30, 2011 and who retire with less than eight (8) years of cumulative service with Brazos County will be eligible to receive the same medical and dental insurance coverage said Retiree had immediately prior to his or her retirement date, but the Retiree shall pay the entire premium for said medical and dental insurance coverage in full, and there shall be no contribution made by Brazos County. The Retiree's required medical and dental insurance premium payment will be based on actual plan cost at the time of retirement and shall be adjusted from time to time based on actual plan cost as determined by the Brazos County Commissioner's Court. All payments for medical and dental insurance by Retirees will be paid to Brazos County, or a designee of Brazos County. All Retiree medical and dental insurance is subject to approval and funding by the Brazos County Commissioner's Court. Vol. 1 '0 pg. ilpif (c) Retiree Insurance Coverage for employees hired on or after August 30, 2011 All full time employees who are hired on or after August 30, 2011 and who retire from Brazos County will be eligible to receive the same medical and dental insurance coverage said Retiree had immediately prior to his or her retirement date, but the Retiree shall pay the entire premium for said medical and dental insurance coverage in full, and there shall be no contribution made by Brazos County. The Retiree's required medical and dental insurance premium payment will be based on actual plan cost at the time of retirement and shall be adjusted from time to time based on actual plan cost as determined by the Brazos County Commissioner's Court. All payments for medical and dental insurance by Retirees will be paid to Brazos County, or a designee of Brazos County. All Retiree medical and dental insurance is subject to approval and funding by the Brazos County Commissioner's Court. (d) For purposes of Section 2.10.4, Insurance Coverage for Retirees, if an employee leaves employment with Brazos County after August 30, 2011 and returns at a later date, he or she will be treated as a new hire and will not be eligible to receive the County Contribution towards his or her medical or dental insurance at the time of retirement. (e) Changes made to Section 2.10.4, Insurance Coverage for Retirees are not retroactive. APPROVED Duane Peters County Judge Vol. I ` 1 pg. Hos B Z0S COUNTY BRYAN, TEXAS ORDER 11-010 PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor bunting. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazils County. Texas for the duration of the above mentioned declaration: Action Prohibited: A person violates this order if he or she burns any, combustible material outside of an enclosure to contain all flames and'or sparks, or orders such burning by others. Enforcement-. A. As soon as possible, a duly commissioned peace officer shall he sent to the scene to investigate the nature of the tire, B_ Upon notificati€ n cat suspected outdoor burning, the tire department assigned to the location of the tire shall respond to the scene and take immediate measures to contain and%or extinguish the tire. C. If in the opinion of the officer at the scene and/or the tire chief, the goal of the order can be attained by infhrtning the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing, the time, date, and place of the warning, and the name of the person receiving the warning. ;. At the discretion of the peace officer or the tire chief second or flagrant: violations of the order nt<ty be prosecuted in accordance with the statutes and procedures governing misdemeanors. 4. This Order prohibiting Outdoor Burning takes effect on August 30, 2011 and will expire on November 28, 2011, unless terminated earlier by the Commissioners Court or the County Judge. The Commissioners Court. hereby designates to the County Judge the authority to terminate this Order in accordance with Local Government Code Section 352.08ItcX2 j. Vol. 1 1-1-1 Hole Exception: Welding may be allowed under the following guidelines only: Provide a spoiler for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark. A, Maintain a minimum perimeter around the welding area of a radius of 2$ feet or three times the height of the actual welding, whichever is greater. (Example: if the welding is occurring ten feet off the ground, a perimeter of thirty ( 30) feet radium must he protected). The perimeter must he clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary measures must be taken (Example: protecting brush. etc, by utilizing fire resistant tarps). B. Maintain a minimum of 100 gallons of water at the site. Maintain a minimum ne (1) water pressure tire -her per spotter. No welding shall occur if winds are greater than 20 mph or relative humidity is less than 30''x. E. Prior to conducting any weldinwg activity, the welder .hall _give notice to the Brazos County Risk Manager and Brazos County Emergency Services (979-779-0911), `The notice may be by phone but shall give the name of the welder conducting the welding operation, the location of the operation, cell phone number of other contact information, and the name of party responsible. BE IT ALSO ORDERED that this carder may be enforced by any duly -commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. APPROVED, this day a =d Wassermann Commissioner, Precinct I Kenny Mall Commissioner, cinct 3 ?0 Duane Peters, County Judge Sammy CGttalena Commissioner, Precinct Vol. " pg. I (0 MEMORANDUM OF UNDERSTANDING Psychological Evaluations of Applicants for Detention Officer and Deputy Sheriff Positions and Other Employees This Memorandum of Understanding (MOU) is made this lst day of October 2011 by and between Texas A&M University —a member of the Texas A&M University System, an agency of the State of Texas on behalf of its Department of Psychology (TAMU)—and the Brazos County Office of the Sheriff (BCSO). WHEREAS, TAMU offers a clinical psychology doctoral program; and WHEREAS, the Brazos County Office of the Sheriff (hereinafter referred to as "BCSO") seeks to evaluate potential candidates for employment, and potential candidates for promotion; and WHEREAS, it is deemed in the best interest of both parties that said governments do enter into a mutually satisfactory agreement and share in the educational process; NOW THEREFORE, based on the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, have agreed as follows: TAMU RESPONSIBILITES: (l) TAMU shall assign a liaison to BCSO for purposes of: (a) correspondence regarding billing and scheduling appointments, Angela MoreheadLLead Office Associate, TAMU Psychology Clinic, Department of Psychology, Texas A&M University, 4235 TAMU, College Station, TX 77843-4235 (979) 845-8017 clinic(&tamu.edu and (b) for MOU management, Robert Heffer, Ph.D., Director TAMU Psychology Clinic, Department of Psychology, 4235 TAMU, College Station, TX 77843-4235 (979) 845-8017 clinic@tamu.edu. (2) TAMU shall furnish psychological evaluations, in accordance with regulations set forth in the Texas Commission on Law Enforcement Officers Standards and Education, for peace and public safety officer applications for Detention Officer and Deputy Sheriff positions and other employees as referred by BCSO. (3) (a) Each evaluation will include (1) a thorough clinical interview (2) an appropriate global measure of personality/psychosocial functioning, and (3) additional specific measure(s) of behavioral style or cognitive functioning as indicated by other evaluation measures or referral questions posed by BCSO. TAMU shall schedule evaluations within 14 working days after receiving written or phone request from BCSO to conduct such evaluations. 1 of 5 1',cliapiranhalhome'Dsyc faceltylrob-hefferiWord.PoltceDept i8ra:as Sheriff _L3 Eva1_MOU_FY11-I2_Aug 10. docx voi. I Lt`f. pg. (0K (4) TAMU agrees to provide verbal feedback to BCSO and make available, for mailing or personal pick-up, the TCLOESE L-3 (Declaration of Psychological and Emotional Health) form within 3 working days of completion of the testing. (5) TAMU shall make available the psychological evaluation report generated on persons served under this Agreement for mailing to, or personal pick-up by, BCSO within 14 working days after the scheduled evaluation. (6) TAMU agrees to discuss via phone or email with BCSO situations that alter these scheduling -testing -report expectations as soon as either party becomes aware of the need to change expectations for a given referral. (7) (8) (9) TAMU agrees that payment will be based on the timely submission of evaluation reports as stated above. TAMU shall provide BCSO an invoice by the 10th of each month for services rendered during the previous month. TAMU shall accept, as full compensation, the sum of $240.00 per psychological evaluation. (10) TAMU shall accept, as full compensation, the sum of $110.00 per psychological re- evaluation. (11) TAMU shall provide BCSO, if requested, a copy of current professional credentials of all individuals involved with the evaluations, professional liability insurance for psychological or behavioral health services applicable under this Agreement and all policies established by the TAMU Psychology Clinic. (12) TAMU students and faculty supervisors appointed by TAMU shall comply with policies established by the TAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues relevant to provision of consultative clinical services. BCSO RESPONSIBILITIES: (1) BCSO shall assign a liaison to TAMU for purposes of communication, Jody Aranda, Deputy Sheriff, Recruiter, Brazos County Office of the Sheriff, i700 Highway 21 West, Bryan, Texas, (979) 361-4948, jarandar.co.brazos.tx.us. (2) BCSO shall provide TAMU a written request for evaluation. (3) BCSO shall provide TAMU with a completed Release of Information signed by each person being evaluated prior to the scheduled evaluation. 2of5 l'cllapiranhaihorae'psyc facultyrob-hejferWordlPoliceDeprtBra_os Sher:f L3 Eval_MOU'_FY11-12_Aug 10.docx Vol. pg. (4) BCSO agrees to discuss via phone or email with TAMU situations that alter the scheduling -testing -report timeline expectations, as stated in the TAMU RESPONSIBILITIES section above, as soon as either party becomes aware of the need to change expectations for a given referral. (5) BCSO shall pay, as full compensation, the sum 5240.00 per psychological evaluation. BCSO shall provide payment upon timely submission of evaluation reports as agreed to above. (6) BCSO shall pay as full compensation, the sum of $110.00 per psychological re- evaluation. BCSO shall provide payment upon timely submission of evaluation reports as agreed to above. (7) BCSO shall pay TAMU for services in full within 30 days after satisfactory receipt of services and billing unless otherwise specified or mutually agreed upon before orders are placed. BCSO will not be liable for payment of invoices received six (6) months after order completion. Invoices must be submitted by TAMU to Kathy Drosche, Administrative Secretary, Brazos County Office of the Sheriff, 1835 Sandy Point Road, Bryan, TX 77807; (979) 361-4997; kdroschea(�co.brazos.tx.us; (979) 361- 4833 —Fax. NOTICE: Except for procedures under Alternative Dispute Resolution below, any required notice or contact under this MOU shall be made to: Brazos County Office of the Sheriff: Sheriff Christopher C. Kirk with copies to: or Deputy Wayne Dicky, Jail Administrator Brazos County Office of the Sheriff 1700 Highway 21 West Bryan, TX 77803-1300 (979) 361-4900 TAMU: TAMU Psychology Clinic Department of Psychology Texas A&M University 2435 TAMU College Station, Texas 77843-2435 Judge Duane Peters Brazos County Commissioners Court Brazos County Administration Building 200 South Texas Avenue Bryan, TX 77803 (979) 361-4102 employer's I.D.##: 76-4000531 profession/ occupation: psychologist Phone: (979) 845-8017 Fax: (979) 845-5191 INDEMNIFICATION: Subject to the limitations as to damages in the Texas Tort Claims Act and without waiving its governmental immunity, Each party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or 3 of 5 Hcllapiranhalhome'psyclfaculryrob-hefferlWordiPoliceDeprBro_osSheriif_ L3 Eval MOU_IYJ1-12 4JugIn.docx Vol. 1 p / 70 causes of action caused or asserted to have been caused directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees, or as the result of its performance, or any of its officers, agents or employees, of this MOU. CONSENT TO SUIT: By entering into this Agreement neither party gives its consent to suit. ALTERNATE DISPUTE RESOLUTION (1) To the extent Chapter 2260, GOVERNMENT CODE, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement and is not preempted by other applicable law, BCSO and TAMU must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this Agreement and is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practices and Remedies Code. BCSO must submit written notice of a claim of breach of contract to the University Contracts Officer, TAMU. TERM OF AGREEMENT: This MOU shall begin October 1, 2011 and remain in effect for no more than twelve (12) months, ending September 30, 2012. This MOU may be terminated on behalf of either party in the agreement, by providing the other party with thirty (30) days written notice. Any BCSO candidates scheduled for evaluations, at time of cancellation will be allowed to complete their evaluation, provided that the cancellation was requested by TAMU. In the event this agreement is canceled, TAMU will be paid only for the evaluations completed, provided the required evaluation reports are presented to BCSO within three weeks of the cancellation of this Agreement. INDEPENDENT CONTRACTOR STATUS: This MOU shall not be construed as creating an employer/employee relationship between TAMU, including any of its officers, agents and employees, and BCSO and does not constitute a joint venture. PROVISIONS: If any provision or provisions of the MOU shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. GOVERNING LAW: The terms and conditions of the MOU and performance hereunder shall be construed in accordance with the laws of the State of Texas. Venue shall be in a court of competent jurisdiction in Brazos County, Texas. OTHER DIRECT COSTS: The BCSO will only pay the amount per completed evaluation or re-evaluation as specified in the preceding "RESPONSIBILITIES" sections. The number of evaluations will vary over the months in which this contract is in effect. The cost of each evaluation or re-evaluation includes other direct costs which will be used by TAMU for supplies, photo -reproduction, books, journals, training tapes, software, equipment, professional dues, travel expenses, educational development, and other directly related costs. 4 of 5 'cilapiranhalhome psyclfaculryirob-hefferlWardiPoliceDepr',Braaos SherzJf_L3 Eva!MOO_FY1I-12_Aug 10.docx Vol. 11O pg. 171 AUTHORITY TO CONTRACT: Each party has the full power and authority to enter into and perform this MOU, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. BRAZOS COUNTY OFFICE OF THE SHERIFF By: Christopher C. Kirk, Sheriff Brazos County Office of the Sheriff BRAZOS COUNTY COMMISSIONERS COURT By: Duane Peters, Judge Brazos County Commissioners Court TEXAS A&M UNIVERISTY Date: Os/( VP-(-) /( -Date: By: Date: Dean K. End ler, Executive Director Contract Administration 5 of 5 lcllapiranhalhome!pryclfaculty' ob-hefferWordWoliceDepl'Ora_osSheriff L3 Eval MOU_FYll-1?_Aug /0.docx vol. 1 Lri I �a Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 Charles Wendt, Purchasing Agent Tracy Stracener, Asst. Purchasing Agent Tiffany West, Buyer Lealle Williams, Senior Buyer August 24, 2011 Contract Pharmacy Services, Inc. 125 Titus Avenue Warrington, PA 18975 Attn: Robert D. Hill Phone: 267-487-9000 Fax: 267-487-9052 Email.: RDHill@contractrx,corn Re: Extension of Contract for Pharmaceuticals — 2009-42R Brazos County would like to extend the contract for. Pharmaceuticals — 2009-l2R. The current agreement expires August 31, 2011. in order to allow enough time for the bid process the County request that Contract Pharmacy Services extend the contract to October 31.2011 with all terms, conditions, and pricing shall remain the same. To accept the extension, please fill out the information and sign below. Return this letter by email to TStracener@eo.brazos.tx.us or fax to (979) 361-4293 and submit an original by mail to the address listed above. Upon receipt of signed document and approval by the Commissioner's Court the contract will be extended to October 31, 2011, Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4291. Contact Name: ,�0BERM , Htc.L Telephone: s?67 •--4r7 f©p E -Mail: /tlllcL0 CoN 1'Ge ex. CO( Fax: CONTRACT PHARMACY SERVICES, INC. 267, 4Q9 - faro 67-.26-2.07/ Robert D. Hill C/�O Date BRAZOS COUNTY Duane Peters. County Judge Sincerely, Tracy Stracener Assistant Purchasing Agent %10) Date vot. (L/i pg. ! 1.3 FIRST RENEWAL AND FIRST AMENDMENT TO LEASE PRECINCT 1, JUSTICE OF THE PEACE This First Renewal and First Amendment to Lease ("First Amendment") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ("Lease") on September 21, 2010; and, WHEREAS, the Lease provides for five (S) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of S2,213.50, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2011 and terminating on September 30, 2012; and WHEREAS, the Lessor and Lessee have further agreed to amend and replace Paragraph III of the Lease, as set forth in Paragraph 2 below; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This first renewal term ("First Renewal Term") shall be effective October 1, 2011 and will terminate September 30, 2012. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this First Amendment. If there are any conflicts between this First Amendment and the Lease, the terms of this First Amendment will control. This First Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Rental. Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the First Renewal Term of this Lease, and all subsequent renewal terms, it any, at such place as Lessor may from time to time designate, $2,130.17 per month, payable in monthly installments on the first day of each month. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This First Amendment and all other copies of this First Amendment, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This First Amendment may be executed concurrently in one or more counterparts, each of Vol. UN Pg. Hit which shall be deemed an original, but all of which together shall constitute ore and the same instrument. The parties expressly agree that a copy of this First Amendment transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Amendment shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions_ a. Notices. Any notice required by or permitted under the Lease or this First Amendment must be in writing. Any notice required by this First Amendment or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this First Amendment, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or First Amendment by Lessor or Lessee. c. Severability. The provisions of this First Amendment are severable. If a court of competent jurisdiction finds that any provision of this First Amendment is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this , of 20 i ( . Attest: Lessor: SOUTHWOOD WEST, a Texas general partnership By: ''•4''(. r ! z f By: /..)' -.J"_-- Name: ) ic`f e,r,it. di Title: iVrvi-ei. lD Lessee: B RAZ >< CDU By: Name: Title: Jt. e_ g� w/" ��11G 1'e Yc II. u2os C' J vol. NI pg. I ZS t SUBCONTRACT AGREEMENT BETWEEN Heart of Texas Regional Advisory Council (HOTRAC) 405 Londonderry, Suite 201 Waco, TX 76712 254.761.7890 SERVING TSA M & N Agency Name: Brazos County Mailing Address: 200 S. Texas Ave.. Suite 310; Bryan, TX 77803 Contact Name: Duane Peters Contact Phone: 979.361.4101 REGARDING OASPR DISASTER PREPAREDNESS FUNDS HOSPITALS CONTRACT EFFECTIVE DATE: July 1, 2011 CONTRACT END DATE: June 30, 2012 Purpose: This agreement is to facilitate development of a coordinated regional response plan to for disaster preparedness efforts that meets the Office of Assistant Secretary of Preparedness and Response (OASPR) requirements and ensures ability, and adequately addresses the health needs of the population of region in the event of any mass casualty situation. Agreed RAC Responsibilities: 1. Administer OASPR grant funds for the region. 2. Disseminate information from Texas Department of State Health Services (DSHS), Public Health, Emergency Planning Groups, First Responders, etc., to regional facilities in a timely manner to facilitate hospital and regional plan development. 3. Provide all required reporting to DSHS within the time limits delineated. 4. Initiate purchase of equipment as instructed by the Emergency Preparedness & Response (EPR) Committee and approved by the HOTRAC Board of Directors. 5. Conduct monitoring visits at least once a year. 6. Notify all entitles of meeting dates, times, locations, at least two weeks prior to scheduled meetings. Agreed Agency Responsibilities: Agency agrees to comply with the EPR Committee's Expenditure Plan and required guidelines of the FY 11-12 OASPR Federal Disaster Preparedness Grant as follows: 1. Continue to maintain a minimum level of preparedness of PPE and decontamination capability 2. Continue to expand Isolation capacity 3. Continue to enhance security 4. Continue participating in interoperable communications planning Vol. 4'1 S. Report bed availability within one (1) hour of notice via EMResource 6. Participate in the use of the State ESAR-VHP system, WebEOC, and EMSystems 7. Continue to enhance fatality management plans 8. Continue to enhance Hospital Evacuation Plans 9. Training, exercises and corrective actions, National Incident Management Systems (NIMS) compliance and needs of at -risk populations shall be considered a component of each of the above grant guidelines. 10. Agrees to participate in regional emergency preparedness planning activities and exercises, and to provide a report of assessment and corrective action to the RAC within 30 days following any exercise. 11. Agency agrees to participate in all actual emergency response activities in the region, which includes receiving patients that are appropriate for its classification and capabilities from the scene of a major incident or from other hospitals in the region. * If Agency is a hospital, It recognizes that hospitals participating in the DASPR Disaster Preparedness - Hospital Planning Program should plan to manage a surge capacity of 10%-20% above the daily - staffed bed average. 13. Agency agrees to properly store, monitor and maintain all equipment purchased with OASPR funds, to provide required training, and submit documentation to the RAC annually or as requested. 14, Provide access upon request to RAC, state and federal audit of equipment, expenditures, training records, etc. This document reflects a sub -contract to participate in the OASPR Disaster Preparedness - Hospital Planning Program. In addition, I understand that our agency may be subject for federal A-133 audits for expenditures of the OSAPR funds. Signed OnirmtnistratOtt. S iZ.AZOS Coy t. r' -f J v l E ate Signed (ERR Committee Representative) Date Signed (HOTRAC Executive Director) Date vol. 14 `1 Ps 1 1 7 }p STATE OF TEXAS COUNTY OF CAMERON -3-L12p1 z -1Z CONTRACT NO FOR RESIDENTIAL SERVICES CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT Amador R. Rodriguez Juvenile Boot Camp and Educational Center Term: September 1, 2010 -- August 31, 2012 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation" and the Cameron County Juvenile Justice Department a governmental entity licensed to provide child care services by the Texas Juvenile Probation Commission ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Brazos County Juvenile Probation with residential care for children alleged or 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 2330 W. Highway 77, San Benito, Texas 78586. The business office address of the Service Provider is P.O. Box 1690, San Benito Texas 78586. All notices to Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W. SH21, Bryan Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. ARTICLE II TERM 2.01 The term of this Agreement is for twelve months, commencing September 1, 2011, and ending August 31, 2012. It shall be automatically renewed for one year terms thereafter, unless one party notifies the other in writing, at least thirty (30) clays prior to the expiration of said term of its intention not to renew this agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Willacy County and are pending on the termination date in section 2.01 above, have been performed. Under this agreement, Brazos County Juvenile Probation Department may refer juveniles in need of the Ninety (90) day Pride Attitude and Motivation Program (PAM) or the standard one -hundred eighty day (180) program. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level 1. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every -day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The vol. I, 9 r$. I Z g caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or 2. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level 1. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or 2. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff, and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Juvenile Probation Officer within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), and Juvenile Probation, and specifically the Juvenile Probation Officer are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Juvenile Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. VOL 1421of 17 Pg• 9\ E. Provide to the Juvenile Probation Officer a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Juvenile Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Juvenile Probation Officer with a written report of the child's progress on a monthly basis in a Monthly Progress Report. I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance, or Medicaid coverage. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. Vol. �6� Pe pg. 1 0 ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re -referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re -referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. Vol. ARTICLE V COMPENSATION 5.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its fiscal or designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. For services rendered under this agreement, Brazos County Juvenile Probation Department shall pay the sum of Ninety -Five ($95.00) Dollars per day per child for each day juveniles are placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Medical: Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center (ARJBCEC) and to pay for emergency examinations, treatments, and hospitalizations in the event the child's medical insurance does not cover the cost. The ARJBCEC shall notify Brazos County Juvenile Probation Department of any emergency or medical condition requiring medical care within one (1) regular working day of its occurrence. 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 within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. Payments shall be made within ten (10) working days after receipt. Payment shall be made to Cameron County Juvenile Probation Department, P.O. Box 1690, San Benito Texas 78586. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted vol.Lfq Pg• l ga and deducted from the invoice submitted to Juvenile Probation. Documentation must include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMINATION OF PROGRAM AND 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 records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview, and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 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 purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents, or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litiga₹ion, claim, audit or review, and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider Vol Pagc Gif 17 Pg• i 03 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. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE 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 VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1 Local law enforcement agency (not required for serious incidents); and 2. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786-7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge fowl or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Probation Commission within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJPC Incident Report Form must also be sent to Juvenile Probation at facsimile number 979-823-4211, Attention: Chief Douglas Vance. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; Vol p,efq ll7 pg. 181- 2. Texas Juvenile Probation Commission immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse, The initial report shall be made by phone by calling toll -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJPC Incident Report Form shall be submitted by facsimile number 1- 512-424-671.7 or by email; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJPC Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979-823-4211, Attention: Chief Douglas Vance. 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8,03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault, or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect, or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic, or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post - adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. Vol. 11144 of 17pg F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The terns includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers, or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that fingerprint -based searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed within two years prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010. 9.02 Service providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Service providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Juvenile Probation with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or Vol. 1149 Page 901 . t �(12 period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review, and all questions arising therefrom have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; B. A current felony deferred adjudication, probation or parole; C. A jailable misdemeanor conviction against the laws of this state, another state, or the United_States within the past five (5) years; D. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; E. A current jailable misdemeanor deferred adjudication, probation or parole; or F. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.06 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation : A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; VOL dto 10 of Ng' C. Any arrest or current criminal indictment of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and/or investigations of abuse, neglect, exploitation, death or other serious incidents involving a juvenile placed by Juvenile Probation in the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator; F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. Vol. t Page I I law _ SRS ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. t l8� Vol. lags 13 ofi;R' ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos' County 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 Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carrier to identify Juvenile Probation as a certificate holder on its policy, and will add the Brazos County Juvenile Board as additional insured on its policy; Vol.LIL,,,,tg. I '1 0 D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Cameron County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in San Patricio County, Texas. ARTICLE XXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by . Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. Vol. ICI 22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation's Policies, and Texas Juvenile Probation. Commission standards pertinent to services provided under this Agreement. 22.10 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting, and auditing of such funds. ARTICLE XXIII LEGAL CONSTRUCTION 23.01 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 XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 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. ARTICLE XXV AMENDMENTS 25.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Vol.` l 9 Page 161d j 7 I c ON , 20 . , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZ0S COUNTY JUVENILE BOARD. CAMERON C i UNTA NILE OA By: By: DOUGLAS V • CE Brazos Count Chief Juvenile Probation Officer HON. DUANE PETERS, Chairperson Br. o ounty Juve le Board By: HO A `r' LEAL, hairpers b n C eron County Juvenile Board TOMMY ' •�i Z Cameron County Chief Juvenile Probation Officer Be it known that Cameron County is hereby registered to operate the AMADO1? R RODRIGUEZ BOOT CAMP & EDUCATIONAL CENTER STATE OF TEXAS City of SAN BENITO Post -Adjudication (Secure) Fadlity Rated Capacity of 32 The aforementioned Juvenile Facility has completed all registration requirements of the Texas Juvenile Probation Commission, as required by the Texas Family Code, and is hereby officially registered by the undersigned. REGISTRATION is issued this the 1'r Day of February, 2011 Expiration Date: January 31, 2012 41 pcc iGt 5 JUVENILE BOOT CAMP AND eDUCATI0NAL CENTER On this, the 2 &A day of 0C-41:'' , 2010, pursuant to the provision of Section 343.208, Standards for Secure Post -Adjudication Juvenile Residential Facilities, the Juvenile Board, after personally inspecting the Juvenile Boot Camp, in its full totality (32 beds; to include Charlie Pod, which is located at the Darrell B. Hester Juvenile Detention Center — 8 bed facility for girls), hereby certifies to the County Judge and County Commissioners, that the facilities are suitable for the care of children in accordance with recognized professional standards for post -adjudicated residential programs, including minimum standards promulgated by the Texas Juvenile Probation Commission and that of statute §51.12 or §51.125 of the Texas Family Code. Honorable Bamin Euresti, Jr. 107'" District Court Judge n •-'.', '�Laura'�Betancourt untjr, curl at Law #2 Judge • or e I .. J tThrable JU go Janet Leal airperson of the Juvenile Board 103rd District Court Judge Honorbble Menton Murra County Court at Law #3 udge nn �onorabie Judge Carlos Cascos County Court Judge .. Tot li`.17 •«.'....,•11:1r1t?nl +. ...,1i(j'. � SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2012 OAG Contract No. 1223981 THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and Brazos County (GRANTEE) for certain grant funds. The Office of the Attorney General and GRANTEE may be referred to in this contract individually as a "Party" and collectively as the "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to maintain Texas counties in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To accomplish the public purpose, the OAG will reimburse GRANTEE for certain cost incurred in the implementation and operation of its portion of the SAVNS. To ensure a standard statewide service to all interested counties, including GRANTEE, the OAG will reimburse GRANTEE for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SAVNS services to the GRAN1 _ P,E. The OAG published a Request for Proposals (RFP) for Statewide Automated Victim Services May 15, 2009. After an evaluation of proposals, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial team of the Vendor Certification is from September 1, 2009 to August 31, 2011, with an option to extend. The OAG extended the term until August 31, 2012. The Vendor Certification includes a "Detail of Services", containing a detail description of services to be provided by the Certified Vendor as well as the Pricing Model, all comprising the "Vendor Certification Documents" The vendor certified to provide the services is Appriss, Inc., ("Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT 2.1 Service Period (Term). The Service Period (Term) of this contract shall commence on the September 1, 2011, and unless terminated earlier as provided by another provision of this contract, this contract will terminate August 31, 2O12. 2.2 Option to Extend Service Period (Term). This contract may be extended for an additional Service Period (Term) by a written amendment executed with the same formalities as this contract. Extending the Service Period (Term) does not increase the contract amount. Any increase in the contract amount must also be by written amendment executed with the same formalities as this contract. SAVNS Maintenance Grant (12 Months) FY 2012 Page 1 of 19 vol. 149 pg. lcn SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the OAG Vendor Certification documents. The Services Agreement will include terms and conditions that are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the OAG Vendor Certification documents. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan". The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate and relevant to support the SAVNS services; verify the Certified Vendor's performance according to Services Agreement; satisfactorily discharge GRANTEE's obligations as described in the Services Agreement; and identify and dedicate GRANTEE staff, resources and equipment necessary to maintain the SAVNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor. GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. GRANTEE will execute a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor. for the Service Period (Term) of this contract, GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. GRANTEE will allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third -parties to assist the OAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3.5 Data Extract. To the extent permitted by law, GRANTEE agrees to provide the OAG with a copy of data transmitted by GRANTEE to the Certified Vendor. GRANTEE authorizes the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data may be used to monitor GRANTEE performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including, but not limited to, an XML extract) as requested by the OAG. 3.6 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the "Scope of Services". As a condition of reimbursement, GRANTEE agrees to faithfully, timely and in a good and workman -like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SAVNS Maintenance Grant (12 Months) FY 2012 Page 2 of 19 Vol. NI pg. qg SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1. Required Reports; Form of Reports; Filings with OAG. GRANTEE shall forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional reports or statistical information from GRANTEE. 4.1.2. Cooperation; Additional Information. GRAN 1EE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information, including but not limited to information relating to the services rendered by the Certified Vendor, may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization; Changes in Authorized Official, Grant Contact and Project Financial Officer. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE' s name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to this contract. GRANTEE shall name an Authorized Official, Grant Contact and Project Financial Officer. GRANTEE must submit a written request by the governing body on GRANTEE's letterhead, with original signature, to change an Authorized Official, GRANTEE, by an email, fax or GRAN 1EE letterhead signed by the Authorized Official, may request a change to the Grant Contact or the Project Financial Officer. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self -evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate audits and resolution SAVNS Maintenance Grant (12 Months) FY 2012 Page 3 of 19 Vol. I Y9 pg. I gq of any findings; and annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records and other information relating to services provided in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports, in the appropriate format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances on service delivery reports, programmatic performance reports or other reports. in addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports, contract or self -evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log". GRAN I'EE shall establish a "Problem Log" that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, and steps taken to resolve the problem and when the problem was resolved. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Requests for Reimbursement. OAG grant funds are paid on a cost reimbursement basis. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. The requests for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. The OAG may limit the requests for reimbursement to time periods of less than 12 months. SAVNS Maintenance Grant (12 Months) FY 2012 Page 4 of 19 vol i-%q pg. a0D 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2012, (and, if this contract is extended, for each additional year), GRANTEE will submit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit C (Special Conditions), if included in this contract, GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit report — "timely" means on or before May 31, 2012, (and, if this contract is extended, for each additional year), for a grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of State, Local Government, and Non -Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRAN 1'EE. 4.3.5 Timing of Submission of Invoices for Requests for Reimbursement to the OAG; Close - Out Invoice. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The OAG will make all reasonable efforts to promptly process and make payment on a properly completed invoice. The OAG may limit the requests for reimbursement to time periods of less than 12 months. Upon submission and approval of the GRANTEE's requests for reimbursement, the GRANTEE may receive up to the full amount of "Total Grant Funds Available" as noted in Exhibit A. GRANTEE may submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs for GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRAN 1EE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. SAVNS Maintenance Grant (12 Months) FY 2012 Page 5of19 vol. l 4 ("1 pg. ao i 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment or assets, which is available to the OAG at all times upon request. GRANTEE will administer a program of maintenance, repair, and protection of equipmentor assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office. payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. 4.3.10 Limited Pre -Reimbursement Funding to GRANTEE. The OAG, may, at its sole discretion, provide limited pre -reimbursement funding for reimbursable expenses to GRANTEE. This limited funding is not preferred and may be allowed upon submission of the following written documentation supporting the request: a. A fully executed GRANTEE's Services Agreement (or Renewal Notice) with the Certified Vendor for the time period covered by this contract; b. An invoice from the Certified Vendor which includes the dates covered under this contract; c. A completed OAG form "Verification of Continuing Production Record"; d. An invoice to the OAG that complies with the requirements of the OAG; and e. A written justification, signed by the Authorized Official or the Authorized Official's designee, explaining the need for pre -reimbursement funding. The GRANTEE should submit an invoice to the OAG no sooner than forty-five (45) days and no later than thirty (30) days before the GRANTEE'S obligation to pay matures. The OAG will not provide pre -reimbursement funds any sooner than thirty (30) calendar days prior to the payment becoming due and payable under the GRANTEE's Service Agreement with the Certified Vendor. The GRANTEE must pay the Certified Vendor within ten (10) days of receiving the pre -reimbursement funding from the OAG. SAVNS Maintenance Grant (12 Months) FY 2012 Page 6 of 19 Vol. 1 41 Pg. a.02. SECTION 5. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL 5.1 Monitoring. The OAG is responsible for closely monitoring GRAN EE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG in this contract is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, without first executing a written amendment to this contract. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds as stated in the attached Exhibit A. 5.3 Reimbursement of GRANTEE Expenses. The OAG shall be liable to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. In addition to other reasons, prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. 5.5 Funding Limitation. GRANTEE agrees that funding far this contract is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for the purpose of this grant program, or if the appropriated funds made for the purposes of this grant program, are deemed, in the sole discretion of the OAG, required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract in whole or in part, upon thirty (30) calendar days notice to the other party. SAVNS Maintenance Grant (12 Months) FY 2012 Page 7 of 19 Vol. 1 9 pg. 3 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonable be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4; Section 7; Section 11; and Section 12. 6.4 Refund to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this contract is accomplished, then the OAG may require the GRANTEE to refund all or some of the grant funds paid under this contract, for the funds representing the number of months of SAVNS services previously invoiced and paid by the OAG to the GRANTEE under this contract. 6.4 Notice to Certified Vendor. Any termination of this contract will also be forwarded by the terminating party to the Certified Vendor. SECTION 7. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS. 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. SAVNS Maintenance Grant (12 Months) FY 2012 Page 8 of 19 vol. I Ct Pg. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of the system by tracing the activities of individuals through the system. GRANTEE's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. GRANTEE agrees that GRANTEE's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 7.4 Access. GRANTEE shall grant access to and make available copies of all data extracts described in Section 3.5, as well as all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract and the operation and management of GRANTEE to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this contract shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG. GRANTEE will direct any contractor to discharge GRAN 1'EE's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this contract. GRANTEE shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant physical access to all program delivery sites to representatives of the State of Texas and/or the OAG and its designees. 7.5 Location. Any audit of documents listed in Section 7.4 shall be conducted at the GRANTEE's principal place of business and/or the location(s) of the GRANTEE's operations during the GRAN l'EE's normal business hours and at the OAG's expense. GRANTEE shall provide to OAG and such auditors and inspectors as OAG may designate in writing, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office -related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 7. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web -based data collection method. SAVNS Maintenance Grant (12 Months) FY 2012 Page 9 of 19 Vol. µ9 Pg. a5 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants@oag.state.tx.us If requested or approved by the OAG, other programmatic reports, may be submitted to: Program Manager — Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and equipment inventory reports, must be submitted in hard copy format to: Financial Manager — Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@oag.state.tx.us SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with the terms of this contract may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at SAVNS Maintenance Grant (12 Months) FY 2012 Page 10 of 19 Pg aoeo its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions witliout first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs, and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Governor's Budget and Planning Office. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE, and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRAN 1'EE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. GRANTEE certifies: No federal/state appropriated funds have been paid or will SAVNS Maintenance Grant (12 Months) FY 2012 Page 11 of 19 Vol. 1 LE1 Pg. be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress or the Texas Legislature, or an employee of a member of Congress or the Texas Legislature in connection with the awarding, or the extension, continuation, renewal, amendment, or modification of this contract; and if any non-federal/state funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress or the Texas Legislature, an officer or employee of Congress or the Texas Legislature, or an employee of a member of Congress or the Texas Legislature in connection with this contract, the undersigned shall contact the OAG for the "Disclosure Form to Report Lobbying." 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related Federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 10.6 Certifications and Assurances, Exhibit B, attached hereto and incorporated herein, and is applicable to this contract. GRANTEE agrees to strictly comply with the requirements and obligation described in Exhibit B. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that any contractor of GRANTEE performing services related to this contract will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRAN I'EE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE shall be responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment, workers compensation, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or GRANTEE'S contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties; further, to the SAVNS Maintenance Grant (12 Months) FY 2012 Page 12 of 19 '49 ° Pg. Vol. g extent allowed by law, that GRANTEE and/or GRANTEE's contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of the actions or performance of GRANTEE or GRANTEE's contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of the GRANTEE, its employees, representatives, agents, or GRANTEE's contractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining the written consent from the OAG. This section is not intended and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. SAVNS Maintenance Grant (12 Months) FY 2012 Page 13 of 19 Vol. Pg. a= 11.8 No Grants to Certain Organizations. GRANTEE confirms that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. To the extent allowed by law, the Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas, This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, and to the extent allowed by law, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. To the extent allowed by law, GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above -named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, Including All Exhibits This contract, including all exhibits reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. Any exhibit mentioned in this contract that is attached is incorporated herein. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. SAVNS Maintenance Grant (12 Months) FY 2012 Page 14 of 19 Vol, I 49 Pg. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL Attorney General or designee Printed Name Date: SAVNS Maintenance Grant (12 Months) FY 2012 Page 15 of 19 BRAZOS COUNTY Printed Name Date: '?13D)11 Vol. gct pg. at EXHIBIT A SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2012 OAG Contract No. 1223981 Population Size: Large The OAG will reimburse GRANTEE for allowable SAVNS expenditures as follows: Event Cost for Jail Cost for Courts Maximum Number of Months Total Grant Funds SHALL NOT EXCEED Standard Maintenance Phase $26,333 $4,377 12 $30,710 Limitation of Liability of the OAG. The total liability of the OAG to GRANTEE for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG to the GRANTEE for expenses, if any. as set forth in this contract or arising out of any performance herein shall not exceed: THIRTY THOUSAND SEVEN HUNDRED TEN AND 00/100 ($30,710) Maximum Number of Months. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Maintenance Grant (12 Months) FY 2012 Page 16 of 19 at (9. Vol. 1 41 EXHIBIT B SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2012 OAG Contract No. 1223981 OAG CERTIFICATIONS AND ASSURANCES A. The Uniform Grant Management Standards ("UGMS"), Part III, Section .14; Promulgated by the Office of the Governor, State of Texas, Establish the following assurances applicable to recipients of state grant funds: (1) GRANTEE must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) GRANTEE must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) GRANTEE must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) GRANTEE must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) GRANTEE that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for receipt of grant funds. GRANTEE shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. SAVNS Maintenance Grant (12 Months) FY 2012 Page 17 of 19 Vol. 149 Pg. ai 3 8) GRANTEE must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. GRANTEE shall also ensure that all program personnel are properly trained and aware of this requirement. (9) GRANTEE will comply with all federal statutes relating to nondiscrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (F.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (0 the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3). as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) GRANTEE, as applicable, will comply, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub agreements. (1 I) GRANTEE, as applicable, will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) GRANTEE will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) GRANTEE will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) GRANTEE, as applicable, will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) GRANTEE, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. SAVNS Maintenance Grant (12 Months) FY 2012 Page 18 of 19 1*1 (16) GRANTEE, as applicable, will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EQ 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (17) GRANTEE, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) GRANTEE, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (19) GRANTEE, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) GRANTEE, as applicable, will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) GRANTEE, as applicable, will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) GRANTEE, as applicable, will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) GRANTEE, as applicable, will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) GRANTEE, as a signatory party to the grant contract, must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) GRANTEE must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann.. Sec. 85.001, et seq. SAVNS Maintenance Grant (12 Months) FY 2012 Page 19 of 19 Vol. [ In Pg. al 5 Texas Dept of Family and Protective Services Title RI -E Child Welfare Services Contract August 2011 Contract # 23940058 Form 2282cwwE THIS INTERLOCAL COOPERATION CONTRACT (Contract) is entered into by and between the Texas Department of Family and Protective Services (DFPS or Department) and Brazos (County), pursuant to the authority granted and incompliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. SECTION I. STATEMENT OF SERVICES TO BE PERFORMED A. Statement of Need DFPS is the single state agency responsible for the administration of Title IV -E of the Social Security Act related to Child Welfare Services and the Federal Payments for Foster Care and Adoption Assistance. In accordance with Government Code Section 40.0566, County Outreach Program, DFPS and the County desire to enter into this Contract to provide a mechanism to allow counties providing Title IV -E allowable services the opportunity to obtain federal funding. Under this Contract, allowable. services (Services) include the following as described herein and as qualified in 4000 Section of the Texas Department of Family and Protective Services Title IV -E Finance Handbook (Handbook), as currently in effect and as subsequently modified. The Handbook is incorporated herein by this reference: 1. Foster Care Maintenance Payments which are defined in Section 475(4), Social Security Act, as "payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child and reasonable travel to the child's home for visitation. In the case of institutional care, such term will include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence;" 2. Administrative Expenditures necessary for the proper and efficient administration of DFPS' Title IV -E State Plan as described in this Contract and as further described in 45 CFR 1356.60; and 3. Training Expenditures for: (i) the short term training of personnel employed or preparing for employment with DFPS or by the County administering portions of the Title IV -E State Plan described in this Contract; and/or (ii) short-term training of current or prospective foster parents and the members of the staff of DFPS-licensed or DFPS-approved childcare institutions providing care to foster children so as to increase their abilities to provide support and assistance to foster children. The County will ensure the establishment and maintenance of a Child Welfare Board within the County to, in accordance with Section 264.005, Texas Family Code, provide coordinated state and local public welfare services for children and their families. In addition, the establishment of the Child Welfare Board will serve to coordinate the use of federal, state, and local funds for the Services. B. Statement of Work 1. County's Responsibilities: Page 1 of 10 Vol. 14-9 Texas Dept of Family Title IV -E Child Welfare Services Contract and Protective Services August 2011 Form 2282cvovE a. The County will ensure the provision of allowable Title IV -E Services to children referred by DFPS in accordance with the Handbook; b. The County will establish and maintain a Child Welfare Board in accordance with Section 264.005, Texas Family Code. The members of the Child Welfare Board will serve a three year term on a rotating basis. Initially, the members will be designated to serve the following terms: 1/3 of the members appointed to three year terms; 1/3 of the members to a two year term; and 1/3 of the members to a one year term. In successive years, from two to five new members will be appointed. c. The County will ensure that the Child Welfare Board complies with the following requirements: (i) Assist DFPS in identifying and meeting the needs of the children in the County who are referred by DFPS; (ii) Serve in an advisory capacity to the County in the development of local policy to meet the needs of the children in the County referred by DFPS; (iii) Develop an estimated annual budget for the operations of child welfare services and recommend an estimated budget to the Commissioners' Court and appear in support of same at budget hearings; (iv) Authorize the expenditure of County funds and other special funds on behalf of the children in the County referred by DFPS; (v) Review on a monthly basis child welfare expenditures and receipts, as well as a summary of services delivered during the month; and (vi) Prescribe such bylaws, not inconsistent with the terms of this Contract and applicable State laws, as may be necessary or desirable to ensure the efficient operation of the Child Welfare Board. Such bylaws will be approved by written order of the Commissioners' Court. d. The County will provide the money required as match for federal funds under this Contract. In addition, the County will ensure that none of the money used as match will be federal dollars, either directly or indirectly. Furthermore, the County certifies that the money used as match has not been used to secure any other federal matching funds. e. The County will certify that the expenditures reported to DFPS on the 4116X, State of Texas Voucher (Billings) are allowable expenditures under Title IV -E. The County will be financially liable to DFPS for any and all audit exceptions identified for unallowable costs reported to DFPS in the County's Billings. f. The County acknowledges that a portion of the children referred by DFPS will be ineligible for Title IV -E for purposes of reimbursement under this Contract. To ensure the intent of Section 264.102, Texas Family Code is adhered to, the County will continue, and will allow the Child Welfare Board to continue, to provide child welfare services to this population of children. g. The County will participate in DFPS' financial and statistical reporting systems. h. Health and Safety Page 2 of 10 vol. tPg. a�7 Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282cwlvE and Protective Services August 2011 (i) To the extent permitted by law, the County will verify and disclose, or cause its employees and volunteers (including Child Welfare Board Members) to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety Code. This verification and disclosure will be required of child welfare board members and of all who have direct contact with children referred by DFPS; (ii) The County will prevent or promptly remove any employee or volunteer (including Child Welfare Board members) from direct child contact and/or from access to child records who is alleged to have committed an offense of abuse, neglect, or exploitation or an offense described in subsection (i), above; and (iii) The County will promptly report any suspected case of abuse, neglect, or exploitation to DFPS as required by Chapter 261, Texas Family Code. All reports must be made within 24 hours of the discovery of the abuse or neglect. The County may report this information to DFPS' Statewide Intake at 1-800-252-5400. Confidentiality J• (i) All information obtained, learned, developed, or filed by the County in connection with the Services provided under this Contract, including data contained in official Department files or records, will be held confidential by the County in accordance with applicable Federal and State laws, rules, and regulations. The County will not disclose confidential information to any person, organization, agency, or other entity except as authorized or required by law. The County will immediately notify the Department of all requests for information deemed confidential under this Contract. In the event the County is required by law to release confidential information, the County will notify the Department in writing, prior to releasing confidential information. (ii) Nothing in this Section will be deemed to preclude, prevent, or prohibit access to confidential information by the Department or Department designees. (iii) The provisions of this Section will remain in full force and effect following termination of, or cessation of the Services required by this Contract. The County will adhere to all the legal, programmatic, and administrative requirements identified in Section 2000 of the Handbook related to the Services to be provided under this Contract. k. The County will maintain financial, programmatic, and supporting documents developed under this Contract for a minimum of five years after the termination of the contract period. Contract period means the effective dates of the Contract as described in Section III, below; renewals are considered to be separate contract periods. I. The County will submit Service delivery reports required by DFPS or self -evaluations of performance and other reports requested by DFPS in an appropriate format and on a timely basis; and to the extent permitted or required by law, make available at reasonable times and for reasonable periods, children's records and other programmatic or financial Page 3 of 10 vol. ILO Pg. aw Texas Dept of Family and Protective Services Title IV -E Child Welfare Services Contract Form 2282CWivE August 2011 records, books, reports, and supporting documents for reviewing and copying by DFPS, the U.S. Department of Health and Human Services, or their authorized representatives. m. The County will allow DFPS and its representatives to monitor, audit, evaluate and otherwise review the Services provided under the Contract. In addition, the County will ensure that DFPS has access to all documentation and information related to the Services provided under this Contract. n. The County will not use any funding received under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. o. The County will require the Child Welfare Board to comply with all applicable terms of this Contract. p. FFATA Reporting. County must report to DFPS the data elements required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) and listed in q. if County is a recipient of a federal sub -award. No direct payment will be made to County for providing any reports required under these provisions, as the cost of producing such reports will be deemed included in the Contract price. The reporting requirements in q. are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes will be automatically incorporated into this Contract and shall become part of County's obligations under this Contract. DFPS may provide written notice to County of any such change in accordance with this Contract, but such notice will not be a condition precedent to County's duty to comply with revised OMB reporting requirements. q. Sub -Award Reporting. If County is a recipient of a federal sub -award, County will report to DFPS as set forth below unless otherwise exempted. All required information must be made publicly available according to federal law. Sub -award Information. A federal sub -award recipient will provide the following information to DFPS according to the timeframes communicated by the Department but no later than the end of the month following the month of award of a contract with a value of $25,000 or more, (and any modifications to these contracts that change previously reported data): a. Unique identifier (DUNS Number) for the Contractor receiving the award and for the Contractor's parent company, if the Contractor has a parent company. b. Name of the Contractor. c. Contractor's physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. d. Contractor's primary performance location including street address, city, state, and country. Also include the nine -digit zip code and congressional district. r. Officers' Total Compensation (Top 5). According to the timeframes communicated by the Department but no later than the end of the month following the month of a contract award, and annually thereafter, the County will report the names and total compensation of each of the five most highly compensated executives for the County's preceding completed fiscal year if — In the County's preceding fiscal year, the County received — a. 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and Vol. Page 4 of 10 JLfGf pg. aiq Texas Dept of Family and Protective Services Title IV -E Child Welfare Services Contract Form 2282cwv August 2011 b. $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and c. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.ciov/answers/execomp. htm.) r. Anti -Discrimination. Contractor agrees to comply with state and federal anti- discrimination laws, including without limitation: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d of seq.); (ii) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); (iii) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 of seq.); (iv) Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); (v) Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); (vi) Food Stamp Act of 1977 (7 U.S.C. §2011 et seq.); and (vii)The NHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. 1) Contractor agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. 2) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. 3) Contractor agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services will not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Page 5of10 vol. N9 pg. a ao Texas Dept of Family and Protective Services Title IV -E Child Welfare Services Contract Form 2282cwtvE August 2011 4) Upon request, Contractor will provide HHSC Civil Rights Office with copies of all of the Contractor's civil rights policies and procedures. 5) Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885 s. Fair Labor Standards Act. Contractor agrees to comply with the Fair Labor Standards Act (FLSA) (29 U.S.C. §201 et seq.) regarding minimum wages, overtime pay, recordkeeping, and child labor. t. CERTIFICATIONS. The certifications enumerated below represent material facts upon which DFPS relies when contracting. Both parties further agrees that each will provide immediate written notice to the other if at any time either party learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. Both parties acknowledge their continuing obligation to comply with the requirements of the following certifications: Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. Both parties certify, to the best of their knowledge and belief, that: a. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of either party, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. c. Both parties will require that the language of this certification be included in the award documents for subcontracts and that all subcontractors will certify and disclose accordingly. d. Payments of appropriated or other funds to each party under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. Page 6 of 10 1 `t� Pg. a a Vol. Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282cwivE and Protective Services August 2011 ii. Suspension, Ineligibility, and Voluntary Exclusion. In accordance with Executive Orders 12549 and 12689 regarding federal regulations on debarment, suspension, ineligibility, and voluntary exclusion, both parties certify the following: a. That each party is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. b. That each party will not knowingly enter into any subcontract with a person whe is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. c. That each party will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. Drug -Free Workplace Certification. Each party certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an ongoing drug -free awareness program to inform employees about— i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph t.iii.a.; d. Notifying the employee in the statement required by paragraph t.iii.a. that, as a condition of employment under the grant, the employee will— i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph t.iii.d.ii. from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph t.iii.d.ii. with respect to any employee who is so convicted — Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 7 of 10 Vol. Texas Dept of Family and Protective Services Title IV -E Child Welfare Services Contract Form 2282cwwe August 2011 ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; iii. Making a good faith effort to continue to maintain a drug -free workplace. 2. DFPS' Responsibilities: a. DFPS will refer children to the Child Welfare Board for Services; b. DFPS will provide the County with a list of IV -E eligible children in the County for Billing purposes; and c. DFPS will process and pay the federally reimbursable portion of County -certified IV -E allowable expenditures identified on the 4116X, State of Texas Purchase Voucher in accordance with the terms of this Contract. SECTION II. BASIS FOR CALCULATING PAYMENT OBLIGATIONS A. Budget Documents: 1. The amount of the Title IV -E federally reimbursable portion of this Contract is based on the Budget Documents attached hereto as Exhibit "II" entitled Budget for Title IV -E County Contracts, Form 2030CwivE, which includes Attachments "A", "B", and "C" (Budget Documents). Exhibit "II" and its corresponding attachments are incorporated herein by this reference. 2. The Budget Documents should be amended for each fiscal year with the written agreement of the contract manager for DFPS. If the Contract is automatically renewed, and if the parties have not agreed to amended Budget Documents, the Budget Documents are also renewed without amendment but may be later amended by agreement of the County and DFPS. 3. If the County is going to include indirect costs as part of its Billings, the Contract will include by reference either (a) the County's approved Indirect Cost Agreement with the Federal Government; or (b) appropriate documentation certifying the County's official indirect cost rate. B. This Contract is at all times contingent upon the availability and receipt of federal funds. C. Billing Requirements: 1. The County will submit Billings in an accurate and timely manner for each quarter by the end of the following quarter. Billings must be submitted with all documentation necessary to support the expenditures contained in the Billings. 2. DFPS will notify the County within 30 days of Billings that are inadequately documented, appear to be unallowable in whole or in part, or are not in accordance with the Budget Documents for the Contract. 3. If the quarterly Billings for the County average or are expected to average less than $1,000 per quarter, the County may request, and the contract manager for DFPS may grant written permission to submit Billings on an annual basis with the Billing for each quarter submitted and Page 8 of 10 vol. 14 9 Pg. a a3 Texas Dept of Family and Protective Services Title IV -E Child Welfare Services Contract Form 2282cwivE August 2011 documented separately but at the same time before the end of the first quarter of the following fiscal year. 4. Any Billing or amended Billing which is submitted to DFPS later than 7 quarters after the end of the quarter of the expense will not be processed by DFPS unless DFPS determines, in DFPS' sole discretion, that DFPS is able to submit the bill to the federal government for payment in a proper and timely fashion. SECTION III. TERM OF CONTRACT This Contract will be in force effective October 1, 2011 through September 30.2012. This Contract will automatically renew for one fiscal year at a time through SeOtennber 30 2018, unless terminated sooner. SECTION IV. INCORPORATION BY REFERENCE. The following instruments are incorporated into the contract for all purposes and are on file with the Department, the Contractor, and subcontractor(s): A. Cost Allocation Plan and supporting narrative, if applicable B. Form 2031, Signature Authority Designation C. Copy of approved Indirect Cost Agreement, if applicable D. Form 4734, Federal Funding Accountability and Transparency Act (FFATA) Certifications E. Other forms as needed SECTION V. MODIFICATIONS A. This Contract contains the entire understanding of the parties and supersedes all previous discussions, proposals, or agreements between DFPS and the County. B. This Contract may be modified by executing a formal written amendment signed by both DFPS and the County. SECTION VI. TERMINATION A. If the County fails to provide services according to the terms of this Contract, DFPS may, upon written notice of default to the County, terminate all or any part of the Contract. Termination is not necessarily an exclusive remedy but will be in addition to any other rights and remedies provided under this Contract, B. DFPS, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions including, but not limited to: 1. Requiring the County to take specific corrective actions in order to remain in compliance with any contractual term, 2. Recouping payments made to the County or imposing administrative error sanctions based on audit findings of violations of Contract requirements, and Page 9 of 10 Vol. 149 pg. `T Texas Dept of Family and Protective Services Title IV -E Child Welfare Services Contract Form 2282cwivE August 2011 3. Suspending, placing into abeyance, or removing any contractual rights to include, but which are not limited to, withholding of payment. C. This Contract may be terminated at any time by mutual consent. In addition, either party may consider the Contract to be canceled by giving thirty (30) days notice to the other party. This Contract will be terminated at the end of the thirty (30) day period. This Contract will otherwise terminate by the date specified pursuant to Section III, above. SECTION VII. CERTIFICATIONS By executing this Contract, the undersigned parties bind themselves to the faithful performance of this Contract and certify their authority to enter into this Contract. Texas Department of Family and Protective Services Brazos County Signature Printed Name: Shelia Brown Printed Title: Regional Director Date Signature Printed Name: Duane Peters Printed Title: County Judge Date sp) Page 10 of 10 vol. F +9 pg. d 0).5 Texas Dept. of Family and Protective Services FFATA Certifications Form 4734 March 2011 The Federal Funding Accountability and Transparency Act (FFATA) certifications enumerated below represent material facts upon which DFPS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to OFFS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signer cannot certify all of the statements contained in this section, Signer must provide written notice to DFPS detailing which of the below statements it cannot certify and Enter Your Dun & Bradstreet (D&B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? - Yes ❑ No N/A (if entity does not generate income) If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No" or N/A, answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? _J Yes ® No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation [17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes No El N/A (if entity reports through some other means, state how: Annual Budget) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If N/A, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. I of 2 aate `T 1-_ PS• Texas Dept. of Family and Protective Services FFATA Certifications Form 4734 March 2011 As the duly authorized representative (Signatory) of the Contractor named below, I hereby certify that the responses that I have provided to the questions in this certification form are true, complete and correct to the bestf y knowledge. Duane Peters Printed Name of Authorized Representative Signature of Authorized Representative County Judge Title of Authorized Representative g/30/// Date Brazos County Legal Name of Contractor 23940058 Contract Number 2 of 2 Vol. I 49 Pg_ aa7 Texas Dept. of Family and Protective Services Signature Authority Designation Form 2031 April 2011 All Contractors/Potential Contractors are required to fill out and submit this form. Completion of this form designates signature authority for Contractor: Brazos County The Contractor may attach a document or letter designating signature authority, including the signature authority's name and title, or verify that the signature below is the only signature authority designated for contracting with DFPS. ❑ Document attached (e.g., from the contractor's governing body) ® Signature used below is the signature authority for the Contractor The Contractor understands that there is an ongoing duty to notify DFPS in writing of any change to signature authority during the term of the contract with DFPS. The Contractor verifies that the attached document or signature below is a complete, true, and correct representat of signature - orit Duane Peters Printed Name Signatur- of Authorized Representative County Judge Title of Authorized Representative Brazos County Legal Name of Contractor/Potential Contractor Date 23940058 Contract or Procurement Number The Designated Signature Authority, as referenced above, must authorize in writing the delegation of signature authorities to any additional person(s) to approve and sign contract documents. The Contractor must use the supplied attachment(s) provided by DFPS to capture further delegation information. Both the printed name and signature is required for each authorized individual. Vol. i 4 pg. aaff PCs -3 u 1 June 201 1 DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Additional Authorized Signature Designation Contractor's Name & Mailing Address: Brazos County 200 South Texas Avenue , Ste. 218 Bryan, Texas Date: Program Name & Contract Number: Child Welfare Services - #23940058 Designation of Contract Signatories The agency's contract signatory, as referenced on the Signature Authority Designation (form 2031), for the above listed program contract has authorized the following person(s) listed below to approve and sign on the contract functions as indicated. Please note that both the printed name and signature is required for each authorized individual. Katie Conner County Auditor Financial Officer /4y - -434" Printed Name Printed Name Printed Name Printed Name Title Title Title Title Printed Name Title Function Signature Function Signature Function Signature Function Signature Function Signature Certification of Designation I certify that the person(s) indicated above are designated as "Authorized Official(s)" for the purpose stated and that the signatures are valid. I further understand that it is my responsibility to immediately notify the Division of Regional CPS Contracts in vtrriting Qf any ci an es-te4he above list. Duane Peters, County Judge Printed or Typed Name & Title of Contract Signatory Signature Vol. 49 Pg aa9 Texas Dept. of Family and Protective Services Budget for Title IV -E County Child Welfare Services Contract Form 2030C'vVIVE December 2010 Summary County: Contract Number: Budget Effective Date: Brazos 23940058 1011111 to 9/30/12 Cost Category Estimated Total Expenses Allocable to Title IV -E Total Anticipated Federal Reimbursement* Total Anticipated County Match A. Administration A.1. Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.5. Direct Equipment $0.00 $0.00 $0.00 A.S. Direct Other Costs $0.00 $0.00 $0.00 Total Administration $0.00 $0.00 $0.00 B. Training 6.1. Title IV -E Training (75%) $1,199.00 $415.04 $783.96 B.2. Title IV -E Fostering Connections Training (65%) $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training (50%) $0.00 $0.00 $0.00 Total Training $1,199.00 $415.04 $783.96 C. Supplemental Foster Care Maintenance (SFCM) Total SFCM $6,700.00 $4,057.52 $2,642.48 D. Indirect Costs (if applicable) Indirect Cost Base ] $0.00 $0.00 $0.00 Grand Total $6,700.00 $4,057.52 $2,642.48 *Estimated Federal Reimbursement for expenses based on Eligible during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county expenses were incurred. * Estimated Federal Reimbursement for Supplemental Foster based on Federal Medicaid Assistance Percentage (FMAP) rate year: Actual reimbursement will be based on FMAP rate in effect at the contractor. Indirect Cost Rate, if applicable (attach a copy of the approved Contractor Certification Population during the month Care Maintenance in effect during time reimbursement Certificate of Indirect Rate (EPR) in which expenses preceding fiscal is made to Costs): 46.154% 60.560°./0 Signature Duane Peters, County Judge Printed Name & Title Date vol. 141' Pg Z30 * estimated amount allocable to Title IV -E C Total Training LCrimes Against Children Confl NOTE: Form 9321 Training Expense Documentation Form must be submitted to DFPS for review/approval by Federal Funds prior to training. Training (Description and Title) County: Brazos Contract Number: 23940058 Budget Effective Date: 10/1/11 to 9/30/12 B. Training B.1. Title IV -E Training (75%) $450.00 Registration* (amount allocable to Title IV -E) £fl O CS1 O O Lodging* (amount allocable to Title IV -E) $144.00) Meals* (amount allocable to Title IV -E) 69 N) O O O O Transport- ation* (amount allocable to Title IV -E) 69 O O 69 O O 69 O CD 69 O O ffl O O Ell O O ffl O O 4/9 CD CD O Subtotal y Number of Employees Attending 69 CD O 0 O O O O 0 O O O O O C7 O O 69 CD O Estimated Total Expense* -+ CSI .p 0 o CA O 0 Hi O 0 fA CD 0 69 0 0 69 C 0 69 O 0 $415.04 Anticipated Federal Reimbursement (estimated EPR x 75% FFP) b9 CO o 0 0 0 o C0 0 0 O 0 0 0 O CD by4 co in Anticipated County Match ai c x x -o m o p m m ;u CD 'Cl :D 3 m N Texas Dept. of Family and Protective Services Budget for Title IV -E County Child Welfare Services Contract Form 2030CWIVE December 2010 C. Supplemental Foster Care Maintenance (SFCM) County: Contract Number: Budget Effective Date: Brazos 23940058 10/1/11 to 9/30/12 Other Costs (description and basis of cost) Estimated Total Expense* Anticipated Federal Reimbursement (estimated FMAP) Anticipated County Match Allowances $0.00 $0.00 Clothing $5,000.00 $3,028.00 $1,972.00 Day Care (limited) $500.00 $302.80 $197.20 Gifts $250.00 $151.40 $98.60 Graduation Expenses $250.00 $151.40 $98.60 Personal Items $100.00 $60.56 $39.44 School Supplies $200.00 $121.12 $78.88 Reasonable Child Specific Travel $100.00 $60.56 $39.44 Birth Certificates $200.00 $121.12 $78.88 Medical expense/Prescriptions $100.00 $60.56 $39.44 Total Direct Other Costs $6,700.00 $4,057.52 $2,642.48 estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding. allowable expenses. documentation requirements, etc. http:i/www.dfps.state.tx.usihandbooksiTitle IVE Countvidetault.jsn vol. 1 ttcr pg. a3a Texas Dept. of Family Budget for Title IV -E and Protective Services December 2010 County Child Welfare Services Contract Form 2030CWIVE Budget Narrative County: Contract Number: Budget Effective Date: Brazos 23940058 0/1/11 to 9/30112 Clearly describe each expense to be incurred and billed to this contract. Refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements etc. http:/.iwww.dfpsstate.tx.usihandbooksiTitle lVE County/defaultisp A. Administration A.1. Direct Personnel Salaries A.2. Direct Personnel Fringe Benefits A.3. Direct Personnel Travel A.4. Direct Materials and Supplies A.5. Direct Equipment A.6. Direct Other Costs B. Training B.1. Title IV -E Training (75%) Crimes Against Children Conference for CPS staff B.2. Title IV -E Fostering Connections Training (65%) B.3. Non -Title IV -E Training (50%) Vol. a33 Texas Dept. of Family Budget for Title IV -E Form 2030CWIVE and Protective Services December 2010 County Child Welfare Services Contract C. Supplemental Foster Care Maintenance (SFCM) Allowable expenses directly related to the IV -E elgible children to include clothing, birth certificates, medical expenses/prescriptions, personal items, school items, day care, or travel for children D. Indirect Costs (if applicable) Vol. �-� Pg. d34 Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Contract # 23940059 Form 2282CLIvE August 2011 THIS INTERLOCAL COOPERATION CONTRACT (Contract) is entered into by and between the Texas Department of Family and Protective Services (DFPS or the Department) and Brazos (County), pursuant to the authority granted and incompliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. SECTION 1. STATEMENT OF SERVICES TO BE PERFORMED A. Statement of Need DFPS is the single state agency responsible for the administration of Title IV -E of the Social Security Act related to Child Welfare Services and the Federal Payments for Foster Care, Extended Foster Care and Adoption Assistance. In accordance with Government Code Section 40.0566, County Outreach Program, DFPS and the County desire to enter into this Contract to provide a mechanism to allow counties providing Title IV - E allowable services the opportunity to obtain federal funding. DFPS will make IV -E funds available to counties to increase the amount of legal staff and services available to process child welfare cases. "Legal services" are activities performed by attorneys, paralegals, investigators, and clerical or other legal support staff on behalf of the county, in accordance with professional legal judgment, pertaining to children who have been abused or neglected or placed in out -of -home care or children at risk of placement in out -of -home care, including pursuing terminations of parental rights and otherwise assisting children in achieving permanence. Under this Contract, allowable services include the following as described herein and as qualified in 5000 Section of the Texas Department of Family and Protective Services Title IV -E Finance Handbook (Handbook), as currently in effect and as subsequently modified. The Handbook is incorporated herein by this reference: 1. Costs directly related to the administration of the foster care program and extended foster care are deemed allowable if they are necessary and reasonable, incurred while providing proper and efficient services to Title IV -E eligible children, and are in accordance with OMB A-87, 45 CFR §95.507, and 45 CFR §1356.60(c). 2. Training Expenditures for Title IV -E training costs associated with attending or participating in IV -E approved training. B. Statement of Work 1. County's Responsibilities: a. The County will assist the Department in providing fair, adequate and expeditious judicial determinations regarding children eligible for services under Subtitle IV -E of the Social Security Act. Such services will be in accordance with the attached Cost Allocation Plan and with Subtitle IV -E of the Social Security Act. The County will ensure the provision of allowable Title IV -E Services to children referred by DFPS in accordance with the Handbook; b. The County will comply with the following requirements: (i) Assist DFPS in identifying and meeting the needs of the children in the County who are referred by DFPS; Vol. Page 1 of 9 `►' I pg. (),55 Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282cuvE August 2011 (ii) Develop an estimated annual budget for the operations of child welfare services and recommend an estimated budget to the Commissioners' Court and appear in support of same at budget hearings; (iii) Authorize the expenditure of County funds and other special funds on behalf of the children in the County referred by DFPS and; (iv) Review on a monthly basis child welfare expenditures and receipts, as well as a summary of services delivered during the month. c. The County will provide the money required as match for federal funds under this Contract. In addition, the County will ensure that none of the money used as match will be federal dollars, either directly or indirectly. Furthermore, the County certifies that the money used as match has not been used to secure any other federal matching funds. d. The County will certify that the expenditures reported to DFPS on the 4116X, State of Texas Voucher (Billings) are allowable expenditures under Title IV -E. The County will be financially liable to DFPS for any and all audit exceptions identified for unallowable costs reported to DFPS in the County's Billings. e. The County will participate in DFPS' financial and statistical reporting systems. f. Health and Safety g. (i) To the extent permitted by law, the County will verify and disclose, or cause its employees and volunteers (including Child Welfare Board Members) to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety Code. This verification and disclosure will be required of child welfare board members and of all who have direct contact with children referred by DFPS; (ii) The County will prevent or promptly remove any employee or volunteer (including Child Welfare Board members) from direct child contact and/or from access to child records who is alleged to have committed an offense of abuse, neglect, or exploitation or an offense described in subsection (i), above; and (iii) The County will promptly report any suspected case of abuse, neglect, or exploitation to DFPS as required by Chapter 261, Texas Family Code. All reports must be made within 24 hours of the discovery of the abuse or neglect. The County may report this information to DFPS' Statewide Intake at 1-800-252-5400. Confidentiality (I) All information obtained, learned, developed, or filed by the County in connection with the Services provided under this Contract, including data contained in official Department files or records, will be held confidential by the County in accordance with applicable Federal and State laws, rules, and regulations. The County will not disclose confidential information to any person, organization, agency, or other entity except as authorized or required by law. The County will immediately notify the Department of all requests for information deemed confidential under this Contract. In the event the County is required by law to release confidential information, the County will notify the Department in writing, prior to releasing confidential information. Page 2 of 9 Vol. I 49 pg. Z34, Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282CLJVE August2011 (ii) Nothing in this Section will be deemed to preclude, prevent, or prohibit access to confidential information by the Department or Department designees. (iii) The provisions of this Section will remain in full force and effect following termination of, or cessation of the Services required by this Contract. h. The County will adhere to all the legal, programmatic, and administrative requirements identified in Section 2000 of the Handbook related to the Services to be provided under this Contract. i. The County will maintain financial, programmatic, and supporting documents developed under this Contract for a minimum of five years after the termination of the contract period. Contract period means the effective dates of the Contract as described in Section III, below; renewals are considered to be separate contract periods. 1 The County will submit Service delivery reports required by DFPS or self -evaluations of performance and other reports requested by DFPS in an appropriate format and on a timely basis; and to the extent permitted or required by law, make available at reasonable times and for reasonable periods, children's records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by DFPS, the U.S. Department of Health and Human Services, or their authorized representatives. k. The County will allow DFPS and its representatives to monitor, audit, evaluate and otherwise review the Services provided under the Contract. In addition, the County will ensure that DFPS has access to all documentation and information related to the Services provided under this Contract. I. The County will not use any funding received under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. m. Contractor agrees to comply with state and federal anti -discrimination laws, including without limitation: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); (ii) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); (iii) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); (iv) Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); (v) Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); (vi) Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); and (vii)The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. 1) Contractor agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. 2) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or Page 3 of 9 Vol. 1 10 Pg. X37 Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 22820LIVE August 2011 have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. 3) Contractor agrees to comply with Executive Order 13279, and it's implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services will not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. 4) Upon request, Contractor will provide HHSC Civil Rights Office with copies of all of the Contractor's civil rights policies and procedures. 5) Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 515' Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885 n. Contractor agrees to comply with the Fair Labor Standards Act (FLSA) (29 U.S.C. §201 et seq.) regarding minimum wages, overtime pay, recordkeeping, and child labor. o. FFATA Reporting. County must report to DFPS the data elements required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) and listed in q. if County is a recipient of a federal sub -award. No direct payment will be made to County for providing any reports required under these provisions, as the cost of producing such reports will be deemed included in the Contract price. The reporting requirements in q. are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes will be automatically incorporated into this Contract and shall become part of County's obligations under this Contract. DFPS may provide written notice to County of any such change in accordance with this Contract, but such notice will not be a condition precedent to County's duty to comply with revised OMB reporting requirements. P. Sub -Award Reporting. If County is a recipient of a federal sub -award, County will report to DFPS as set forth below unless otherwise exempted. All required information must be made publicly available according to federal law. Page 4 of 9 vol. 1 49 pg. a 3g Texas Dept of Family and Protective Services q. State of Texas Title IV -E County Legal Services Contract Form 2282CLivE August 2011 Sub -award Information. A federal sub -award recipient will provide the following information to DFPS according to the timeframes communicated by the Department but no later than the end of the month following the month of award of a contract with a value of $25,000 or more, (and any modifications to these contracts that change previously reported data): a. Unique identifier (DUNS Number) for the Contractor receiving the award and for the Contractor's parent company, if the Contractor has a parent company. b. Name of the Contractor. c. Contractor's physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. d. Contractor's primary performance location including street address, city, state, and country. Also include the nine -digit zip code and congressional district. Officers' Total Compensation (Top 5). According to the timeframes communicated by the Department but no later than the end of the month following the month of a contract award, and annually thereafter, the County will report the names and total compensation of each of the five most highly compensated executives for the County's preceding completed fiscal year if — In the County's preceding fiscal year, the County received — a. 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and b. $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and c. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://wwvv.sec.00v/answers/execomo.htm.) r. CERTIFICATIONS. The certifications enumerated below represent material facts upon which DFPS relies when contracting. Both parties further agrees that each will provide immediate written notice to the other if at any time either party learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. Both parties acknowledge their continuing obligation to comply with the requirements of the following certifications: Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. Both parties certify, to the best of their knowledge and belief, that: a. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of either party, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, Page 5 of 9 vol. i49 pg. a3� Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282CuvE August 2011 loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. c. Both parties will require that the language of this certification be included in the award documents for subcontracts and that all subcontractors will certify and disclose accordingly. d. Payments of appropriated or other funds to each party under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. ii. Suspension, Ineligibility, and Voluntary Exclusion. in accordance with Executive Orders 12549 and 12689 regarding federal regulations on debarment, suspension, ineligibility, and voluntary exclusion, both parties certify the following: a. That each party is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. b. That each party will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. c. That each party will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. iii. Drug -Free Workplace Certification. Each party certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an ongoing drug -free awareness program to inform employees about— i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph t.iii.a..; d. Notifying the employee in the statement required by paragraph r.iii.a. that, as a condition of employment under the grant, the employee will— i. Abide by the terms of the statement; and ii_ Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph r.iii.d.ii. from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a Page 6 of 9 Vol. 146f Pg. ado Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282cLIVE August 2011 central point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph r.iii.d.ii. with respect to any employee who is so convicted— i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; iii. Making a good faith effort to continue to maintain a drug -free workplace. 2. DFPS' Responsibilities: a. DFPS will provide the County with the child population rate each quarter; and b. DFPS will process and pay the federally reimbursable portion of County -certified IV -E allowable expenditures identified on the 4116X, State of Texas Purchase Voucher in accordance with the terms of this Contract. SECTION II. BASIS FOR CALCULATING PAYMENT OBLIGATIONS A. Budget Documents: 1. The amount of the Title IV -E federally reimbursable portion of this Contract is based on the Budget Documents attached hereto as Exhibit "II" entitled Budget for Title IV -E County Contracts, Form 2030CLIVE, which includes Attachments "A" and "B" (Budget Documents). Exhibit "II" and its corresponding attachments are incorporated herein by this reference. 2. The Budget Documents should be amended for each fiscal year with the written agreement of the contract manager for DFPS. If the Contract is automatically renewed, and if the parties have not agreed to amended Budget Documents, the Budget Documents are also renewed without amendment but may be later amended by agreement of the County and DFPS. 3. If the County is going to include indirect costs as part of its Billings, the Contract will include by reference either (a) the County's approved Indirect Cost Agreement with the Federal Government; or (b) appropriate documentation certifying the County's official indirect cost rate. B. This Contract is at all times contingent upon the availability and receipt of federal funds. C. Billing Requirements: 1, The County will submit Billings in an accurate and timely manner for each quarter by the end of the following quarter. Billings must be submitted with all documentation necessary to support the expenditures contained in the Billings. 2. DFPS will notify the County within 30 days of Billings that are inadequately documented, appear to be unallowable in whole or in part, or are not in accordance with the Budget Documents for the Contract. Page 7 of 9 vol. I el pg. cal- Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282cuVE August 2011 3. If the quarterly Billings for the County average or are expected to average less than $1,000 per quarter, the County may request, and the contract manager for DFPS may grant written permission to submit Billings on an annual basis with the Billing for each quarter submitted and documented separately but at the same time before the end of the first quarter of the following fiscal year. 4. Any Billing or amended Billing which is submitted to DFPS later than 7 quarters after the end of the quarter of the expense will not be processed by DFPS unless DFPS determines, in DFPS' sole discretion, that DFPS is able to submit the bill to the federal government for payment in a proper and timely fashion. SECTION III. TERM OF CONTRACT This Contract will be in force effective October 1, 2011 through September 30, 2012 and will automatically renew for one fiscal year at a time through September 30, 2018, unless terminated sooner. SECTION IV. INCORPORATION BY REFERENCE. The following instruments are incorporated into the contract for all purposes and are on file with the Department, the Contractor, and subcontractor(s): A. Cost Allocation Plan and supporting narrative, if applicable B. Form 2431, Signature Authority Designation C. Copy of approved Indirect Cost Agreement, if applicable D. Form 4734, Federal Funding Accountability and Transparency Act (FFATA) Certifications E. Other forms as needed SECTION V. MODIFICATIONS A. This Contract contains the entire understanding of the parties and supersedes all previous discussions, proposals, or agreements between DFPS and the County. B. This Contract may be modified by executing a formal written amendment signed by both DFPS and the County. SECTION VI. TERMINATION A. If the County fails to provide services according to the terms of this Contract, DFPS may, upon written notice of default to the County, terminate all or any part of the Contract. Termination is not necessarily an exclusive remedy but will be in addition to any other rights and remedies provided under this Contract. B. DFPS, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions including, but not limited to: 1. Requiring the County to take specific corrective actions in order to remain in compliance with any contractual term, Page S of 9 vol. 1 4 Pg a a Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282CLIVE August 2011 2. Recouping payments made to the County or imposing administrative error sanctions based on audit findings of violations of Contract requirements, and 3. Suspending, placing into abeyance, or removing any contractual rights to include, but which are not limited to, withholding of payment. C. This Contract may be terminated at any time by mutual consent. in addition, either party may consider the Contract to be canceled by giving thirty (30) days notice to the other party. This Contract will be terminated at the end of the thirty (30) day period. This Contract will otherwise terminate by the date specified pursuant to Section Ill, above. SECTION VII. CERTIFICATIONS By executing this Contract, the undersigned parties bind themselves to the faithful performance of this Contract and certify their authority to enter into this Contract. Texas Department of Family and Protective Services Signature Printed Name: Shelia Brown Printed Title: Regional Director Brazos County Signature Printed Name: Duane Peters Printed Title: County Judge Date Date g),3O/1( Page 9 of 9 vol. 14.`k pg. z'�3 Texas Dept. of Family and Protective Services FFATA Certifications Form 4734 March 2011 The Federal Funding Accountability and Transparency Act (FFATA) certifications enumerated below represent material facts upon which DFPS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signer cannot certify all of the statements contained in this section, Signer must provide written notice to DFPS detailing which of the below statements it cannot certify and why. Enter Your Dun & Bradstreet (D&B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No ® N/A (if entity does not generate income) If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No" or N/A, answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards, Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? n Yes ® No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation 117 CFR 229.402(c)(2)J of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes U No ® N/A (if entity reports through some other means, state how: Annual Budget) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If N/A, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. 1 of 2 vol. Lt1 Texas Dept. of Family and Protective Services FFATA Certifications Form 4734 March 2011 As the duly authorized representative (Signatory) of the Contractor named below, I hereby certify that the responses that I have provided to the questions in this certification form are true, complete and correet-to the bes nowiedae, Duane Peters Printed Name of Authorized Representative Si ture of Aut rized Representative County Judge ¶f 'o J i i Title of Authorized Representative Date Brazos County 23940059 Legal Name of Contractor Contract Number Vol. 2 of 2 I t pg. 245 Texas Dept. of Family and Protective Services Signature Authority Designation Form 2031 April 2011 All Contractors/Potential Contractors are required to fill out and submit this form. Completion of this form designates signature authority for Contractor: Brazos County The Contractor may attach a document or letter designating signature authority, including the signature authority's name and title, or verify that the signature below is the only signature authority designated for contracting with DFPS. ❑ Document attached (e.g., from the contractor's governing body) ® Signature used below is the signature authority for the Contractor The Contractor understands that there is an ongoing duty to notify DFPS in writing of any change to signature authority during the term of the contract with DFPS. The Contractor verifies that the attached document or signature below is a complete, true, and correct representati rr l f signatthority. County Judge Title of Authorized Representative Brazos County Legal Name of Contractor/Potential Contractor Contract or Procurement Number Signature of Authorized Representative Date 23940059 41',3D)/ The Designated Signature Authority, as referenced above, must authorize in writing the delegation of signature authorities to any additional person(s) to approve and sign contract documents. The Contractor must use the supplied attachment(s) provided by DFPS to capture further delegation information. Both the printed name and signature is required for each authorized individual. vol. 149 pg. bg-+IY PCS-301 June 20 H 1 DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Additional Authorized Signature Designation Contractor's Name & Mailing Address: Date: Brazos County 200 South Texas Avenue, Ste. 218 Bryan, Texas 77803 Program Name & Contract Number: Legal Services - #23940059 Designation of Contract Signatories The agency's contract signatory, as referenced on the Signature Authority Designation (form 2031), for the above listed program contract has authorized the following person(s) listed below to approve and sign on the contract functions as indicated. Please note that both the printed name and signature is required for each authorized individual. Katie Conner County Auditor Financial Officer ( ", --/--- (L/(-)gAti-- Printed Name Title Function Signature Printed Name Printed Name Title Title Printed Name Title Printed Name Title Function Signature Function Signature Function Function Certification of Designation Signature Signature I certify that the person(s) indicated above are designated as "Authorized Official(s)" for the purpose stated and that the signatures are valid. I further understand that it is my responsibility to immediately notify the Division of Regional CPS Contracts in r�vrittng\of any changes to the above list. Signature Duane Peters, County Judge Printed or Typed Name & Title of Contract Signatory NI Texas Dept. of Family and Protective Services Budget for Title IV -E County Legal Services Contract Form 2030CLIVE December 2010 Summary County: Contract Number: Budget Effective Date: Brazos 23940059 10/1/2011-9/30/2012 Cost Category g Estimated Total Expenses Allocable to Title IV -E Total Anticipated Federal Reimbursement* Total Anticipated County Match A. Administration A.1. Direct Personnel Salaries $174,916.44 $40,365.47 $134,550.97 A.2. Direct Personnel Fringe Benefits $69,513.99 $16,041.74 $53,472.25 A.3. Direct Personnel Travel $250.00 $57.69 $192.31 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.5, Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $10,500.00 $860.68 $9,639.33+ Total Administration $255,180.43 $57,325.58 $197,854.85 B. Training 8.1. Title IV -E Training (75%) $2,788.00 $965.08 $1,822.92 8.2. Title IV -E Fostering Connections Training (65%) $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training (50%) a $0.00 $0.00 $0.00 Total Training $2,788.00 $965,08 $1,822.92 C. Indirect Costs (if applicable) Total Indirect Costs' $0.00 $0.00 $0.00 Grand Total $257,968.43 $58,290,66 $199,677.77 *Estimated Federal Reimbursement for expenses based on during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county expenses were incurred. Indirect Cost Rate, if applicable (attach a copy of the approved (-`\ Contractor Certification Eligible Population during the month Certificate of Rate (EPR) in which Indirect Costs): 2)3,o//, 46.154% 11,350% Signature Duane Peters, County Judge Date Printed Name & Title Z �* o .T. Q m `D CO N v CD O = (n 0 oo C) c� rla g O- m o o o a) c� ill CD C C2 1O 0 2 a) co CD a) Q co a) O Q - c CD CD CD CI) 0 C) C 3 CD O C CD 2 CD cD salt!Aitoe Job Ism letoi patewl;sa., Total Direct Personnel Salaries FRay Thomas - Assistant DA Kristie Ponzio - Legal Admin Secretari Tiffany Davenport - Legal Assistant Andrea James - Assistant DA O cn O CD County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2011-9/30/2012 Administration A.1. Direct Personnel Salaries Cr) CO W 0) o $3,476.52 N P 6) 43 CO — CD -4 Monthly Salary N 1 O O 1 O O p 1 O CD o of Time Spent, on IV -E Activities CO 1 N.) 1 N.) 1 N.) 1 N) Number of Months of Service a " $174,916.44 O O O O — O O O 'J oc) -A $32,927.76 69 A N O .Ja Estimated Total Expense' (AxBxC) v -69 0 (.) 0) CI" -! fA O O fA O O w --,J O 1 44. (..0 69 Ni N.) $7,598.74 $19,437.771 Anticipated Federal Reimbursement (estimated EPR x 50% FFP) m $134,550.97 cf) O O 4A O O 69 N 0) co Cyy) N co Q Co Ni CSI N.) cc) O $64.792.271 Anticipated County Match "T1 C) O CO r C (D O- cia a) r$ N 0 CD -, CD tD CT a O m c, ,4- 00 ro 3 m 3 o m o n 0 r o m Vol. 1 41 pg. 24q I Texas Dept. of Family and Protective Services Budget for Title IV -E County Legal Services Contract Form 2030CLIVE December 2010 Administration A.2. Direct Personnel Fringe Benefits County: Contract Number: Budget Effective Date: Brazos 2394Q059 10/1/2011-9/30/2012 Type of Fringe Benefits Estimated Total Expense* Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match FICA - 7.65% 174916/12 = 14576 $13,380.77 $3,087.88 $10,292.89 Workers Comp - 0.144% $251.87 $58.12 $193.75 Retirement - 12.37% $21,636.61 $4,993.08 $16,643.53 Medical & Life Insurance ($8310/person/annual) $33,240.00 $7,670.79 $25,569.21 Dental ($120/person/annual) $480.00 $110.77 $369.23 Unemployment - 0.30% $524.74 $121.09 $403.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Personnel Fringe Benefits $69,513.99 $16,041.74 $53,472.25 *estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http://www.dfps.state.tx.us/handbooks/Title_IVE_County/default,jsp Vol. 1141 Pg. ,99-6D Texas Dept. of Family and Protective Services Budget for Title IV -E County Legal Services Contract Form 2030CLIVE December 2010 muminisiration A.3. Direct Personnel Travel County: Contract Number: Budget Effective Date: Brazos 23940059 10/1/2011-9/30/2012 Type of Travel Expense Note: only include travel NOT related to personnel Estimated Total Expense` Anticipated Federal Reimbursement (estimated ERR x 50% FFP) Anticipated County Match training Mileage (to and from court locations) $250.00 $57.69 $192.31 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Personnel Travel $250.00 $57.69 $192.31 *estimated total cost for Title IV -E related activities Note: Please refer to Title 1V -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http://www.dfps.state.tx. us/handbooks/Title_IVE_County/default.jsp Please refer to the Texas State Comptroller's office for current mileage rates. https://fmx.cpa.state.tx. us/fmx/travel/textravel/trans/personal. php Vol. Pg.8' Texas Dept. of Family and Protective Services Budget for Title IV -E County Legal Services Contract Farm 2030CL1VE December 2010 Administration A.G. Direct Other Costs County: Contract Number: Budget Effective Date: Brazos 23940059 10/1/2011-9/30/2012 Other Costs (descriptionand basis of cost) Estimated Total Expense Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match Court Reporter Transcripts $750.00 $173,08 $576.92 Citation of Publication $500.00 $115.39 $384.62 Publications (based on library exps divided by 16 $750.00 $173.08 $576.92 Commercial Copying of records $250.00 $57.69 $192.31 Expert Witnesses $250.00 $57.69 $192.31 Interpreting $3,000.00 $0.00 $3,000.00 Mediation Fees $5,000.00 $283.75 $4,716.25 _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costs $10,500.00 $860.68 $9,639.33 *estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http://www,dfps.state.tx,us/handbooks/Title_IVE_County/default.}sp vol. 1 49 Pg. �.5� 0 2s -0 C CQ Q N 1 (a cn al 17 17 N @ X —{ fin o • 5. o H Cti m = 1 "' n < n r o C m w com a tz _. -o 0 7 1 rD co 0) Q 5 CC v O c) C- O co 0 CD cn a 0 c 3 CD v 0' ca c CD 3 C) (n tD n *estimated amount allocable to Title IV -E Total Training Advanced Family Law Course • NOTE: Form 9321 Training Expense Documentation Form must be submitted to DFPS for review/approval by Federal Funds prior to training. Crimes Against Children Conf $450.00 $520.00 $144.00, $200.00 $1,314.00 1 $1,314.00 $454 A5 B. Training B.1. Title IV -E Training (75%) County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2011-9/30/2012 Registration* Lodging* Meals* Transport• - ation* Number of Estimated Anticipated Anticipated Training (amount (amount (amount (Description and Title) allocable to allocable to allocable to (amount Subtotal Employees Total Federal County Title IV -E) Title IV -E) Title IV -E) allocable to Attending Expense* Reimbursement Match Title IV -E) 0) al O 0 O EA .p CO 0 0 C) $144.00 69IT 0 o w 0 0 69. N O O O co 0 Ty) o $2,788.00 EA O 0 b9 CD 0 69 0 0 to 0 co s9 -69 0 0 0 co $1,474.001 FA 0 rn cn 0OD O 0 0 0 0 0 69 0 0 0 0 0 0 rA al 0 W EA N tD N O O O O o O 69 O i 6-c o 00 0$ uu u D D D D'-‘.1 69 0) W ca rj --). 01 01 C) O c Co r CD n. CO (CI a) CD o (D - (D (D N _ O C O ill 3,111O0£OZ u»od vol. 1 49 Pg. dL3 Texas Dept. of Family and Protective Services Budget for Title 11/-E County Legal Services Contract Form 2030CLIVE December 2010 Budget Narrative County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2011-9/30/2012 Clearly describe each expense to be incurred and billed to this contract, including justification for expense. Refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http://www.dfps.state.tx.us/handbooks/Title_lVE_County/default.jsp A. Administration A.1. Direct Personnel Salaries Salary expenses for all personnel directly working on CPS related cases allocated by time spent A.2. Direct Personnel Fringe Benefits Benefit expenses for all personnel directly working on CPS related cases allocated by time spent A.3. Direct Personnel Travel Mileage to and from court locations that are not located in courthouse A.4. Direct Materials and Supplies A.5. Direct Equipment A.6. Direct Other Costs Court cost expenses directly related to CPS cases B. Training B.1. Title IV -E Training (75%) Crimes Against Children Conference and/or Advanced Family Law Conference B.2. Title IV -E Fostering Connections Training (65%) B.3. Non -Title IV -E Training (50%1 C. Indirect Costs (if applicable) vol. 149 pg. a5Lf BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 30, 2011 SUBJECT: Private Property Access Request permission to enter the private property of Geraldine Rench Criswell located on Old Reliance Road for the purpose of improving drainage channel. This project will place rip -rap material in and along drainage channel for erosion control. Work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. County will maintain the site only when necessary for continued adequate drainage of roadway. SUBMITTED BY: V. Salvato ght of Way Agent APPROVED BY: Sammy Catalena Commissioner Precinct 2 This request is L� APPROVED / DENIED LI by Commissioners' Court q Duane Peters, County Judge DATE: /J1) CC-2011-071-PPA-old Reliance Road -Criswell Vol. (4 1 pg. 0255 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cautey Commissioner Pct. 4 I. LAND OWNER: Geraldine Rench Criswell ADDRESS: 4235 Boonville Road x`71 ff Bryan, Texas 77802 Brazos County Road & Bridge Dept, 2617 Hwy 21 West Bryan, Texas 77803 Office# 979-822-2127 Fax# 979-775-0453 II. LOCATION OF WORK: 5901 Old Reliance Rd. - Tract 41, 7.3 acres, T.M. Splane, A-53 III. DESCRIPTION OF WORK TO BE DONE: Permission to enter private property for the purpose of improving drainage channel. This project will place rip -rap material in and along drainage channel for erosion control. Work is being done for the health, safety and welfare of the general public. IV. MAINTENANCE: Yes X No Jon General Superintendent IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. Owner's Signatures,K Engirer Aide / Foreman / Right of Way Agent Date: R/9 / /a i Vol. I L' I Pg, .2Jr rp BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: August 30, 2011 TI'LM: Request from Wickson Creek Special Utility District to construct a 30' road bore in the right of way of Dyess Road for placement of a 3" encasement pipe with 2" waterline enclosed (to provide service to address # 6592 Dyess Road). Site is located in Precinct ? .?j - SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: • No work will be permitted between front slope and/or back slope. • All installation(s) shall be constructed in designated utility easements, if applicable. If no utlity easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right of -way. • Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: Gary Arnold, CFM Director of Planning CC2011-072 APPROVED BY: Commissioner S Precinct ICr�.v'r This Reque# } Approved , or Denied ❑, by Commissioners' Court Date: Duane Peters, County Judge Vol. j49 pg. aG / AUG-23-2011 TUE 11:07 AM WICKSOII CREEK UTILITY FAX No. 979 589 3275 P.0C3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wicksori Creek $O0 proposes to place a (type) Road bore within across X the right-of-way of (road) 6592 Dyess Road in Brazos County, Texas as follows: JO' RDAd,$oer, 3"fneiie'f sort, ,?1' 44,4., /,1 ,e The location or description of the. proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer; 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way; 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989; 6. The line or lines will be constructed no less than twenty-four inches (24') lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway; 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the3a day of August 2011, 2 APPROVED BY COMMISSIONERS' COURT: Duane eters, County Judge Brazos County, Texas Revised 11275011 Firm: wic on Creek SW) By: Title: General Manager Address: P-0. Box 4756 Bryan, TX. 77805 Phone: (979) 589-3030 Vol. 1 �k � Pg, g5-6 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: August 30, 2010 ITEM: Request from City of Bryan to construct a sewer manhole / 24" sanitary sewer line in the right of way of Foster Road. Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: l ) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be I) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of --way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Uighways: published by the Texas Depat tnient of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROV Gary rnold, CFM C• mission Director of Planning Precinct 4 CC201 1 -073 This Request is Ap4roved- / Denied D by Commissioners' Court Date: Rairdy Sims, County Judge D�.ta� e }met S Vol. 1 9' 9 pg. oveo REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) City of Bryan proposes to place a (type) Sewer Manhole/24 inch line within the right-of-way of (road) Foster Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 1_ copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that they might be on hand to designate the actual location of the installation. 2. That all damage to the roadways and right-of-ways will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of way. 4. That Brazos County is in no way responsible for any damage that might occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintained on the County right-of-way in accordance with governing laws. 6. That the line or lines will be constructed no less than forty-eight inches (48") lower than the center of the roadway whether there is, or is not, a borrow ditch. 7. That all sites will be barricaded during the construction period. Construction of this line will begin on or after (date) 1st day of _November_, 2011 At, APPROVED BY COMMISSIONERS' COUR ON: Date Randy Sims, County Judge Du'\ -e- Firm: City of Bryan By: Barney S. Williams Title: Asst. City Engineer Address: 300 South Texas Ave. Bryan, TX 77805 Phone: 979-209-5030 vol. 1 '-EF pg. 20I Created By. Brazos County Road and Bridge Depa tm � � Notes: For referential use only. Vol. p$• BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010-2011 BUDGET YEAR NO. 10/11 46.1-46.8 On this the 30th 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 Wassermann, 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 30th 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 30th 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 Vol. I 1+9 pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.1 8/30/2011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME 0100 12500100 59100000 0100 12500100 80286000 Increase Decrease CR DDEA 86.00 DR Equipment - Other 86.00 Risk Management Reallocation of funds to pay for the overage on the blanket purchase order for S -Con for the maintenance of generators Prepared By: nnrn Date: 8/18/2011': Department Approval Date Vol. � �� pg. arOLI-' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.2 8/30/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 72590000 0100 21002000 61801000 CR Professional Fees - Other 1,000.00 DR Travel 1.000.00 County Clerk - Elections Reallocation of funds to pay for travel for the remainder of FY 11. Prepared By: nnm Date: 8/24/2011 Department Approval County Judge Approval 1 of 1 Vol. 149 pg. 21[1J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.3 8/30/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 46023000 CR Donations - Other 11,270.26 3000 46024000 CR Donations - Capital Asset 29, }65.46 3000 355600 67286000 DR Equipment - Other 11,270.26 • 3000 355600 80286000 DR Equipment - Other 29,365.46 4500 46024000 CR Donations - Capital Asset 26,961.82 4500 63000500 80286000 DR Equipment - Other 26,961.82 BVCOG Interlocal Grant To record the donations of federal surplus personal property from U.S. General Services Administration received by Brazos County BVCOG Grant in fiscal year 2010. Information was not available at the time for the budget amendment to be posted in the FinancePlus in fiscayear 2010. Prepared By: nnm Date: 8/24/2011' 1 of 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 -46.4 8/3012011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 3000 355600 80286000 CR Equipment. - Other 1,622.65 3000 355600 60500000 DR Office Equipment 51.19 3000 355600 67286000 DR Equipment - Other 1,571.46 BVCOG Interlocal Grant Reallocation of funds to proper accounts. Department -Approval Date ',; 1 of 1 vol. 09 pg. a42-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.5 8/30/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 19000100 59100000 CR DDEA L 3,027.64 0100 19000100 67281000 DR Equipment - Electronic 3,027.64 District Attorney Reallocation of funds for the purchase of two (2) Televisions and wall mounts to be used in two (2) rooms. Prepared, Date 4/2011: Departi»erSt Approval - Date Coun Ju e Approval: Rate 1 a 1 vol. 149 Pg. a�8' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.6 8130/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80940000 CR Brazos Center - Improvements 4500 63000500 65050000 5,940.00 DR Building Maintenance 5,940.00 Capital Projects - Comm. Ct Reallocation of funds for the Brazos Center's restroom remodeling. The project expenditure should be charged to building maintenance because the total was under $25.000. 1 of v., 1 41 Pg �q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.7 8/30/2011 FUND DIV ACCT PROJ DR/CR CR 0100 11001500 61130000 0100 11000500 65550000 0100 28000100 65550000 CR DR ACCOUNT NAME General Fund - Contingency Radio Maintenance Radio Maintenance General Fund Contingency, Non Departmental and Sheriff Office Reallocation of funds to cover the cost of the trunked radio system in the Sheriff Office for FY 2011. Prepared By: if; Date: 8/24//2011 Increase 36,427.00 Decrease 14,427,00 22,000.00 Department Approval Date 5 of1 vole 149 pg. 427O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 46.8 V vv NAME Increase Decrease FUND DIV ACCT PROJ DR/CR ACCOUNT 0100 22800100 67342000 CR Furniture 600.00 0100 22800100 60360000 DR Furniture 600.00 _ Magistrate Court #2 Reallocation of funds to proper accounts since the file cabinet was less expensive. Date "< 'Departrriept Approval Vol. S of 7 4q Pg. (71- PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 30, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Brazos Center Employee Request Applies To Brysch, Sean Chumley, Keith Hurst, Kevin Jennings, Nathan Action Requested Resignation Resignation Transfer w/in Dept. Resignation IT Harris, Desmond Cell Phone Allowance Juvenile Daily, Apollos Meers, Michelle Tates, Linda Willis, Wesley Willis, Wesley Transfer w/in Dept. Resignation Promotion New Hire Transfer w/in Dept. SO — Jail Anelli, Phillip Carpenter, Timothy Melton, Janet Quach, James Approved in Commissioners' Court: Augus .30 2.Q11: • New Hire Termination Resignation New Hire County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vol 14q Pg. (-1(9‘ Coversheet Page 1 of 1 BRAZOS COUNTY BRYAN,TEXAS Print DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: SOURCE OF FUNDS: NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: Name: D 8-25.docx 8/30/2011 Acknowledgment of the Brazos County Purchasing Department Update for the week of Auguest 19-25, 2011. Commissioners Court 08/25/2011 No Description: backup Type: Backup Material ACKNOWLEDGED Duane Peters County Judge http://bcagendaintranetBluesheet.aslit temID=2013&MeetiftD=135 v®[ , t L H Pc al 2, 8/25/2011 Brazos County Purchasing Department Weekly Update 8/19/11 — 8/25/11 Number of PO's Processed: 83 Requisitions Completed: 4 Capital Payments: 8 Projects In Progress Construction Courthouse: Phase I & II Ceiling tile installation almost complete Cabinet installation complete Paint being touched up, minor finishes being completed Punch list walkthrough on 8/30 New furniture to be installed on 9/12 Phase III - Proposals currently being evaluated by committee Bids/ RFP's/ RFP's Jail Pharmaceuticals - Tabulation completed and currently being considered by Jail Carpet for Courthouse - Currently working on contract with vendor Representation of Indigent Juveniles - Proposals acknowledged on 8/4 - Third Evaluation committee meeting to be held 8/25 Aggregate for Surface Treatment Flexible Base Crack Seal Renewals Fuel Culverts Lane Striping Seal Coat Janitorial Supplies Jail Cleaning Supplies Oil Changes Specs. 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You'll develop systems to track costs in personnel, materials, and resources with precision and accuracy. 100% Satisfaction Guarantee! Enroll today at www.pryor.com Enter your ZIP code : ► or Even: # : I. in the "Find a Seminar" blue baron pryorcoml D. Or to enroll by phone, call 1-800-897-5003 *For quick enrollment, be sure to have your VI P# and Circle ID# ready when registering. Please Deliver to: BRAZOS COUNTY LYNN ALLEN RECORDS MANAGER 9793614176 VIP# 60 003 049 354 18 COMING TO YOUR AREA: Visit www.pryorcom for a full schedule. College Station, TX - Oct. 27 Event #115845 Holiday Inn 2500 Earl Rudder Freeway South Houston, TX - Oct. 17 Event #115840 Houston Marriott North 255 N. Sam Houston Pkwy. East Waco, TX - Oct. 28 Event #115846 Holiday Inn 1801 Development Blvd. Austin, TX - Oct. 4 Event #115848 Holiday Inn Midtown 6000 Middle Fiskville Rd. One day, 9 a.m. to 4 p.m. $199 (includes course book) Group Discount: $189 per person for groups of 5 or more Presented by: FRED PRIOR SEMINARS a division of PARK Unive ity Enterpruel, I P.O. Box 219468 Kansas City, MO 64121-9468 1-800-897-5003 You have received this announcement because your organization is a valued customer of Fred Pryor Seminars or CareerTrack (divisions of Park University Enterprises, Inc.). II If you do not want to receive fax offers, simply call toll -free 1-877-206-91844nd provide the fax number ou wish to remove, or check the box to the left and fax this page to 1-800-905-8440. We will -me the provided fax number wn4rIgura{,4cecndi regulations, our failure to comply within 30 days is unlawful.) Val , 149 0115 Solicitation of Quotes Reupholster CCL #1Jury and Gallery Seating - Chairs are here Janitorial Service Water Treatment Fire Extinguishers and Sprinkler Inspection Pest Control Grease Trap Pumping Smoke Detectors Portable Toilets Fire Panel Monitoring Elevator Maintenance Trash Contract Other Assets -Tabulation in progress -Solicitations due 8/26 -Solicitation due 9/16 -Additional info requested -Waiting on contract from vendor -Working on solicitation -To dept. for approval on Tuesday 243 assets transferred from IT to departments Asset tags being sent to departments Auction To start 8/29. Waiting on Lonestar to complete setup. The surplus room is full. No more items can be accepted unless an emergency situation occurs. Fuel System - Working with IT to install software on needed computers - Fuel accounts currently reconciled with departments. ■ Updating vehicle and user information Sanctuary Courtroom - Furniture ordered, delivery on 8/26 - Maintenance working on finishes - Sound system ordered, delivery date pending Purchasing Policy - Reviewing and revising policy Electronic Bid System - Reviewing contract and requirements Purchase Order Cut-off - No purchase orders can be completed from September 9 through September 30 for fiscal year 2011. Vol. 1 `� Pg. a1 0