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HomeMy WebLinkAbout2012-05-15-10:00AM-REGULAR, r Aoenda Minutes Close 8 PRINT iU! -t Y I 1 P 2 55 U NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 15, 2012 AT 10:00 AM IN THE JUSTICE OF THE PEACE PRECINCT 2.2 COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 114, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation of the Collections Program of the Year award to Tanya Skinner. Consider and take action on agenda items 4 - 23: 4. A royal of out of state travel for Commissioner Cauley to Washington D. with the Texas Agrilife Leadership ou on April 28 2012- May 4. 2012. 5. Reappointment of the following individuals to the Local Workforce Development Board; term of these appointments is 0710112012 to 061301 •zo).4 • a Sharon Maass representing the Public Assistance • b Tashia Dickerson representing the Private Sector • c Michael Costa representing the Private Sector • cl Dr. Robert Brick representing the Literacy • e Dr Edwin Coulson representing the Education • f Ramona Malone representing Public Employment Vol. Pg. BRAZOS COUNTY BRYAN,TEXAS 6. 7. 8. 9. Request by Juvenile Services for approval of contract with Victoria County for De tention Services. 10. Request by Juvenile Services for approval of contract with Victoria County for Residential Services. 11. • a Madison Construction- Increase of $65,612.00 • b Patterson Architects - Increase of $6,561.20 12. 13. 14. 15. 16. 17. 18, Commissioners Court minutes for the following dates: • a April 17 2012 - Regular Meeting • b April 24 2012 - Regular Meeting • c! April 25 2012 - Workshop Session • d May 1 2012 - Regular Meeting • e May 6 2012 - Regular Meeting 19. Budget Amendments. Budget Amendments FY 11112 31.1 thru 31.4 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Convene into Executive Session pursuant to Section 551.0785 for deliberations involving medical or psychiatric records of a county employee. Vol. L u Pg_ a 23. Consider and possible action on the Executive Session. 24. Acknowledgement of Quarterly Investment Report ending 3/31/12. 25. Acknowledgement of the Brazos County Purchasing Department Update for the week of May 4 -10 2012. 26. Sheriffs report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and /or concerns. 29. Adjourn. VOI. - 16 Pg• -- PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to 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 Justice of the Peace Precinct 2.2 Courtroom of the County Administration Building, 200 South Texas Ave., Suite 114, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. = Pg.— 1 ; r MINUTES May 15, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING File Stamped Aaenda.odi 0 Sian in sheetodt 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 10:00 a.m. on Tuesday, May 15, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. Judge Peters announced that notice had been posted to hold the Commissioners Court meeting in the Justice of the Peace, Precinct 2.2 Courtroom, but the meeting was moved to the Commissioners Courtroom. A sign was placed on the door of the Justice of the Peace indicating the change and Constable Lampo stood nearby to direct citizens to the correct meeting place. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Wassermann Vol. Pg ------ -- BRAZOS COUNTY BRYAN,TEXAS Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Presentation of the Collections Program of the Year award to Tanya Skinner. The County Judge presented the award to Tanya Skinner and thanked her on behalf of the court for her work. He said it was a good program. Mrs. Skinner informed the Court of all the Counties they are training to use their program. Consider and take action on agenda items 4 - 23: 4. Approval of out of state travel for Commissioner Cauley to Washington, D.C. with the Texas Agrilife Leadership Academy on April 28, 2012- May 4, 2012. SJ Item 4.odf 0 Item 4- Abstention Form.odf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Mallard , Peters , Wassermann . Members voting Abstain: Cauley . 5. Reappointment of the following individuals to the Local Workforce Development Board; term of these appointments is 07/01/2012 to 06/30/2012: kJ° Item 5.odf • a. Sharon Maass representing the Public Assistance • b. Tashia Dickerson representing the Private Sector • c. Michael Costa representing the Private Sector • d. Dr. Robert Brick representing the Literacy • e. Dr. Edwin Coulson representing the Education • f. Ramona Malone representing Public Employment Approved as submitted. Let the record reflect that the term is from July 1, 2012 through June 30, 2015 and not July 1, 2012 through June 30, 2012 as noted on the agenda. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . The Sheriff's Office requests approval to participate in the Texas Traffic Safety eGrant for the 2012 "Click It Or Ticket" Program. Said agreement is made between the State of Texas, acting by and through the Department of Transportation and the Brazos County Sheriff's Office. D Item 6 Part 1.odf 9 Item 6 Part 2.00 Approved subject to correction to add car expenses and benefits to salary match. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 7. Renewal of Bid Contract 2012 -42R, Internet Service Provider with Managed Network Solutions (MNS) with an increase in services in accordance with Attachment A. 0 Item Todf Irene Jett, Budget Officer pointed out that the Court might discuss sharing this cost with Vol. I U1 � P9• other entities during the budget process. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Renewal of Truck Scale Maintenance Contract with Fairbanks Scale for the Brazos County Road and Bridge Department. All terms conditions and pricing will remain the same as previously agreed upon. d-;' Item 8.odf All terms, conditions and pricing shall remain 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 . 9. Request by Juvenile Services for approval of contract with Victoria County for Detention Services. D Item 9.odf Cost to Brazos County will be $100 per day per child. Contract term is from September 1, 2012 through August 31, 2013. 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 . 10. Request by Juvenile Services for approval of contract with Victoria County for Residential Services. D Item 10.odf Cost to Brazos County will be: $98 per day per child under Basic Level Care $140 per day per child under Specialized Level Care Contract term is from September 1, 2012 through August 31, 2013. A copy of the Agreement 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 . 11. Approval of the following change orders to the contracts for additional items required for the Courthouse Phase III construction:a. Madison Construction- Increase of $65,612.00b. Patterson Architects- Increase of $6,561.20 0 Item 11.odf Adds $65,612.00 to contract amount from $3,915,965.00 to $3,981,577.00 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters, Wassermann . 12. Request from Verizon Communications to construct an 80 ft. road bore in the right of way of Koppe Bridge Road (provide service to address no. 6550). Site is located in Precinct 1. 10 Item 12.odf Vol. Pg.- Approved as submitted. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 13. Request approval for the acceptance of Special Warranty Deed from E. Duane Peters and Patricia Kay Peters Boyd, Individually and as Co- Trustees of the E.E. and Lola R. Peters Children's Trust and The Estate of Diane Peters for 0.2295 acres of land to be used for improvements to Weedon Loop located in Precinct 2. 9 Item 13.odf 0 Item 13- Abstention Form.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, , Mallard, Wassermann . Members voting Abstain: Peters. 14. Request permission to enter private property owned by Mary -Jean Christian Wakefield King located on Merka Road for the purpose of installing fence to eliminate the possibility of horses running into power line guy wires due to the required relocation of the BTU power line. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. 0 Item 14.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 15. Request approval for the acceptance of Special Warranty Deed from Shari M. Crenshaw, Ashley Crenshaw Tanner, Kyle Travis Crenshaw, Linda Ann Woodard and Leslie Alfred Crenshaw for 1.04 acres of land to be used for improvements to Shirley Road located in Precinct 2. L,9 Item 15.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard. Peters, Wassermann . 16. Request approval for the acceptance of Special Warranty Deed from Linda Ann Woodard, Leslie A. Crenshaw, Shari M. Crenshaw, Ashley Crenshaw Tanner and Kyle Travis Crenshaw for 0.07 acres of land to be used for improvements to Shirley Road located in Precinct 2. D Item 16.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 17. Request from Verizon Communications to construct approximately 2,036 feet of parallel buried cable installations and a road bore in the rights of way of White Creek Road and River Road; cable will be placed at a minimum depth of 30 inches. Verizon facilities are being relocated as requested by Brazos County to accommodate roadway Vol. ' 1plO2 Pg. 9' improvements. Site is located in Precinct 4. 0 Item 17.odf 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 . 18. Commissioners Court minutes for the following dates: • a. April 17, 2012 - Regular Meeting • b. April 24, 2012 - Regular Meeting • c. April 25, 2012 - Workshop Session • d. May 1, 2012 - Regular Meeting • e. May 8, 2012 - Regular Meeting Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . 19. Budget Amendments. Budget Amendments FY 11/12 31.1 thru 31.4 9 Item 19.pdf 31.1 Reallocate funds for HAVA General Compliance 31.2 Transfer funds from General Fund Contingency to Capital Improvement 31.3 Reallocate funds for Voter Registration Fund 31.4 Recognition of insurance check for Capital Projects. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 20. Personnel Change of Status. Personnel Action Forms D Item 20.odf S: i Item 20 forms -2.odf A copy of the Personnel Change of Status Requests 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 . 21. Payment of Claims. D Claims Sheet.odf D BILL LIST 5.15.12.pdf 7097986 through 7098238 Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Vol. I � Pg Peters , Wassermann . 22. Convene into Executive Session pursuant to Section 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point the County Judge skipped down to consider agenda items 24 through 28. Having considered the previously noted agenda items, at 10:18 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss medical or psychiatric records of a county employee as allowed under Section 551.0785 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Irene Jett, Budget Officer Jennifer Salazar, Director of Human Resources Jacklyn Cantu, Human Resources Katie Conner, County Auditor 23. Consider and possible action on the Executive Session. At 10:46 a.m. the County Judge announced the meeting open to the public and on motion by Commissioner Catalena, seconded by Commissioner Cauley the Court voted unanimously to approve a certain procedure for a specific employee. 24. Sheriff's report on inmate population. Chief Deputy Mike Wilson stated there were 557 inmates in jail, 61 have electronic monitors and 16 are pending for monitors. 25. Acknowledgement of Quarterly Investment Report ending 3/31/12. 0 Item 24.0f The Court acknowledged receipt of, and ordered filed'as submitted the Treasurer's Quarterly Investment Report ending March 31, 2012. A copy is attached to and made a part of these minutes. 26. Acknowledgement of the Brazos County Purchasing Department Update for the week of May 4 - 10, 2012. Item 25.odf The Court acknowledged receipt of the Purchasing Department Weekly Update 27. Announcement of interest items and possible future agenda topics. Commissioner Mallard said he was in Washington D.C. last week with the Chamber of Commerce. Representative Bill Flores helped to gather Congressmen and Senators together in one room to talk. Commissioner Mallard said they were good meetings. The County Judge reminded everyone that Court is canceled next Tuesday due to the members being in Galveston to attend a conference. 28. Call for Citizen input and /or concerns. 29. Adjourn. Vol. , & Pg. /G The foregoing minutes of the Commissioners Court meeting held May 15, 2012 have been examined and are approved in open Court this &u day of 2012, in Bryan, Brazos County, Texas. Duane Peters County Judge ammy talena Comm ssioner, Precinct 2 Irma Caulej— Commissioner, Attest: Karen McQueen County Clerk &*fLC. Lloyd assermann Commissioner, Precinct 1 f Kenny Mallard Commissioner, Precinct 3 Vol 16 a Page / I BRAZOS COUNTY COMNIISSIONERS COURT Meeting on S @ 6(. • U V PAGr of 2 Vol. ) to a pg _ 1 a A i 1 IrAl ��,,-� �� irul I A . . i i U V PAGr of 2 Vol. ) to a pg _ 1 a BRAZOS COUNTY s COM / M J I IS SSIONERS COUR j Meeting o❑ Na e Organization / Department J e 50 PAGE �L- OD- '1 Vol. � Pg- AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on 1 " 1� I / d 1/' � p ersonally appeared I 1 y ma f1ji'I&A , who being duly swum, deposes and says: 1. That helshehas a substanti l interest in a business entity or real property. Official action taken by the Commissioners Court r of Brazos County, Texas concerning Agenda Item No. L� ' " of the Court �{ Agenda dated �7 r t J ' describedas k� c pJ� -Q t / "1 r would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or O b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or {) c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or O d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or (V / e. other 3. That I will abstain from participation in the matter re esTauthoqztd by law. SWORN TO AND SUBSCRIBED BEFORE ME this the )6 day of 2 Notary Public in and f BEATRIZ D. GREEN _ ;��•• "•�s� -, The State of Texas Notary PUNIC, State of Texas My COmhulan Expires lIVVV1 JUNE 11.2014 Filed: County Clerk Vol. I & a Pg. 1 Chief Elected Official's Membership Guide for Local Workforce Development Boards H -400: Board Appointments Individuals may receive, review and correct info motion that.TWC collects about the individual by emailing'to oocn recordsGdtwc stale tv as or writing to TWC Open Records, Rut 266, 101 East 15th St.. Austin, TX 78778.0001, March 2012 Page 42 Vol. Pg 5 CATEGORY TERM NAME REPRESENTED aIORTR /DA1' /YEAR TIIRU' h1ONTRIDAYNEAR Appointments (New) Reappointments SHARON MAASS PUBLIC ASSISTANCE 711112 TO 6130115 TASHIA DICKERSON PRIVATE SECTOR 711112 TO 6130115 MICHAEL COSTA PRIVATE SECTOR 711112 TO 6130115 DR. ROBERT BRICK LITERACY 711112 TO WJW15 DR. EDWIN COULSON EDUCATION 711112 TO 6130/15 AUTHORIZATION HON. DUANE PETERS BRAZOS COUNTY JUDGE Prinl /Type CEO Name Print/T e CEO Title BRAZOS VALLEY (16)� Print/Type name of Workforce Area CEO Signature Date Individuals may receive, review and correct info motion that.TWC collects about the individual by emailing'to oocn recordsGdtwc stale tv as or writing to TWC Open Records, Rut 266, 101 East 15th St.. Austin, TX 78778.0001, March 2012 Page 42 Vol. Pg 5 Chief Elected Official's Membership Guide for Local Workforce Development Boards H-400: Board Appointments Individuals may weive, review and correct information that TWC collects about the individual by tmailing to worn 1"ald'd I%% I swirAl. Or of writing to TWC Open Records, am 266, 101 East 151INSI.. Au-Ain.TX 78778-0001. March 2012 Page 42 Vol (PR I (le pg.� CATEGORY TERM NAME REPRESENTED SIONT1001DAVIVItAll TIIRV MORTWIDAY/TtAll Appointments (New) Reappointment -ro (01301 1S 16 rAs, Kt 4. A- D t.ta Il Print/Type CEO Name Print /Ty pe Ti tl e U* Print/Type name of Workforce Area CEO Signature Date Individuals may weive, review and correct information that TWC collects about the individual by tmailing to worn 1"ald'd I%% I swirAl. Or of writing to TWC Open Records, am 266, 101 East 151INSI.. Au-Ain.TX 78778-0001. March 2012 Page 42 Vol (PR I (le pg.� Texas Traffic Safety eGrants Fiscal Year 2012 Organization Name: Brazos County Sheriffs Office Legal Name Payee Identification Number: Project Title: ID: 2012- BrazosCoSO -CIOT -00011 Period: 05/1212012 to 06126120.12 Vol. 1 & a Pg 1-7 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n), Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1957, and the Highway Safety Performance Plan for the Fiscal Year 2011. Name of the Federal Agency:. National Highway Traffic Safety Administration CFDA Number: 20.602' CFDA Title: Occupant Protection Funding- Source: Section 405 DUNS:. 052960341 ProjectTitle:STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 0611212012 or on the date of final signature of both parties, whichever is later and ends on 06/2612012 unless terminated or otherwise. modified. Total Awarded: $2,661.35 Amount Eligible for Reimbursement :.$2, Match Amount: $0 f -600'1 Printed On: 5/1b12UU Vol. l p I �' TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that shelhe is an officer of the organization for which shelhe has executed this agreement and that shelhe has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By: By [District Engineer Texas Department of [Authorized Signature] Transportation] [Name] [Name] [Title] [Title] Date: Date; Under the authority of ordinance or By: Resolution Number (for local government): Director, Traffic Operations Division Texas (if Applicable) Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: Printed On: Vol. 1 �9 a p l °t General Information Project nde STEP - Click It.Or Ticket. f Descnpaon To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period. How many years nas your 019anizalion received funding for this project? This will be our first year. zo12- BrazosCoSO -cIOT - 000 11 Printed On: 5/1512012 Vol. 6 a p g, 9 0 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB (Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A-102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability: C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act.of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and,federally assisted programs. D,. It will co mply with the provisions of the Hatch Political Activity Act, which. limits the political activity of employees.. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. it will establish safeguards to prohibit employees from using their positions for a Ell Vol. 1 (-V a pg. I purpose that is or gives the appearance of being . motivated by a desire for private gain.for themselves or others, particularly those with whom they have family; business, or other ties. G. It will give the Department the access to and the right to examine all records books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42' USC § §4321 et se q the Clean Air Act, as amended, 42 USC § §7401 et seq, and sections of 29 USC; the Federal Water Pollution Control Act, as amended; 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes thatthe -U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation', guidelines, standards, orders,. directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, 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 purposes for use in any area that has been identified by the Secretary of the of Housing and Urban Development as an area having special flood hazards. The phrase "federal . financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form.of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National: Historic Preservation Act of 1966 as amended (16 USC 470 et se Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing or the person Subgrantee's subcontractors shall vote or confirm the employment of an p related within the second degree of affinity or third degree by 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 described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, On: 5/15/2012 Vol. I _� a Pg - `� 2 unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum, amount eligible for reimbursement ( in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun.. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other" Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A. "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent Flexibility with 2Dt2- BrazosCoso- CIOT -D001t Printed On: 5 /15/2012 Vol. 9 Ce a p .�2_-3 underrun funds from Budget Categories 11 or III. C. To be eligible for reimbursement under this Agreement; a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal .Office of Management and Budget (OMB) Circulars. • A -21, Cost Principles for Educational Institutions; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated'inthis Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants.. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long - range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of.subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee; giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end' of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5, AMENDMENTS This Agreement may. be amended prior to its expiration by mutual written consent of both utilizing the the parties within in the Grant Period, Any s Grant Agreement. be Agreement 70011 Printed On: 5115lZU1Z Vol. 1 (P O-,\ Pg• T ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants sysfem:messaging. If the Department finds that such work does constitute additional, work, the Department shall so advise-the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under. this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article.. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the.end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through: negotiation between the. Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as.a minimum: (1) -a comparison of actual accomplishments to the objectives established for the period; (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, zot2- Brazoscoso -croT -Door t Printed °Onr 5!15/2012 Vol. Pg. S overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee,. if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions, of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than ,a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 12 Vol. I (P 41 1 p 0 2 1p claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee: If the Subgrantee is a government entity, both parties to this Agreement agree that no party is.an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final.referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: . This Agreement is terminated in writing with the mutual consent of both parties; or . There is a written thirty (30) day notice by either party; or The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination.. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. Vol. I le pg. -�-7 If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984 Public Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds..An entity that is the subject of an audit or investigation must provide the state auditor with access to anyinformation the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess.of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with - or who, reasonably speaking, may do ordinary bus w lunches and items only exceptions allowed are or items that have received he dinary advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this.Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that.it has not employed or retained any company or person, other than a bona f+de.employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a Vol. Pg• `�t — bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other If consideration contingent upon or resulting from the the rd or making o ft h e e r ght t Subgrantee breaches or violates this warranty, Department annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST the Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees" performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in.a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources.other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19: PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant.to this Agreement in accordance with its own property management mranagementpro procedures ohproperty management tanda ds federal standards, as property appropriate, in_ 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,' or 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Vol. I (A pg. a Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grantfunds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request; to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C_ All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally - assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 1.1375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C'. Solicitations for subcontracts, including procurement of materials and equipment: In: all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified No Vo1. Pg. 30 by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations-relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources, of information, and its facilities as may be determined by the Department or the USDOTto be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Sub grantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by regulations or directives. The Subgrantee shall take such action with respect to any subcontractor procurement as the Department may direct as -a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of;the United' States. ARTICLE 23. DISADVANTAGED BUSIN ESS ENTERPRISE it is the policy of the Department and the USDOT that Disadvantaged Enterprises, as defined in 49 CFR Part 26, shall have the opp tY participate in the performance of agreements financed in whole or in part with federal funds: Consequently„ the Disadvantaged Business Enterprise requirements of 49 CFR Part26, apply to this Agreement as follows: The Subgrantee: agrees to insure' that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantage& Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in'the award and performance of agreements funded in whole or'in part with federal funds. These requirements shall be included in any subcontract. , 11 Printed On: 5/15/2Ulz � Vol. 1 Pg ------- Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this.Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B such Subgrantee shall attach unable n explanation statements in this Article, ation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549,. Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 000 1 Printed On: 5 /1blzU1Z V0 1. P9. Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal 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 federal 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 party to this Agreement - shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all.subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1oo,o00 for each such.failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non -profit entity,. the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration -of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grantor payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at. httO://www.dot.state.tx.us/eso/defau Vol. 11 .� � 9 ` - Pg. 33 RESPONSIBUTIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in all cost Performance r ma in Requests and attaching necessary source documentation to support for Reimbursement(RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarters work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested.bythe Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for Pl &E activities must be included in the budget. F. When applicable,.all newly developed Pl &E materials must be submitted to the Department for written approval, through the Tx DOT Electronic Gran Ma the T e m Safety System (eGrants) system. messaging, p p Program Manual regarding PI &E procedures. G. For out of state traYel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed approval, the Subgrantee must have amts system messaging, obtained travel r Department district and related ap 9 expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project: I. Ensure that this grant will in noway supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 70001, Printed On: 5115/2012 Vol. __L(koa, Pg- report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP- related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for. this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not haven safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administrationlinternational Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be subssubsequent year grants, ts, all officers working DWI enfforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs):when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www buckleuptexas com On: Vol.— Pg. 35 RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance and obligations s a n d o i c l and requirements of this Grant Agreement using appropriate inspections, including but not limited to: review of periodic reports i. physical ihspection of project records and supporting documentation • telephone conversations • e -mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the.Subgrantee for all eligible costs.as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress toward&self- sufficiency A • ccount for any approved rog or Income practices earned and expended • Identify exemplary. p 00011 Ipri_ntteed On: 5/i5/2012 Vo1. Pg. Goals & Strategies To increase effective enforcement and adjudication of traffic safety - related laws Goal to reduce fatal and serious injwy crashes st.,esieo: Increase enforcement of traffic safety- related laws. Increase public education and information campaigns. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. X I agree to the above goals and strategies. 011 Printed on: 5/1512012 3-7 Vol. I Pg- Law Enforcement ObjectivelPerformance Measure 1. Number and type of citations /arrests to be issued during the CIOT Operation 74 a. Safety Belt Citations 10 b. Child Safety Seat Citations C. Increase the safety belt usage rate among drivers and front seat passengers, 5% between pre & post survey results, by at least the following percentage points 50 2. Total Number of Enforcement Hours 2.52 Slep M WT Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. m 5/15/2012 Vol. � a= Pg. 3 PME Objective /performance Measure 1. Support Grant efforts with a public information and education:(PI &E) program 1 a. Conduct a minimum of one (1) presentations b. Conduct a minimum of two (2) media exposures (e.g. news conferences, news 2 releases, and interviews) 1 c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) d. Distribute the following number of public information and education materials (if 0 applicable) - 00011 Printed on: 5/1512012 Vol. 4 a eL— Pg.- 3 Budget Suninnary 0011 Printed On: 5(15au Vol. __J ` _ Pg' TKDOT MaiU Total . euo9 tG legw'/ Category I- Labor Costs $0 $1 ,7500 . '.0 (100) Salaries $1,750.00 ---- (200) Fringe Benefits . $393.05 $0 $383.05 Category l Sub - Total $2;143.0.5 $0 Category 11. Other Direct Costs $0 $518.30 (300) Travels2,143.0 $518.30 — $o $o $0 (4D0) Equipment $0 $o $o (500) Supplies - Contractual $0 $o $0 (600) Services _ Other $o So $o (700) Miscellaneous _ $518,3 Category 11 Sub -Total $518.30 so `.'':, $2 661 35 . ..: $2:881.35$0 Total Diredcosls _ Category III - Iwired Costs Indirect Cost $0 $o $o (800) Rate Stxnmary — $0 $2,143:051 Total Labor Costs $2,143.05 Total Direct $518.30 $0 $518.30 Costs Total Indirect so $o $o Costs $� $0.00 $2,661.35 Grind rural _ Fund Sources 100.00% 0.00% (Percent Share) 0011 Printed On: 5(15au Vol. __J ` _ Pg' ƒ \ k rL § 0 3/ \\ Vt -�' �� G e \\ - [ \ \\ 7 {/ ( \ {/ \} {0 ® \» [ , \ y_ E cL �� - (� -/ § m # /5 - \ \� \\ \ \\ \}\ \)A7 \&/ @ef \ ° ° } \� \/ \a) [ [ ƒ \) \aa ±f\ D } \0 �� \\ a ) \ - \ \ /§§&bE( /\ ƒ \ ©# \\ CD « {-C: 0 n 2 2C4 C {k] \`//#2 § §N § © _ » } ®_Ar,92 § {/ )/ ® & & o �± {f [ - - . +f -0) 2 E \� \\ \ \ \ \00 Cc m0 00M \ 2 2 �S® /2 § C!) {£( 3 £§gQe° �¥ ® \( /) }fM `> (� \ < §327 Z wo \ emro /&.o& 0\ 2 2) n .j. ,17 . /\ ° \ \\ ƒ k ~ ( 7 ® 2 / ƒ ®= f \ \ \ / ƒ � (D a E LIJ 0 �a = \ %Q§a) > 2 n ( \ { \} \t/ j \ }[ {gIo /oE__& } 2 6 ° @) : & ®2 G 0 t =W = #e ==am 3/ \\ Vt -�' �� V: ���•� 0 cli LO co 0. ® r k - E : C) ƒ _0 X ) Z5 tz! � / CL co - U ° \ % \ - 2 0 { ca / `5 < —0 \ § \ \ ( / In /\ _ , � _ )� \( \a� � { -) §Ga \E \� ƒ \,e U) + \ \\ CL \ &�:ar£/ a _ 0m mob & \{,F } \ . \ -0 \ \ - O C) U) T3 n - E Ea - \afKa \yf �f«2 /cQ) p- - _ r» %fM002 a) 0 /\{ &E - n�,0DIt1 ff ]{ -F qq $f /a§ CL 0 ) \# §{ }X *kE jf /» / §§ /[ \\ \\ \�\ /,o ,$ - /f\ { } \ } % \ \\ \2 \\ / \& f\ f ®[E £f 0 �` :j- 04 i '0 LD / L) Cl) U) § � \ / \)/ \ \�\ } /\ } \} j /jkk f ,£AS.ee .co V: ���•� 0 cli LO co 0. E - o / \ / / /\ V: ���•� 0 cli LO cur 11' 'tinted On: 5/15/2012 Vol. �— pg. It op T 8 v i } y o9 B• Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979).361 -4290 FAX (979) 3614293 - Charles Wendt, Purchasing Agent Tiffany West, Buyer 11 Leslie Williams, Assistant Purchasing Agent Gail Davis, Buyer I May 9, 2012 Fairbanks Scales 18211 Ammi Trail Houston, TX 77060 Altn: Gregg Christiansen Re: Renewal ofContractfor Truck Scale Maintenance— .2012 -39R Brazos County would like to exercise the renewal option for Truck Scale Maintenance —1011 -39R for the Road and Bridge Department. All terms, conditions, and pricing shall remain the same. After Commissioner's Court :approval, the renewal will be May 15, 2012 through May 14, 2013. To accept die renewal option, please fill out the information and sign below. Return the signed documents by email to Iwilliams@co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above.. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 3614294. Contact Name: Z£' e z-t 5(Z 3 11 - Z St - I 6 FAIRBANKS SCALES Signature BitAZO$ Duane Peters, County Judge S/4(iz Date S-(S2. Date (� a pg•------ Vol . �— Managed Network Solutions Services Agreement &VIOU Customer Account Num - Sy stem Address Federal Tax ID Number. Contract Number: 2011.30R Contract Date: June 1, 2011 (customer Initlalsi (Customer Initials( Equipment Descriptlon. Quantity Unit Price Total Service Charges Total Equipment Non Rect rring/One -time Service Description Quantity Term Monthly Recurring /Access Activation - Charge and Set-up Fees IP Connectivity 8 MB 12 coo. 5750 $0 (Customer Initials( Equipment Descriptlon. Quantity Unit Price Installatlon fees Total Equipment N/A I N/A N/A I N/A L "W `�+ �/ Title: CFD ❑Special Conditions (Customer initials The undersigned represents that he/she Its the Customer or is the Auftrized Customer Repress ntatNe kientltied above and Is authorind to sign this Agreement on behalf of Customer for the services in this Agreement. The undersigned further represents that the Customer Information and the Authoriz d Customer Representative information is but and correct TM Agreement tints Customer to the Rates, Terms and Conditions or Service applicable to each of the services selected above, including any termination penalties Nat may apply. Customer understands that regulated services selected above are provided by Managed. Network Solutions. All Services are subject to the Terms and Conditions on the attached pages hereto. The undersigned authorzes Managed Network Solutions to check credit and this Agreement Is subject to credit approval. Prices listed do not include applicable taxes, fee% assessrenCS or sucharges. Until this Agreement is signed by Managed Network Solutions, it serves as a proposal which may be withdrawn or changed at anytime by Managed Network Solutions. Managed Network Solutions will honer the prices In this proposal provided Customer delivers a signed contract to Managed Ne ons witmn thkty d contra date above. Customer - authorized Signature: anaged Network Solutions By: ✓w "�t A r J k + By: dandy MrM Gal . Titl 1.+ N. 4k/ � t/t/ � L "W `�+ �/ Title: CFD Date: uU I l Dale: Vol. 1 l Pg. 45 Managed Network Solutions shall provide the following Services and equipment and Customer agrees to pay the fees and charges set forth below: Terms and Conditions of Service 1. Payment Customer shall pay for all monthly service charges, plus one setup, installation, and /or Construction charges. Unless stated otherwise herein, monthly charges shall begin upon installation of service, and installation charges, if any, shall be due upon completion of Installation. gifting Monthly recurring fees are due no later than the first day of each month far which services are provided. In the case of a late payment, Customer will be charged a $100 administrative fee and the late payment will accrue interest at the rate of one and one -half percent (1.5 %) per month, or the highest rate allowed by applicable law, whichever is lower. All non - recurring fees shall be payable net 30 as Invoiced by Managed Network Solutions. All payments shall be made in U.S. dollars. Taxes Managed Network Solutions may invoice and Customer shall pay all taxes, fees or assessments and other charges required to be collected by Managed Network Solutions by any governmental agency that may result from the Customer's use of the Co- location Space. Customer shall be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of Customer's activities contemplated hereunder. 2. Service and Installation Managed Network. Solutions shall provide Customer with the Services and Equipment Identified on the first page of this Agreement; provided, however, If Managed Network Solutions determines that Customers location is not serviceable under Managed Network Solutions' normal Installation guidelines, Managed Network Solutions may terminate this Agreement. Customer is responsible for damage to any Managed Network Solutions equipment Installed on customer premise for the purpose of the service described herein. Customer may use the Services for any lawful purpose, provided that such purpose (a) does not Interfere or impair the Managed Network Solutions network, equipment or facilities and /or (b) complies with the applicable Acceptable Use Policies ('AtIP ") which are incorporated herein by reference. Customer shall use the equipment only for the purpose of receiving the Services. Customer shall not make any connections to the equipment which are not expressly authorized in writing by Managed Network Solutions or permit tampering, altering or repair of the equipment by any person other than Managed Network Solutions authorized personnel. Unless provided otherwise herein, Managed Network Solutions shall use reasonable efforts to maintain the Services In accordance with applicable performance standards, however, Managed Network Solutions shall have no responsibility for the maintenance or repair of facilities and equipment it does not furnish, 3. Service Date and Term This Agreement shall be effective upon execution by the parties. Services shall be provided for the applicable term set forth on the first page of this Agreement. Managed Network Solutions shall use reasonable efforts to make the Services available by the requested service date. Managed Network Solutions shall not be liable for any damages whatsoever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond its control. 4. Customer Responsibilities Customer is responsible for arranging all necessary rights of access for Managed Network Solutions within the Customer's premises, including space for cables, conduits, and equipment as necessary for Managed Network Solutions- authorized personnel to install, repair, inspect, maintain, replace or remove any and all facilities and equipment provided by Managed Network Solutions. Customer shall provide a secured space with electrical power, climate control and protection against fire, vandalism and other casualty for Managed Network Solutions' equipment. Customer shall use the Services in compliance with all applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third parties. Customer is responsible for ensuring that Customer's equipment is compatible for the Services selected and with the Managed Network Solutions network. S. Equipment Unless otherwise provided herein, Customer agrees that Managed Network Solutions shall retain all rights, title and interest to facilities and equipment" Installed by Managed Network Solutions there under and that Customer shall not create or permit to be created any liens or encumbrances on such equipment. Internal Wiring shall not be considered equipment and shall become the property of Customer upon initiation of Service, customer shall not modify or relocate equipment installed by .Managed Network Solutions or install any .other equipment, including servers In connection with data /Internet without the prior . written consent of Managed Network Solutions. For Managed Network Solutions -owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment in good condition, ordinary wear and tear resulting from proper use excepted. In the event the equipment Is not returned to Managed Network Solutions in good condition. Customer shall be responsible for the value of such equipment.. Managed Network Solutions shall repair any equipment owned by Managed Network Solutions at no charge to Customer provided that damage is not due to misuse; abuse or other disaster including acts of God. If additional equipment, including but not limited to, monitors, computers, circuits, software or other devices, are required by Customer to use the Services, Customer shall be responsible for such equipment. 6. Resale of Service Customer may not resell any portion of the Service to any other party. 7. Default it Customer fails to comply with any material provision of this Agreement; including, but not limited to failure to make payment as specified, then Managed Network Solutions, at its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by tariff or applicable law: (I) terminate service whereupon all sums then due and payable shall become Immediately due and payable. Iii) suspend all or any part of Services, and /or Iii) pursue any other remedies, including reasonable attorneys' fees, as may be provided at law or in equity, including the applicable termination liabilities. 8. IP Address and Domain Name Registration Managed Network Solutions will allocate IP addresses to Customer according to ARIN guidelines.. All IP addresses assigned by Managed Network Solutions must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP address shall he subject to the IP policy in the AUP. If Customer requests, Managed Network Solutions will register an available domain name on behalf of Customer, and such registration shall be subject to rules Vol. 6 Pg. ---- promulgated by the domain name registrar, which may be amended from time to time. Customer is responsible for payment and maintenance of domain name registration. 9. Termination Customer may terminate data and or Internet before the end of the term selected by Customer on the first page of this Agreement with no penalty; provided,. Customer notifies Managed Network Services 60 days In advance of the desired termination date of Customer. Managed Network Solutions reserves the right to terminate Services for Customer's breach of this Agreement or its Autorlted User Policies (AUPsI with no notice subject to termination liability. In the event of Customer's breach, the termination (lability shall equal 100% of the monthly recurring charges for the terminated Services multiplied by the number of full months remaining In the initial term commitment and is due upon termination. After the Initial term, this Agreement and services associated with it will terminate and not continue unless Customer notifies Managed Network Solutions in writing no later than 30 days Prior to the expiration date, or both parties have knowingly entered into negotiations with regard to the renewal of services. 10. UMITATION OF UABIUTY. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR .DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL MANAGED NETWORK SOLUTIONS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NELGLIGENCE OF MANAGED NETWORK SOLUTIONS. UNDER NO CIRCUMSTANCES WILL MANAGED NETWORK SOLUTIONS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT. MANAGED NETWORK SOLUTIONS' MAXIMUM UABIUTYTO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER. 11. Asslenment Customer may not assign, in whole or in part, this Agreement without the prior written consent of Managed Network Solutions, which consent may be withheld in Managed Network Solutlons discretion. Managed Network Solutions may assign this Agreement and Service may be provided by one or more legally authorized Managed Network. Solutions affiliates. 12. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND MANAGED NETWORK SOLUTIONS DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. MANAGED NETWORK SOLUTIONS MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13. INDEMNITY Customer shall indemnity and hold Managed Network Solutions and Its respective affiliates, subcontractors, employees or agents harmless (including payment, of reasonable attorneys fees) from and against any claim, actions or demands 3 relating to or arising out of Customer's use of the Service including without limitation (i) any content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or users of the Services, Iii) any claim that Customer's use of the Service includngthe registration and maintenance of Customer's selected domain name(s), Infringes on the patent, copyright, trademark or other intellectual property right of any third party; (iii) any malicious act or act in violation of any laws . committed by Customer, Its employees or users using the Services; and /or IN) violation by Customer, its employees or authorized users of the Managed Network Solutions AUPs. 14. Viruses, Content, Customer Information Software or content obtained from the use of Service may contaln viruses or other harmful features and Customer is solely responsible for protecting Its equipment and software from such matters. Through the use of the Service, Customer may obtain or discover content that is offensive or illegal and Customer assumes the risk and is solely responsible for its access to such content. Managed Network Solutions may disclose Customer information to law enforcement or to any Managed Network Solutions affiliate. 15. Miscellaneous This Agreement, the tariffs, the documents referenced herein, and the AUPs constitute the entire agreement between Managed Network Solutions and Customer for the Services and equipment provided herein. The invalidity or unenforceability of. any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. This Agreement may be modified, waived or amended only by a written instrument signed by the parties; provided Managed Network Solutions may modify the AUP and if Customer continues to use the Service, Customer shall be bound by such AUP as modified. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Texas. The failure by either parry to exercise one or more rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right in the future. Notices . required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall he sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. 16. Reeulatorr Authority -Force Maieure This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance If such failure is caused by acts of God, natural disasters Including fire, Flood, or winds, civil or military action, including riots, civil insurrections or acts of terrorists or the taking of property by condemnation. Vol. P9. REQUEST FOR PROPOSAL No. 2008 -023 INTERNET SERVICE PROVIDER FOR COURTHOUSE COMPLEX BRAZOS COUNTY PURCHASING OFFICE Brazos County Courthouse, Suite 117 Proposal Request No.2008 -023 Bryan, Texas 77803 Page 1 of 7 pages Telephone (979) 361 -4290 Proposals will be received at the Brazos County Purchasing Department until 11:00 A. M. Wednesday, February 20, 2008 and publicly opened and acknowledged at 1100 A. M. Wednesday February 20. 2008 in the Brazos County Purchasing Department, Brazos County Courthouse, Bryan, Texas. A. SCOPE OF PROPOSAL Proposals are solicited for furnishing the supplies, service, and /or equipment related to being the Internet Service Provider (ISP) for Brazos County as set forth in this proposal request for one year from the date of approval — in accordance with the following Conditions of Proposing. B. CONDITIONS OF PROPOSING The following instructions apply to all proposals and be e part of terms and conditions of any Proposal submitted to the Brazos County Purchasing Department, unless otherwise, specified elsewhere in this proposal request. All proposers are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies andlor services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Proposer(s) of this proposal request. e. COUNTY - The government of Brazos County,, Texas and its authorized representatives. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this proposal request. g. SUPPLIER - Same as Contractor. i 2. Upon acceptance and approval by the Commissioners' Court, this proposal effects a 3 ' working contract between Brazos County and the successful proposer for the period 3 designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. The mere fact that the proposal was dispatched will not be considered; the proposer must have the proposal actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. Vol. Pg. 4 �' Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2008 -023 Page 3 of 7 pages consideration in awarding orders. If. delivery is not made within a reasonable time of the specified delivery in the proposal, the entire order or contract may be canceled and the proposer barred from quoting in future proposals. 17. Proposals cannot be altered after receiving time. No proposal may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. All Proposals shall be prepared on the bid forms located on the Brazos County web site www.co.brazos.tx.us Go to department and choose Purchasing, then go to current bids and RFP's. Download the bid or RFP that pertains to you. Be sure to put the bid or proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 19. Proposals must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the proposer. Firm name and authorized signature shall appear in each space provided. 20. In the event of a needed change in the specifications sent to the proposer, it is understood that all the foregoing terns shall apply to the addendum or addenda. 21. It is our policy not to fumish proposal results over the phone. Bid or Proposal results and tabulation sheets will be posted on the Brazos County website, Purchasing Department after it is awarded by Commissioner's Court, 22, Brazos County reserves the right to extend this contract for an additional year, one year at a time, not to exceed four years, if all parties agree. 23. This RFP will be made part of any resulting contract the County may enter into. 24. Successful Proposer agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing inter - local cooperation agreement(s) with Brazos County. C. SPECIAL PROVISIONS Brazos County shall retain and administer all Domain Name, Electronic Mail and Domain Registration services. It shall be the responsibility of the successful respondent.to register Brazos County's domain names with the authoritative registrar for the IP addresses provided to Brazos County, This registration shall be for the purpose of "reverse address lookups." 2. By proposing, Proposers agree that, should they be selected as the successful responder, failure to complete activation of the services described in Section D of this Request for Proposals by the time specified in the proposal will result in a $200.00 per day penalty payable to Brazos County by the successful Proposer. 3. All Proposers must include i "hard" copy, clearly labeled as such, and 1 eiectronic copy with their Proposal. Electronic copies may be in either Microsoft Word 2000 - or Adobe Acrobat PDF format, or both. Vol. Pg'� Proposal Continuation Sheet BRAZOS COUNTY, TEXAS SPECIFICATIONS Proposal Request No. 2008 -023 Page 4 of 7 pages Brazos County is requesting proposals for providing the supplies, service, and /or equipment necessary, related to being the County's Internet Service Provider (1SP) for a period ending no later than one year from the date of approval, with the option of renewal. Specifically, Brazos County is requesting proposals for the following: a. Equipment,. services and labor necessary to physically connect Brazos County to the Internet Point of Presence (POP) of the successful respondent; b. Connectivity to the Internet at a rate of o megabits per second (Mbs); sustained, and full duplex; I. Brazos County considers the minimum mechanism for providing sustained, full- duplex bandwidth at this level to be by either a fractional DS -3 or a full- duplex, fiber -optic connection. C. Assignment and reverse - address registration of a two /28 ranges of public, non - Network Address Translated IP addresses; or altematively, Assignment and reverse - address registration of a /27 range of public, non - Network Address Translated IP addresses; d. A Service Level Agreement (SLA), the description of which will include a minimum of: I. Uptime, the length of outage required to not be in compliance with the asserted . uptime, exceptions and SLA compensation for Brazos County if and when uptime guarantees are not met; H. Maximum packet latency from Brazos County's network core to the responder's network care, above which the responder will be considered to be in violation of bandwidth and /or uptime guarantees, and compensation for Brazos County if and when service guarantees are not met; iii. Daily, weekly or monthly (at Brazos County's discretion) utilization reports, including peak and average utilization for the reported period provided electronically; iv. The mechanism used by the responder to verify circuiUnetwork availability for Brazos County, and to provide notice to Brazos County when network outages have occurred. 2. Brazos County is requesting that Proposal responders include an itemized listing of and pricing for purchase and for lease of all or a portion of the equipment necessary to complete the physical connection to the responders POP. 3. Brazos County is requesting that Proposal responders include pricing for multi -year extensions to this agreement as well as options for equipment upgrades. E. 4. Brazos County is requesting that any and all associated contractual services related to provisioning the physical link be included and clearly identified in the Proposal response. DEVIATION FROM SPECIFICATIONS Any variation from these specifications must be indicated on the Proposal or on a separate attachment to the Proposal. The sheet shall be labeled as such. Voi. P g' S Proposal Continuation Sheet BRAZOS COUNTY, TEXAS EVALUATION FACTORS Proposals shall be evaluated and rated on the following conditions: Proposal Request No. 2008 -023 Page 5 of 7 pages 1. Time to orovision the entire Internet service as described in Section D. above (35 %) 2. Monthly recurring costs (20 %) 3. Terms of the SLA (This raw score will be based on the results of an equal weighting evaluation of the 4 components of SLA as described in Section D. above) (20 %) 4. Equipment costs (15 %) 5. Installation costs (10 %) G. QUOTATIONS 1. Time to provision the entire intemet service a s D y 2. Connectivity at 6 Mbs; sustained, and full - duplex '12 s' joee M b; f 5 o r2 i O 5-- 6 /n 3. Equipment Purchase: /yorr e. Prr I'm 4. Equipment Lease, Monthly Rate: / ,'//9 5. Installation Costs: Mane H. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other proposer, and that the contents of this proposal have not been communicated to any pother proposer prior to the official opening of this proposal. Signed By: v 5 e✓(/1 _ Title: s•drn J Typed Name: V G n c e SWg a P r 4 y Company Name: Ocln�rnJ 14 flAID - 1u r 5 Phone No. 929 -393 - 9?K Mailing Address: 1 ZD IV /rc, rt r 13 / 1 k 7 75'0 3 P. 0. Box or Street 'city State Zip Employer Identification Number: ( q - ag? 6 0 �p �-\ - J Social Security Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF PROPOSAL REQUEST NO. 2008-023 Vol.�� Proposal Continuation Sheet BRAZOS COUNTY, TEXAS STANDARD PJRCHASE TERMS AND CONDITIONS DEPARTMENT OF PURCHASING BRAZOS COUNTY. TEXAS Sear. end Buyer agree W folows: Proposal Request No. 2008 -023 Page 6 of 7 pages SELLER TO PACKAGE GOODS - Seller cell package 900M in a¢aGrrz war good ©mmerdal pralke. Each mapping deHene smE be dearly and permanenty marked as Ioaows: (a) Sellers same and addmn; (b) Consgnpa's name, address and purchase order orpunkase release nut and the supply agreemenl number t apacatim: (c) Cantainar member a total number of handsome, e.g. bat 1 ce A notes and (d) the number al the mniher bearing the padding and, Safer stall bear will of packaging pans oNesw@e provided. Goads shag be sui packed b micure trial transportation costa and b confrim wth reauremena of corsmern carries al any applicable Smefaations. Buys carol a xeight shat[ be final and protect on snipmmis apt accompanied by backlog Isis. 2. Vemla warrants. parses, and represents that all ronpmants, systems and services Bat are provided as a resulted ememg nb alts oMrxt wetter spednary squired by the cmaad or not snarl be Year 2000 compia 'year 2000 mmplanr shall mean that al romp rte s, systems and services hoof operate axurdtly and n the manner trial as Beaty mate be we related operations when given a i d date cemardng xchury, yea, well aM day. d, TITLE &RISKOF LOSS - The this and reek Nkas die goons hadnd pas to Buyer mW Buya actually accepts the goods at the poor m poets of pull 5. FOB POINT - Delivery of all prodtcs papa this antral eta[ be mark Free On Board to foal destination, at 0e aahess secure le ids denbnd a as indicated an each Delivery Order paled against that dentrov, The age and mk of loss of that goods shall not pass to Elates Call unit rexgl and acceptance aloes pine at had F.O.B. parr, 6. NO REPLACEMENT OF DE. -CTrVE TENDER - Every annular or delvery at goods must fully cortcly wtb at passions at this mrtrad az to time of call earthy and the like. 11 a tender as madewaah done sal July contam, ms Shall menstrual a Impact and SpJa shall not have the right to wheal a cmlurning larder, Knott when Im, tape for performance has not you erpred, the Seller may seasravoy rhMty Buyer M his nkntn Ica are and may than make a conforming tender wmn ate cote& are but net aftemmal 7. PACE OF DELIVERY The pax M delivery than be flat set kdh it the blam M the Purchase coder release entitled Defier To". Any charge trimmed shall be infected by rnomfvum as pwidad for Cane 20 ,'Modlcalivni', hereon. TThe tams o'thh agmemem are'ap amc✓al, rehab'. B. INVOICES AND PAYMENTS a. Eager call subml sapaaa involves be each purchase ode or purchase mission after each delivery. Novices shall ndkae tle purchase ostler a Purdem rebate number and the ssgpy agreement number, it applicable. Invoices shall be benkzed old Vahspaalurh charges, f arty; shat be lmea s ecia ly. A copy d to br ei lml am the imighl waybill when apps le, shard be seemed to IN bvi lca. Mall tat: groups County Auditors Office, 300 East 26m Seen, Suite 311, Bryan, Texas 77803. Payment shag rd I» due pull the above insmxrerns am sabmited after delinay, Supp6cs should keep the Audl Office advised Many Granges in your remltenca addresses It. Randall pbfgatixs is Payable holy and spay from funds Pe ace fo pre purpose M Lacs puchass, Lack of funds steal nerdz ts, mntrad all and void m the want bMS are not available and any delivered bill unread fa goods We an rationed to Seller by Buyer. c Co not include Federal Ease, Stain, Canty. or City Sales Tax. The County shall lumsh tax esempum xni6cate upon request S. GRATUITIES -The Buyer may, by wntee notice a Ba Safer, canml this conbad wibnut liability Safer I it Is determined by Buyer that gratules, in the Jam of entertainment. Bills, a oBmrwse, wpm offered or given by the Sekr, in any agent or repreemmatise at the Seller, to any officer or employee M Estero County wth a view berad encomia a canbad a aewring favcvable normal with respect In the awardkg a ascending, a me making of any detamhmators, with respect to the parlmniry of such a denteai In the event the conbad is connoted by Buyer pursuant to the pension, Buyer shall be ari in addtan to any other rights and remedies, to recover a wmhold at amour ol me coal awned by Sella in prompting such gabtbes. 10. SPECIAL TOOLS '& TEST EQUIPMENT - It the price sated an the face harem inrdudes the debt Many special Ihotg a sperm test equipment fabricated or required by Sella! fa the purpose of Ning tit order, such special aolirg equipment and any articles sheets related thereto shall become the prwerhy d the Buyer and to the anon; masiae snail be idenfihed by the Saber as sun. 1:. WARRANTY PRICE a The prim b be paid by the Buyer shell be That coatmara in Sellers proposal which Seger vanana to be no In Nan Sel current price an orders by others bar products of the knd and specriication covered by the agreement fa sbnor quanbl'ms under humor or Ike conditions and methods of purchase. In the event Seger breaches this vmranty. the pens or the items shall bat reduced to the Selers oatmeal prices on orders by others in he alterative. Buyer may cancel his mntact without WhEty to Solar for breach or Sell actual etperese. b. The Safer vabr, to that no person or boiling agency has been employed a mooned sat sound W secure this contract upon an 39ho evil m understanding la commission, Percentage, brokerage, m contingent fee emeptng boa ride employees of burns We esablishell comnherdel of soling agencies maintained by the Seller for the purpose of mom et busness. Fa breach a v iabill M tls xermnry the Buyer dial have the right in a ldlon to my other right or rights to cancel this cannot wthmul liability and h dedup ham the mhtrad prim, or aMvwse recover (no Wl amount of such commission, pemnuge, brokerage or contingent fee. !2. PRODJCT WARRANTIES - Scalar shat hot Fml or, atdude any kni xananum and any attempt to do so shall render he antra& voidahe at the option M the Buyer. Seller Warans that the goods hammed ail conform to he spedbpdens, aawngs, and don erdweas listed in he proposal invention, and a the seerepu ) bhammad by Settle, t any. In the event of a notified bell.. the specifications, dmxigs, and JawrOws, the SPel*fmb s shall govern 12. SAFETY WARRANTY - Safer ar ant Nat the product sod to Buyer shah mtorm m the standards prorrblgaad by the U.S. Delpartment M Lae under ft a Occupational Safety' as Health A„ d 1870. In No event the product does not sanhem b OSHA standards, Buyer may mum ire product bat casanim or repecemenl at the Selene expense. In the event the Soler alt b make 'he appropriate mtectm wilho a normative tone, omm: ran made by Buyer W be a: Sallee exMae 14. NO WARRANTY BY BOYFR AGAINST INFRINGEMENTS - Fmpos. aarrana mat or i pp5cable patents aad Copyrights which may won on tams proposed upon have been scheme to ono loMer xatroms that Breese Comy shal rhM on table fix ary arraignment M terse rights. Seller agrees b Intend Grams Canty in any legal mtu M action coupling ham any vidations to easing patents, licenses, a copyrights applicable to tems amid hereunder. 15. RIGHT OF INSPECTION - Buyer 0211 lave the dght b aspect ate goods at daNery micro Reopening them. If CANCELLATION Buyer shall have the right to client for aelatl at a any De M the ur eal�veeed pence this order 9 Sider madres any at the Isms "at incLang overcome, of Saint car II SMI. ondpmes msotvaht or demm'6 acts of banbsplq. Such right of onxfatim a in zedition m and not n tap M any Mner mnedies was Soya may have h caw a equly. R. TERMIW.PM - The penbmmxe re nark wider mrs over nay be emened n ahmk or In it by we &ryes n amde. Mfr, are Prodsge lemi nion M ohn heresmdw on be winded by our nelvery b ate soul be • moa-p 7etm . 'usica oe tap enexm b mush ant. d xM under ee now s terrimmd are Ie ate rpm vul vrA aromatic tern. atedia. Bud. lint d lmmwime in akabee in arc nNn Iva a rgms d Byer W farm r, Cause M.. Eemc. sat FCR� F. e -q a seakdFar l Meeax.eW peryho NEeatraeM pmb4 I elrarnrahbvry aiandthe-uo,of an In, bas e. did giro rdvxadM peticemdarm Fore W i.Macyerelt bear Perryxak em rm rlle natan d . 'W dnDe l vmesell t sgm,ark tae -pare P u teaaetdby en fva Majen. atl a pvYkm t the principal d to Ironay Ism tlrmel. rapt az krwehe' ladbk, Era b ro pgerperbl. and nC. Pan1 did edksa In neahwa sr ow+mne ar]e pya d an I hm ver, so rt Mlinumi d T wWby N SCre an ,apweassnrbed Maa. sml tacx mevdG bb. ev e hdmMS, a tllersouban d�mnret, i at Pe em en. rHm, o inavm ndam Yirdd oelMySpb a we Toms or airy ate a m aWmRr, cb in roe, epbemb. Cterde I e ghtnie, eau tat ve hurorrs, mmq boor, wadwt com Ill , .s. reetranl of garwnmvd rid per m ail ea mmed a e on, and aeabgo a aubens b eadkey, pptlae a carne av di. arms r.d s, avaa al lTh ti atl lv d Ee ply p eaY be e& y a e undertake; sal aavea eW ma, eme6 di eeta and bah tndhi inm ito l e we e dndea Dam' peace met bunaepse r can pay FormsMelteeand k nffisale d reamrrade d+PaC, al did rema the kWmN &alm sod krkvdY aY sasig b at k,rrwtls dPe peace, peace, P� am Kn >mIrNN a urdw'aabk a orekdgmamd h pent/ Nvnp to bTsnry. Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Proposal Request No. 2008 -023 Page 7 of pages n. AsGIGnlElli mbg oEtew*vWa b d n:vnpblemin w mnlmm aNa be aay,.eer ebeyarpadanr Ne ap nvk by s¢ tr eilwil pn wnn.n pemiashn due ay.r. An aoenpm anynmml¢ atlm q m ai Set¢ aNl de vde a Nary bnrtedx mrpmea �a eaae m mnlO¢nityaa, be partgrapA 20. WANERS �NV dindryn aNbg vW Vla b nnm OSEwgetl In aukahiarl bgaxeirerV rtiVnmbndae �mdrgkuNms pt natV Vr mem-blhnhxrppvnN Oy mbeeasm ash h „sw w� EyIN apTnaaea am. Zl. 40061CATKkb � lTi mdatl nr.m n¢JSev dresmmO ga,nCbp sgnx' by mN at be me'es dlreir evyramah aym. 12 1NTEAPREIATpA' PAgpl ENGFME � IM1S aipq b NadtO vY Ut Wrlta as z Ntl expreawn d bex agmarcrJ aeA's iNertel abO a a arWeb and e¢Ybve kale W d Ne prlm o' Ne.' apreseanl Ab cmrze d piny mtlnps bepwan be mots ad m asap¢ d p:e mde wl N NevVi b 9+pA¢ V �aN m bn xua h pus ag,eb,sil Amspb�¢ p e�¢a n a ems¢ d psbI'vnm rzrvtiN vMpr Vn ag,etlnml eNa nd b rehvN b Ealmeae IN 11'Gyv,g v1 Pa epramvml eve11 ovdpi W aRylny p yprpaMp Pvy Na ppaayp d Ilr pd'hl'TJKe aM typdvaaly IY OtirGm. WNee2r a IermbM¢e Fry pe Wtdm fomnaril fpCeh and b Wsaye¢ranL vtean[im mmee¢I n pre Uce - n b mmd A APPIGBti UW -ilia agmnvnlaNa'm pmamd by pt Unbm Gairceol GOO¢. aMaevV be enn•NrdvanCmmercblCme ' hmW,lNd be mnYNadmmmmA Ot Jddm Camnercal COea a akd.E in Ce Sde vl Tens m eRemre sE iv brs m. Lx eat d Oaapreenrm M. A�RTISMG - S W brd M adaetim d pudN. vVIW Buyeh v.'>s mneem. be 4tl and Dye, ¢a enlVee Ire¢ tla mM], exmd b M e¢ml ,e¢ saay b m¢e7 xM pmpV rpuees Iv bbrmtlim4m. ee dAV Vatl nGRap4'in d!ro kC Val. 6t. vrbed SVremximt 2S RIGHT TO ASWRANGF WMNw: pe p¢:yb vv a,ntl - er {vtl 6M bm immn bwwf ery wpvys mwbpe(nmyNmay dsmae Yb: tlq viler ptlypie wrB;m mLLan's dlrh iYeM1 m pmismi. m beavem a mmm'¢ mane am m emava s p.ar ¢I'n weGl mn. me eerbrSeg panyneypal Ilrs blare a marei�mp rtprafvlipn d me mnrar,. Z6. VENIEBM pann agree Ndnma br anyl',Spalhe aiY,S hdn P¢mnlnc: kal Ga tOyan; Bums Cmrdy, iexa voi. Pg .- 3 k to CD Lip ( 0 IN In CL 0 -n (ƒ ( \ / �}(\ _ (2] ") w z oo@ (D �� \ \ w /< _ CD fA (D { } ± \ U) Q CA 0 \ \< \ @ - CD w CD 0 < (( \; ,\ \� \�� \ \ 69 " n2/ < 3= z j( ) m� § _ }� C\ ` @ |Q� P. /$ Vol 0 0 ) 0 § } E (D _ CD � Q 0 @ w Brazos County Pu rchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 362 -4293 Charter Wendt, Purchasing Agent Tiffany West, Buyer 11 Leslie Williams, Assistant Purchasing Agent Gail Davis, Buyer I May 9, 2012 Fairbanks Scales 18211 Ammi Trail i- louston, TX 77060 Attn: Gregg Christiansen Re: Renewal ofContractjor Truck Scale Maintenance- 2012 -39R Brazos County would like to exercise the renewal option. for Truck Scale Maintenance — 2012 -39R for the Road and Bridge Department All terms, conditions, and pricing shall remain the same... After Commissioner's Court approval, the renewal will be May 15,2012 through May 14, 2013. To accept the renewal option, please LII out the information and sign below. Return the signed documents by email to Williams@co.braws.tx.us or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as passible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: 2� re 2-t 51Z E -Mail: Pax: Z I l3 Zt S Cl ( o FAIRBANKS SCALES Signature Date BRA GDUI'f - _ s -12 Duane Peters, County Judge Date Pg Vol._ —_ W U N t_ c O 75 C"J V 11- O N c � G LO r A co OE aw VJ co 1 N N T d N O N 0 T A a IL N Z r O c O U O O v = y J d Q C > O W y Lli Z E E U Z T W a 2 V N O o U p of Q O c 0 0 0 a al L C v 0 L Vol._ Pg'��— W A C u U) Z z a v v v) In c w w c p U) aw 00 za o u 2 N U) W V O a C O U C > R 4) d H O N M 00 V fA C O ` eA O 0 u a�i L FLU W "' w U y G ra N N a L O 6 �n • L d O O= N L L LL m p U U C fA N 3 ( D - E t H ` E L :3 > w _ U o � Lm - d a U1 fA to a � 0 c 0 — U E � C y L 7 d V p > F O ° L O W tq 1 A V L Z L L r U U O 'c c C O y m p y d m a1 U 2 m a ¢ 2. U a ° � J N W O �o d aj U rJ Q > o a) m O_ w d a m T d N O N 0 T A a IL N Z r O c O U O O v = y J d Q C > O W y Lli Z E E U Z T W a 2 V N O o U p of Q O c 0 0 0 a al L C v 0 L Vol._ Pg'��— Brazos County Purchasing Department 200 S. TX. AVE., SUITE 352 ➢RYAN, TX 77803 PHONE (979) 361 -4269 FAX (979).361 -4293 ANNUAL SERVICE CONTRACT GENERAL REQUIREMENT FOR CONTRACT (+� may,, I, C:r V�C�� K �w as a duly authorized representative of 1 `^ C —K S c willingly attest to perform Fairbank's Scales for Brazos County for the period of April 2, 2009 through April I, 2010. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present previsions and prices, AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and the County Judge or other person authorized by the Brazos County Commissioncrs Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other chart those listed on a purchase order. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, -1- Vol - p S—_ —_ and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non - response. After the initial award period, this contract can be renewed for 3 (three) additional 1 (one) year periods if approved by Commissioner's Court. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to the County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. INVOICES & PAYMENTS Payments to vendors will not be made if the vendor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the vendor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and the County will pay on invoice. Contracts providing fore monthly charge will be billed and paid on a monthly basis only. The vendor will provide an invoice for each month in which the County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable, This information must be on file with the Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back -up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are.any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. -2- Vol. ► Lo a Pg. 58 Vendor aerees to aricine structure described as the Calibration Agreement attached as Exhibit "A ": the Service Agreement Terms and TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 el seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15,01, el seq., as amended, or the federate antitrust laws, end has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. - 3 - P g' Exhibits "A" through "C ", the terms of this agreement shall control over the terms of Exhibits " A " through "C ". SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items fumished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The ContractorNendor, before starting work for Brazos County, must furnish the County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA© (such companies to be acceptable to the County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance i the amount of $1.000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability nsurance with a $ 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986 /90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims Management. The Certificate of Insurance furnished to the County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County INDEMNIFICATION The Contractor shall defend, indemnify and save harmless the County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by the County may be retained for the use of the County, or in case no money is due, his sureties shall be held until suitor suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished the -4- z90 VOL- P9. County. Contractor shall defend, indemnify and save harmless the County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by the County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agreS§ to qJl- isions and specifications of this contract. Signed By: Title: lxr« - T^c„a Print Name: Company Name: �� �e S i' 4-�t Phone No. Z t: l" t sL`r Mailing Address: W.,rn ' V� P. O. Box or Street City State Zip Employer Identification Number: Social Security Number: Approved by Commissioner's Court on this _ day of _ 2009 by rsition of Brazos County Judge -5- Vol. I In �\ Pg I Customer Name and Billing Address Work Location (if different) Brazos Coun Model No. 2817 21 East Same I Styan TX 1 2 Primary Contact: Kay Commencement Date: April 1, 2009 Phone 979.822.2127 Duration of Agreement: Open Customer P.O. Inspection Schedule: (Check Inspection months) Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ (A ❑ EQUIPMENT LIST Item Model No. Serial No. Descri lion Location 1 2 18752 PLT 7010 1 NIA NIA 2500 Series Indicator 4 Section Truck Scale Road & Bridge Road & Bridge Based on a semi yearly agreement May & November Llal additional equipment and other service requested on Schedule A. FF -0911. (ScheduleA attached) Yes_ NO R The customer accepts Fairbanks Scales' offer for calibration service during the coverage period above on the pro listed for a price of $300.00 per Inspection Additional service work during the term of this agreement will be invoiced at a Preferred Customer Rate plus appropriate truck and travel charges during normal working hours, (earn to 5pm. Monday thru Friday, except holidays). nn Add $ NIA for lubrication to be performed Z 4 � \ Fairbanks Service By Greg Christiansen Customer. no um Bno ure (Typed) (Typed): Srr�c Title Area Service Manager Title: Service Center 216 - Houston TX Date: YTi Date 3118f2009 Reference Service Term & Concillbns No. SOW$ 101981 I FF -0064 Copying Not Permitted VOI. - --y_ Pg -- ---- 10104 Issue No. 8 . -^V .- ❑X Standard Calibration Service Agreement No. 216- 401 D -2009 Other Maintenance Service: SERVICE AGREEMENT TERMS AND CONDITIONS ForfbwM Scales Inc., 821 Locust Kenses City Missouri 64108 (the' Seller') agrees to provide the Customer (the 'Customer") Service coverage for the products baled an the front of this document in accordance with the lama and condrdma set forth below. Term of Agreement (a) The term of this Service Agreement as selected by the Customer Is noted on the front of this Agreement. The Agreement begins on the commencement date elated and will continue for the coverage period selected by the Customer. (b,) Upon commencement of the term, the Sellers obligation to the Customer under any prior agreement for the equipment listed will cease and nether the cualomer nor the Seller will he" any further obligation to the other In connection with the prior agreements, except for payment by the Customer for charges Incurred thereunder. (c.) TNs Agraemenl shall automatically renew for consecutive twelve (12) month period&, unless thirty (30) days prior written notice. Is provided to the other party. All pricing Is subject to change wahoul notice. (d.) The Agreement may be terminated, subject: to Paragraph (c) above, by either party at the and of iota Initial term, or al any time thereafter, upon a" (801 days prior written notice to the other party. 2. if Customer selects Inspection, teat and aatibrellon service, the Seller agrees to: (a.) Inspect and Lost the Customers scab for accuracy. (b.) Make necessary geld adjustments to maintain the scale witNn applicable maintenance % tolerance. g rapers rue required to maintain the sole vAfdn applicable matnlenance %tolerance, extra charges may eppy. (a) Furnish suf0clant teal wemMs to conduct a Proper task In accordance with applicable regulations (d.) Furnish a complete written report of the condition and accuracy of each scab. (e.) Instruct the Cuslomer's employees of the proper opera tion and mainienamo procedures. (f.) Provide service by a factory trained and Nay equipped Felrbanks Service Technlctam 3. Period of Service Availability and Movement of.Equlpment (a) The Agreement price endOm the Customer to Service during, the period of 8:00 AM, to 5:00 P.M., Monday through Friday, excluding excluding those holidays observed by the Seller. Additional charges may be applicable for Service performed outside the standard service period. (b.) Additional charges maybe applicable If the equipment shown In this Agreement to moved to anew facility. . 4. No Warranty and Limitation of Liability (a.) THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILIT' OR FITNESS FORA PARTICULAR PURPOSE UNDER OR IN RESPECT OF THIS AGREEMENT OR THE SERVICES INCLUDED. THE OBLIGATIONS OF THE SELLER ARE ONLY THOSE SET FORTH IN THIS AGREEMENT. (b.) In no owl shelf the Seller, lea oMoere, employees, agents ordbirtbulore bit debts for, and the Customer waives and releases any cleans against the Sever for, any speclat Indirect collateral or crosequsrut,r demeges, including, but not limited lo, lost revenue, lost profile or any other damages reaulft from Pertomtence or failure to perform under this Agreement. Inopersolity of the equipment for any reason, or the equipment being cut of balance. (c.) The Seller will not be responsible for lose of use of the equipment, or for any other liabilities arising from arteretions additions, adjustments, or spars, which are made to the equipment by anyone other than the authorized representatives of the Seller. (d.) The remedies of the Customer, as sel forth herein are exclusive. 8. Tax The Customer agrees to pay the Sealer the amount which the Seiler is squired, to pay on account of any excise, use, sates, or other taxes or charges which maybe esisblshed or levied by any govemrnental authority upon the goods and services provided by the Seller under this Agreement. 8. Payment Payment shall be net thirty (30) days from ills date of the bvolce.(pnlcing subject to change without roars) 7. Governmil Low This Agreement shall be interpreted. governed by prior coratrued in accordance with, th Iowa of the State of Missouril (other then Its rules of conflicts of bas). 50868 0=2 Issue 93 101981 y FF -0084 Copying Not Permitted 1+104 Issue No. 8 .- Vol. _ +�— pg CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2012 - August 31, 2013 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative ( hereinafter "Juvenile Probation') and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Victoria County Juvenile Justice Center ( hereinafter "the Facility") by the Victoria County Juvenile Services Department ( hereinafter "Service Provider ") pursuant to license granted by the Texas Juvenile Justice Department and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre -trial and pre- dispositional status or in the post- dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at 97 Foster Field Dr, Victoria, Texas 77904. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2012 - August 31, 2013. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside Vol. Pg. to Vic Iorig County JuveaiI c J us (ice Center Detention Services Agreement September 1, 2012— August 31, 2013 the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and /or hospitalization outside the Facility ( "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment with twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CE4S) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re- admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. F. Acceptance of a child by the Facility will be determined by space availability. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non - offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act, No child who is intoxicated.or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions . or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event no longer than four (4) hours after notification. It will be the responsibility of Juvenile Probation at its expense, to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre - adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial Vol. P9. 65 Victoria Cnunty .Juvenile Justice Center Detention Services Agreement September 1, 2012 — .August 31, 2013 detention hearing by the Judge of the appropriate Juvenile Courtunless.a new Order has been issued authorizing the continued detention, and a -copy of the new Order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up'to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of the Brazos County. J. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for each child, including awake staff during sleeping hours in a Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI -2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSf-2 shall then be promptly provided to Juvenile Probation of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV 4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 per day for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Psychological services will be provided to the child on an as needed basis at the request of the Juvenile Probation. Department and shall be paid for by the Department. 4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if Vol. 1 19a Pg. .e Vletoria County Juvenile Justice Centcr Detention Services Agreement September I, 2012 — August 31, 2013 appropriate, date service was rendered, total daily cost, and total monthly cost.. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor. Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward '.a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal. year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute; and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in Secure Short -Term Detention, Juvenile Probation shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/ authorization from the Juvemle.Court of Brazos County. Vol. --1L8— pg.— Victoria County Juvenile Justice Center Oelention Services Agreement September 1,2012 — August 31, 2013 ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VII 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 Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child 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: 5 Vol. �a Pg- Victoria County Juvenile Justice Censer Detention Services Agreement September I, 2012— August 31, 2013 1. Local law enforcement agency; and 2. 'Texas Juvenile Justice Department by submitting a TJJD Incident Report. Form to facsimile number 1 -512 -424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1 -877- 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident . shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (979) 823 -4211, and Service Provider shall contact Juvenile Probation by telephone at (979) 823 -3544 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; Texas Juvenile Justice Department 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 TJJD Incident Report Form shall be submitted by facsimile number 1- 512-424 -6717 or by email; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (979) 823 -4211 and Service Provider shall contact Juvenile Probation by telephone at (979) 823 -3544 within 24 hours. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement A. An allegation or incident includes the witnessing, 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. Vol. Pg' —=J-- Victoria County duveni1c,lusticc Center Detention Services Agreement September I, 2012— August 31, 2013 C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contactor 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. 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 term includes a juvenile justice alternative education,program and a non- residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE 1X' 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 children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet -based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. Vol. I �� Pg. '70 Victoria. County Juvcnile.luslice Center Detention Services Agreement September 1, 2012— August 11, 2013 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10)- years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9:05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised . access to children . in a facility or program until at least one year has elapsed since the completion of any period .. of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of Service Provider that has direct contact with children; 8 Vol. ' �� p -7 1'ictari2 Cmmty Juvenile.1mticc Center Detention Services Agreement September 1, 2012 — August 31, 2013 D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's emplovees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct unsupervised contact with children in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and.all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE 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 employee; prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 1.3.01 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. Vol. 9 pg•�_ Victoria County Juveni lei ustice Center Detention Services Agreement September 1, 2012— August 31, 2013 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 following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 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 l me during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not Limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE 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 XVIl REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; 10 Vol.___= Pg.---- — Victoria County Juvenile Justice Center Detention Services Agreement September I, 2012— August 31, 2013 C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and /or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/ facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII 'TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held 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 XXI PRIOR AGREEMENTS SUPERSEDED 2101 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for 11 4 Vol. Pg- Victoria County Juvenile.) ustice Center Detention.Serviccs Agreement September 1, 2012 — August 31, 2013 such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Brazos County having . juvenile jurisdiction EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this day of 201 Brazos County Probation Depar ent Chief Juve e Probation Officer Victoria County Juvenile Justice Center Don R. Pozzi; County Judge Brazos Cou Authorized Official Stephen Williams Chairman, Juvenile Board 12 5 Vol. Pg•� CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDEN SERVICE OF JUVENILE OFF SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Residential Services September 1, 20 12 - August 31, 2013 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative (hereinafter, "Juvenile Probation ") and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning residential care services provided at the Victoria County Juvenile Justice Center (hereinafter "the Facility") by the Victoria County Juvenile Services Department (hereinafter, "Service Provider ") pursuant to license granted by the Texas juvenile Justice Department, and /or any other appropriate State agency with licensure or regulatory authority over the facility ( "Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The Facility to be utilized is operated by Service Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904. ARTICLE lI TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2012 - August 31, 2013. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III SERVICES 3.01 The two level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Justice Department. Service Provider will provide the following level of care services: Vol. Pg•� Victoria CountY Juvenile Justice Center Residential Service., Agreement September 1, 2012 — Au gust 31, 2013 A. Basic Level of Care consists of a structured, supportive residential setting that is designed to maintain or improve the child's functioning. It includes routine guidance and supervision to ensure the child's safety, involvement in age - appropriate structured activities, rehabilitative services and guidance from professionals or paraprofessionals to help the child attain or maintain functioning appropriate to the child's age and development- Basic Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. All Secure Post - adjudications facilities that are registered with the Texas Juvenile justice Department and certified by the local juvenile board , qualify for the daily rate listed. above. B. Specialized Level of Care consists of a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the child's functioning. These services , reflect a full range of social, psychosocial, and rehabilitative interventions and may include, but are not limited to, substance abuse services, sex offender treatment, special populations, mental health services and services for pregnant females. Specialized programming is developed and implemented by appropriately credentialed professionals. The provision of individual, group and family therapy and other therapeutic interventions and programs, are managed:and administered by appropriately licensed, mental health professionals (e.g., psychiatrists, psychologists, therapists, counselors or paraprofessional staff under the direct supervision of professional therapists or counselors). Review of a child's continued need for specialized services shall be conducted at least every 90 days by an appropriate mental health professional and /or treatment team. Specialized Level of Care requires the facility meet all applicable standards under Title 37 Texas • Administrative Code. Secure Post - adjudications facilities that are registered with the Texas Juvenile Justice Department (TJJD) and certified by the local juvenile board may qualify for this higher level of funding by submitting an application to TJJD for approval. 3.02 Service Provider will perform the following services: A. Provide basic resideniialservices, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene: items, hair cuts, transportation, school supplies, and room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off - campus visits or furloughs major incidents and worker. contacts. Any and all costs . associated with off - campus visits or.furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, juvenile Probation staff and contracted childrem for the purpose of justifying continued placement. Justification shall be done at a.minimutn of every ninety (90) days. A copy of the placement justification shall be submitted to juvenile. Probation within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. Juvenile Probation and parents will be informed �� 2 VOI. ___J_ 1- Pg'. -1-- Victoria county Jnvcnire Justice C.Cn ter Residential Semces Agreement Scptembet 1,2012 — August 31, 2013 immediately if during working hours. After normal working hours, every effort will be made to notify juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to juvenile Probation a written Individualized Treahnent /Case Plan developed in concert with the child and mutually agreed upon by the appropriate Service Provider staff and Juvenile Probation within thirty (30) days of placement. Said Individualized Treatment /Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Treatment /Case Plan with the child and the assigned Service Provider staff at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward tiieeting goals setforth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment /Case Plan shall contain the reasons why the placement may benefit the child; shall specify behavioral goals and objectives being sought for each child; shall state how the goats and objectives are to be achieved in the placement; and shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Treatment /Case Plan and the periodic reviews. H. Provide juvenile Probation with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to juvenile Probation for periodic inspection. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of children in program successfully achieving set educational goals, percentage of children achieving set vocational goals, percentage of children achieving set social skills goals, percentage of youth demonstrating overall progress, and number and type of investigations made by the Departmentof Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to juvenile Probation for periodic inspection. K. Any and all medical/ psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either juvenile Probation, Medicaid or health insurance. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. Victoria Cnnnty Juvenile Justice Center Residential Sttviccs Aereeinent September I, 2012 - August 31, 2013 ARTICLE IV EVALUATI 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 terns 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: . L Ensure children complete residential placement. 2. Prevent re-referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total . number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed, as a guaranty of outcome or performance by any child. 4.02 Service Provider shall reporton a monthly basis to Juvenile Probation as to each of the foregoing output . and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. Vol. I a Pg. -� 9 Vialoria County Jo Centcr Residenlial Services Agrm nva Septeinbcr J. 2012 — Angusl 31, 2013 ARTICLE V COMPENSA11ON 5.01 For and in consideration of the above-mentioned-services, Juvenile Probation agrees to pay die Service Provider the sum of $98.OU per day for each child whether male or female, admitted under "Basic" Level of Care, $140.00 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas juvenile justice Department. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Female Offender and Pregnant Offender Programs are recognized as a Specialized Treatment program and payment for the same shall be at the Specialized Level Care rate set forth above. Payment is due within 30 days of receipt of bill ing and shall be mailed to: Victoria County Juvenile Justice Center 97 Foster Field Dr. Victoria, Texas 77904 AT7: Pama Hencerling, Chief JPO 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to Juvenile Probation. An initial Psychiatric/ psychological evaluation that has been conducted within the last 12 months is required prior to acceptance into the program. 5.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis, Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly.cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor. Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 juvenile Probation shall be responsible for all of the juvenile's medical expenses, And Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for medical expenses. If an emergency examination, EMS treatment, health care treatment, and /or hospitalization outside the Facility (hereinafter, "Outside Treatment ") is required for a child placed in the Facility, the Administrator of the Facility (hereinafter, " the Administrator ") is authorized to secure the Outside Treatment at the expense of Juvenile Probation. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty -four (24) hours of its occurrence. Juvenile Probation shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post - Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. In all other medical situations, the Service Provider is authorized, but not required, to make arrangements with vendors, at Juvenile Probation's request,. for the provision of medical treatment at the expense of juvenile Probation. If the Service Provider makes such arrangement, the Service Provider is authorized, but not required, to seek coverage or reimbursement of expenses from all sources, including but not limited to, Medicaid, Social Security, medical insurance coverage, or contributions from parents or others and deducted from the invoice submitted to Juvenile Victoria County hrvenilc lustica Center Residential Services Agrennent Septa nber 1, 2012— August 31, 2013 Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control- hr any event, responsibility for payment to vendors or reimbursement to Service Provider is the ultimate responsibility of Juvenile Probation. Service Provider will invoice Juvenile Probation for any non - reimbursed funds advanced by the Service Provider, and the Juvenile Probation will remit to the Service Provider, within 30 days of invoice, full and final payment. 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this Contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service. Provider does not obtain an annual outside audit,.then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the years tax forms and documentation. The accounting shall be provided to Juvenile Probation.thirty (30) days prior to the renewal date of the contract. 5.06 it is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this Contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive state funds as required by Texas Family Code Section 231.006. 5.10 Except to the extent that a party tothis Agreement seeks emergency judicial relief the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall rhoosea mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, Juvenile Probation shall call the Facility to ensure that space is available. Placement of children by Juvenile Probation may be denied if space limitations require as determined by the Facility. Vol. _� Pg. vict uria Co." ty dnvrnile Justice Center Reaidwiial Services Agmei*wt Scplember I, 2012 — Auwst 31. 2013 6 "02 A child will only be accepted in the Facility upon receipt by the Administrator of a proper order from the Juvenile Court of Brazos County and other documentation required by Service Provider. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff _ofthe Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify Juvenile Probation of Brazos County of this determination. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department . that originally authorized the placement of the child, 6 "07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Juvenile Probation or other appropriate authority of Brazos County pursuant to: (a) Section 6.04 of this Contract or, (b) an Order of Release signed by the Judge of the Juvenile Court of Brazos County" 6"08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51 "12. 6.09 Juvenile Probation reserves the right to terminate the child's placement with Service Provider at its discretion. Service Provider must not release a child to any person or agency other than Juvenile Probation without the written consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01. Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionna to the staff of Service. Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted 7 Vol. 1 Pg. 8a� vtef uric Count) Juvenile Justice C,,(,, Rm&mial Services Agteemcm Sepiember 1, 2012 — August 31, 2013 children as requested on forms provided by juvenile Probation. 7.03'. For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7,04 Service Provider will keep a record of all services provided to juvenile Probation under this agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation - Service Provider will maintain the records (a referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor (aka "Service Provider ") understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor', agency, to conduct an audit or investigation iti connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the contractor and the requirement to cooperate is included in any subcontract it awards" ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Contract, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty- four(24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786-7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt. and Vol. i'Y'.� Victoria County Juvenile Jus Lice Center ResiGenfial Services Agreement September I, 2012 -- Augtst 31, 2013 3. With respect to juveniles placed by juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours atfacsimile number (979) 823 -4211 and Service Provider shall contact Juvenile Probation by telephone at (979) 823 -3544 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately; but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department 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 Tj JD Incident Report Form shall be submitted by facsimile number 1-512-424-6717 or by email; and 3. With respect to juveniles placed by Juvenile Probation,. the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (979) 823 -4211 and Service Provider shall contact Juvenile Probation by telephone at (979) 823 -3544 within 24 hours. 9.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a child, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 9.03 As used within this Agreement: A. An allegation or incident includes the witnessing; learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as.to the occurrence or an alleged abuse, neglect, exploitation; death or other serious incident involving a child in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape; reportable injury, youth - on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a child that includes sexual, abuse by contact or sexual abuse by non - contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. 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, 0' Vol. �� _ pg. a Victoria scanty Juvenile Justice Censer Residential Services Agremew September 1, 2012 — August 31, 2013 juvenile board or governmental unit that serves children under juvenile court jurisdiction. The term includes: a public or private juvenile post - adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and public or private non- secure juvenile past - adjudication residential treatment facility housing children under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves children under juvenile court jurisdiction or juvenile board 'jurisdiction. The term includes a juvenile justice alternative education program and 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 X C RIMINAL HISTORY SEARCHES 10.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, items, volunteers or contractors providing services in -a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 10.02 Criminal history searches shall include the following: A. Texas cri m inal 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. 10.03 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 period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 10.04 As used within.this Agreement, a disqualifying criminal history is a history that includes anyone of the following: A. A felony conviction against the laws of this state, another state,.or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; 10 Vol. -1-6-01- �� gS Victoria County Juvenile Justice Center Residential Services Agreement Sep ember 1, 2012 - August 31, 2013 E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past, five (5) years; F. A currenijailable misdemeanor deferred adjudication, probation or parole;. or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 10.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal History, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed sure the completion of any period of incarceration, community supervision, or parole. 10.06 Any of Service Provider's employees, interns, volunteers or contractors with disqualifying criminal history shall be prohibited from having direct unsupervised access to children in juvenile justice facility or ajuvenilejustice program. 10.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE XI DISCLOSURE OF INFORMATION 11,01 Service Provider warrants that, prior to entering this Contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all li8gation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children; C. Any arrest of any employee; intern, volunteer, subcontractor, agent and /or consultant of the . Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in child abuse, neglect and /or exploitation investigation where an employee, intern, vohmteer, . subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex . offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a. criminal history. For the purpose of this Agreement, the term "criminal history" shall include; (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 0 Vol. -- Pg• Victoria Counly Juvenile Justice Center Residential Services Agrccmen[ Sepicmber I, 2012 — August 31, 2013 G. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 11.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile, Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenilejustice program. ARTICLE XII EQUAL OPPORTUNIT 12.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. it will not unlawfully discriminate against airy employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex religion, disabilit or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE X1II ASSIGNMENT & SUBCONTRA 13.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIV OFFICIALS NOT TO BENEFIT 14.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate hn any decision relating to this Agreement which affects or conflicts with his /her personal 'interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XV DEFAULT 15.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement,.as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including . failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 12 Vol. I � q Pg. 8 Victoria County Joeenile Justice Cenl er Residential Services Agrecme it September 1, 2012— August J 1, 2013 ARTICLE X VI TERMINATIO 16.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or & Upon expenditure of available funds. 16.02 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 maybe in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVII WAIVER OF SUBROGATION 17.01 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 XV11I REPRESENTATIONS & WARRANTIF 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State.of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees; interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and /or consultants that have contact with children in a juvenile 13 Victoria County Ju+•enile Justice Center Residential Services Ags —ment Seplembcr 1, 2012 — August 11, 2013 justice facility or juvendejustice 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 re available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Nntice to Employees Regarding Abuse, Neglect and Eaploitalfon. ARTICLE XIV TE XAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accurdance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable. in Victoria County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 Incase 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 thereui. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the judge of Brazos County havingjuvenile jurisdiction. 14 Vol. _' - -- Pg. N9cturfa County Juvenile Justice CenIcr Residemial Smicas Age cmcm Sepi tuber 1, 2012 — Augmt 31, 2013 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL I IAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we here unto affix our signature this. —/ 4C day of__�_ 201. Brazos County Pr on DepLe Chief Ju'en' Probation Officer razos County Authorized Official 15 Victoria County Juvenile Justice Center Den R. Pozzi, County Judge Stephen Williams Chairman of the juvenile Board 7; Zi- tiq A� Q ©cumen t'G701 -2001, � e Ordek �7 i., AV OJ CT.: (Name and adit ens) 'CHANGE ORDER NUMBER. Tm,.(2) ,. ' OWNER Q im & a 26 q - y " p0e- MA; "'O'S - 10 May 207.2 f E �JJFT jCT -,W ARC : n 1 033 . . . . . . r L % -:-!-� f BER. E. r,24thf ❑ CONTRACTOR CO add ress) RELD ❑ T C CSttg L P CONTRACT DATE ',A NoVeMt3Er. R Q �Ij . brHE ��: ations F , - V 0, 'n ,fE, � PKI Md tribuiabld RW� qF I V - . ­­ 6 ...... l t y, 4, m 'T I.f if o CW 3: h u e 1 j a % mo to dij ...... .... ..... - I :�6';�`i' i U CbAh Ord erryas �'P` - 1 - M 3 9]5 965 00 )'will be-(inc=ased)- (ti itiol 0 'o"Z ti, including df-is'X b1i br - 577 o ; $ T I M, -sevp i7} mTpd) by,. of S Change 6M st-;; ... ... . th e d a te 016 -- ---- - 7 7 t g, L6r It- bqth;zG10,wqei. and Contracto ri 4,0 I e on I A16 OP my0mvphil j 4E:ARCHrrECT, iCONTRACTOR AND AWEIER c pdt Cbimty� 6 Its Fj"jj t St xeet"'­ N 4 Cr % �20 5 -- PLY I M- I -; ; � `-77801� '}! J'Wf4 ­ ss "t , , c r. gme . . . . . . . . . . . A- - - - � (sirara 'I b A RN d d: !t t MTE -s'tgW dporlainstAlA.CiIntmct Document, on* hi J WJ ! R T M Change Order Number Two Page 2 Attachment to Change Order Number Two Renovations to an Existing Facility Brazos County Courthouse Renovations Phase III Bryan, Texas Project Number: 1033 You are directed to make the following changes in this Contract: ASI #5 1. Cooling tower bypass valve $ 23,900.00 2. Revised parapet bracing detail $ 0.00 3. Revised scope of work for "Station 1511" (Control Room) $ 2,060.00 4. Basement Access Tunnel 202, revised concrete support beam S 858.00 5. Delete 24x12 single air opening, fire damper & security bars to District Clerks office. $ 0.00 ASI 98 6. Re -feed a new circuit to exist. exterior light poles and flag pole Lights $ 2,260.00 7. Additional footing and pilaster of Elevator 4 $ 18,680.00 8. Additional conduit at Cooling Tower $ 577.00 9. Electrical service to VAV boxes at 2n Floor $ 1,206.00 10. VonDuprin Electrified exit devices $13,397.00 11. Emergency power for exterior doors $ 2,674.00 TOTAL for Change Order Number Two (2) $ 65,612.00 OSCMn,e Oedn Ana.Fmmt a Pg. a Vol. ,EIZSON 701 South Texas Avenue PA Bryan, Texas 77803 A SCC H IT�TS Voice —979 775 6036 Email - desi ntarch.com - Xul „_. www.patarcT.com PROJECT: Courthouse Renovations - Phase III TRANSMITTAL PA # 2010 -1033 TO: Mr. Charles Wendt Brazos County 200 South Texas Avenue, Suite 352 Bryan, TX 77803 TRANSMITTING: Herewith Under Separate Cover ITEM(S): For: Via: Drawings Product Literature Approval Use Mail Fax Prints Specifications Distribution Information Courier By Hand (979) 361 -4292 P (979) 220 -0068 C DATE: 05/14/2012 Shop Drawings Change Order # 2 Review /Comment Signature Required Overnight Email /FIP Sub# Qty Date # Pgs Description 3 05/14/12 Change Order number two (2) NOTE: PLEASE SIGN ALL THREE (3) COPIES AND RETURN TWO (2) TO PATTERSON ARCHITECTS CC: file Sent y: Brenda Swim Vol. Pg.—L S AIA Document G701 TIM —2001 Change Order PROJECT: (Name and address) CHANGE ORDER NUMBER: TW (2) OWNER ❑ Brazos County Courthouse Rentrv6kiLgns 10 May 2012. ARCHITECT ❑ Pahse III 300 B. 26th Street ARCHITECTS PROJECT NUMBER: 1033 CONTRACTOR ❑ Brryyan I?xas 77803 T6COI�TRACTOR: (Name and address) FIELD ❑ Madison Construction, L.P. CONTRACT DATE: 4 Novenber 2011 OTHER ❑ P.O. Box 3787 Bryan, Texas 77805 CONTRACT FOR: Phase III Renovations The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) See Attached The original (Contract Sum) (43aatanteed was $ 3;903;210.00 The net change by previously authorized I Change Orders s 12,755.00 The (Contract Sum) (eamanuced Nt Aimun, r ce) prior to this Change Order was $ 3,915,965. 0 The (Contract Sum) (6uareeteed - Piiee) will be (increased) (d=easeIO(pnchaaged) ` '; 612.00 by this Change Order in the amount of S The new (Contract Sum) (6aararrtee&1d=jmun,ih ee) including this Change Order will be S 3,981,577.00 The Contract Time will be (increased)tcluv easel (mtcharrged) by seventeen ( 17 ) days The date of Substantial Completion as of the date of this Change Order therefore is 21st January 2013. (Note: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede - the Construction Change Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. P atterson � Architects / 8M I T me Avenue Madison Construction Brazos County Firm .it)O East n t "h Street Bryan, Texas 778 s BY (Signarure)'., Judge Duane P eters (Typed name) CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document G701 — 2001. Copyright 9 1979, 1907, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Art Document, or any portion of II, may result in severe civil andcriminal penalties, and will be prosecuted to the maximum extent passible under ia law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report cepyd ht violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyn9ht ai ( ^al Voi. �°�— Pg• Mike Jones (Typed name) H t.. �0 /aZr° DA� .5• /D •[2. DATE Change Order Number Two Attachment to Change Order Number Two Renovations to an Existing Facility Brazos County Courthouse Renovations Phase III Bryan, Texas Project Number: 1033 You are directed to make the following changes in this Contract: Page 2 ASI #5 1. Cooling tower bypass valve $23,900-00 2. Revised parapet bracing detail $ 0.00 $ 3. Revised scope of work for "Station 1511 (Control Room) $ 2,060.00 4. Basement Access Tunnel 202, revised concrete support beam $ 858.00 5. Delete 24x12 single air opening, fire damper & security bars to $ 0.00 10. District Clerks office. $13,397.00 $ 2,674.00 ASI #8 6. Re -feed a new circuit to exist. exterior light poles and flag pole lights $2 7. Additional footing and pilaster at.Elevator 4 $' 18,680.00 8. Additional conduit at Cooling Tower $ 577.00 9. Electrical service to VAV boxes at 2n Floor $1,206.00 10. VonDuprin Electrified exit devices $13,397.00 $ 2,674.00 11. Emergency power for exterior doors TOTAL for Change Order Number Two (2) $ 65,612.00 / n q6 Vol. 1� �1� +.RY `a ^j Pg. 0 AI A Document G701TN —2001 Change Order PROJECT: (Name and address) CHANGE ORDER NUMBER: TWO (2) , OWNER ❑ Brazos County Courthouse Re ... V & kk ons 10 May 2012 Phase III ARCHITECT ❑ 300 E. 26th Street ARCHITECT'S PROJECT.NUMBER 1033 CONTRACTOR ❑ B in Texas 77803 TO CONTRACTOR: (Name and address) FIELD ❑ Madison Construction, L.P. CONTRACT DATE: 4 November 2011 P.O. Box 3787 . OTHER ❑ Bryan, Texas 77805 CONTRACT FOR: Phase III Renovations The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previmuty executed Construction Change Directives) See Attached ,x The original (Contract Sum) (E}maran>r c E} zaiimmh Pric .) was $ , 3,903`7210.00 The net change by previously authorized, Change Orders 12, 755.00 The (Contract Sum) (Ceiaateed'toFaQtmmrPric,;) prior to this Change Order was - .R " 5 3,915,965.00 The (Contract Sum) (6uarfekeed- k4a*imtta Priee) will be (increased) (decreased) (mnitranged) by this Change Order in the amount of $ 65,612.00 The new (Contract Sum) including this Change Order will be $ 3,981,577.00 The Contract Time will be (increased) ( decreased) (mtettartged) by seventeen ( 17 ) days The date of Substantial Completion as of the date of this Change Order therefore is 21st January 2013'. (Note: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.. Pa Architects M cN Construction �O1 Avenue P. O. cT Box Bryan, Texas 77PO31 Bryan,, Texas ( 77805 sr . (Typed name) DATE 1 a12. � Mike Jones (Typed name) D TE CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document 0701T. -2001. Copyright C 1979, 1987, 2000 and 2001 by The American Institvle of Architects. All rights reserved. WARNING: This AIA Documam is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, email The American Institute of Architects' legal counsel, copynght@ala rg vol t. 4 to e s Pg. 0 1 49 pvv County SOU Street Change Order Number Two Page 2 Attachment to Change Order Number Two Renovations to an Existing Facility Brazos County Courthouse Renovations Phase III Bryan, Texas Project Number: 1033 You are directed to make the following changes in this Contract: AS[ #5 1. Cooling tower bypass valve $ 23,900.00 2. Revised parapet bracing detail $ 0.00 3. Revised scope of work for "Station 1511" (Control Room) $ 2,060.00 4. Basement Access Tunnel 202, revised concrete support beam $ 858.00 5. Delete 24x12 single air opening, fire damper & security bars to District Clerks office. $ 0.00 ASI #8. 6. Re -feed a new circuit to exist. exterior light.poles and flag pole lights $ 2,260.00 7. Additional footing and pilaster at Elevator 4 $18,680.00 8. Additional conduit at Cooling Tower $ 577.00 9. Electrical service to VAV boxes at 2 "' Floor $1,206.00 10. VonDuprin Electrified exit devices $13,397.00 11. Emergency power for exterior doors $ 2,674.00 TOTAL for Change Order Number Two (2) $ 65,612.00 6 CNngrOAn Al1"hn 4 Pg. -�� Document G701ru - 2001 Change Order PROJECT: (Name and address) CHANGE ORDER NUMBER: TWO (2), Brazos County Courthouse Ren cv 6W S 10 May 2012 Pahse III 300 E. 26th Street B an Texas 77803 T CO <TRACTOR: (Naive and address) Mattison Construction, L.P. P.O. Box :3787. Bryan, _ Teka_s -77805 3n ARCHITECT'S PROJECT Nl1MBER: '1033 CONTRACT DATE; 4 November 2011 CONTRACTFOR: Phase III Renovations OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ .The Contract is changed as follows: (Include, where applicable,.anyundisputed amount attributable to previously executed Construction Change Directives) See attached The original (ContractSum)I(f3var�teef nanrPike)was $ ( 3,903;210.00 The net change.by previously . authortu a.Change Orders 5 ,, 12,755.00 The (Convect Sum) (Qmttapfted 3vlaxirrrvrtrPrice) prior to this Change Order was ` >, »" r` $ 3915 , 965.00 - - - The (Contract Sum) -(Gttk&rtteed- Me*irttwe-PAft) will be (increased) (dec =edj . by this Change Orde{ in the amount of "Q ": ''' $ 65,612.00 'the new (Contract Sum) (6inrnu teetivf itnuar Trice) including this Change Order will be $ 3, 981,577.00 The Contract Time will be (increased) (decreased] (MICItanged) by seventeen (17 ) days The date of Substantial Completion as of the date of this Change Order therefore is 21st January 2013 _ (Note: This Change Order does iwi'incfude- changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have - - been authorized by Construction Chajoi Directive until the cost and rime have been agreed upon by both the Owner and Contractor, in which case a (�hangc Order it "eCyied to supersede the Construction Change Directive.) NOT VALID UNTIL SIGNED THE ARCHITECT, CONTRACTOR AND OWNER. P atterson Architects Madison Construction Brazos County �tgccH Mi ame) C r CTOR ( F' e) ov�H Fi m n f U1 SOUtnxas Avenue >t�. Eox .�° .iODt X >a Bryan, Texas 77,a 3 Bryan,,,'Texas 77805 / -1�yan, Te 7780 _Pi v Fred A. Patterson, :'Jr. Mike Jones Jiidae Duane Peters (Typed name) • . _Te name) ' ,p(Typed name) DATE DATE DATE CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. AIA Document G701 -2001. Copyright 01979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA' Document, or any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers ale permitted to reproduce ten (10) copies of this document when completed. To repo yApht violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ I C X J Vol. Fig. Change Order Number Two Page 2 Attachment to Change Order Number Two Renovations to an Existing Facility Brazos County Courthouse Renovations Phase III Bryan,Texas Project Number: 1033 You are directed to make the following changes in this Contract: ASI #5 1. Cooling tower bypass valve $ 23,900.00 2. Revised parapet bracing detail $ 0.00 3. Revised scope of work for "Station 1511" (Control Room) $ 2,060.00 4. Basement Access Tunnel 202, revised concrete support beam $ 858.00 5. Delete 24x12 single air opening, fire damper & security bars to District Clerks office. $ 0.00 ASI #8 6. Re -feed a new circuit to exist. exterior light poles and flag pole lights $ 2,260.00 7. Additional footing and pilaster at Elevator 4 $18,680.00 8. Additional conduit at Cooling Tower $ 577.00 9. Electrical service to VAV boxes at 2 " Floor $1,206.00 10. VonDuprin Electrified exit devices $13,397.00 11. Emergency power for exterior doors $2,674.00 TOTAL for Change order Number Two (2) $ 65,612.00 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 15, 2012 ITEM: Request from Verizon Communications to construct an 80 ft. road bore in the right of way of Konae Bridge Road (provide service to address no. 6550) Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION See attached back -up material. REQUIREMENTS • No work will be permitted between front slope and/or back slope. • No work shall be done within 3' of driveway culverts measured from outside culvert walls. • All installation(s) shall be constructed in designated utility easements, . if applicable. If no utility easementexists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and /or, 2) in the case ofa 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. • All disturbed areas shall be compacted in 8" lifts to 90% 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. • All disturbed areas will be seeded after completion of grading. • 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. • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site. SUBMITTED BY: AP�PR�OVED BY: R zi4 A /- o �(�.c�� W&4 R. Alan Munger, P.E Commi sioner Lloyd Wassermann County Engineer V Precinct 1 CC2012 -019 This Request is Approved ?',�or Denied 0, by Commissioners' Court Da Duane Peters, County Judge Vol. (I Pg. 10 verizon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 MAY. 04. 2012 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416- 9P012DB which is scheduled for 04/09/2012 If you have any questions concerning this work, please contact ANTHONY VITANZA at our office in Bryan, telephone 979 - 821 -4754 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, n OV41�XCk 'V I — BRENDA VAJDAK Supervisor— Network Engineer JS:ec Attachment Vol. _1 011 Pg• 101 VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Installation MAY. 04, 2012 Formal notice is hereby given that GTE SOUTHWEST INC. d /b /a VERIZON SOUTHWEST will construct a communication line within the right -of -way of a County Road in Brazos County, Texas as follows: SOUTH OF THE KOPPE BRIDGE RD AND MINTER SPRINGS INTERSECTION A 80 FOOT 2" PVC BORE WILL BE MADE ACROSS KOPPE BRIDGE RD FROM THE EAST ROW TO THE WEST ROW FOR THE PLACEMENT OF A DROP WIRE WHICH WILL BE BURIED TO 6550 KOPPE BRIDGE RD The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after MAY. 04, 2012 VERIZON COMMUNICATIONS 5416 - 91 en VC, So(r,4f Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 Vol. P g !0 r �. a a— rt e+ C � 1 t .. � 71h .. t , N • ga.TMl'x� v h r i 1 'nu � n '^P`.. '. '-. T � � � 0.� � f •;_ s r "mil. 2t " qk z � '�CS.��. O b m� m Nz ? �p -2 m m iNI!V N�hn�m�n Y1 mNBLL_d_d_d_d •Z- GV�V�V�V% b � qq m m y� P NN �fmi N tmV mY1 b d P A 5 Y ;1� ')+ 10A D , i� J i h '1 � I a J C _y V O N p N Nm~ m ryW N J OY ^ m YIBP G^ m i bJ Yu \ \ \ Hy3y S! 1 b9 d 1 d _ 1 nN^ryNm 1 m mNdBnnN m� __rvryry 1 _ mm'n ° eS °¢ 1 � 1 b o P yl �m�mm�N� d Nmn ry�m 1 :�LLy~ op 1 b 1 1� 1 1 1 Vol. �— s - O Lo W J W F i YHA p u �+ x • r v s f't Y d CC J > O ir" 4 . � a a w fL a w 0 Z Q C m Q 3 0 0 m O N O a O 0 0 rn cn C m a LE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT MEETING DATE: SUBJECT: Road & Bridge May 15, 2012 Right -of -Way Acquisition Acceptance of Special Warranty Deed from E. Duane Peters and Patricia Kay Peters Boyd, Individually and as Co- Trustees of the E.E. and Lola R. Peters Children's Trust and The Estate of Diane Peters for 0.2295 acres of land to be used for improvements to Weedon Loop located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: jcj /f . Salvato Right of Way Agent This request is OAPPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 5 6 Vol. Pg. 105 Commissicner Yrecinct L AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS COUNTY OFBRAZOS BEFORE ME, the undersigned authority, on ► Y `Q,t.� J � Z ( p ersonally appeared EF tM1�Y , e �es who being duly sworn, deposes and says: 1. That he /she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of of Brazos County, Texas concerning Agenda Item No. 1 3 J ofthe Court IA,g1e-nda dated r � + � 5 + Z described as would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or 515,000 or more ofthe' fair market value of the business entity; or O b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or O c. An equitable or legal ownership in real property with a fair market value of $2.500 or more; or (� d. A person related in the first degree by either affinity or consanguinity tome has a substantial interest as defined above; or O e. other 3. That I will abstain from participation in them tl to a orized by lawgnatu SWORN TO AND SUBSCRIBED BEFORE ME this the J--j- day of 20—(9) NffffffMffffMNff fYffMM .� No Notary Public *• ° STATE OF TEXAS My Cant. Exii.O809/2015 fffHffff Nfflff.Mf N fff NN Filed: Notary Public in and The State of Texas County Clerk Vol. P', � BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge May 15, 2012 Private Property Access Request permission to enter private property owned by Mary jean Christian Wakefield King located on Merka Road for the purpose of installing fence to eliminate the possibility of horses running into power line guy wires due to the required relocation of the BTU power line. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. SUBMITTED BY: e V. Salvato ght of Way Agent This request is [7 A PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County judge DATE: Vol. L� P I U Commissioner Precinct 2 0 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissoner Pct. 1 Sammy Catalena. Commissioner Pct.2 Kenny Mallard Commissioner Pct.3 Irma Cauley Commissioner Pct. 4 OWNER(S): Mary-Jean Christian Wakefield King R. Alan Munger, P.E. County Engineer Brazos County Road 6 Bridge Dept. 2517 Hwy 21 Wast Bryan. Terns 77803 OBlce: 978-822 -2127 Far: 979 - 775 -0453 amunger®brazoscounlylx.gov II. ADDRESS: 5300 Merka Road Bryan, Texas 77808 III. LOCATION OF WORK: Same as above R13761 — TM Splane, A -53, Tract 27, 28.647 acres IV. DESCRIPTION OF WORK: Project will install fence on private property to provide protection of owner's horses. This fence is required to eliminate the possibility of horses running into power line guy wires. Brazos County Road and Bridge is requiring the relocation of the BTU power line for the Merka Road widening project. This work is being done for the health, safety and welfare of the general public. V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property to construct said fence. It is also understood that upon completion of said fence, any and all maintenance becomes owner's responsibility. 0� 1 c ��D lz 2�t2 Owner's Signature: 1 R. Alan Munger, ff E. J V. Salvato Vol. 1 (0 a Pg. —L01— BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge May 15, 2012 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Shari M. Crenshaw, Ashley Crenshaw Tanner, Kyle Travis Crenshaw, Linda Ann Woodard and Leslie Alfred Crenshaw for 1.04 acres of land to be used for improvements to Shirley Road located in Precinct 2. The following supporting documentation is attached for reference: Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement Copy of Fence Building Option SUBMITTED BY: JqWV. Salvato Right of Way Agent This request is VA / PPROVED / DENIED El by Commissioners' Court Duane Peters, County Judge DATE: -5 - 15 - ( 2 Vol. _1b o Pg. APPROVED BY: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 15, 2012 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from Linda Ann Woodard, Leslie A. Crenshaw, Shari M. Crenshaw, Ashley Crenshaw Tanner and Kyle Travis Crenshaw for 0.07 acres of land to be used for improvements to Shirley Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: J V. Salvato Right of Way Agent This request is I'PROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: Vol. o a Pg I f O APPROVED BY: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FOWM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 15, 2012 ITEM: Request from Verizon Communications to construct approximately 2.036 feet of p arallel buried cable installations and a road bore in the rights of way of White Creek Road and River Road; cable will be placed at minimum depth of 30 inches Verizon facilities are being relocated as requested by Brazos County to accommodate roadway improvements Site is located i Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION See attached back -up material. REQUIREMENTS • No work will be permitted between front slope and/or back slope. • No work shall be done within.3' of driveway culverts measured from outside culvert walls. • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility 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 ofa roadbore, perpendicular to the right -of -way line, if cl earing 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 righbof -way. • All disturbed areas shall be compacted in 8" lifts to 90% 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. • All disturbed areas will be seeded after completion of grading. • 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. • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site. SUBMITTED BY: APPROVED BY: R. Alan Munger, Co mission r'Irma County Engineer Precinct 4 CC2012 -018 This Request is A proved �!or Denied 0, by Commissioners' Court Duane Peters, County Judge ve"Zoin Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 4/18/2012 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. ARNOLD: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED -135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416- 3POAOUJ which is scheduled for 5/29/2012. If you have any questions concerning this work, please contact Ricky Lancaster at our office in Bryan, telephone 979- 821 -4761 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, C i BRENDA VAJDAK Supervisor — Network Engineer JS:ec Attachment NAI. rleImodu,I1L Q Notice of Line Installation DATE 04118/2012 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in County, Texas as follows:. Beginning at the Southeast corner of Los Robles Road and White Creek Road proceeding Southeast on the back slope of the ditch on White Creek Road for 1922 feet to River Road. Then Verizon proposes a 4 inch bore under River Road and Proceed 114 feet on the back slope of the ditch on White Creek Road. This cable is to be placed a minimum of 30 inches in depth. All drives and creeks will be bored and a 4 inch p.v.c. placed. This will be done by the request of Brazos county for the lowering of the ditch line on White Creek Road. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after 05/14/2012. VV RI��OM UNICATIONS �,� Brenda Vajdak Supervisor - Network Engineer 301 Industrial Blvd Bryan, TX 77803 r f l. J��— Pg.� Vo Vol. Pg -_ I - � '.' 3 R EA , -.: aC ✓✓ Vol. Pg -_ G 0 a ° c 0 0 vol. Pg._�— Z \ \\ / / m \ SO S D j 0 0 v \ 8 m l` / Z T a m a r \ q O \\ / NDP Z Z L- il7/F0 / a o / / / D / / D / 2 / m B T m "R P = N - _- N t mC N 9O NdS L xx vv T mo iv F O m z C n O < a T P • _ % on m _ D P R n D N O N R 1 D C O V T = m y x B G 0 a ° c 0 0 vol. Pg._�— i n f a n 3 Vol. —=—a— Pg --�— 0 D m m 0 D m 2 D m 9 y r - a T 9 D O M w$S M m m v $ / a / 4 \ / v, P Y P o� to �9NB / 9 m N N r P -=a T L - PV /PEA • O T T Nw .r y D / � Cl - p I D N D w O N r T m D N~ n L P T % � 9P J♦ J yu'O N m r � O m 2 m C lC B B m Vol. —=—a— Pg --�— BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 31.1-31.4 On this the 15th day of May 2012 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 15th day of May 2012 the Court heard and approved a budget amendment for the 2011 -2012 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 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 15th day of May 2012. THE CONL IISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County udge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. Pg. �-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 31.1 511512012 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 3000 212100 61130000 CR HAVA - Contingency 26,875.00 3000 212100 67281000 DR Equipment - Electronic 26,875.00 HAVA - General Compliance Reallocation of funds to puchse 40 electronic poll.(ePoll) books. The ePollbooks will replace the use of paper voter registration lists for election day voting. The request for the purchase of 40 electronic poll'(ePoll) books were approved on May 8, 2012 during Commissioner's Court, item 410. Vol.— `� �� pg. lie BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 11112- 31.2 5/1512012 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR lGeneral Fund Contingency 7,408.20 0100 91110000 DR Transfer to Capital Im r. Fund 7,408120 4500 49028000 CR Transfer from General Fund 7,408.20 4500 63000500 67281000 DR Equipment - Electronic 7.408.20 0100 11001500 61130000 CR General Fund Contingency 29,632.80 0100 91110000 DR Transfer to Capital lm r. Fund 29,632.80 4500 49028000 CR Transfer from General Fund 29,63180 4500 63000500 67281000 DR Equipment - Electronic 29,632.80 General Fund Contingency & Ca ital Im rovement Reallocation of funds to puchse 40 electronic poll (ePoll) books. The ePollboolcs will replace the use of paper voter registration lists for election day voting. The request for the purchase of 40 electronic poll (ePoll) hooks were approved on May 8, 2012 during Commissioner's Court, item 410. An estimated amount of $29,632.80 will be contributed from local entities using the electro nic voting s stems. Prepared By. Vol. ) b ° _ Pg. I t 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 31.3 5/15/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2800 13005000 61190000 CR Conference & Seminar Fees •2,500.00 - 2800 13005000 61500000 CR Printing 4,000.00 2800 13005000. 61801000 CR Travel 10,300.00 2800 13005000 67203000 CR Minor Com user Ilardware 400.00 2800 13005000 72590000 CR Professional Fees -Other 900.00 2800 13005000 80285000 CR E quipment-Office 400.00 2800 13005000 67281000 DR Equipment - Electronic 18,500.00 0100 11001500 61130000 1 CR General Fund Contingency 13,540.00 0100 91940000 DR Transfer to Voters Re. 13,540.00 2800 49028000 DR Transfer from General Fund 13,540.00 2800 13005000 67281000 DR Equipment - Electronic 13,540.00 Voter Registration Fund Reallocation of funds to puchse 40 electronic poll (ePoll) books. The ePollbooks will replace the use of paper voter registration lists for election day voting. The request for the purchase of 40 electronic poll (ePoll) books were approved on May 8, 2012 during Commissioner's Court, item .410. P „repared By K nnm Von. I to I. P9 I g o BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 31.4 of insurance check for Vol. lY � Pg• ---- PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 15, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Transfer w /in Dept. Brazos Center Gonzales, Rickey New Hire Other Trujillo, Mayella Other District Clerk Coffman, Cheryl Transfer w /in Dept. New Hire Lanehart, Ginger Retirement Mankus, Mary Termination New Hire McRae, Jacob New Hire Drug Court Banks, Amy New Hire Siegert, William Resignation Expo Barcellano, Mary Resignation Munger, Reid New Hire Juvenile Brooks, Willis Step Increase Criddle, Steven Step Increase Goosby, Johnnie Transfer w /in Dept. Randall, Ted Step Increase Sammons, Frederick Other Trujillo, Mayella Other Road & Bridge Alvarado, Manuel New Hire Arredondo, Amber New Hire S O Jail Anelli, Phillip Transfer to Another Dept. Brooks, Cale New Hire McRae, Jacob New Hire VOL_ Pg•— I a Approved in Commissioners' Court: May 1 ii i County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. Pg.------L— Laura Taylor Davie Brazos County Treasurer Idavlsfeo.Lrazos tx us DATE: May 8, 2012 TO: Hon. Duane Peters, County Judge Hon, Lloyd Wassermann, Commissioner Hon, Sammy Catalina, Commissioner Hon, Kenny Mallard, Commissioner Hon, Irma Couley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 03/31/2012 Investment Report 5003. Texas Avenue, Ste 340 Bryan, Tax" 77803 Tel: 879. 8814846 ACKNOWLEDGED Duane Peters Date County Judge This report Is made in accordance with provisions of 6ov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court, The Brazos County Investment portfolio earned an average yield of 0.1000% on the quarterly average beta" of $2,346,947.36 invested with TexPool for the period ending 03/3V2012. Investment interest deposited during the quarter was $571.98 for a total year -to -date interest of $1,108.77. Actual ending balance for March 31, 2012 was $2,347,156.34. The average rate of interest earned on the depositary checking account balances for the quarter ending 03/31/2012 was 0.3933% netting $74,457.17 on an cw mge depos /tort' /nwsth a ba / hey Ce of $76,359,405.88. Year -to -date checking account interest earned was $119,864.14 Total year -to -date interest earned: $120,972.91 Investment strategy The Brazos County Investment Strategy will remain unchanged, keeping investments very short - termed 8 liquid. With the safety of principal as the foremost objective of the County's investment policy followed by liquidity and yield - it seems prudent to continue keeping the majority of available funds in the County's depository where all funds are 110% collateralized. For diversification the County has an investment account with TexPool that provides the safety of an overnight market. &nsos COUntYs deporlfary eanfract eX"S ,35% above the 90 day T -8I/ /. Vol. Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas FY 2012 INTEREST R ATES AND EARNINGS BY MONTH January 2012 TexPool Interest Cking Acct Earnings February 2012 Interest Rate Interest Credit Rate October 2011 167.23 0.0800 13,991.12 0.3600 November 2011 208.23 0.1100 13,797.70 0.3700 December 2011 161.33 0.0800 17,618.15 0.3600 Q/E 12/31/2010 536.79 0.0900 45,406.97 0.3633 January 2012 174.37 0.0900 23,429.92 0.36 February 2012 168.27 0.0900 24,010.52 0.38 March 2012 229.34 0,1200 27,016.73 0.44 Q/E 03/31/2012 571.98 0.1000 74,457.17 0.3933 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as ap rovgd by th Commiissioner's Court of Brazos County. La ra Taylor Dallis, County Treasurer, CIO Date 6-ld/ ol� erri White, Chief Deputy Treasurer, CIO Date Vol. -----— Pg yl N � M N 0% O x O L LL: ~ d "I. �3 Pg._� - TEXPOOL QUARTER ENDING 0 313 11201 2 ACTIVITY REPORT z , v�:,tfp w•. Vol. -- - L (a Pg• I A 7 FUND 1 - POOLED FUND GROUP INVESTMENTS BY FUND GROUP AND STRATEGY TYPE BOOK VALUE OF ALL INVESTED FUNDS FOR MARCH 2012 $ 2,347,168.34 Vol.! b--�— Pg. ! aO Brazos County Purchasing Department Weekly Update 5/04/12 — 5/10/1.2 Number of PO's Processed: 104 Requisitions Completed: 2 Capital Payments: 7 Projects In Progress ACKNOWLEDGED Duane Peters Date County Judge Construction Courthouse: Phase III - Currently working on detention area on 1 st floor - Currently working on mechanical yard in courtyard area - Elevator in progress Bids/ RFP's/ RFQ's RFQ for MPO RFQ for Surveyor RFQ for Tax Office Architect Cold Mix Limestone Poly Jute Dust Control Inmate Telephone Services 12' Rip Rap Sale of Scrap Metal Asphalt and Emulsions Hot Mix Asphalt Renewals Temporary Employment Services Truck Scale Maint. Legal Ads Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom - Solicitation in progress - Solicitation in progress - Solicitation in progress - Specifications in progress -Dept. reviewing specs - Specifications in progress - Specifications in progress - Specifications in progress -Specifications in progress - Specifications in progress - Specifications in progress -In progress -In progress -In progress - Solicitation in progress - Solicitation in progress Vol. p 1 a / Other Auction - Currently accepting items Purchasing Policy - Reviewing and revising policy Assets Reconciliation of Period 6 is complete - All transfers of assets for FY 2012 are complete Print Management Working with IT department and vendor to have 3 month printing analysis done for a period Roof Replacement - Working on specifications Appliance Policy - Versions in progress for Court review F3R' Vol. pg.—