HomeMy WebLinkAbout2012-08-28-10:00 AM-REGULAR SESSIONti )*
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BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON AUGUST 28, 2012 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 23:
3. Proclamation # 12 -022 proclaiming September 3 - 9 2012 as Brazos Valley Fair Week.
4 Proclamation # 12 -023 proclaiming September 2012 as Library Card Sian -Up Month.
5. Proclamation # 12 -025 proclaiming September 21 2012 as Alzheimer's Action Day.
6. Create cell phone allowance for Acting Agency Head in the Office of County Constable Precint 1 for the
remainder of FY 2012.
• Class Code 1598, Position 1
7.
0
g, Re- Approve and sian CUDEP (Comprehensive Underage Drinking Enforcement Program) grant
agreement with Brazos County Attorney's Office and Texas Department of Transportation for a sinale
year arant for FY2013.
1
Vol. 1 � Pg.
Payment Authorization to LaSalle Hotel in the amount of $181.70 for lodaina for two witnesses needed
for trial: a purchase order was not obtained in advance.
10. SAVNS Mainte Grant Contract between the Office of the Attorney G eneral and Br azos County.
11. A pproval of Exhibit R-09 Service Agreement Renewal with A mris-s.
12. Contract with Cameron County for secure Iona -term resident services for iuveniles.
13. Contract with Duval County for secure Iona -term residential serv for iu veniles.
14. Renewal of t he Inter Local Agreement with the City of Bryan for Housing City Pr isoners in the Bran
County Detention Center.
15. Approval of Pace Interlocal Agreement to purchase office supplies wit Wi lton's Office Works.
16. Permiss to Advertise Reguest for Proposal 2013 -10 Collection of De Criminal Fines and
Fees.
17.
18.
19 . Treasu report for the month of June 2012 & auarter ending June 30, 2012.
20. Tax Refund Applications for the following:
• a Suntrust Mortgaae- overpayment- $3288.6
• b George Moore Jr.-overpayment-$326.00
21. Budget Amendments.
Budget Amendments FY 11/12 44.1 thru 44.5
22. Personnel Change of Status.
Personnel Action Forms
23. Payment of Claims.
24. Acknowledgement of the Brazos County Purchasing Department Update fo August 16 - 23, 2 012
25. Sheriff's report on inmate population.
26. Announcement of interest items and possible future agenda topics.
27. Call for Citizen input and /or concerns.
28. Adjourn.
Vol. Pg.
.
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence
and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361 -4102.
Vol . l P 2
BRYANJEXAS
MINUTES
August 28, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Signature Paae.r)df
File Stamped Aaenda.odf
Sian in sheet.odf
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, August 28, 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.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and /or concerns.
Commissioner Mallard asked Chuck Frazier, Emergency Management Coordinator for a
briefing on tropical storm Ike. Mr. Frazier informed the Court that Ike had not yet
reached hurricane status. He went on to say that we were not expecting much in the way
Vol. t (1, (Q Pg• T
BRAZOS COUNTY
of weather here. Commissioner Mallard asked about Port Arthur since we have an
agreement with them. Mr. Frazier stated that he didn't think their weather would be
severe.
Consider and take action on agenda items 3 - 23:
3. Proclamation # 12 -022 proclaiming September 3 - 9, 2012 as Brazos Valley Fair Week.
Item lodf
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 .
4. Proclamation # 12 -023 proclaiming September 2012 as Library Card Sign -Up Month.
Item 4.odf
ID Item 4 materials.odf
Larry Kinigir, Director of the Bryan College Station Library System spoke on their goals.
The Proclamation was approved as submitted and 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 .
5. Proclamation # 12 -025 proclaiming September 21, 2012 as Alzheimer's Action Day.
Item 5.odf
Approved as submitted. A copy 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 .
6. Create cell phone allowance for Acting Agency Head in the Office of County Constable
Precint 1 for the remainder of FY 2012.Class Code 1598, Position 1
Item 6.odf
Approved as submitted.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
7. Approval of Out of State Travel for Detention Officer Jeff Brown, Detention Officer Jose
Figueroa, Sgt. James Mitchell and Sgt. Kevin Stuart to attend Direct Supervision: Train
the Trainer 12J2204 at the National Institute of Corrections Academy in Aurora, CO
September 23 -28, 2012. Registration, Travel and Lodging will be paid by the National
Institute of Corrections.
Item Todf
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 .
8. Payment Authorization to LaSalle Hotel in the amount of $181.70 for lodging for two
Vol. ` W� pS `
witnesses needed for trial; a purchase order was not obtained in advance.
1 0 Item 8.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
9. Re- Approve and sign CUDEP (Comprehensive Underage Drinking Enforcement
Program) grant agreement with Brazos County Attorney's Office and Texas Department
of Transportation for a single year grant for FY2013.
Item 9.odf
Approved as submitted. Brazos County will submit $69,922.56 as "match" for the
CUDEP grant with the Texas Department of Transportation. Matching funds will come
from the Project Coordinator's annual salary and fringe benefits, $5,130.30 from
the Administrative Assistant position (10% of annual salary) and $250.00 for office
supplies.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters,
Wassermann.
10. SAVNS Maintenance Grant Contract between the Office of the Attorney General and
Brazos County.
I D Item 10.odf
Approved as submitted. This is a Statewide Automated Victim Notificaton Service
(SAVNS) grant program. Grant funds shall not exceed $29,174 for the 12 month
contract period. A copy is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters, Wassermann .
11. Approval of Exhibit R -09 Service Agreement Renewal with Appriss.
2. 1tem 11 pdf
Approved as submitted. This is the Service Agreement for the Automated Victim
Notification Service (SAVNS). A copy is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters,
Wassermann .
12. Contract with Cameron County for secure long -term residential services for juveniles.
2. 1tem 12.odf
Term of contract is September 1, 2012 - August 31, 2013. Cost to Brazos County is $95
per day per child. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard,
Peters, Wassermann .
13. Contract with Duval County for secure long -term residential services for juveniles.
Item 13.odf
VOL 1 � � Ps. �P
Term of contract is September 1, 2012 - August 31, 2013. Cost to Brazos County is as
follows:
Basic Level $98 per client per day
Moderate Level $140 per client per day
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 .
14. Renewal of the Inter -Local Agreement with the City of Bryan for Housing City Prisoners
in the Brazos County Detention Center.
Item 14.odf
Approved as submitted. City of Bryan will pay the County the sum of $45 per city
prisoner per day to be housed in the Brazos County Jail. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
15. Approval of Pace Interlocal Agreement to purchase office supplies with Wilton's Office
Works.
Item 15.odf
0 15 Suoplement.dou
Approved as submitted. The contract becomes effective August 29, 2012. A copy is
attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
16. Permission to Advertise Request for Proposal 2013 -10 Collection of Delinquent Criminal
Fines and Fees.
0 16.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 .
17. Request from Wellborn Special Utility District to construct a 50' road bore at 36" depth for
2" water line in the right of way of Paradise Way /Seven Eleven Ranch Subdivision (to
provide service to address number 1303 Paradise Way). Site is located in Precinct 1.
ID- Item 17.odf
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 .
18. Request from Verizon Communications to construct a parallel bore under a creek and
private drive in the right of way of Andert Road beginning approximately 1,700 ft. from its
Pg. 7
intersection with SH 21 extending for a distance of 320 ft. at a depth of 10 ft. below the
channel flow line; this project will replace an existing aerial insert that does not meet
required standards. Site is located in Precinct 2.
Item 18.pdf
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 .
19. Treasurer's report for the month of June 2012 & quarter ending June 30, 2012.
Item 19.pdf
The Court received, approved and ordered filed as submitted the Treasurer's report for
June 2012. A copy is attached to and made a part of these minutes.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, ,
Mallard, Peters, Wassermann .
20. Tax Refund Applications for the following:
Item 20.pdf
• a. Suntrust Mortgage- overpayment - $3288.61
• b. George Moore, Jr.- overpayment - $326.00
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard,
Peters, Wassermann .
21. Budget Amendments.
Budget Amendments FY 11 /12 44.1 thru 44.5
0 Item 21.pdf
44.1 Reallocate funds for Building Maintenance
44.2 Reallocate funds for Constable Precinct 1
44.3 Reallocate funds for Constable Precinct 1
44.4 Reallocate funds for Justice of the Peace Precinct 2, Place 2
44.5 Reallocate funds for Child Protective Services
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, ,
Mallard , Peters, Wassermann .
22. Personnel Change of Status.
Personnel Action Forms
Item 22.pdf
A copy of the Personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, , Mallard , Peters , Wassermann .
23. Payment of Claims.
Vol. L &-k p g . 0
Claims Sheet.pdf
10 BILL LIST 8.28.12.pdf
7101427 through 7101710
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard,
Peters, Wassermann .
24. Acknowledgement of the Brazos County Purchasing Department Update for August 16 -
23, 2012
Item 24.pdf
The Court acknowledged receipt of the Purchasing Department Weekly Update.
25. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 563 inmates in jail, 45 have electronic monitors and
29 are pending for monitors.
26. Announcement of interest items and possible future agenda topics.
Irene Jett, Budget Officer announced that the county budget will be approved on
September 18, 2012 rather than on September 11, 2012 as previously announced.
27. Call for Citizen input and /or concerns.
There was no citiizen's input.
28. Adjourn.
Vol. l " Pg. 1�
The foregoing minutes of the Commissioners Court meeting held August 28, 2012 have
been examined and are approved in open Court this day of
S e- � , 2012, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Attest:
ar cQueen
County Clerk-
A If 4 - A jkv
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Preci t 3
Vol I �0 Page 10
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON � o� 2012 AT / 4-
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Organization /Department
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Vol. pg. 13
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WHEREAS: The Brazos Valley Fair and Expo, a regional fair whose reach and scope
will encompass the entire state of Texas and surrounding areas, will be
held September 6 -9 2012 for this, its exciting inaugural year; and
WHEREAS: The Brazos Valley Fair and Expo is dedicated to its motto: "Showcasing
Agriculture, Education and Youth to Enhance our Texas Culture "; and
WHEREAS: the idea of this Fair began over twenty -five years ago and has now become
a reality for the community; and.
WHEREAS: The Brazos Valley Fair and Expo was organized for educational, scientific
and charitable purposes to encourage, promote and maintain agricultural
science, research and educational functions; and
WHEREAS: The Brazos Valley Fair and Expo . is committed to providing funds for
scholarships and.other educational programs to educate the youth of Texas
for future generations.
NOW, THEREFORE: I,. Jason Bienski, as Mayor of the City of Bryan, and 1, Nancy
Berry, as Mayor of the City of College Station, and I, Duane Peters,
Brazos County Judge do hereby proclaim September 3 — 9, 2012 as:
01
JJ�av, " `vaeP,ec� awt 2Uee
CITY OF BRYAN CITY OF COLLEGE STATION BRAZOS COUNTY
0
ason Bienski, Mayor Nancy Bdrry, Mayor Du )ePete County Judge
Vol. 1 _&� Pg• 14
Proclamation
Library Card Sign -up Month 2012
WHEREAS The Bryan College Station Library System is a great resource for learning for all ages;
and
WHEREAS Children who use the library perform better in school; and
WHEREAS Libraries enhance the educational experience; and
WHEREAS Libraries meet the needs of all types of students by providing access to educational
databases, the internet, and books; and
WHEREAS Libraries provide activities and resources to the communities they serve and inspire
lifelong learning; and
WHEREAS A library card is the "Smartest Card" you can own; and
WHEREAS, BE IT RESOLVED, that I, Duane Peters, Brazos County Judge and the Commissioners Court of
Brazos County proclaim September 2012 as
Library Card Sign -Up Month
in Brazos County, Texas and encourage everyone to sign up for a library card and use it at any of the Bryan and
College Station Libraries.
PROCLAIMED thitgO day of Au 2.
Duane Peters
County Judge
Comr6issioner Lloyd Wassermann
Precinct 1
D I N, -
Commissioner e y Mall d
Precinc 3
r ME
Sammy Catalena
12 -023
l LP Pg. I !S
Texas Traffic Safety eGrants
Fiscal Year 2013
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage Drinking
Program
I D:.2013- BrazosCA -G -1 YG -0021
Period: 10/01/2012 to 09/30/2013
Vol. —1L— Pg.�
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
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,
Brazos County Attorney's Office hereinafter called the Subgrantee, and becomes
effective°; #hen 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 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2013.
Name of the Federal Agency: National Highway Traffic Safety Administration
Contract Number: 583EGF5004
CFDA Number: 20.601
CFDA Title: Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants
Funding Source: Section 410
DUNS: 052960341
Project Title: Brazos County Comprehensive Underage Drinking Program
Description: Operation of the Brazos Valley Regional Alcohol Task Force. The Task Force
conducts directed enforcement of underage drinking laws, minor stings, and undercover
investigations.
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/01/2012 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2013 unless terminated or otherwise
modified.
Total Awarded: $130,815.90
Amount Eligible for Reimbursement by the Department: $60,893.34
Match Amount provided by the Subgrantee: $69,922.56
2013- BrazosCA -G -IYG -0021 Printed On: 8/7/2012 Page 1 of 35
Vol. I !e !v r 1 -7
Brazos County Attorney's Office
B razos County Comprehensive Underage Drinking Pro gram _
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she /he has executed this agreement and that she /he 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
Brazos County Attorney's Office Commission for the purpose and effect of
activating and /or carrying out orders, established
[Legal Name of Agency] policies or work programs approved and
authorized by the Texas Transportation
Commission
By:
[Dis t Engineer Texas Department of
[Authorized Signature] Transportation]
[Name [Name]
t.
Date: Date:
Under the authority of Ordinance or
Resolution Number (for local
government):
(If Applicable)
A
Director, Traffic OperationsDivision Texas
Department of Transportation (Not required for
local project grants under $100,000.00)
[Resolution Number]
Date:
2013- BrazosCA -G -1YG -0021 Printed On: 8R12012 Page 2 of 35
Vol.�PB• I o
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
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
fumish the Department with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR Part 18; 49 CFR Part 19 (OMB [Office
of Management and Budget] Circular A -110); 49 CFR Part 225 (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 in the application, and directing and authorizing the
person identified as the official representative of the applicant to act in connection
with the application and to provide any additional information that 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 comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
2013- BrazosCA -G -IYG -0021 Printed On: 8/7/2012 Page 3 of 35
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
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 employees from using their positions for a
purpose that is or gives the apearance of .being motivated by a desire for private
gain for themselves or others, particu'lariy 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.
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 seq.; 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 that the U.S.
Environmental' Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulations, 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 federal requirements that 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 that 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 Department 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 seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter
191).
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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 board or the
Subgrantee's subcontractors shall vote or confirm the employment of any person
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 that person. This prohibition shall not apply to 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,
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 of this Article.
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.
1. The Subgrantee's expenditures may overrun a budget category (I, 11, or 111) 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 (TxDOT) 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.
2. 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), 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.
3. Any overrun of more than five (5) percent of the amount eligible for
reimbursement ( in the attached Project Budget requires an
amendment of this Grant Agreement.
4. The maximum amount eligible for reimbursement shall not be increased
above the Grand Total TxDOT Amount in the approved Project Budget,
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unless this Grant Agreement is amended, as described in Article 5 of this
agreement.
5. 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 five (5) percent flexibility, with underrun funds from
Budget Categories II 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:
1. OMB Circular A -21, Cost Principles for Educational Institutions;
2. 49 CFR Part 225 (OMB Circular A -87), Cost Principles for State, Local, and
Indian Tribal Governments; or,
3. OMB Circular A -122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this 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.
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.
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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 under this agreement is contingent upon the availability of
funds., If at any time during this Grant Period, the Department determines that there is
insuffmcient funding to .continue the project, the Department shall 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 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 parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment
must be executed by the parties within the Grant Period, as specified in this Grant
Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A. 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..lf the Department finds that such work
does constitute additional work, the Department shall 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.
B. 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 of
the work which involve changes to the original scope of services or character of work
under this agreement, the Subgrantee shall make those 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.
C. If the Subgrantee submits work that does not comply with the terms of this
agreement, the Department shall instruct the Subgrantee to make. any revisions that
are necessary to bring the work into compliance with this agreement. No additional'
compensation shall, be paid for this work.
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D. The Subgrantee shall make revisions to the work authorized in this agreement that
are necessary to correct errors or omissions, when required to do so by the
Department. No additional compensation shall be paid for this work.
E. 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
A. Not later than thirty (30) 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.
B. 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, overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of
events that will have a significant impact upon this agreement, including:
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.
2. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within
thirty (30) days after completion of the grant.
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 under this
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agreement (called the "Records "), and shall make the Records available at its office for
the time period authorized within the Grant Period, as specified in this Grant Agrleement.
The Subgrantee further agrees to retain the 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
A. 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
claims or liabilities as a result of any activities of the Subgrantee, its agents,'or
employees.
B. 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
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 to or
death of any employee resulting from any alleged negligent act, by either
commission or omission on the part of the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that
no parry 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
work under this agreement. 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
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A. This agreement shall remain in effect until the Subgrantee has satisfactorily
completed all services and obligations described in this agreement and these
have been accepted by the Department, unless:
1. This agreement is terminated in writing with the mutual consent of both
parties; or
2. There is a written thirty (30) day notice by either party; or
3. 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.
B. The Department shall compensate the Subgrantee for only those eligible
expenses incurred during the Grant Period specified in this Grant Agreement that
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
A. The Department and, when federal funds are involved, the USDOT, or any of their
authorized representatives, have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed under this agreement
and the premises in which it is being performed.
B. 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 a manner that will not unduly delay the work.
ARTICLE 13. AUDIT
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 any information 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
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contain all applicable terms and conditions of this agreement. No subcontract will relieve
the Subgrantee of its responsibility under this agreement.
ARTICLE 15. GRATUITIES
A. Texas Transportation Commission policy mandates that employees of the
Department shall not accept any benefit, gift, or favor from any person doin
business with or who, reasonably speaking, may do business with the Department
under this agreements The only exceptions allowed are ordinary business lunches
and items that have received the advanced written approval of the Department's
Executive Director.
B. Any person doing business with or who reasonably speaking may do businejss 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 fide 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 bona fide employee, any fee, commission, percentage, brokerage fee, g�Ift, or any
other consideration contingent upon or resulting from the award or making of this
agreement. If the Subgrantee breaches or violates this warranty, the Department shall
have the right to annul this agreement without liability or, in its discretion, to deduct from
the agreement price or consideration, or otherwise recover the full amount of s�Vch 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
A. 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.
B. All employees of the Subgrantee shall have the knowledge and experience 'Ihat 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
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becomes detrimental to the work, shall immediately be removed from association
with the project.
C. Unless otherwise specified, the Subgrantee shall furnish all equipment, mate I dais,
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 procurement and
property management procedures, provided that the procedures are not in conflict with
(1) the Department's procurement and property management standards and (2) the
federal procurement and property management standards provided by:
A. 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Coo6erative
Agreements to State and Local Governments, ".or
B. 49 CFR, Part 19 (OMB Circular A -110), Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, an Other
Nonprofrt Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys,
reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,, and
equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photograph,
calculations, and other data prepared under this agreement shall be made avai able,
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 databases, 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 (includir
g
copyrights, copyright applications, copyright renewals, and copyright exten
ions),
title and interests in and to all data, and other information developed under
his
contract and versions thereof unless otherwise agreed to in writing that ther
e will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the. SL
bgrantee
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.
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ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executor ;,
assigns, and administrators to the other party to this agreement and to the succ ssors,
executors, assigns, and administrators of the other party in respect to all covenants of
this agreement. The Subgrantee shall not assign, sublet, or transfer interest an�
obligations in this agreement without written consent of the Department through
eGrants.
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: 9 CFR,
Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60 -74, as they may be amended
periodically (called the "Regulations "). The Subgrantee agrees to comply with
Executive Order 11246, entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 and as supplemented by the U.S. Department of Lal�or
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 equip ent: 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
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 USDOT to be pertinent to scertain
compliance with the Regulations or directives. Where any information requi ed of the
Subgrantee is in the exclusive possession of another who fails or refuses tc furnish
this information, the Subgrantee shall certify that to the Department or the LISDOT,
whichever is appropriate, and shall set forth what efforts the Subgrantee ha made
to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliafice with
the nondiscrimination provision of this agreement, the Department shall impose such
sanctions as it or the USDOT may determine to be appropriate.
II
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F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of aterials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take any action with respect to any subcontract or procurement
that the Department may direct as a means of enforcing those provisions, ir cluding
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 Unit d States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRA�
A. The parties shall comply with the DBE Program requirements established in 49 CFR
Part 26. 1
B. The Subgrantee shall adopt, in its totality, the Department's federally appro ed DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's
DBE guidelines and in consideration of the local market, project size, and nature of
the goods or services to be acquired. The Subgrantee shall have final deci$ion-
making authority regarding the DBE goal and shall be responsible for docurnenting
its actions.
D. The Subgrantee shall follow all other parts of the Department's DBE prograin
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally- Approved
Disadvantaged Business Enterprise by Entity and attachments found at we address
http://txdot.gov/business/business outreach /mou.htm
E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any USDOT- assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. the
Subgrantee shall take all necessary and reasonable steps under 49 CFR Port 26 to
ensure non - discrimination in award and administration of USDOT- assisted ontracts.
The Department's DBE program, as required by 49 CFR Part 26 and as approved by
USDOT, is incorporated by reference in this agreement. Implementation of this
program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the Subgrantee of its failu to carry
out its approved program, the Department may impose sanctions as provided for
under 49 CFR Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of
1986 (31 USC 3801 et seq.).
F. Each contract the Subgrantee signs with a contractor (and each subcontra the
prime contractor signs with a sub - contractor) must include the following a sst rance:
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The contractor, sub - recipient, or sub- contractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall cant' out applicable requirements of 49 CFR Part 26 in the award and
administration of USDOT - assisted contracts. Failure by the contractor to carry out
these requirements is a material breach of this agreement, which may result !:in the
termination of this agreement or such other remedy as the recipient deems
appropriate.
ARTICLE 24. DEBARMENT and 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 the three (3) year period preceding this agreement b en
convicted of or had a civil judgment rendered against them for commision of
i 1
fraud or a criminal offense in connection with obtaining, attempting tolobtain,
or perfomning 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 piroperty;
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 the three (3) year period preceding this agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article, the
Subgrantee shall attach an explanation 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 fro or
ineligible for participation in federal assistance programs under Executive rder
12549, "Debarment and Suspension." By executing this agreement, the Subgrantee
certifies that it is not currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order
12549 and further certifies that it will not do business with any party that is urrently
debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549.
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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 certfcation.
ARTICLE 25. LOBBYING CERTIFICATION
In executing this agreement, each signatory certifies to the best of that signatory's
knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
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 offices or employee bf 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 accq'rdance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontracts, sub grants,
and contracts under*grants, loans and cooperative agreements) and that all'j sub -
recipients shall certify and disclose accordingly. Submission of this certificaltion is a
prerequisite for making or entering into this transaction imposed by Title 31 ''USC §
1352. 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 $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Subgrantee certifies that the i dividual
or business entity named in this agreement is not ineligible to receive the specfied
grant, loan, or payment and acknowledges that this agreement may be terminated and
payment may be withheld if this certification is inaccurate. If the above certificition is
shown to be false, the Subgrantee is liable to the state for attorney's fees and ny other
damages provided by law or the agreement. A child support obligor or business entity
ineligible to receive payments because of a payment delinquency of more thaq thirty
(30) days remains ineligible until: all arrearages have been paid; the obligor is in
compliance with a written repayment agreement or court order as to any existing
delinquency; or the court of continuing jurisdiction over the child support order has
granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family
2013- BrazosCA -G -1 YG -0021 Printed On: 8/7/2012 Pago 16 of 35
Vol. Pg. 3a
Brazos County Attorney's Office
Brazos Countv Comprehensive U
Drinking Program
Code, as part of a court- supervised effort to improve earnings and child support '
payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Fede t
F undin g Accountability Accountabili and Transparency Act and implementing regulations 2 �a
CFR Part 170, including Appendix A. This agreement is subject to the following
award terms: http:l /edocket access gpo -gov/2010/pdf/2010- 2270 5 .odf and
hftp://edocketaccess.g2o.gov/ 0/pdf/2010-22706.
B. The Subgrantee agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR), number
(Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this away
provides for more than $25,000 in Federal funding. The CCR numbe may be
obtained by visiting the CCR web -site whose address is:
https://www.bpn.gov/ccrldefault.asp—x
2. Obtain and provide to the State a Data Universal Numbering System'(DUNS)
number, a unique nine - character number that allows the Federal government
to track the distribution of federal money. The DUNS number may b
requested free of charge for all businesses and entities required to d so by
visiting the Dun & Bradstreet (D &B) on -line registration website
htti3://fedqov.dnb.com/webform and
3. Report the total compensation and names of its top five (5) executives to the
State if:
i. More than 80% of annual gross revenues are from the Federal
government, and those revenues are greater than $25,000,00; and
ii. The compensation information is not already available through
reporting to the U.S. Securities and Exchange Commission.
ARTICLE 28. SINGLE AUDIT REPORT
A. The parties shall comply with the requirements of the Single Audit Act of 194, P.L.
98 -502, ensuring that the single audit report includes the coverage stipulate I d in
OMB Circular A -133.
B. if threshold expenditures of $500,000 or more are met during the Subgrant e's fiscal
year, the Subgrantee must submit a Single Audit Report and Management etter (if
applicable) to TxDOTs Audit Office, 125 East 11th Street, Austin, TX 78701 or
contact TxDOT's Audit Office at http- us /audit.htm
2013 BrazosCA - - WG - 0021 Printed On: 8/7/2012 3 Page 17 of 35
voi. _ _ LL pg.
Brazos County Attorney's Office
Rra7ns C ount:v Comprehensive Un
Drinkinq P
C. If expenditures are less than $500,000 during the Subgrantee's fiscal year, the
Subgrantee must submit a statement to TxDOT's Audit Office as follows: 'We did not
meet the $500,000 expenditure threshold and therefore, are not required to have a
single audit performed for FY
D. For each year the project remains open for federal funding expenditures, the
Subgrantee will be responsible for filing a report or statement as described .
The required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no. charges have
been incurred within the current fiscal year.
Vol. l to 4e Pg. 3 4
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
I I
RESPONSIBILITIES O THE SUBGRANTEE:
A. Carry out the objectives and performance measures of this Grant Agreemen� by
implementing all activities in the Action Plan.
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
(Compensation) and Article 7 (Reporting and Monitoring) of the General. Ter s and
Conditions of this Grant' This includes reporting to the Departm nt on
progress, achievements, and problems in monthly Performance Reports an
attaching necessary source documentation to support all costs claimed in Requests
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 pre
of activities and�to discuss.problems and schedule for the folltng
status p
quarter's work.
2. The project director or other qualified person will be available to represent the
Subgrantee at meetings requested by the Department.
E. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval, through the TxDOT Electronic Grants Management
System (eGranfs), prior to final production. Refer to the Traffic Safety Program
Manual regarding PAE procedures.
F. For out of state travel expenses to be reimbursable, the Subgrantee must hove
obtained the written approval of the Department, through eGranfs, prior to the
beginning of the trip. Grant approval does not satisfy this requirement. For
Department district - managed grants, the Subgrantee must have written Department
district approval for travel and related expenses if outside of the Department district's
PP i
boundaries.
G. Maintain verification that all expenses, including wages or salaries, for wh
feimbursement is requested is for work exclusively related to this project.
H. Ensure that this grant will in no way. supplant (replace) funds from other
Supplanting refers to the .use'of federal funds to support personnel or an
already supported by local or state funds.
The Subgrantee should have a safety belt use policy. If the Subgrantee daes not
have a safety belt use policy in place, a policy should be implemented durin the
grant year:
2013- BrazosCA -GAYG -0021 Printed On 8/ 7 / 2012 Pag� 19 of 35
Vol. � �_ Pg. S
X`cl.:
Brazos County Attomey's Office
Brazos County Comprehensive U
Drinking Program
I
RESPONSIBILITIES OF THE DEPARTMENT:
9
A.
Monitor the Sub grantee's compliance with the performance obligations and f fiscal
requirements of this Grant Agreement using appropriate and necessary mo itoring
and inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records and supporting documentation
3. telephone conversations
4. a -mails and letters
5. quarterly review meetings
i
6. eGrants
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 amour t payable
as indicated in the project budget.
E. Perform an administrative review of the project at the close of the grant pe iod to:
1. Ascertain whether or not the project objectives were met
2. Review project accomplishments (performance measures completed, targets
achieved)
3. Document any progress towards self - sufficiency
4. Account for any approved Program Income earned and expended
5. Identify exemplary performance or -best practices
Prinl On: 817/212 Paige 20 of 35
Vol. Pg -
Brazos County Attorney's Office
Rra70s County Comprehensive Undera Drinkin
ram
Alcohol and Other Drug Counter Measures
SejW a goal:
X To reduce the number of alcohol impaired and driving under the influence of Icohol
and other drug- related crashes, injuries, and fatalities
Select a strategy.
Increase the number of law enforcement task forces and coordinated eni
campaigns.
X To reduce the number of DUI- related crashes where the driver is under age
select a strategy:
Increase enforcement of driving under the influence by minors laws.
3- BrazosCA -G -IYG -0 Printe n: 8/7/2012 37
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21 of 35
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinki
ram
Problem Identification and Solution
I. Problem Identification
Over the past 20 years, alcohol - related fatal crash rates have decreased by 0
percent for driver's ages 16 to 17 years and 55 percent for drivers ages 18 tc 20
years, according to the Centers for Disease Control and Prevention (CDC). Ongoing
research from CDC and the National Highway Traffic Safety Administration ( HTSA)
indicates that, from an enforcement standpoint, this progress can be attribute d to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero - tolerance laws for drivers younger than 21 years old in all states. In spite of
this progress, Texas still has the highest number of people killed in alcohol related
crashes according to NHTSA's Fatality Analysis Reporting System (FARS 2010).
According to the Texas Department of Transportation (fxDOT's) Texas Moto Vehicle
Crash Statistics - 2010, there were 25,032 alcohol- related crashes that resulted in
1,057 deaths and 16,877 injuries in Texas during 2010. The 20 -25 year -old group in
Texas accounts for only about nine percent of the state's overall population, but 24
percent of people killed in alcohol- related crashes. The data also reveals that almost
33 percent of DUI (Alcohol) drivers involved in crashes in 2010 were between the
ages of 17 and 25 years old, the age of the typical college student.
The Bryan TxDOT region, served by the Brazos Valley Regional Alcohol Tas
Force
(Task Force), is home to four institutions of higher leaming: Texas A&M Univ
rsity,
Sam Houston State University, and two Blinn College Campuses. According
to the
registrars of these schools, the combined enrollment of these institutions is 81,377
(Spring 2011) and is expected to increase. Census Bureau data from the 2010
census reports the overall population for the Task Force region as 387,348 p
rsons.
Almost 21 percent of our population are enrolled college students. Many of ff
ese
students are living away from home with little to no adult supervision. This statistical
overrepresentation of this at -risk age group creates a serious traffic safety pr
blem
for the region. Traditional DWI /DUI enforcement activities are directed at interdicting
underage and adult impaired drivers after they have consumed alcohol. More
proactive enforcement is still needed to enforce the existing alcohol laws at the
point
of sale or other acquisition before drivers become impaired.
The 2010 Impaired Driving Technical Assessment of the State of Texas spel s out the
specific enforcement policies and practices that states should follow to promote
responsible alcohol service. These are to prevent underaged drinking and to prevent
over - service to persons, 21 or older. Section 11,2 -A spells out six advisory statements
and each one has an administrative and an enforcement component. While he Texas
Alcoholic Beverage Commission (TABC) continues to handle the administrat ve and
regulatory aspects, from 2009 to the present, TABC has undergone a profou ld
change in its response to underage drinking from an enforcement perspectiv . As
evidenced by its own intemal memoranda, the commission is limiting when nd
where its agents can conduct criminal enforcement, generally restricting enf rcement
2013- BrazosCA -G -1YG -0021 Printed On: 817/2012 Pago 22 of 35
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Brazos County Attorney's Office
Rra70s County Comprehensiv U
Drinkinq Program
to licensed premises and only during certain hours. Since TABC also only ha 300
agents to cover the entire state, it is clear that underage drinking enforcemen and
enforcement of laws regarding overselling /consumption - especially to the 20-25 year -
old age group - is going to have to be accomplished by local law enforcemen
agencies.
The two most common ways for underage persons to obtain alcohol are: (1) someone
sells it to them or (2) someone buys it for them. Sale to Minor cases usually fall into
one of two categories: (1.) a licensed establishment failing to do its job, or (2) an
underage person using fictitious or counterfeit identification. Making Alcohol Available
cases are usually well - intentioned people who don't understand the legal or ublic
safety consequences of providing the alcohol. Over - consumption or "binge d inking"
is a common theme to college life, and due to the number of college-age-per sons in
the Bryan Region, it remains a serious problem here. Investigating and successfully
prosecuting these types of cases can be complex and time - consuming and ften
requires specialized training and equipment.
Our demographics in the Bryan Region may be unique within the state. We
re too
heavily skewed toward underage college students for us to turn our backs on
this
most dangerous group of drinkers. The Task Force bridges the gaps between
TABC,
local law enforcement, and the prevention and education communities by enforcing
current underage drinking and sale to intoxicated persons laws at the local level.
There is no other single entity in the Bryan Region equipped to directly address
these
problems.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesE
es and /or
consume alcoholic beverages and by identifying persons who provide or sel
alcohol
to minors or any intoxicated person. The Brazos County Attorney's Office pr
poses to
continue these efforts and expand the operational scope of the Brazos Regi
nal
Alcohol Task Force (Task Force) for FY 2013. The Task Force serves the B
an
TXDOT region and has current memorandums of understanding with, Brazo
,
Burleson, Grimes, Leon, Madison, Robertson, Washington, and Walker cou
ities. The
in
Task Force places undercover personnel and peace officers on the street and
licensed premises to target establishments and individuals who provide alcohol
to
minors and /or over -serve alcohol to any person. It deploys a combination of
officers,
undercover minors, and undercover video operators working variable shifts
during the
times and days when minors are known to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while Keeping
1021 Printed On: 817/2012 Page 23 of 35
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Brazos County Attorney's Office
Brazos Coun Com rehensive Undera a Drinking Program
the minor safe at all times.
This Task Force integrates local law enforcement officers with TABC agents Eind
enforces Texas' current underage drinking laws at the point of alcohol sale or
acquisition. Agents conduct sale to minor stings and making alcohol available sting
operations. Agents also conduct operations focused on detecting fictitious d ver's
licenses and persons who use, sell or manufacture them.
TxDOT reports that during 2010, more alcohol crashes were reported betwe n 2 and
3 am than any other hour of the day and there were more crashes on Saturday than
any other day of the week. Task Force agents conduct sting operations targeting
establishments that over -serve any persons with a specific emphasis on the hours
leading up to this time window.
Agents with the Task Force report that most subjects are shocked when the
learn
that the penalty for providing even one sip of an alcoholic beverage to an underage
person is the same as being arrested for DWI or Deadly Conduct. Task force
personnel speak to community groups in the region educating them on the
consequences of selling or providing alcohol to an underage person. Task force
agents will also provide technical and statistical assistance to programs like
ABC's
Project SAVE and Manager awareness programs, as well successful community
that focus on underage drinking and driving - such as Carpool,
groups in the region
High School Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for un erage
persons to obtain alcohol is still a serious problem in the Bryan Region. By employing
strategic enforcement of underage drinking and sale to intoxicated persons aws,
utilizing public information and education opportunities, and providing techn cal and
statistical support to all disciplines involved, the Brazos Valley Regional Alc hol Task
Force will continue to bridge the gaps between Texas' traditional impaired driver
enforcement efforts, TABC, local underage drinking /over- selling enforcement, and the
prevention and education communities.
By targeting underage drinking and driving at the point of sale /acquisition, t is
program will continue to decrease the number of alcohol related crashes by persons
under and over 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors or intoxicated persons.
2. Identifying and filing criminal charges on minors who possess alcohol or
fictitious /counterfeit identification.
3. Educating parents and persons over 21 on the legal and financial consequences of
Social Hosting and providing alcohol to underage persons.
4. Providing training to regional licensed establishment employees on the detection of
fake, fictitious, and counterfeit identification.
5. Assisting law enforcement in source investigations to determine where d ivers in
alcohol related crashes obtained their alcohol.
3-BrazosCA -G-
1 Printed On: 8/7/2012 40 Page 24 of 35
Vol. �° Pg•
Vol. �P �P pg. q-
Brazos County Attorney's Office .
Brazos Countv Comprehensive Unde
e Drinking Program
Objectives, PI &E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow the
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time f T me
Objective statement:
Action Verb To Conduct
Target .Number 4
Baseline Measure
Performance Measure "Fakeout" operations with TABC and regional
enforcement
rmmnla +inn nnta (mm /dd /vvwl By 9/30/2013
Ash
.......... _ ......:................... . ....._
Responsible
.._....._.....
ciwty Completion
(mmlddlyyyy)
fate;
-
1
2
_ . .. P
o - .y entation
Submit month) Activity Reports to TxDOT as su porting docum
Submit case reports and file criminal cases with proper jurisdiction
Subgrantee
Subgrantee
9/30/2013
9/30/2013
3.
Conduct enforcement activities
Subgrantee
12/31/2012
4.
Con enforcement activities .
Subgrantee
3/31 /2013
5.
Conduct enforcement activities
Subgrantee
6/30/2013
fi. p
onduct enforcement activities
Subgrantee
9/30/2013
7.
8.
9.
10.'
-
Vol.
& Pg , 4
Brazos County Attorney's Office
Brazos County Comprehensive Undera a Drinking Program
Objectives, PIKE, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow the
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Conduct
Target Number 110
Baseline Measure
Performance Measure administrative investigations of licensed establishments for
sale to underage or intoxicated persons
Completion Date By 9/30/2013
IMm
Aefivity
Responsible
m
om e6o Date
rnp
YYYY)
1.
2
Submit monthly Activity Reports to TxDOT as supporting documentation
Submit case reports and file administrative cases with the Texas Alcoholic
Beverage Commission.
Subgrantee
Subgrantee
9/30,2013
9/3012013
3
Conduct monthly enforcement activities
Subgrantee
9/3012013
4.
5.
6 ..
_.. -
7.
-
8.
9.
10.:
Vol. I W Y - Jr 6-
Brazos County Attorney's Office
Brazos Countv Commehensive Underage Drinking Program
Objectives, Pl &E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow the
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time fr med.
Objective statement:
Action Verb To Conduct
Target Number 110
Baseline Measure
Performance Measure criminal investigations of licensed establishments for
underage or intoxicated persons
Completion Date B 3/30/2013
(mm /dd /yyyy)
sale to
Activity
Responsible
"Completion
(mmlddlyyyy)
Date
1
Submit monthly Activity Reports to TxDOT as supporting documentation
Subgrantee.
9/30/2013
2 'Submit
case reports and file criminal cases with the proper jurisdiction
Subgrantee
9/30/2013
3.
Conduct monthly enforcement activities
Subgrantee
9/30/2013
4.
5.
6.
7.
8.
9.
10.'
/ 404 0 P 7 -T
Vol. g• --
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Objectives, PKE, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow the
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Distribute
Target Number 2000
Baseline Measure
Performance Measure brochures explaining the legal consequences o Social
Hosting
rtmmnlatinn n;;tp lmmldd /wwl By 9/30/2013
Activity
Responsible
chvdy
(m
mpletion Date
ddlyyyy}
Starting in June, deliver brochures to Bryan Region law enforcement agencies
as needed.
Subgrantee
g/30/
013
2
Make brochures available to partner organizations in region who have
to distribute throughout rou r. ghout the yea
o p p ortunit y .... ........ _..... ...
Subgrantee
9 /30/
013
3
-- ... _._..- _
Maintain a quarterl distribution log and submit to TxDOT.
Subgrantee
9/30/
013
4.
5.
6.
7.
8.
-
9.
10.'
2013- BrazosCA- G- l YG -W21 hunted un: olflzulz �.S Pag 29 of 35
Vol. 1 6 4 Pg.
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drin
Program
Objectives, PI&E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow the
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Educate
Target Number 4
Baseline Measure
Performance Measure community groups on the legal consequences of Social
Hosting
Completion Date (mm /dd /yyyy) By 9/30/2013
Vol. I W r pg. I
Responsible
chvhy completion
(m
Date
d&yM)
1
Obtain TxDOT approval of materials if any changes are made from previously
approved materials.
Subgrantee
12/3
/2012
2
Maintain a monthly calender of scheduled presentations and submit to TxDOT
a monthly performance report
Subgrantee
9/30/2()l
3
3.
Starting in June, deliver presentations.
......... ........................
Subgrantee
9/30/2013
.....--
...
4
._..... ..... __....
Report to TxDOT the date, location, and name of persons attending the
presentations via the monthly performance report in the month of delivery.
Subgrantee
9/30/2013
5.
6.
7.
8.
1 1 . 0
Vol. I W r pg. I
Brazos County Attorney's Office
Brazos County Comprehensive Underage Dr inking P
m
Objectives, PI&E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time fr.
Objective statement:
Action Verb To Complete
Target Number 200
Baseline Measure
Performance Measure investigations and criminal cases on minors wh(
possess alcohol
t^mm�letion Date (mm /dd /vvvv) By 9/30/2013
Activity
..... .
Responsible
C ompletion
(mr
Date
ilddtyM)
1
2
_ ...................
ubmit monthly Activity Reports to TxDOT as supporting documentation
Submit case reports and file criminal cases with proper jurisdiction. These will
include Minor in Possession, Open Container, and Minor DUI
Subgrantee
Subgrantee
9/3
9130/
2013
3.
Conduct monthly enforcement activities.
Subgrantee
9/3012013
4.
5.
-
-
6.
7. '
8.
9.
10.
Brazos County Attorney's Office
Rra7ns County Comprehensiv
Objectives, PI &E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow
SMART principle - Specific, Measurable, Action- oriented, Realistic, and Time fr,
Objective statement:
Action Verb To Complete
Target Number 20
Baseline Measure
Performance Measure investigations and criminal cases on persons who
fictitious or altered identification
Completion Date B 9/30/2013
ss
AcMY
1 Submit monthly Activity Reports to TxDOT for supporting documentation
Responsible
S.. rantee
bs
Activity Completion
(mmlddlyyyy
9/30/2013
Date
2
Submit case reports and file with proper jurisdiction
su rantee
b9
9130/2013
3 .
Conduct monthly enforcement activiti es.
-
Subgrantee
__- -
9/30/2013
- -- - - - --
-
4.
5.
7.
8.
10.
Unde rage Drinking Program
Vol. I W (P p g. `-to
Brazos County Attorney's Office
Brazos Coun Comprehensive Underage Drinking Program
Objectives, PI &E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow the
SMART principle - Specific, Measurable, Action- oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Maintain
Target Number 1
Baseline Measure
the interagency task force with a minimum of nine 9) law
Performance Measure enforcement agencies
Completion Date B 9/30/2013
(mm /dd /yyyy) _..
strategic planning meetings with regional stakeholders as needed
ii+)
13
2013- BrazosCA -G -1 YG -0021 Printed On: 817/2012 Page 33 of 35
/
Vol. (-P � Pg• /
4
Brazos County Attorney's Office
Brazos County Comprehensive Unde Drink*,
Objectives, PI &E, Performance Measures and Activities
Objectives indicate the specific purpose of the project. Objectives should follow
SMART principle - Specific, Measurable, Action - oriented, Realistic, and Time fr
Objective statement:
Action Verb To Train
Target Number 20
Baseline Measure
licensed establishment employees in fake ideni
Performance Measure detection
r._�_i_,.:_., n-#-- �..,.T,Irir(hnnn�l Rv W'10/2013
tion
1. orni leLIUII Lvca►c k..n..' JJJJI !J - -- —
c vhy
C ompletion Date
mwity
Responsible
(rn
nIddtyyyy)
- - -- --- ._......__. - -- . .......................
1 ; Starting in May, schedule training sessions with licensed premise management :
Subgrantee
9/30/20
2 Starting in June, conduct training sessions
Subgrantee
9/30
2013
Maintain a report of date, location, and names of persons trained and submit
Subgrantee
9/301 2013
3
monthly via that months performance report
Follow up with establishments that request and receive the training within 45
Subgrantee
9/301 2013
d ays of delivery.
-
5.
-
7.
8.
10.,
-
Vol. I Pg. =:? (�/
Brazos County Attorneys Office
Brazos County Comprehensive Underag Drinking P
Budget Summary
T*
Labor Costs
. egory
,a 1.7 M11 .7 $88,410
- - t! 1= . -. snlr -�7 7 ' 7
Cate .. 4or , y 11 -'Oth6r Virect Cbsts•-
........ . ..
(3 =00) Travel: $q,99q, $
$
(=400) Equipment: 0.1 -:0PY
supplies: $01 - - - - -•- $250.0011
IS $4
ntractual 0
$0 �$
-
E
: Other
Miscellaneous: (700)
'00-00
0
......................
Fr inge
fj
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$1 8 , 063.26
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(3 =00) Travel: $q,99q, $
$
(=400) Equipment: 0.1 -:0PY
supplies: $01 - - - - -•- $250.0011
IS $4
ntractual 0
$0 �$
-
E
: Other
Miscellaneous: (700)
'00-00
0
......................
MRWdENM 6 HK M L Z IV;, E. & 9 NM9MRMR"=TM T4-IRA-T-1 F I MAMKMEWMM
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r Li
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I
Total Indirect..- 0
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a N
S130: 815.90.
t - -, 7 -
Fund Sources:
(Percent 46.55% 5,3.45% 0.00%
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant appli ation in
eGrants.
2013-BrazosCA-G-1 YG-0021 Printed On: 8/7/2012 Pa�e 35 of 35
Vol. Pg.
SAVNS MAINTENANCE GRANT CONTRACT BETV
THE OFFICE OF THE ATTORNEY GENERAL
AND BRAZOS COUNTY
OAG Contract No. 1336353
THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas
(OAG) and Brazos County (GRANTEE) for certain grant funds. The Office of the Attorney
General and GRANTEE may be referred to in this contract individually as a "Party" and
collectively as the "Parties."
SECTION 1. PURPOSE OF THE CONTRACT
The purpose of the OAG Statewide Automated Victim Notification Service (SA NS) grant
program is to maintain Texas counties and other entities in a statewide system that will provide
relevant offender release information, notification of relevant court settings or events, promote
public safety and support the rights of victims of crime. To ensure a standard statewide service
to all interested entities, including GRANTEE, the OAG make grant funds available for eligible
expenses related to services delivered to GRANTEE by the vendor, certified by t e OAG, to
provide certain SAVNS services to the GRANTEE.
The OAG published a Request for Proposals (RFP) for Statewide Automated Victi Services
May 15, 2009. After an evaluation of proposals, the OAG identified and certified a single
vendor to provide statewide automated victim notification services. The initial t-,rm of the
Vendor Certification is from September 1, 2009 to August 31, 2011. The OAG exercised its
option to extend and extended the term until August 31, 2012. In July 2012, the OA extended
the term again until August 31, 2013; however, that extension modified the existing pricing
model and methodology in reimbursing entities for eligible expenses. The Vendor Certification
includes a "Detail of Services ", containing a detailed description of services to be provided by
the Certified Vendor as well as the Pricing Model, as modified, all comprising the "Vendor
Certification Documents." The vendor certified to provide the services is A riss, Inc.,
( "Certified Vendor "), a Kentucky corporation authorized to do business in Texas.
SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT
2.1 Service Period (Term). The Service Period (Term) of this contract shall commence on
September 1, 2012, and unless terminated earlier as provided by another provis'on of this
contract, this contract will terminate August 31, 2013.
2.2 Option to Extend Term. This contract may be extended for an additiona;
written amendment executed with the same formalities as this contract. Extendir
does not increase the contract amount. Any increase in the contract amount must
written amendment executed with the same formalities as this contract.
term by a
g the term
also be by
SAWS Maintenance Grant (12 Months) FY 2013
Page 1 of 20 C
Vol.
SECTION 3. GRANTEE'S CONTRACTUAL SERVICES
3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agr ement," a
contractual agreement, with the Certified Vendor to provide services consistent with the OAG
Vendor Certification documents: The Services Agreement will include terms and conditions
that are intended .to provide the GRANTEE such rights and remedie& as are necessary to ensure
the delivery of the services from .the Certified Vendor in accordance with the Scope f Services
as stated in this contract and the.OAG Vendor Certification documents.
3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a 64 aintenance
Plan." 'The Maintenance Plan,
at minimum, will be designed to accomplish the following:
make available offender information that is timely, accurate and relevant to support he SAVNS
services; verify the' Certified' Vendor's performance according to Services Agreement;
satisfactorily discharge GRANT-EE's obligations as described in the Services Agreement, and
identify and dedicate GRANTEE staff, resources and equipment necessary to aintain the
SAVNS services in the Services,Agreement.
3.3 GRANTEE Service Levels.. In addition to other service levels that the G TEE may
impose, GRANTEE will inspect;: monitor and verify the performances required of tie Certified
Vendor. GRANTEE will inspect, moniior and verify the performances required of the Certified
Vendor as provided in the Services Agreement as well as this contract. GRANTEE vill execute
a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor, for
the term of this contract, . GRANTEE will verify that input data (the jail an court data
elements used by the SAVNS system) is entered accurately and in a timely basis.
GRANTEE will allow on -site monitoring visits to be conducted by OAG or it authorized
representative.
3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate
with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the
SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third -
parties to assist the OAG, GRANTEE and the other Statewide Stakeholders, in the overall
monitoring, inspection and verification of the Certified Vendor's performances.
3.5 Data Extract. To the extent permitted by law, GRANTEE agrees to provide the OAG
with a copy of data transmitted by GRANTEE to the Certified Vendor. GRANT E authorizes
the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data
may be used to monitor GRANTEE performance and the Certified Vendor's perfor ance. This
data may be used for such other purposes allowed by law. The data will be provided in such
electronic format (including, but not limited to, an XML extract) as requested by the OAG.
3.6 Scope of Services. For the purpose of this contract, the requirement ,% duties and
obligations contained in Section 3 of this contract are collectively referred to as the "Scope of
Services ". As a condition of reimbursement, GRANTEE .agrees to faithfully, timely and in a
good and workman -like manner - implement. and maintain the services. in compliance with the
SAVNS. Maintenance Grant (12 Months) FY 2013
Page 2 of 20
_.�
Vol. ""p p Pg. 3
Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the
fiscal and programmatic management of its SAVNS program.
SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with OAG. GRANTEE shal forward to
the OAG, the applicable reports on forms as specified by the 'OAG. GRANTEE shall establish
procedures to ensure that it files each document or form required by the OAG in an accurate and
timely manner. Unless filing dates are given herein, all other reports and other documents that
GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time,
the OAG may require additional reports or statistical information from GRANTEE.
4.1.2. Cooperation; Additional Information. GRANTEE shall cooperate fully with the
OAG. In addition to the information contained in the required reports, other information,
including but not limited to information relating to the services rendered byte Certified
Vendor, may be required as requested by the OAG.
4.1.3 Notification of Changes in Organization; Changes in Authorized Offi ial, Grant
Contact and Project Financial Officer. GRANTEE shall submit within ten (10) bt siness days
notice to the OAG of any change of the following: GRANTEE's name; contact i formation;
key personnel, officer, director or partner; organizational structure; legal standing; r authority
to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in al Nance, of a
change in address or main telephone number of GRANTEE. A change in GRAN EE's name
requires an amendment to this contract.
GRANTEE shall name an Authorized Official, Grant Contact and Project Finan ial Officer.
GRANTEE must submit a written request by the governing body on GRANTEE's letterhead,
with original signature, to change an Authorized Official. GRANTEE, by an einail, fax or
GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant
Contact or the Project Financial Officer.
4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization.
Such fiscal and programmatic management shall include accountability for al funds and
materials received from the OAG; compliance with OAG rules, policies and pro edures, and
applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through self - evaluation and/or the OAG's monitoring processes.
Ignorance of any contract provisions or other requirements referenced in this contract shall not
constitute a defense or basis for waiving or failing to comply with such p ovisions or
requirements.
GRANTEE shall develop, implement, and maintain financial management and control systems
SAVNS Maintenance Grant (12 Months) FY 2013
Page 3 of 20
Vo l. ( & �, rJ 6
that include appropriate financial planning, including the development of b dgets that
adequately reflect all functions and resources necessary to carry out authorized activities and the
adequate determination of costs; financial management systems, including accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; determination of reasonableness; allocati n of costs;
and timely and appropriate audits and resolution of any findings; and annu financial
statements, including statements of financial position, activities, and cash flows, prepared on an
accrual basis in accordance with Generally Accepted Accounting Principles (GA P) or other
recognized accounting principle.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to
secure the confidentiality of records and other information relating to services provided in
accordance with applicable federal and state law, rules and regulations. This provision shall not
be construed as limiting the OAG's access to such records and other information.
4.2 Programmatic Reports
4.2.1 Service Reports. GRANTEE shall submit service delivery reports, pr grammatic
performance reports and other reports, in the appropriate format and on a time y basis, as
established by the OAG. GRANTEE will submit other reports as requested by the OAG.
4.2.2 Written Explanation of Variance. GRANTEE is required to provid a written
explanation to the OAG for any variances on service delivery reports, pr grammatic
performance reports or other reports. In addition to the written explanation, GRANTEE shall
promptly answer any questions of the OAG, whether in writing or otherwise, in connection with
the reports presented to the OAG.
4.2.3 Other Program Reports. GRANTEE shall cooperate fully in an fiscal or
programmatic monitoring, auditing, evaluating, and other reviews pertaining to services
rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE
shall submit service delivery reports, contract or self - evaluations of performance and other
reports requested by the OAG in appropriate format and on a timely basis and make available at
reasonable times and for reasonable periods, records, books, reports, and supporting documents
for reviewing and copying by the OAG or its designees.
4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log" that records
noted with the SAVNS system, including, but not limited to, system down time, sys
and equipment failure. The Problem Log will provide when the problem was i
whom the problem was referred, and steps taken to resolve the problem and when
was resolved.
4.3 Financial Matters
4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract
will immediately review the budget for the fiscal year and the allowable expenditul
on Exhibit A.
problems
i outages,
itified, to
problem
GRANTEE
-s, as shown
SAVNS Maintenance Grant (12 Months) FY 2013
Page 4 of 20
Vol. � � Pg. 5S
4.3.2 Requests for Reimbursement. REFER TO SECTION 4.3.6. F MORE
INFORMATION ON REIMBURSEMENT RIGHTS AND PROCESSES. DAG grant
funds are paid on a cost reimbursement basis. Any payments made by the OAS shall not
exceed the actual and allowable allocable costs of GRANTEE to obtain services from the
Certified Vendor for services within the "scope of services" of this contract. G NTEE will
submit to the OAG requests for reimbursement for the actual and allowable allocable costs
incurred by GRANTEE to obtain services from the Certified Vendor for serviceE within the
"scope of services" of this contract. GRANTEE is responsible for submitting its invoices to the
OAG in an accurate and timely manner. The requests for reimbursement must be accompanied
by supporting documentation as required by the OAG. The OAG may from time to time require
different or additional supporting documentation.
4.3.3 Fiscal Year End Required Reports. On or before October 15, 2013, GRANTEE will
submit fiscal year end required reports.
will submit a reconciled record of its
a. Record of Reimbursement. GRANTEE
expenses for the prior fiscal year.
b. Equipment Inventory Report. GRANTEE will submit an Equipment
Inventory Report which provides record of the current inventory of iterns purchased,
disposed, replaced or transferred of any equipment purchased with grant funds.
4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted in this
contract,
GRANTEE shall timely submit to the OAG a copy of its annual independent financial
audit
report — "timely" means on or before May 31, 2013; otherwise, the timely submission
to the
OAG is on or before nine (9) months after the end of GRANTEE's accounting
firm to an annual financial
year.
audit
GRANTEE will contract an independent CPA perform
CPA firm will determine the type of annual
financial
engagement. GRANTEE's independent
in accordance with the requirements
of OMB
audit, which may include a compliance attestation
Circular A -133 (audits of State, Local Government, and Non - Profit Organizations)
nd/or Texas
Single Audit Circular (Single Audit or non - Single Audit financial audit). If
applicable,
GRANTEE will provide the OAG with any and all independent financial
audited financial statements, related management ,
esponses of
GRANTEE.
4.3.5 Submission of Requests
UNDERSTANDS AGREES TO THE TERMS OF
H OAG 'S
O
SPECIFICALLY
"SECOND EXTENSION OF VENDOR CERTIFICATION" DATED
JUNE
NOTICE OF
20, 2012.
4.3.6 THE FOLLOWING PROVISIONS SPECIFICALLY APPLY
TO THIS
CONTRACT:
4.3.6.1 GRANTEE agrees to allow the OAG to pay the Certified Vendor directly,
instead
of the GRANTEE, for any reimbursements due the GRANTEE un
r this
GRANTEE EXPRESSLY ASSIGNS ANY AND ALL RIGHTS
OF
contract.
UNDER THIS CONTRACT TO THE CERTIFIED VENDOR.
PAYMENT
4.3.6.2 Any contractual rights, duties or liabilities between the Certified Vendor
nd the
SAWS Maintenance Grant (12 Months) FY 2013
Page 5 of 20
Vol. _/ (e Pg•
GRANTEE, (that exist under a "Services Agreement" or other contract
Certified Vendor and the GRANTEE), are not intended to be affected or
by this contract between the OAG and GRANTEE.
4.3.6.3 The Certified Vendor will send its "Service Agreement Renewal Notice' and
invoice (either annually or quarterly which detail the amount due for each quarter)
to GRANTEE by September 1, 2012. The Certified Vendor will notify the OAG
within 20 days of the notices being sent that they were sent.
4.3.6.4 GRANTEE shall submit an invoice to the OAG for the prior quarter by the 5th of
the next month following the end of each quarter. The quarters for FY2013 end on
November 30, February 28, May 31, and August 31. GRANTEE shall include
verification with its invoice to the OAG stating that the GRANTEE receive the
services from the Certified Vendor during the preceding quarter.
4.3.6.5
required by this contract
as
4.3.6.6 The OAG will only pay a quarterly reimbursement payment in arrears after
verification from the GRANTEE that services from the Certified Vendor were
provided.
4.3.6.7 The OAG will process payments to the Certified Vendor each quarter d ring
FY2013 for invoices received from the GRANTEE that also include the
appropriate verification along with its invoice. The quarterly payment w 11 be
made for invoices received by the OAG by the 5th day of the month followir g the
end of the quarter, as defined above. The payment will be generated no later than
the 30th day after the 5th day of the month following the end of the quarter, as
defined above. The OAG will follow up at least once with any GRANTEE that
has not returned its paperwork by the designated deadline for any quarter. The
OAG will contact the GRANTEE by the 10th day of the next month followi g the
end of each quarter.
4.3.6.8 If the GRANTEE does not submit the required invoice and verification prior to
the quarterly deadline defined above, the OAG will initiate an additional payment
to Certified Vendor after the required documentation is received by the OAG. For
these late submissions, the OAG will process a payment for the docurnents
received by the 5th of each additional month. The payment will be generat d no
later than the 30th day after the 5th day of the month.
4.3.6.9 If GRANTEE does not submit the required invoice and verification to the DAG
within 45 days of the next month following the end of each quarter, the OAG will
determine what steps will be taken next, including placing the grant contract on
financial hold or terminating the grant contract. If an OAG grant contr ct is
any contractual obligation it has with Certified Vendor. The OAG will not be
SAVNS Maintenance Grant (12 Months) FY 2013 �p
Page 6 of 20 Vol. / ` P$•
responsible for collection efforts on behalf of the Certified Vendor.
4.3.7 Close -Out Invoice. GRANTEE shall submit a final invoice not later than tl
(1) forty -five (45) calendar days after termination of this contract; or (2) forty -five (i
days after the end of each state fiscal year.
earlier of
calendar
4.3.8 Refunds and Deductions. If the OAG determines that an overpayment of grant funds
under this contract has occurred, such as payments made inadvertently or payments made but
later determined to not be actual and allowable allocable costs, the OAG may se k a refund
from GRANTEE and/or the Certified Vendor. The OAG may offset and deduct the amount of
the overpayment from any amount due to be paid, but not yet paid by the OA under this
contract. The OAG may choose to require a payment directly from GRANTS and/or the
Certified Vendor rather than offset and deduct a specified amount. GRANTS and/or the
Certified Vendor shall refund any overpayment to the OAG within thirty (30) calendar days of
the receipt of the notice of the overpayment from the OAG unless an alternate pay ent plan is
specified by the OAG. 7
4.3.9 Purchase of Equipment; Maintenance and Repair; Title upon T rmination.
GRANTEE shall not give any security interest, lien or otherwise encumber any item of
equipment purchased with contract funds. GRANTEE shall permanently identify a 1 equipment
purchased under this contract by appropriate tags or labels affixed to the equipment.
GRANTEE shall maintain a current inventory of all equipment or assets, which is available to
the OAG at all times upon request.
GRANTEE will administer a program of maintenance, repair, and protection of equipment or
assets under this contract so as to ensure the full availability and usefulness of such equipment
or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for
any loss of, destruction of, or damage to the assets provided under this contract, it shall use the
proceeds to repair or replace said equipment or assets.
To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies
with funds from this contract, GRANTEE agrees that upon termination of the contract, title to
or ownership of all such purchased equipment and supplies, at the sole option of thB OAG, shall
remain with the OAG.
5. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL
5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE
effective and efficient use of grant funds to accomplish the purposes of this contrac
ensure the
5.2 Maximum Liability of OAG. The maximum liability of the OAG in this contract is
contained in the attached Exhibit A. Any change to the maximum liability must be supported
by a written amendment to this contract. The OAG and GRANTEE agree that any act, action or
representation by either party, their agents or employees that purports to increase Lhe maximum
liability of the OAG is void, without first executing a written amendment to this contract.
GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or
SAVNS Maintenance Grant (12 Months) FY 2013
Page 7 of 20
Vol. 1 (a (P Pg.
liability of the OAG in excess of the funds as stated in the attached Exhibit A.
5.3 Payment of Authorized Costs. In accordance with the terms of this
will pay costs pursuant to this contract. The OAG is not obligated to pay una
the OAG
costs.
5.4 Contract Not Entitlement or Right. Reimbursement with contract funs is not an
entitlement or right. Reimbursement depends, among other things, upon strict compliance with
all terms, conditions and provisions of this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is su *ect to the
actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are
sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for
reimbursement of all expenses, if any, as set forth in this contract or arising out of any
performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received
from the OAG are limited by the term of each state biennium and by specific al propriation
authority to the OAG for the purpose of this contract. GRANTEE a yrees that
notwithstanding any other provision of this contract, if the OAG is not appro 3riated the
funds or if the OAG does not receive the appropriated funds for the purpose o r this grant
program, or if the appropriated funds made for the purposes of this grant pr gram, are
deemed, in the sole discretion of the OAG, required to be reallocated to fund other state
programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance
on this contract.
SECTION 6. TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, to
contract in whole or in part, upon thirty (30) calendar days notice to the other party.
nate this
6.2 Termination for Cause. In the event that GRANTEE fails to perform or omply with
an obligation of the terms, conditions and provisions of this contract, the OAG may, upon
written notice of the breach to GRANTEE, immediately terminate all or any part of this
contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions.
Termination is not an exclusive remedy, but will be in addition to any other rights d remedies
provided in equity, by law, or under this contract. 7
Termination of this contract for any reason or expiration of this contract shall n release the
Parties from any liability or obligation set forth in this contract that is expressly stated to survive
any such termination or by its nature would be intended to be applicable following any such
termination. The following terms and conditions, (in addition to any others that could
reasonable be interpreted to survive but are not specifically identified), survive th termination
or expiration of this contract: Sections 4; Section 7; Section 11; and Section 12.
SAVNS Maintenance Grant (12 Months) FY 2013 �p 2 9
Page 8 of 20 V01. l P9. `
6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under
Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this
contract is accomplished, then the OAG may require the GRANTEE and/or the Certified
Vendor to refund all or some of the grant funds paid under this contract, for the funds
representing the number of months of SAVNS services previously invoiced and aid by the
OAG under this contract.
6.5 Notices to Certified Vendor. Any termination of this contract will also be forwarded
by the terminating party to the Certified Vendor.
SECTION 7. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS.
7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records tc support its
charges, procedures, and performances to OAG for all work related to this Contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's
auditor, the OAG and auditors of the State of Texas, the United States, or such othe persons or
entities designated by the OAG, to ensure proper accounting for all costs and p rformances
related to this contract.
7.2 Records Retention GRANTEE shall maintain and retain for a period of fo r (4) years
after the submission of the final expenditure report, or until full and final resolution of all audit
or litigation matters which arise after the expiration of the four (4) year period after the
submission of the final expenditure report, whichever time period is longer, such records as are
necessary to fully disclose the extent of services provided under this contract, including but not
limited to any daily activity reports and time distribution and attendance records, and other
records that may show the basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide
accountability for updates to mission critical information, charges, procedures, and
performances. Audit trails maintained by GRANTEE will, at a minimum, identify the
supporting documentation prepared by GRANTEE to permit an audit of the system by tracing
the activities of individuals through the system. GRANTEE's automated systems must provide
the means whereby authorized personnel have the ability to audit and to verify c ntractually
required performances and to establish individual accountability for any actin that can
potentially cause access to, generation of, or modification of confidential information.
GRANTEE agrees that GRANTEE's failure to maintain adequate audit trails and co esponding
documentation shall create a presumption that the services or performances were no performed.
7.4 Access. GRANTEE shall grant access to and make available copies of all ata extracts
described in Section 3.5, as well as all paper and electronic records, books, documents,
accounting procedures, practices, and any other items relevant to the performance of this
contract and the operation and management of GRANTEE to the OAG, the State of Texas, the
United States, or such other persons or entities designated by OAG for the urposes of
inspecting, auditing, or copying such items. All records, books, documents, accounting
procedures, practices, and any other items, in whatever form or media, relevant to the
performance of this contract shall be subject to examination or audit in accordance with all
SAVNS Maintenance Grant (12 Months) FY 2013
Page 9 of 20
Vol. Pg.
contract performances and duties, all applicable state and federal laws, regulations o directives,
by the OAG, the State of Texas, the United States, or such other persons or entities designated
by OAG. GRANTEE will direct any contractor to discharge GRANTEE's ob igations to
likewise permit access to, inspection of, and reproduction of all books and rec rds of the
subcontractor(s) that pertain to this contract.
GRANTEE shall provide physical access, without prior notice, and shall direct an contractor
and subcontractor to likewise grant physical access to all program delivery sites to
representatives of the State of Texas and/or the OAG and its designees.
7.5 Location. Any audit of documents listed in Section 7.4 shall be cond cted at the
GRANTEE's principal place of business and/or the location(s) of the GRANTEE's operations
during the GRANTEE's normal. business hours and at the OAG's expense. GRANTEE shall
provide to OAG and such auditors and inspectors as OAG may designate in writing, on
GRANTEE's premises (or if the audit is being performed of a subcontractor, the su contractor's
premises if necessary) space, office furnishings (including lockable cabinets), telephone and
facsimile services, utilities and office- related equipment and duplicating services as OAG or
such auditors and inspectors may reasonably require to perform the audits desc 'bed in this
Section 7.
SECTION 8. SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by
The OAG generally requires submission of information via email or hard copy fc
reporting requirements must occur via the intemet and/or a web -based data collecti<
GRANTEE.
rmat. Some
in method.
8.1 Programmatic Reports and Information (excluding Financial Re orts). All
quarterly statistical reports, annual performance reports, correspondence, reports or notices,
except financial reports specified below, must be submitted via email to:
OAG-Grants@texasattorneygeneral.gov.
If requested or approved by the OAG, other programmatic reports, may be
Program Manager — Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711 -2548
8.2 Financial Reports (excluding Programmatic Reports and l
financial status reports, requests for reimbursement, audits, and equipment
must be submitted in hard copy format to:
Financial Manager — Grants Administration Division
Office of the Attorney General
to:
a). All
reports,
SAVNS Maintenance Grant (12 Months) FY 2013
Page 10 of 20
Vol. r pg. -
Mail Code 005
Post Office Box 12548
Austin, Texas 78711 -2548
The Annual Independent Financial Audit and related documents, as well as any
requested or approved by the OAG, may be submitted to:
OAG-Grants@texasattomeygeneral.gov
SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resol)
found by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's
under this contract, the OAG, at its sole discretion, may impose one or more of 1
remedies as part of a corrective action plan: increase monitoring visits; require
more detailed financial and/or programmatic reports be submitted; require prior
expenditures; require additional technical or management assistance and/or make i
in business practices; reduce the contract amount; and/or terminate this contract. T
are not exclusive remedies, and the OAG may impose other requirements th
determines will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with the terms of this contract may
OAG, at its sole discretion, placing GRANTEE on immediate financial hold w
notice to GRANTEE and without first requiring a corrective action plan. No rei
will be processed until the requested information is submitted. If GRANTEE
financial hold, the OAG, at its sole discretion, may deny reimbursement reque;
with expenses incurred during the time GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion,
other sanctions without first requiring a corrective action plan. The OAG, at its sol
may impose sanctions, including, but not limited to, withhold or suspend fur,
previous reimbursements, require repayment, disallow claims for reimburserr
funding, terminate this contract and/or any other appropriate sanction.
reports, if
problems
-tormance
following
litional or
. )roval for
lifications
foregoing
the OAG
It in the
t further
placed on
associated
ay impose
discretion,
ing, offset
nt, reduce
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and
conditions. Corrective action plans, financial hold and/or sanctions do not excuse c r operate as
a waiver of prior failure to comply with this contract.
SECTION 10. GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines,
Other Relevant Authorities. GRANTEE agrees to comply with all applicable fede
1Bs, and
and state
SAVNS Maintenance Grant (12 Months) FY 2013
Page 11 of 20
Vol. P9.
laws, rules and regulations, directives, guidelines, OMB circulars, or any other
relevant to the performance of GRANTEE under this contract.
10.2 Uniform Grant Management Act, UGMS and Applicable Standard
State Certifications and Assurances. GRANTEE agrees to comply with ap
executive orders, regulations and policies as well as the Uniform Grant Mana�
1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRAN
comply with Uniform Grant Management Standards (UGMS), as promul
Governor's Budget and Planning Office.
10.3 Generally Accepted Accounting Principles or Other Recognized
Principles. GRANTEE shall adhere to Generally Accepted Accounting Princir
promulgated by the American Institute of Certified Public Accountants, unless othe
accounting principles are required by GRANTEE, and follow OAG fiscal manager
and procedures in processing and submitting for reimbursement GRANTEE's
maintaining financial records related to this contract.
authorities
eral and
ble laws,
nt Act of
agrees to
I by the
kcounting
-s (GAAP)
recognized
ent policies
billing and
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not giver, offered to
give, nor intends to give at any time hereafter, any economic opportunity, future employment,
gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the
OAG, at any time during the negotiation of this contract or in connection with t is contract,
except as allowed under relevant state or federal law. GRANTEE will establish s eguards to
prohibit its employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or personal gain. G NTEE will
operate with complete independence and objectivity without actual, potential or apparent
conflict of interest with respect to their performance under this contract. GRANTEE must
disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to their performance under this contract. GRANTEE certifies: No
federal/state appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress or the
Texas Legislature, or an employee of a member of Congress or the Texas gislature in
connection with the awarding, or the extension, continuation, renewal, am ndment, or
modification of this contract; and if any non - federal /state funds have been paid oi will be paid
to any person for influencing or attempting to influence an officer or employee of ny agency, a
member of Congress or the Texas Legislature, an officer or employee of Congress or the Texas
Legislature, or an employee of a member of Congress or the Texas Legislature in connection
with this contract, the undersigned shall contact the OAG for the "Disclosure Form to Report
Lobbying."
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agre s that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies
that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to
remain in good standing with the Texas Secretary of State, Texas Comptrol er of Public
Accounts and related Federal governmental bodies related to GRANTEE's right to conduct it
business in Texas. GRANTEE agrees to comply with all applicable li enses, legal
certifications, inspections, and any other applicable local ordinance, state, or federal laws. If
SAVNS Maintenance Grant (12 Months) FY 2013
Page 12 of 20 �Io�. ZP fig•
GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occup ions Code,
GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on
Law Enforcement Officer Standards and Education.
10.6 Certifications and Assurances. Exhibit B, attached hereto and incorporated herein, and
is applicable to this contract. GRANTEE agrees to strictly comply with the requi ements and
obligation described in Exhibit B.
SECTION 11. SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless greement.
GRANTEE agrees that it is an independent contractor and under no circumstances shall any
owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered
a state employee, agent, servant, joint venturer, joint enterpriser or partner of the DAG or the
State of Texas. GRANTEE agrees to take such steps as may be necessary to ens ire that any
contractor of GRANTEE performing services related to this contract will be deemed to be an
independent contractor and will not be considered or permitted to be an agent, s rvant, joint
venturer, joint enterpriser or partner of OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTE or any of
GRANTEE's contractors shall be considered to be solely the employees o agents of
GRANTEE or GRANTEE's contractors. GRANTEE shall be responsible for ensuring that
there is payment of any and all appropriate payments, such as unemploymc nt, workers
compensation, social security, and other payroll taxes for such persons, including any related
assessments or contributions required by law.
To the extent allowed by law, GRANTEE or GRANTEE's contractors are res onsible for
all types of claims whatsoever due to the actions or performance under tf is contract,
including, but not limited to, the use of automobiles or other transportation, :aken by its
owners, incorporators, officers, directors, employees, volunteers or any t ird parties;
further, to the extent allowed by law, that GRANTEE and/or GRANTEE'S contractors
will indemnify and hold harmless the OAG and/or the State of Texas from and against any
and all claims arising out of the actions or performance of GRANTEE or GRANTEE's
contractors under this contract. To the extent allowed by law, GRANTEE agrees to
indemnify and hold harmless the OAG and/or the State of Texas from any and all liability,
actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that
arise from or are occasioned by the negligence, misconduct, or wrongful act o omission of
the GRANTEE, its employees, representatives, agents, or GRANTEE's co tractors in
their performance under this contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the O directly or
indirectly in any media release, public service announcement or public service disclosure
relating to this contract or any acquisition pursuant hereto, including in any p omotional or
marketing materials, without first obtaining the written consent from the OAG. This section is
not intended and does not limit GRANTEE's ability to comply with its obligatio s and duties
under the Texas Open Meetings Act and/or the Texas Public Information Act.
SAVNS Maintenance Grant (12 Months) FY 2013 L�
Page 13 of 20 '' Pg.
Vol.
11.3 Intellectual Property. GRANTEE agrees that where funds obtained under t is contract
may be used to produce original books, manuals, films, or other original material and
intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-
exclusive, and irrevocable license which is hereby reserved by the OAG and GRAN EE hereby
grants to the OAG or the state (or federal government, if federal funds are expe ded in this
grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare
derivative works, publish and distribute, at no additional cost to the OAG, in any anner the
OAG deems appropriate in its sole discretion, any component of such intellectual pro erty made
the subject of this contract.
11.4 Program Income. Gross income directly generated from the grant funds through a
project or activity performed under this contract are considered program income. Unless
otherwise required under the terms of this contract, any program income shall be used by
GRANTEE to further the program objectives of the project or activity funded by this grant, and
the program income shall be spent on the same project or activity in which it was generated.
GRANTEE shall identify and report this income in accordance with the OAG's reporting
instructions. GRANTEE shall expend program income during this contract to ; program
income not expended in this contract term shall be refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use fund from this
contract to replace or substitute existing funding from other sources that also s pports the
activities that are the subject of this contract.
11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agr ed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of
GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney
General of the State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approva of OAG.
OTHER THAN AS SPECIFICALLY ALLOWED IN THIS CONTRACT IN THAT
GRANTEE UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE
ANY AND ALL REIMBURSEMENT PAYMENTS TO THE CERTIFIED VENDOR,
GRANTEE may not subcontract or assign any of its rights or duties under this contract without
the prior written approval of the OAG. It is within the OAG's sole discretion to approve any
subcontracting or assignment.
11.8 No Grants to Certain Organizations.
contract that it does not make contributions
candidates.
GRANTEE confirms that by ex1cuting this
office to campaigns for elective or endorse
11.9 No Waiver of Sovereign Immunity. To the extent allowed by law, the arties agree
that no provision of this contract is in any way intended to constitute a waiver by the OAG or
the State of Texas of any immunities from suit or from liability that the OAG or the State of
Texas may have by operation of law.
11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas.
SAVNS Maintenance Grant (12 Months) FY 2013 / J� 6
Page 14 of 20 ��,• 1 64 `'C Pg•
This contract and all disputes arising out of or relating thereto shall be governed by 1he laws of
the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Except where state law establishes mandatory venue, and to the extent allowed by law,
GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation")
arising out of or in any way relating to this contract shall be commenced exclusively in the
Travis County District Court or the United States District Court in the Western Distr Austin
Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to
the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such
litigation. To the extent allowed by law, GRANTEE hereby waives and agrees not to assert by
way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that
GRANTEE is not personally subject to the jurisdiction of the above -named cour s, the suit,
action or proceeding is brought in an inconvenient forum and/or the venue is impropt r.
SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. To the extent the terms and conditions of this contract do
not address a particular circumstance or are otherwise unclear or ambiguous, such terms and
conditions are to be construed consistent with the general objectives, expectations and purposes
of this contract.
12.2 Entire Agreement, Including All Exhibits. This contract, including all exh bits reflects
the entire agreement between the Parties with respect to the subject matter therei i described,
and there are no other representations (verbal or written), directives, guidance assistance,
understandings or agreements between the Parties relative to such subject matter. Any exhibit
mentioned in this contract that is attached is incorporated herein. By executing s contract,
GRANTEE agrees to strictly comply with the requirements and obligations oft 's contract,
including all exhibits.
12.3 Amendment. This contract shall not
of this contras is hall be binding upon the
by both parties. Any properly executed a ndmen
Parties and presumed to be supported by adequate consideration.
12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. The illegal or invalid provision shall be deemed severable and stricken from the
contract as if it had never been incorporated herein, but all other provisions shall continue in full
force and effect.
12.5 Non - waiver. The failure of any Party to insist upon strict performance f any of the
terms or conditions herein, irrespective of the length of time of such failure, s all not be a
waiver of that party's right to demand strict compliance in the future. No consent or waiver, uder
express or implied, to or of any breach o odefwuativer to or of any c breach or f au in the
this contract shall constitute a consent
performance of the same or any other obligation of this contract.
SAVNS Maintenance Grant (12 Months) FY 2013 /
Page 15 of 20 Vol.— te p C�
12.6. Official Capacity. The Parties stipulate and agree that the signatories
signing, executing and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY
GENERAL
BRAZOS COUNTY
Attorney General or designee
Printed Name
Authorized Official
Printed Name
SAVNS Maintenance Grant (12 Months) FY 2013
Page 16 of 20 , Pg
VOA.
are
ro- yJua�
EXHIBIT A
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND BRAZOS COUNTY
OAG Contract
Population Size: Large
The total liability of the OAG for any type of liability directly or indirectly arisi
contract and in consideration of GRANTEE'S full, satisfactory and timely perforn
duties, responsibilities, obligations, liability, and for reimbursement by the OAG
if any, as set forth in this contract or arising out of any performance herein shall i
following:
). 1336353
out of this
,e of all its
expenses,
exceed the
AS PROVIDED BY THIS CONTRACT, GRANTEE SF
UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO
ANY AND ALL REIMBURSEMENT PAYMENTS . UND
CONTRCT TO THE CERTIFIED VENDOR.
The maximum number of months is provided above. The OAG is not obli
services prior to the commencement or after the termination of this contract.
VA
THIS
to pay for
SAVNS Maintenance Grant (12 Months) FY 2013 ^
Page 17 of 20 U
Vol. rg'
Maximum
Total
Grant Funds
Event
Cost for Jail
Cost for Courts
Number of
SHALL NOT
Months
EXCEED
Standard
Maintenance
$25,016
$4,158
12
$29,174
Phase
AS PROVIDED BY THIS CONTRACT, GRANTEE SF
UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO
ANY AND ALL REIMBURSEMENT PAYMENTS . UND
CONTRCT TO THE CERTIFIED VENDOR.
The maximum number of months is provided above. The OAG is not obli
services prior to the commencement or after the termination of this contract.
VA
THIS
to pay for
SAVNS Maintenance Grant (12 Months) FY 2013 ^
Page 17 of 20 U
Vol. rg'
EXHIBIT B
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND BRAZOS COUNTY
OAG Contract
OAG CERTIFICATIONS AND ASSURANCES
A. The Uniform Grant Management Standards ( "UGMS "), Part III, Section
Promulgated by the Office of the Governor, State of Texas,
Establish the following assurances applicable to recipients of state grant fu
(1) GRANTEE must comply with Texas Government Code, Chapter 573, Vernon's 1994
that no officer, employee, or member of the applicant's governing body or of the applican
shall vote or confirm the employment of any person related within the second degree of
third degree of consanguinity to any member of the governing body or to any other offices
authorized to employ or supervise such person. This prohibition shall not prohibit the eml
person who shall have been continuously employed for a period of two years, or such
stipulated by local law, prior to the election or appointment of the officer, employee, or gc
member related to such person in the prohibited degree.
1336353
4;
by ensuring
is contractor
` iinity or the
or employee
loyment of a
other period
ierning body
(2) GRANTEE must insure that all information collected, assembled or maintained by the applicant
relative to a project will be available to the public during normal business hours in compliance with
Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
(3) GRANTEE must comply with Texas Government Code, Chapter 551, Vernon's 1994, hich requires
all regular, special or called meeting of governmental bodies to be open to the pub ic, except as
otherwise provided by law or specifically permitted in the Texas Constitution.
(4) GRANTEE must comply with Section 231.006, Texas Family Code, which prohibits ayments to a
person who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency may contract with
or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license,
permit or certificate has been revoked by another health and human services agency or p blic safety or
law enforcement agency.
(6) GRANTEE that is a law enforcement agency regulated by Texas Government Code
must be in compliance with all rules adopted by the Texas Commission on Law Enfor
Standards and Education pursuant to Chapter 415, Texas Government Code or must proN
agency with a certification from the Texas Commission on Law Enforcement Officer
Education that the agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, the standard assurances bec
conditions for receipt of grant funds. GRANTEE shall maintain an appropriate contract
system to insure that all terms, conditions, and specifications are met.
Chapter 415,
ement Officer
de the grantor
Standards and
ome terms or
administration
SAVNS Maintenance Grant (12 Months) FY 2013 `_ a
Page 18 of 20 Vol. p g. _
8) GRANTEE must comply with the Texas Family Code, Section 261.101 which requires reporting of
all suspected cases of child abuse to local law enforcement authorities and to the Texas D partment of
Child Protective and Regulatory Services. GRANTEE shall also ensure that all program personnel are
properly trained and aware of this requirement.
(9) GRANTEE will comply with all federal statutes relating to nondiscrimination. These include, but are
not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) wt ich prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education kmendments
of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d)
the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101 - 6107), w ch prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255),
as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Compreher sive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616) as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 aid 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Right Act of 1968
(42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental o financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which g pplication for
Federal assistance is being made; and 0) the requirements of any other nondiscrimina ion statute(s)
which may apply to the application.
(10) GRANTEE, as applicable, will comply, with the provisions of the Davis -Bacon Act 0 U.S.C. § §
276a to 276a -7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. § § 327 -333), regarding labor standards for fed rally assisted
construction sub agreements.
(11) GRANTEE, as applicable, will comply with requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provide for fair
and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
(12) GRANTEE will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-
29) which limit the political activity of employees whose principal employment activities are funded in
whole or in part with Federal funds.
(13) GRANTEE will comply with the minimum wage and maximum hours provisions of the Federal
Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) GRANTEE, as applicable, will insure that the facilities under its ownership, lease or supervision
which shall be utilized in the accomplishment of the project are not listed on the Environmental
Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating
that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738).
(15) GRANTEE, as applicable, will comply with the flood insurance purchase requirements of 102(a) of
the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102 (a) requires the purchase of
flood insurance in communities where such insurance is available as a condition for the receipt of any
Federal financial assistance for construction or acquisition proposed for use in any area that has been
SAVNS Maintenance Grant (12 Months) FY 2013
Page 19 of 20
Vol.-
identified by the Secretary of the Department of Housing and Urban Development as an
special flood hazards.
(16) GRANTEE, as applicable, will comply with environmental standards which may b
pursuant to the following: (a) institution of environmental quality control measures under
Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) nc
violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assuranc
consistency with the approved State management program developed under the C
Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to
Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Dri
Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the
Species Act of 1973, as amended, (P.L. 93 -205).
area having
prescribed
:he National
tification of
11990; (d)
of project
)astal Zone
State (Clear
42 U.S.C. §
iking Water
Endangered
(17) GRANTEE, as applicable,. will comply with the Wild and Scenic Rivers Act of 1968 (6 U.S.C. §§
1271 et seq.) related to protecting components or potential components of the national wil and scenic
rivers system.
(18) GRANTEE, as applicable, will assist the awarding agency in assuring compliance witl Section 106
of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (i dentification
and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16
U.S.C. 469a -1 et seq.).
(19) GRANTEE, as applicable, will comply with the Laboratory Animal Welfare Act of 1 66 (
66 P.L. 89-
544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of arm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
(20) GRANTEE, as applicable, will comply with the Lead -Based Paint Poisoning Preve tion Act (42
U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or re abilitation of
residential structures.
(21) GRANTEE, as applicable, will comply with Public Law 103 -277, also known as the Pro - Children
Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the
provision of services for children as defined by the Act.
(22) GRANTEE, as applicable, will comply with all federal tax laws and are solely respo
all required state and federal tax forms.
(23) GRANTEE, as applicable, will comply with all applicable requirements of all other
laws, executive orders, regulations and policies governing this program.
(24) GRANTEE, as a signatory party to the grant contract, must certify that they are
suspended or otherwise excluded from or ineligible for participation in federal assistance
(25) GRANTEE must adopt and implement applicable provisions of the model HIV /A
guidelines of the Texas Department of Health as required by the Texas Health and Saf
Sec. 85.001, et seq.
for filing
and state
debarred or
work place
Code, Ann.,
SAVNS Maintenance Grant (12 Months) FY 2013
Page 20 of 20
Vol.
R -09 Service Agreement Renewal Notice
DATE:
CUSTOMER NAME:
LOCATION:
PROJECT TYPE:
ORIGINAL SERVICE AGREEMENT DATE:
SERVICE AGREEMENT RENEWAL DATE:
SERVICE AGREEMENT RENEWAL TERM:
August 13, 2012
Brazos County
200 South Texas avenue, #332
Bryan, TX 77803
Brazos County VINE Service
March 30, 2004
September 1, 2012
12 Months
10 01 Linn Slation Road
Lo levilla, KY 40223 -3842
50 •561.8463 800 - 816 -0491
NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2013
PROJECT PRICING: $29,174 (Quarterly Amount $7,293)
This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes sect
extends ail pricing, service terms and other contract provisions of the prior contract period. N
Interruptions in delivery of Service will occur in relations to this Service Agreement Renewal.
Contract Changes: This Service Renewal Notice includes a 5% decrease in the annual maint
FY 2013 statewide as described in section 4.3.6 of the Grant Contract from the Office of tt
General. The reimbursement process has also changed an he Office of the Attorney Gen
rei Appriss on your behalf assuming the appropriate
maintenance This is not referenced
a contract change, but aremindeer of costs that may eincP
Mai
making booking system replacement and /or changes.
AUTHORIZATION:
APPRISS, INC., BY:
08/13/2012
Signature Date
Thomas R. Seigle
President
Public Safety Group
CUSTOMER BY:
Signature
Title
below,
ance for
Attorney
M will now
when
Date
u&Y e- Pp- �
Name
I � � Pg
KEEPING COMMUNITIES SAFE AND INFORMED
Vol. . 0 2
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Prob,
evaluated on the basis of the output and outcome measures contained in
Juvenile Probation at its discretion, may use other means or additional
evaluate the performance of Service Provider in fulfilling the terms and cone
Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance
Agreement according to the following specific performance goals
Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following
residential placement.
3. Ensure children move down in their Level of Care as they
treatment program.
B. Juvenile Probation shall additionally evaluate Service Provider by
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 residents
successfully.
3. The total number of re- referrals of children discharged from place
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 c
C. Juvenile Probation shall further evaluate Service Provider by the
measures:
1. Percentage of children in residential placement who will complete
as a successful discharge.
2. Percentage of children who have completed placement and not
six (6) months after release.
3. Percentage of children who move down in their Level of Care.
Ltion will be
his section.
measures to
itions of the
under this
for Service
-lease from
ress in the
following
l placement
Lents within
Care.
ng outcome
it placement
-rrals within
Vol.
I � Pg.
Page 4 of 17
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as
foregoing output and outcome measures. These reports will be revi
Probation in order to monitor Service Provider for programmatic compU
Agreement.
ARTICLE V
COMPENSATION
5.01
each of the
-d Juvenile
:e with this
For and in consideration of the above- mentioned services, Juvenile Probati n agrees to
pay Service Provider not more than the per diem rates based upon the Level of Care
provided, in accordance with schedule of rates set by the Texas Health and Human
Services Commission as currently effective or subsequently amended. Those rates as
currently effective are as set forth in Exhibit A, attached hereto and incorporated herein.
5.02 The above fee will be paid only for those children specifically authorized to a placed by
Juvenile Probation through its fiscal or designated official. This fee S hall include
residential care and a minimum of one group or individual counseling sessio i per month.
In no event will the per diem rate exceed that specified for the Level of Ci re provided.
For services rendered under this agreement, Brazos County Juvenil Probation
Department shall pay the sum of Ninety -Five ($95.00) Dollars per day per child for each
day juveniles are placed at the facility. Charges will include the day of admittance,
regardless of the hour of admittance; plus the number of days until released, including the
day of release regardless of the hour. It is understood that the Level of Care provided by
Service Provider will be reduced to a lower Level of Care as soon as such reduction is
deemed practical by Service Provider, based upon improvements in the c 'ld's attitude
and behavior.
5.03 Medical: Brazos County Juvenile Probation Department agrees to be re
ponsible for
payment of medical care to the juveniles placed at the Amador R. Rodriguez
Juvenile
Boot Camp and Educational Center ( ARJBCEC) and to pay for emergency examinations,
treatments, and hospitalizations in the event the child's medical insurance d
es not cover
the cost. The ARJBCEC shall notify Brazos County Juvenile Probation
Department
of any emergency or medical condition requiring medical care within o
(1) regular
working day of its occurrence.
5.04 Service Provider will submit an invoice for payment of services to the Juvenile
Probation
'n
Fiscal Officer on a monthly basis. Said invoice shall be submitted wi
the invoiced month and shall include
ten (10)
information
working days following the end of
deemed necessary for adequate fiscal control, including but not limited to: I
ours worked,
to be attributed to specific clients if appropriate, date service was rendered,
hourly rate,
total daily cost, and total monthly cost. Each invoice received for payment
Probation in order to monitor Service Provider
will be
for financial
reviewed by Juvenile
compliance with this Agreement. Invoices submitted by Service Provider i
proper form
shall be paid by Juvenile Probation in a timely manner. Payments shall be
Payment shall be made to Cameron County
made within
Juvenile
ten (10) working days after receipt.
Probation Department, P.O. Box 1690, San Benito Texas 78586.
5.05 Service Provider must use its best efforts to seek and obtain all benefits
initiate and complete any approp
vailable from
'ate Medicaid
other sources for eligible children. It must
application and complete all necessary documentation to obtain reimbursement
for
Vol. 1 4 0, Pg.
children who may be eligible for Medicaid. Any income received by Service Provider
toward the support of a child from sources other than this Agreement, including but not
limited to Medicaid, Social Security, medical insurance coverage, or contributions from
parents or others must be documented as to each child for whom a billing is submitted
and deducted from the invoice submitted to Juvenile Probation. Documen tion must
include the sufficient identifying information of the parties receiving the s ices, the
dates and times services were provided, and such other information deemed ne essary for
adequate fiscal control.
5.06 In order to avoid duplicate payments for children being transferred to anothet child care
agency under contract with Juvenile Probation, the receiving agency will bill Juvenile
Probation on the day the child is transferred into the program; the releasing agency will
not bill Juvenile Probation for the last day of care.
5.07 Services which are not directly addressed by this Agreement must be submitted for
approval with associated billing for reimbursement from Juvenile Probation.
5.08 Service Provider agrees to make claims for payment or direct any payment disputes to
Juvenile Probation. Service Provider will not contact other department employees
regarding any claims of payment.
5.09 Service Provider agrees and understands that w l financial revenu available will
Probation provided for in this Agreement for hi h current
be contingent on the availability of appropriated funds to meet said obligations.
ARTICLE VI
EXAMINATION OF PROGRAM AND RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation ton to en amine n evaluate
it
program of services provided under the terms include site
records periodically. This examination and evaluation of the progr am may
visitation, observation of programs in operation, interview, hen deemed ne essary of
q to the'staff of Service Provider and the children
6.02 Service Provider shall provide to Juvenile Probation b Juvenile descripti
ton, information on
contracted children as requested on forms prove y
6.03 For purposes of evaluation, inspection, auditing, a reproduction, re of the of Tex as t o maintain and make available to an au representative
Juvenile Probation any and all books, documents, or other evidence pertaining to the
costs and expenses of this Agreement.
6.04 Service Provider shall retain and make available to all other records pertinent l fi o
records, supporting documents, statistical records, an ending litigation, o s claim, audit
Agreement for a minimum of three (3) years, or until any p g r d shall make
or review, and all questions arising there oall contractual agreements with Service
available for Juvenile Probation inspection
Provider's subcontractors for services related to this Agreement.
810
Vol. o Pg�
6.05 Service Provider understands that acceptance of funds under this Agreement acts as
acceptance of the authority of the State Auditor's Office, or any successor agency, to
conduct an audit or investigation in connection with those funds. Service Provider
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 requeste . Service
provider will ensure that the foregoing clauses concerning the authority of tie State of
Texas to audit and the requirement to cooperate is included in any subcontract or
arrangement Service Provider enters into in which funds received under this Agreement
form all or part of the consideration.
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records
relating to children involved in Juvenile Probation, and shall not re-disclose the
information except as required to perform the services to be provided pursuant to this
Agreement, or as may be required by law.
ARTICLE VIII
DUTY TO REPORT
Code
8.01 Allegations Occurring Inside the Juve dm A
Code u Chapter 358, o successor
Chapter 261 and Title 37 Texas Administrative
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 ph sical abuse:
within twenty -four (24) hours from the time the allegation is made, to the following:
1. Local law enforcement agency (not required for serious incidents); an
2. Texas Juvenile Probation Commission by submitting a TJPC Inc dent Report
Form to facsimile number 1 -512- 424 -6717 (or if unable to compl to the form
within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed t y submitting
the report within 24 hours of said call). In addition, for serious incidents, a
treatment discharge form or other medical documentation that con ins evidence
of medical treatment pertinent to the reported incident shall be submitted to the
Texas Juvenile Probation Commission within 24 hours of receipt; an
3. With respect to juveniles placed by Brazos County Juvenil Probation
Department, the TJPC Incident Report Form must also be sen to Juvenile
Probation at facsimile number 979 - 823 -4211, Attention: Chief Doi iglas Vance.
B. For allegations and incidents of sexual abuse or serious physical. abuse:
1. Local law enforcement agency immediately, but no later than one 1) hour from
the time a person gains knowledge of or suspects the alleged seri P o s law
b The initial report shall be made by hone
abuse or sexual U0%.. use.
to � P �
Vol. page 7 of 17
enforcement;
2. Texas Juvenile Probation Commission immediately, but no later four (4)
hours from the time a person gains knowledge of or suspects the alleged serious
physical abuse or sexual abuse. The initial report shall be made by phone by
calling toll -free 1- 877 - 786 -7263. Within 24 hours of the report by phone, the
completed TJPC Incident Report Form shall be submitted by facsimile number 1-
512 -424 -6717 or by email; and
C. With respect to juveniles placed by Brazos County Juvenile Probation
Department, the TJPC Incident Report Form must also be sent to BrM os County
Juvenile Probation Department within 24 hours at facsimile number 979 -823-
4211, Attention: Chief Douglas Vance.
8.02 Allegations Occurring Outside the Juvenile System. Any person who witne es, learns
of, receives an oral or written statement from an alleged victim or other person with
knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect,
exploitation, death, or other serious incident involving a juvenile, but that is not alleged
to involve an employee, intern, volunteer, contractor, or service provider of a program or
facility, shall be reported to law enforcement or to other appropriate goverrunt ntal 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, repor able injury,
youth-on -youth physical assault, or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile t iat includes
sexual abuse by contact or sexual abuse by non - contact.
D. Serious physical abuse is bodily harm or condition that resulted directly r 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 1he 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 j venile post -
adjudication secure correctional facility required to be certified in accordance with
Vol.
(v Pg.
Page 8 of 17
the Texas Family Code; and a public or private non - secure juvenile post•
residential treatment facility housing juveniles under juvenile court jurisd
F. A juvenile justice program is a program or department operated wholly
the governing board, juvenile board, or by a private vendor under cont
governing board or juvenile board that serves juveniles under ju
jurisdiction or juvenile board jurisdiction. The term includes a juv
alternative education program and a non - residential program that sea
offenders while under the jurisdiction of the juvenile court or ju
jurisdiction and a juvenile probation department.
ARTICLE IX
CRIMINAL HISTORY SEARCHES
9.01
r partly by
;,t with the
:vile court
file justice
;s juvenile
nile board
Criminal history searches shall be conducted by Service Provider for any and all of its
employees, interns, volunteers, or contractors providing services in a juverlile justice
facility or juvenile justice program that may have direct unsupervised access to juveniles
in the facility or program. Prior to being granted access to juveniles in facilities or
programs, Service Provider shall provide Juvenile Probation with documentation
confirming that fingerprint -based searches of criminal information databases maintained
by the Federal Bureau of Investigation f the most recent contract for serva es beer,
T provision
within two years prior to the date o
shall apply to individuals who begin employment or service provision on or a er January
1, 2010.
9.02 Service providers of juvenile justice facilities or juvenile justice programs li nsed by the
Texas Department of Family and Protective Services, Texas Department of State Health
Services, or other state agency are exempt from the requirement to provide
documentation of criminal history searches for staff employed in the prograr i or facility.
Service providers that are individually licensed by the Texas Department of Family and
Protective Services, Texas Department of State Health Services, or other state agency are
also exempt from the requirement to provide documentation of criminal his ry searches.
Service Provider shall provide Brazos County with documentation con arming that
Service Provider's license is currently in good standing with the licensing en ity and shall
not provide services under this Agreement unless its license is in good standing.
9.03 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through
the Texas Department of Public Safety.
B. Local law enforcement sex offender registration records check through ti a 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.
Vol. age o 17 g.
9.04 A copy of the initial criminal history report required by this Agreement and y 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.
9.05 As used within this Agreement, a disqualifying criminal history is a history d at includes
any one of the following:
A. A felony conviction against the laws of this state, another state, or the United States
within the past ten (10) years; A deferred adjudication for a felony against the laws of
this state, another state, or the United States within the past ten (10) years;
B. A current felony deferred adjudication, probation or parole;
C. A jailable misdemeanor conviction against the laws of this state, another state, or the
United States within the past five (5) years;
D. A deferred adjudication for a jailable misdemeanor against the laws cf this state,
another state, or the United States within the past five (5) years;
E. A current jailable misdemeanor deferred adjudication, probation or parole; or
F. The requirement to register as a sex offender under Chapter 62 of the Texas Code of
Criminal Procedure.
9.06 In addition to the criteria and time frames set hd isqualifying criminal history, an individual must not have direct unsupervised access to
juveniles in a facility or program until at least one year has elapsed since the completion
of any period of incarceration, community supervision, or parole.
9.07 Any of Service Provider's employees, interhs,unte r dir r contr toise8 ars
disqualifying criminal history shall be prohibited from h g
to juveniles in a juvenile justice facility or a juvenile justice program
•
with
9.08 Juvenile Probation reserves the right, in its sole discretion, to
ibi direct unsup iced
a prior criminal history from being placed in a position
contact with juveniles.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this ca acs that rt e rifie a an ongoing
the following information to Juvenile Probation, and gr
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 Provi er's licensing
authorities; g4
/ I ( Pg.
Vol.
Page 10 of 17
B. Any and all litigation filed against Service Provider, or against its empli
volunteers, subcontractors, agents and/or consultants that have direct
contact with juveniles in a juvenile justice facility or juvenile justice pro
interns,
C. Any arrest or current criminal indictment of any employee, intern, volunteer,
subcontractor, agent and/or consultant of Service Provider that has direct
unsupervised contact with juveniles in a juvenile justice facility or juvenile justice
program;
D. All pending and past allegations and/or investigations of abuse, neglect, exploitation,
death or other serious incidents involving a juvenile placed by Juvenile Probation
in
the juvenile justice facility or juvenile justice program;
E. Any finding of "Reason to Believe" by a state regulatory agency in a
hild abuse,
neglect and exploitation investigation where an employee, intern,
volunteer,
subcontractor, agent and/or consultant of Service Provider that
has direct
unsupervised contact with juveniles in a juvenile justice facility or juvc
rile justice
program was the alleged or designated perpetrator;
F. The identity of any of Service Provider's employees, interns,
consultants that have direct unsupervised
volunteers,
ontact with
subcontractors, agents and/or
juveniles in a juvenile justice facility or juvenile justice program that
required to
register as a sex offender; and
G. The identity of any of Service Provider's employees, interns,
consultants that have direct unsupervised
volunteers,
ontact with
subcontractors, agents and/or
juveniles in a juvenile justice facility or juvenile justice program
that have a
disqualifying criminal history.
10.02 Service Provider agrees and understands it has an affirmative and ' ong
all of the foregoing infoirnation
ing duty to
as to
ascertain and disclose to Juvenile Probation any and
existing employee, intern
volunteer,
any individual, whether a prospective or
agent and/or consultant of Service Provider, prior to
placing that
subcontractor,
that involves direct unsupervised contact with juveniles
in a
individual in a position
juvenile justice facility or juvenile justice program.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all
children and
their parents. It will not unlawfully discriminate against any employee
the basis of age, race,
prospective
ex, religion,
employee, child, childcare provider, or parent on
Service Provider shall abide by all applicable
federal, state
disability or national origin.
and local laws and regulations.
- Vol.
8,5
Page I 1 of 17
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or oblige
out of this Agreement without the prior written consent of Juvenile Probation.
ARTICLE XIII
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing
other public officials of the governing body of the locality or localities in which 1
situated or being carried who exercise any functions or responsibilities in the 1
participate in any decision relating to this Agreement which affects or conflicts
personal interest or have any personal or pecuniary interest, direct or indirect, in thi
or the proceeds thereof.
ARTICLE XIV
DEF ULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate
any part of this Agreement, as it deems appropriate, in any one of the following circa
A. If Service Provider fails to perform the work called for by this Agreement w
specified herein or any extension thereof; or
arising
Ay and no
project is
3ject, shall
rith his/her
Agreement
whole or
the time
B. If Service Provider fails to perform any of the other material provisions of thi Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fail to prosecute
the work as to endanger the performance of this Agreement in accordance with i terms, and
C. In either of these two circumstances after receiving notice of default, Service
not cure such failure within a period of ten (10) days.
14.02 Any default by Service Provider, regardless of whether the default results in to
jeopardize Service Provider's ability io contract with Juvenile Probation in the f
result in the refund of compensation received under this Agreement.
ARTICLE XV
TERMINATION
15.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of
terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its s
determines that the safety of children being served under this Agreement may t
Juvenile Probation may immediately suspend the effect of this Agreement, inc
limited to the obligation to pay, upon giving notice to the Service Provider.
Vol.
ider does
ion, will
and may
intention to
; discretion,
in jeopardy,
ling but not
Page 12 of 17
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of sul
claims or rights of its employees, agents, owners, officers, or subcoi
Juvenile Probation. Service Provider also waives any rights it
indemnification from Juvenile Probation.
ARTICLE XVII
INDEMNIFICATION
17.01 It is further agreed that Service Provider will indemnify and hold harmli
Probation against any and all negligence, liability, loss, costs, claims, or expe
out of wrongful and negligent act(s) of commission or omission of Service
agents, servants, or employees arising from activities under this Agreeme
Provider shall have no obligation to indemnify and hold harmless Juvenile F
any act(s) of commission or omission of Juvenile Probation agents,
employees arising from or related to this Agreement for which a claim or of
made.
ARTICLE XVIII
SOVEREIGN IMMUNITY
18.01 This Agreement is expressly made subject to Brazos' County Sovereign Imp
5 of the Texas Civil Practices and Remedies Code, and all applicable fede
law. The parties expressly agree that no provision of this Agreement is
intended to constitute a waiver or any immunities from suit or from liability
Probation has by operation of law. Nothing in this Agreement is intended t
third party beneficiary.
ARTICLE XIX
REPRESENTATIONS& WARRANTIES
19.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into thi
B. That it is qualified to do business in the State of Texas; that it holds
licenses and staff certifications to provide the type(s) of services being c
that it is in compliance and a l there are no taxes due
operation of its business; and owing t
Texas, the County of Cameron or any political subdivision thereof,
C. That it carries sufficient insurance to provide protection to Juvenile Pi
the indemnity provisions, as well as for any potential liabilities that
related to this Agreement, that, if requested, it will cause its insura
identify Juvenile Probation as a certificate holder on its policy, an(
Brazos County Juvenile Board as additional insured on its policy;
n to any
against
have to
Juvenile
s arising
vider, its
Service
ation for
ants, or
action is
nunity, Title
ral and state
in any way
that Juvenile
benefit any
Agreement;
a necessary
ztracted for;
ants for the
the State of
bation under
Lrise from or
ce carrier to
will add the
Vol. -- L!k� Pg 9-7
Page 13 of 17
D. That all of its employees, interns, volunteers, subcontractors, ag(
consultants that have contact with juveniles in a juvenile justice facility
justice program will be properly trained to report allegations or inciden
neglect, exploitation, death or serious incidents involving a juvenile
supervision of Juvenile Probation in accordance with the requirement
Family Code Chapter 261 and any applicable Texas Juvenile Probation (
administrative rules regarding abuse, neglect, exploitation, death or serio
and
E.
its and/or
it juvenile
of abuse,
under the
of Texas
incident;
That, if it has employees, interns, volunteers, subcontractors, agents and/or
consultants that have contact with juveniles in a juvenile justice facility or juvenile
justice program, then it shall prominently post in all public and staff areas of any and
all of its offices /facilities, both the English and Spanish language versions of the
following official notice forms that are available on the Texas Juvenil Probation
Commission website: Notice to Public Regarding Abuse, Neglect and xploitation
and Notice to Employees Regarding Abuse, Neglect and Exploitation.
ARTICLE XX
TEXAS LAW TO APPLY
20.01 This Agreement shall be construed under and in accordance with the laws of
Texas, and all obligations of the parties created hereunder are performable i
County, Texas.
ARTICLE XXI
VENUE
21.01 Exclusive venue for any litigation arising from this Agreement shall b(
County, Texas.
ARTICLE XXII
ADDITIONAL TERMS AND AGREEMENTS
22.01 Service Provider will accept only those children confirmed by authorize(
Juvenile Probation to be referred for placement in Service Provider's facility.
22.02 Juvenile Probation recognizes that part of a client's rehabilitation program
time away from the residential setting of Service Provider, such as w
holidays, and that Service Provider must retain space for the client until h
To this end, Juvenile Probation agrees to pay Service Provider the full am
such regularly scheduled days away from the residential setting or its progr
they do not exceed four (4) days per month per client and that prior apprc
obtained by. Furloughs will not be authorized for the first ninety (90) days (
or until the completion of the first Individualized Program Plan Revie%
comes first, except in only highly unusual situations. Unoccupied bed spa(
days away from the facility. Individualized Program Plans may warrant k
away from the residential setting if approved in writing by Juvenile Probati
any additional days away from the residential setting will not be charge
Probation.
State of
Cameron
in Brazos
officers of
gay include
kends and
her return.
ant due for
i, provided
d has been
placement,
whichever
constitutes
.tional days
i; however,
to Juvenile
Vol. -1 Pg.
Page 14 of 17
22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for
health insurance, or
ayment of
Medicaid
any medical or dental needs, by personal payment,
as clothing or other expenses not provided for in Service
Provider's
coverage, as well
program.
22.04 Juvenile Probation reserves the right to terminate the client's placement with
release client to any
Service
person or
Provider its discretion. Service without he express consent authorized
agency other er than Juvenile Probation
agent
of Juvenile Probation.
22.05 Service Provider is under no obligation to accept a client who is deemed inap
ropriate for
placement in that program.
22.06 Juvenile Probation is under no obligation to place any child with Service Provider.
22.07 Juvenile Probation shall provide a written psychological calor psychiatric
( ) months prior t
admission,
battery of tests included in the evaluation is older
within six (6) months prior to admission shall
a submitted
a clinical interview performed
with an updated diagnosis and prognosis.
22.08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a
Provider shall
condition of
district in
this contract for residential services, Service
later than the thir d day after the a child,
in
which the facility is located not
the facility.
Probation laws
22.09 Service Provider shall comply with all applicablen le federal
Juve
regulations, tndar
Juvenile Probation's Policies, and Texas
to services provided under this Agreement.
pertinent
22.10 Under Section 231.006, Family Code, the vendor or applicant certifies that 1he
individual
l be
. or business entity named in this Agreement, bid, or application at this Agree
loan, and acknowledges
ent
the specified grant, or payment
be withheld if this certification is inaccurate.
terminated and payment may
22.11 Service Provider is hereby notified that state funds are used hah pay
Provide ccount sep
ces rendered
i ately for the
to Juvenile Probation. For this reason, Service
from Ju
receipt and expenditure of all funds received nil the acctountinga
Accounting Principles (GAA )
epo and
Generally Accepted
auditing of such funds.
ARTICLE XXIII
LEGAL CONSTRUCTION
one or more of the provisions contained in this Agreemen
23.01 In case any respect, s
shall for any
ch invalidity,
reason be held to be invalid, id, illegal , or all not affect other provision t
ereof and this
illegality, or unenforceable
as if such invalid, illegal, or unenforceable
provision ha
Agreement shall be construed
never been contained therein.
Vol. pg. °I
Page 15 of 17
ARTICLE XXIV
PRIOR AGREEMENTS SUPERSEDED
24.01 This Agreement constitutes the sole and only Agreement of the parties
supersedes any prior understandings or written or oral Agreement between
respecting the within subject matter.
ARTICLE XXV
AMENDMENTS
25.01
Juvenile Probation may amend, modify or alter the terms of this Agreement
an effective date thereof. Juvenile Probation will then notify Service Provide
dated subsequent to the date hereof, of such changes and their eff
Continuation of services after the effective date by Service Provider will,
acceptance of these changes. If Service Provider declines to accept chan
Juvenile Probation, Service Provider may terminate this Agreement su
conditions herein.
hereto and
the parties
and specify
• in writing,
ctive date.
signify its
-s made by
iect to the
v ol.
& � Pg
age of 17
ON I Irk( 20 FULLY EXECUTED IN
DUPLICATE,. ACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
Brazos County Juvenile Probation Dept., Camero County Juvenile Just ice Dept.
By- By.
D Tommy_ Ramirez
hief x Pmba ien $ Leer Chief Juvenile Probation O icer
Cameron County Juv. ProbE tion Dept.
�ou V anu.
CL�lrc �vveri��e, ?roWirm l
1 .County Juvenil
va
Page 17 of 17
CONTRACT N
FOR RESIDENTIAL SERVICES
STATE OF TEXAS §
COUNTY OF DUVAL §
Judge Ricardo H. Garcia Regional Juvenile Detention Facility
Residential Services
September 1.2012- August 31, 2013
This Agreement is entered into by and between the Duval County Juvenile Board, at the request of and on
behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile
Probation ") and Judge Ricardo H. Garcia Regional Juvenile Detention Facility, A T xas
nonprofit corporation, licensed to provide child care services by the Texas Department of Fa ily and
Protective Services, Texas Department of State Health Services, Texas Youth Commission, T4 xas
Juvenile Probation Commission, and/or any other appropriate State agency with licensure or r gulatory
authority over this facility ( "Judge Ricardo H. Garcia Regional Juvenile Detention F cility
ARTICLE I
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation ith
residential care for children alleged or adjudicated to have committed delinquent con uct or
conduct indicating a need for supervision. The placement facility to be utilized is ow ied and
operated by Service Provider and is located at 4998 FM Rd 1329, San Diego, TX 78384. The
business office address of Service Provider is PO Drawer 989, San Diego, TX 78384.
ARTICLE 11
TERM
2.01 The term of this Agreement is for12 months, commencing September 1, 2012, and er ding August
31, 2013. It shall be automatically renewed for one year terms thereafter, commenci g October
I" and ending September 3&, unless one party notifies the other in writing, at least t iirty (30)
days prior to the expiration of said term, of its intention to not renew this Agreement
2.02 The terms of this Agreement shall be extended until such time as all services which
requested by Juvenile Probation, and are pending on the termination date in section
have been performed.
ARTICLE III
SERVICES
3.01 Service Provider will provide the appropriate levels of service as defined below:
A.
Basic Level
1. Adequate functioning in all developmental and/or environmental areas; then
transient difficulties, "every-day" worries, and occasional misbehavior, but
regarded as a normal child; responds to "normal" discipline. The caregiver
routine home environment with guidance and supervision to meet the needs
or
ie been
1 above,
may be
would be
provides a
of the child;
, 90�
VOL Pg.
(Insert Name in Bold
(Insert app
2. No more than occasional problems in functioning in any area; some acting
in response to life stresses, but those are brief and transient, minimally disl
others, and not considered deviant by those who know the child. The care;
a routine home environment with supplemental guidance and discipline to
of the child.
B. Moderate Level
1. Frequent or repetitive minor problems in one or more areas; may engage in ni
antisocial acts, but is capable of meaningful interpersonal relationships, requi
supervision in structured supportive setting with counseling available from pr
or paraprofessional staff; or
2. Substantial problems; child has physical, mental, or social needs and behavio
present a moderate risk of causing harm to self or others, poor or inappropria•
skills, frequent episodes of aggressive or other antisocial behavior with some
of meaningful social relationships, requires treatment program in a structured
setting with therapeutic counseling available by professional staff.
C. Specialized Level
1. Severe problems; unable to function in multiple areas; sometimes willing to
when prompted or instructed; but may lack motivation or ability to participa:
care or social activities or is severely impaired in reality testing or in comma
may exhibit persistent or unpredictable aggression, be markedly withdrawn
due to either mood or thought disturbance, or make suicidal attempts; presen
to severe risk of causing harm to self or others; requires 24 -hour supervision
staff in limited access setting.
D. Intense Level
1. Very severe impairment(s), disability or needs; consistently unable or unwill
cooperate in own care; may be severely aggressive or exhibit self- destructiv(
grossly impaired in reality testing, communication, cognition, affect, or persi
may present severe to critical risk of causing serious harm to self or others; r
constant supervision (24 -hour care) with maximum staffing, in a highly strut
setting.
No.
First Page]
, riate dates]
behavior
ng to
r provides
t the needs
olent
that may
social
supportive
in personal
i isolated
a moderate
multiple
ng to
behavior or
nal hygiene;
E. Emergency Shelter
1. Provide twenty -four (24) hour care and supervision for those children requ' ng an
alternative to an undesirable, unwholesome or dangerous living arrangement or as an
alternative to secure detention on an emergency basis pending resolution of existing
conflicts or installation into an appropriate long -term living arrangement.
3.02
Service Provider will perform the following services:
A. Provide basic residential services, including: standard supervision by qualified a ults, food
and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school
supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by
Juvenile Probation.
B. Provide and document paraprofessional counseling, off - campus visits or furlou hs, major
incidents and worker contacts. Any and all costs associated with off - campus visits or
furloughs will be paid by the parent or guardian.
/ (o Pg. -3
VOA. e o
Contra No.
[Insert Nance in Bold o i First Page]
[Insert apprc priate dates]
C. Initiate and document meetings and attempted meetings among Service Provider, uvenile
Probation staff and contracted children for the purpose of justifying continued pla Vnient.
Justification will be done at a minimum of every ninety (90) days. A copy of the I ilacement
justification will be submitted to the Residential Services Supervisor within ten (l ) working
days.
D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and speci fically the
Residential Services Supervisor are notified if a child in placement makes an unaL thorized
departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer
and parents will be informed immediately if during working hours. After normal working
hours, the Juvenile Detention Center will be notified as well as the parents. In the event of
serious illness or accident and for any required follow -up care Service Providers all be
responsible for having the child transported to the nearest hospital or emergency care facility.
E. Provide to Juvenile Probation's Residential Services Supervisor a written Individ alized
Treatment/Case Plan developed in concert with the client and mutually agreed upon by the
appropriate Service Provider staff and the Probation Officer within thirty (30) days of
placement. Said Individualized Treatment/Case Plan shall include measurement of progress
toward goals in the following nine (9) domains: medical; safety and security; recr ational;
educational; mental/behavioral health; relationship; socialization; permanence; parent and
child participation.
F. Initiate and document meetings to review the Individualized Program Plan with a child and
the assigned Residential Services Probation Officer at reasonable intervals, not to exceed
ninety (90) days, to assess the child's progress toward meeting goals set forth, madrig
modifications when necessary, and determining the need for continued placemeni outside of
the child's natural home. The Individualized Program Plan shall contain the reas ns why the
placement may benefit the client; shall specify behavioral goals and objectives being sought
for each client; shall state how the goals and objectives are to be achieved in the placement;
shall state how the parent(s), guardian(s), and, where possible, grandparents and other
extended family members will be involved in the program plan to assist in preventing or
controlling the child's objectionable behavior.
G. Maintain copies of the original Individualized Program Plan and the periodic reviews.
H. Provide the Residential Services Supervisor with a written report of the child's p gress on a
monthly basis in a Monthly Progress Report.
I. Document and maintain records of all goods and services provided to contracted childrei
These records shall contain, but are not limited to: hours of service provided, nualber 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 peri& is
inspection.
Document and maintain records pertaining to the effectiveness of goods and se ices
provided to contracted children. These records shall contain, but are not limited o:
percentage of youth in program successfully achieving set educational goals, percentage of
youth achieving set vocational goals, percentage of youth achieving set social sk lls goals,
percentage of youth demonstrating overall progress, number and type of investigations made
Vol. / wag j 5717 P�•
Contra No.
[Insert Name in Bold o First Page]
[Insert apprc priale dates]
by the Department of Family and Protective Services or any law enforcement age cy due to
reports of abuse and/or neglect. These records shall be made available to Juvenitt Probation
for periodic inspection.
K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as
clothing, or other expenses not provided for in Service Provider's program, shall be the sole
responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to
be paid by either personal payment, health insurance or Medicaid coverage. However in no
case shall a child be denied any needed medical/psychiatric treatment or clothing due to the
inability to pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate tile
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release fiom
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their placement as a
successful discharge.
2. Percentage of children who have completed placement and not re- referrals within six (6)
months after release.
3. Percentage of children who move down in their Level of Care.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of he foregoing
output and outcome measures. These reports will be reviewed by Juvenile Probation in order to
monitor Service Provider for programmatic compliance with this Agreement.
ARTICLE V
�w' J
Vol Page 4 of l� � �E' Pg.
Contra t No.
[Insert Name in Bold o i First Page]
[Insert apprc priate dates]
COMPENSATION
5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay
Service Provider not more than the per diem rates based upon the Level of Care provided, in
accordance with schedule of rates set by the Texas Health and Human Services Commission as
currently effective or subsequently amended. Those rates as currently effective are as set forth in
Exhibit A, attached hereto and incorporated herein.
5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile
Probation through its Fiscal Officer or other designated official. This fee shall include residential
care and a minimum of one group or individual counseling session per month. In no event will
the per diem rate exceed that specified for the Level of Care provided. It is understood that the
Level of Care provided by Service Provider will be reduced to a lower Level of Care soon as
such reduction is deemed practical by Service Provider, based upon improvements in a child's
attitude and behavior.
5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practi 1 to do so.
Juvenile Probation, and/or its representative may at any time make such inspection of records and
interview both the child and employees of Service Provider to determine if the child is at a Level
of Care necessary to meet the child's treatment and service needs. If Juvenile Probati n
determines that the appropriate Level of Care should be or should have been lower, S -rvice
Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference
from the amount paid and the amount that should have been paid, if the child had bee i placed at
the appropriate level from the date the child's level should have been lowered, unless Service
Provider can show why such a step down was not practical. If a child enters and exits a program
where he has resided for a minimum of 120 days and does not move to a lower level, except those
who enter at Basic Level, it will be presumed that the child was not successfully discharged from
the program as set forth in the program measures. Service Provider shall fully cooperate in these
efforts.
5.04 Service Provider will submit an invoice for payment of services to the Juvenile Prob ion Fiscal
Officer on a monthly basis. Said invoice shall be submitted within ten (10) working ays
following the end of the invoiced month and shall include information deemed neces ary for
adequate fiscal control, including but not limited to: hours worked, to be attributed to specific
clients if appropriate, date service was rendered, hourly rate, total daily cost, and tots monthly
cost. Each invoice received for payment will be reviewed by Juvenile Probation in older 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 mann r.
5.05
Service Provider must use its best efforts to seek and obtain all benefits available fro other
sources for eligible children. It must initiate and complete any appropriate Medicaid application
and complete all necessary documentation to obtain reimbursement for children who may be
eligible for Medicaid. Any income received by Service Provider toward the support f a child
from sources other than this Agreement, including but not limited to Medicaid, Socia I Security,
medical insurance coverage, or contributions from parents or others must be docume ited as to
each child for whom a billing is submitted and deducted from the invoice submitted o Juvenile
Probation. Documentation must include the name(s) and SID numbers of the parties receiving
the services, the dates and times services were provided and such other information eemed
necessary for adequate fiscal control.
Vol. / &� pg. C ? (0
Page 5of17
Contrac No.
[Insert Name in Bold o First Page]
[Insert appro rrate dates]
5.06 In order to avoid duplicate payments for children being transferred to another child care agency
under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the
day the child is transferred into the program; the releasing agency will not bill Juvenile Probation
for the last day of care.
5.07 Services which are not directly addressed by this Agreement must be submitted for ap roval with
associated billing for reimbursement from Juvenile Probation.
5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
5.09
Service Provider agrees and understands that all financial obligations of Juvenile Probation
provided for in this Agreement for which current revenue is not available will be contingent
on
the availability of appropriated funds to meet said obligations.
ARTICLE VI
EXAMINATION OF PROGRAM AND RECORDS
6.01
Service Provider agrees that it will permit Juvenile Probation to examine and evaluate
its program
of services provided under the terms of this Agreement and/or to review its records periodically.
This examination and evaluation of the program may include site visitation, observation
of
programs in operation, interview and the administration of questionnaires to the staff
of Service
Provider and the children when deemed necessary.
6.02
Service Provider shall provide to Juvenile Probation such descriptive information on
contracted
children as requested on forms provided by Juvenile Probation.
6.03
For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees
Juvenile
to
maintain and make available to an authorized representative of the State of Texas or
Probation any and all books, documents or other evidence pertaining to the costs and
expenses of
this Agreement.
6.04
Service Provider shall retain and make available to Juvenile Probation all financial r
rords,
supporting documents, statistical records, and all other records pertinent to the Agreement
for a
minimum of three (3) years, or until any pending litigation, claim, audit or review and
all
questions arising therefrom have been resolved, and shall make available for Juvenile:
Probation's
inspection, all contractual agreements with Service Provider's subcontractors for se
7
ices related
to this Agreement.
6.05 Service Provider understands that acceptance of funds under this Agreement acts as 4cceptance of
the authority of the State Auditor's Office, or any successor agency, to conduct an a dit or
investigation in connection with those funds. Service Provider further agrees to coo erate fully
with the State Auditor's Office or its successor in the conduct of the audit or investi tion,
including providing all records requested. Service provider will ensure that the fore, oing clauses
concerning the authority of the State of Texas to audit and the requirement to cooper to is
included in any subcontract or arrangement Service Provider enters into in which funds received
under this Agreement form all or part of the consideration.
ARTICLE VII
Vol. pg. q-7
Page 6 of 17
Contra t No.
[Insert Name in Bold o First Page]
[Insert appr priate dates]
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records
children involved in Juvenile Probation, and shall not re- disclose the information e
required to perform the services to be provided pursuant to this Agreement, or as n
by law.
ARTICLE VIII
DUTY TO REPORT
8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Cod
261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, SE
Provider, and any of its employees, interns, volunteers or contractors, shall report and
or incident of abuse, neglect, exploitation, death or other serious incident involving 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:
twenty -four (24) hours from the time the allegation is made, to the following:
1. Local law enforcement agency (not required for serious incidents); and
2. Texas Juvenile Probation Commission by submitting a TJPC Incident Repor
facsimile number 1 -512 -424 -6717 (or if unable to complete the form within
then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report
hours of said call). In addition, for serious incidents, a treatment discharge f
medical documentation that contains evidence of medical treatment pertinen
reported incident shall be submitted to the Texas Juvenile Probation Commi
24 hours of receipt; and
3. With respect to juveniles placed by Brazos County Juvenile Probation D'
TJPC Incident Report Form must also be sent to Brazos County Juvenile
Department at facsimile number (979)823 -4211.
B. For allegations and incidents of sexual abuse or serious physical abuse:
ating to
pt as
be required
Chapter
allegation
uvenile in a
within
Form to
!4 hours,
tithin 24
Mn or other
to the
sion within
the
1. Local law enforcement agency immediately, but no later than one (1) hour om 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 Probation Commission immediately, but no later than four ( ) hours from
the time a person gains knowledge of or suspects the alleged serious physical abuse or
sexual abuse. The initial report shall be made by phone by calling toll -free 1- 877 -786-
7263. Within 24 hours of the report by phone, the completed TJPC Incident Report Form
shall be submitted by facsimile number 1 -512- 424 -6717 or by email; and
3. With respect to juveniles placed by Brazos County Juvenile Probation De ent, the
TJPC Incident Report Form must also be sent to Brazos County Juvenile Probation
Department within 24 hours at facsimile number (979)823 -4211.
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Vol. ,_, (Q g
Contra t No.
[Insert Name in Bold o 7 First Page]
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8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, lea s of,
receives an oral or written statement from an alleged victim or other person with knoN fledge or
who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitatio , death or
other serious incident involving a juvenile, but that is not alleged to involve an emplo fee, intern,
volunteer, contractor, or service provider of a program or facility, shall be reported to law
enforcement or to other appropriate governmental unit as required in Texas Family C de 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 knowlcdge
as to
the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident
involving a juvenile in a juvenile justice facility or juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury,
youth -on-
youth physical assault or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile that includes
sexual
abuse by contact or sexual abuse by non - contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indireely
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, hether
contiguous or detached, operated wholly or partly by or under the authority of th 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 courtjur sdiction.
The term includes: a public or private juvenile post - adjudication secure correctic nal 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 y the
governing board, juvenile board or by a private vendor under contract with the g verning
board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile
board jurisdiction. The term includes a juvenile justice alternative education pro ram and a
non - residential program that serves juvenile offenders while under thejurisdictic n of the
juvenile court or juvenile board jurisdiction and a juvenile probation department
ARTICLE IX
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of i s employees,
interns, volunteers or contractors providing services in a juvenile justice facility or j venile
justice program that may have direct unsupervised access to juveniles in the facility or program.
Prior to being granted access to juveniles in facilities or programs, Service Provider hall provide
Juvenile Probation with documentation confirming that fingerprint -based searches c f criminal
Page 8 of 17160 9 /
Vol. Pg-
Contrac No.
[Insert Name in Bold o First Page]
[Insert appro riate dates]
information databases maintained by the Federal Bureau of Investigation and by the S to of
Texas have been completed within two year's prior to the date of the most recent conti act for
services. This provision shall apply to individuals who begin employment or service provision on
or after January 1, 2010.
9.02 Service providers of juvenile justice facilities or juvenile justice programs licensed by the Texas
Department of Family and Protective Services, Texas Department of State Health Se ices or
other state agency are exempt from the requirement to provide documentation of criminal history
searches for staff employed in the program or facility. Service providers that are indi idually
licensed by the Texas Department of Family and Protective Services, Texas Department of State
Health Services or other state agency are also exempt from the requirement to provide
documentation of criminal history searches. Service Provider shall provide Juvenile Probation
with documentation confirming that Service Provider's license is currently in good standing with
the licensing entity and shall not provide services under this Agreement unless its license is in
good standing.
9.03 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search throt gh 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 onduct this
background search.
9.04 A copy of the initial criminal history report required by this Agreement and any repo reflecting
subsequent criminal activity shall be maintained for monitoring purposes for whiche er 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
therefrom have been resolved.
9.05 As used within this Agreement, a disqualifying criminal history is a history that inclines 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, o 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;
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[Insert Name in Bold o i First Page]
[Insert appri priate dates]
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.
9.06 In addition to the criteria and time frames set forth in the above definition of disquali ing
criminal history, an individual must not have direct unsupervised access to juveniles in a facility
or program until at least one year has elapsed since the completion of any period of incarceration,
community supervision, or parole.
9.07 Any of Service Provider's employees, intems, volunteers or contractors with a disqua lifying
criminal history shall be prohibited from having direct unsupervised access to juvenil s in a
juvenile justice facility or a juvenile justice program.
9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior
criminal history from being placed in a position that involves direct unsupervised co tact with
juveniles.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disc osed 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 au horities;
B. Any and all litigation filed against Service Provider, or against its employees, in erns,
volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact
with juveniles in a juvenile justice facility or juvenile justice program;
C. Any arrest or current criminal indictment of any employee, intern, volunteer, subcontractol .
agent and/or consultant of Service Provider that has direct unsupervised contac with
juveniles in a juvenile justice facility or juvenile justice program;
D. All pending and past allegations and/or investigations of abuse, neglect, exploit
other serious incidents involving a juvenile placed by Brazos County Juvenile
Department in the juvenile justice facility or juvenile justice program;
E. Any finding of "Reason to Believe" by a state regulatory agency in a child abu
exploitation investigation where an employee, intern, volunteer, subcontractor,
consultant of Service Provider that has direct unsupervised contact with juveni
juvenile justice facility or juvenile justice program was the alleged or designate
F. The identity of any of Service Provider's employees, interns, volunteers, subc(
agents and/or consultants that have direct unsupervised contact with juveniles
justice facility or juvenile justice program that required to register as a sex off(
death or
neglect and
;ent and/or
in a
perpetrator;
a juvenile
ter; and
Vol. , � pg. ,
Page 10 of 17
Contra t No.
[Insert Name in Bold on First Page]
[Insert appropriate dates]
G. The identity of any of Service Provider's employees, interns, volunteers, subcontlactors,
agents and/or consultants that have direct unsupervised contact with juveniles in djuvenile
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 asc main and
disclose to Juvenile Probation any and all of the foregoing information as to any individual,
whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or
consultant of Service Provider, prior to placing that individual in a position that involves direct
unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. It will not unlawfully discriminate against any employee, prospective employee, child,
childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin.
Service Provider shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assignor subcontract any of its rights, duties and/or obligations arising
out of this Agreement without the prior written consent of Juvenile Probation.
ARTICLE XHI
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no
other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project shall
participate in any decision relating to this Agreement which affects or conflicts with is/her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate a whole or
any part of this Agreement, as it deems appropriate, in any one of the following circ I mstances:
A. If Service Provider fails to perform the work called for by this Agreement withi 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 terns, and
C. In either of these two circumstances after receiving notice of default, Service Pr�vider does
not cure such failure within a period of ten (10) days.
Vot. - Pg. b C2
Page 11 of 17
Contra No.
[Insert Name in Bold o First Page]
[Insert appr riate dates]
14.02 Any default by Service Provider, regardless of whether the default results in terminate n, will
jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may
result in the refund of compensation received under this Agreement.
ARTICLE XV
TERMINATION
15.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the intentio to
terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
ARTICLE 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 Frobation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
ARTICLE XVII
INDEMNIFICATION
17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos ounty and
Juvenile Probation against any and all negligence, liability, loss, costs, claims, or ex ' enses arising
out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents,
servants, or employees arising from activities under this Agreement. Service Provider shall have
no obligation to indemnify and hold harmless Brazos County and Juvenile Probatio for any
act(s) of commission or omission of Brazos County's and Juvenile Probation's agei its, servants,
or employees arising from or related to this Agreement for which a claim or other a tion is made.
ARTICLE XVM
SOVEREIGN IMMUNITY
18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immuni , Title 5 of the
Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties
expressly agree that no provision of this Agreement is in any way intended to constitute a waiver
or any immunities from suit or from liability that Brazos County has by operation of law.
Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XIX
REPRESENTATIONS & WARRANTIES
19.01 Service Provider hereby represents and warrants the following: 3
VOL
ln_ P Z d
Page 12 of 17
Contract No.
[Insert Name in Bold on First Page]
[Insert appr priate dates]
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and
staff certifications to provide the type(s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operation of its business;
and that there are no taxes due and owing to the State of Texas, the County of Brazos , or any
political subdivision thereof;
C. That it carries sufficient insurance to provide protection to Brazos County and J venile
Probation under the indemnity provisions, as well as for any potential liabilities that arise
from or related to this Agreement, that, if requested, it will cause its insurance cairier to
identify the Brazos County Juvenile Probation Department as a certificate holder on its
policy, and will add Brazos County, the Brazos County Juvenile Board and the Brazos
County Juvenile Probation Department as additional insureds on its policy;
D. That all of its employees, interns, volunteers, subcontractors, agents and/or cons ltants that
have contact with juveniles in a juvenile justice facility or juvenile justice progm n will be
properly trained to report allegations or incidents of abuse, neglect, exploitation, death or
serious incidents involving a juvenile under the supervision of Juvenile Probation in
accordance with the requirements of Texas Family Code Chapter 261 and any an plicable
Texas Juvenile Probation Commission administrative rules regarding abuse, net t,
exploitation, death or serious incident; and
E. That, if it has employees, interns, volunteers, subcontractors, agents and/or cons ltants that
have contact with juveniles in a juvenile justice facility or juvenile justice program, then it
shall prominently post in all public and staff areas of any and all of its offfices/fa ilities, 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 Publi Regarding
Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Are lect and
Exploitation.
ARTICLE XX
TEXAS LAW TO APPLY
20.01 This Agreement shall be construed under and in accordance with the laws of the Stale of Texas,
and all obligations of the parties created hereunder are performable in Brazos County, Texas.
ARTICLE XXI
VENUE
21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos C unty, Texas.
ARTICLE XXII
ADDITIONAL TERMS AND AGREEMENTS
22.01 Service Provider will accept only those children confirmed by authorized officers o Juvenile
Probation to be referred for placement in Service Provider's facility.
22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may incl
time away
vot. �_ Pg. ! D
Contra t No.
[Insert Name in Bold on First Page]
[Insert appropriate dates]
from the residential setting of Service Provider, such as weekends and holidays, and at Service
Provider must retain space for the client until his/her return. To this end, Juvenile Probation
agrees to pay Service Provider the full amount due for such regularly scheduled days away from
the residential setting or its program, provided they do not exceed four (4) days perm Dnth per
client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be
authorized for the fast ninety (90) days of placement, or until the completion of the first
Individualized Program Plan Review, whichever comes first, except in only highly unusual
situations. Unoccupied bed space constitutes days away from the facility. Individualized Program
Plans may warrant additional days away from the residential setting if approved in wfiting by
Juvenile Probation; however, any additional days away from the residential setting w 11 not be
charged to Juvenile Probation.
22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment f any
medical or dental needs, by personal payment, health insurance, or Medicaid coverag , as well as
clothing or other expenses not provided for in Service Provider's program.
22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at
its discretion. Service Provider must not release a client to any person or agency oth r than
Juvenile Probation without the express consent of an authorized agent of Juvenile Pr bation.
22.05 Service Provider is under no obligation to accept a client who is deemed inappropriale for
placement in that program.
22.06 Juvenile Probation is under no obligation to place any child with Service Provider.
22.07 Juvenile Probation shall provide a written psychological or psychiatric evaluation. I the battery
of tests included in the evaluation is older than six (6) months prior to admission, a clinical
interview performed within six (6) months prior to admission shall be submitted with an updated
diagnosis and prognosis.
22.08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this
contract for residential services, Service Provider shall notify the school district in which the
facility is located not later than the third day after the date a child is placed in the facility.
22.09 Service Provider shall comply with all applicable federal and state laws and regulati ns, Juvenile
Probation policies, and Texas Juvenile Probation Commission standards pertinent to services
provided under this Agreement.
22.10 Under Section 231.006, Family Code, the vendor or applicant certifies that the indiv dual or
business entity named in this Agreement, bid, or application is not ineligible to receive the
specified grant, loan, or payment and acknowledges that this Agreement may be terminated and
payment may be withheld if this certification is inaccurate.
22.11 Service Provider is hereby notified that state funds are used to pay for services rend red to
Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and
expenditure of all funds received from Juvenile Probation, and shall adhere to Generally
Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds.
ARTICLE XXIII
LEGAL CONSTRUCTION
Vol. -426V Pg._ Jam'
Contra t No.
[Insert Name in Bold First Page]
[Insert appr priate dates]
23.01 In case any one or more of the provisions contained in this Agreement shall for any rl ason 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 Agreem nt shall be
construed as if such invalid, illegal, or unenforceable provision had never been conta ned therein.
ARTICLE XXIV
PRIOR AGREEMENTS SUPERSEDED
24.01 This Agreement constitutes the sole and only Agreement of the parties hereto and su ersedes any
prior understandings or written or oral Agreement between the parties respecting the within
subject matter.
ARTICLE XXV
AMENDMENTS
25.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and spec ify an
effective date thereof. Juvenile Probation will then notify Service Provider in writin dated
subsequent to the date hereof, of such changes and their effective date. Continuatior of services
after the effective date by Service Provider will signify its acceptance of these chanE es. If
Service Provider declines to accept changes made by Juvenile Probation, Service Pr vider may
terminate this Agreement subject to the conditions herein.
ON 3y , 20 I , ;'- Y EXECUTED IN DUPLICATE, EACH OF WHICH
FULL FORCE AND EFFECT OF AN ORIGINAL.
BRAZOS COUNTY JUVENILE BAORD JUDGE RICARDO H. G
REGIONAL JUVENILE
FACILrrY
y
BY' Georgia arr
Chairman Facility Director
Brazos County Juvenile Board
M.
rtment
Vol. llrg. 1 b
Contra t No.
[Insert Name in Bold i n First Page]
[Insert appr ipriate dates]
APPROVED AS TO LEGAL FORM:
M.
[INSERT NAME]
General Counsel
County Juvenile Probation Department
,16� P / -- 0 -7—
Vo[. Paov t4s o f ��
BASIC LEVE]
MODERATE LE`
Vol.
RESOLUTION NO. 5 4 4 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRY , TEXAS
AUTHORIZING APPROVAL OF AN INTERLOCAL AGREEMENT FOR FISCAL AR 2013
BETWEEN THE CITY OF BRYAN AND BRAZOS COUNTY FOR THE HOUSIN OF CITY
OF BRYAN PRISONERS; APPROVING FISCAL YEAR 2013 FUNDING IN NOT TO
EXCEED AMOUNT OF $96,000.00 FOR HOUSING OF CITY OF BRYAN PRISO RS; AND
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRYAN,
WHEREAS, this agreement between the City of Bryan a political subdivision of the State of
Texas and the Brazos County a political subdivision of the State of Texas is made p uant to the
provisions of the Interlocal Cooperation Act V.T.C.A., Government Code Chapter 791; and
WHEREAS, it has been foupd and determined by the Commissioners Court of Brazos County
Texas and by the City Council of the City of Bryan Texas that utilizing one jail facility to serve the law
enforcement agencies of the City of Bryan and Brazos County shall result in increased efficiency and
economy to the Citizens of Brazos County;
WHEREAS, the Brazos County Jail and Its attendant facilities are adequate to
enforcement agencies of both the City of Bryan and Brazos County;
WHEREAS, Brazos County and the City of Bryan have entered into an agreem
Brazos County will house in its County Jail and offer care for prisoners of the City of Bryan;
WHEREAS, the Fiscal Year 2013 cost to the City of Bryan will not exceed
Housing of City of Bryan prisoners; and
WHEREAS, the City of Bryan desires to approve and adopt the existing agreement
County for Fiscal Year 2013.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Bryan
1.
Funding for Fiscal Year 2013 in the not to exceed amount of $96,000.00 for the Housing of
prisoners is approved; and
2.
The Interlocal Agreement between the City of Bryan and Brazos County for the Housing of
prisoners is adopted for twelve (12) months beginning October 1, 2012, through Septem
the law
by which
for the
Brazos
that:
of Bryan
r of Bryan
30, 2013,
Vol. Pg. i 0 9
inclusive. A copy of the Agreement is attached h
reference for all purposes.
This resolution is immediately effective upon passe
ADO ED BY VOTE OF THE CITY COUNCIL
Of S 2012.
ATTEST:
ju uu a�f�
'Mary Lynne StrWk City Secretary
APPROVED AS TO FORM:
?anis K. Hamp�Ci ttorne y
Vol. �'
INTERLOCAL COOPERATIVE AGREEMENT
PROVIDING FOR THE HOUSING OF PRISONERS FROM
THE CITY OF BRYAN, TEXAS IN THE BRAZOS COUNTY JAIL
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement between the City of Bryan, a political subdivision of the State of Texa
County of Brazos, a political subdivision of the State of Texas, is made pursua
provisions of the Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791
and the
to the
WHEREAS, it has been found and determined by the Commissioners' Court of the C 3ounty of
Brazos, Texas, and by the City Council of the City of Bryan, Texas, that utilizing only one jail
facility to serve the law enforcement agencies of the City of Bryan and the County of Brazos
shall result in increased efficiency and economy to the citizens of the County of Brazos;
WHEREAS, the Brazos County Jail and its attendant facilities are adequate enough to serve the
law enforcement agencies of both the City of Bryan and the County of Brazos; and
WHEREAS, the County of Brazos and the City of Bryan desire to enter into an agreement by
which the County of Brazos will house in its County Jail, and offer care for, prisoners o the City
of Bryan according to the terms and conditions as set forth herein;
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits
to the parties herein named, it is agreed as follows, to -wit:
I. PURPOSES OF AGREEMENT
1.01 The purposes of this Agreement are to provide a method whereby prisoners formerly
housed in the City of Bryan jail can be transported directly to the Brazos Co un Jail for
confinement.
1I. TERM OF AGREEMENT
2.01 This Agreement shall commence on the I" day of October 2012, and extend unt
day of September 2013. Thereafter, it will renew annually for three (3) additional
periods unless either party issues notice of intent to terminate as outlined in Section X
Agreement.
the 30"
ne year
' of this
Vol. , &D _� _.__ Pg• l / /
III. DEFINITIONS
3.01 City prisoner as used in this Agreement shall mean (a) a person arrested y a law
enforcement officer for a Class C misdemeanor filed in Municipal Court and held in tl te Brazos
County Jail prior to- the issuance of a jail commitment order by a magistrate, or (b) a person
arrested solely for the violation of a City of Bryan Ordinance which involves the regul ktion of a
purely municipal action.
3.02 State Prisoner means an individual who has been arrested by a law enforcement officer
for a violation of s state statute and held in the Brazos County jail after the issuance of a jail
commitment order by a magistrate.
IV. PROVISION OF JAIL SPACE
4.01 The Sheriff of the County of Brazos agrees to accept the custody of any City prisoner
delivered at the Brazos County Jail by the City of Bryan Police Department provided dot the
prisoner does not require immediate medical attention prior to booking.
4.02 The Sheriff of the County of Brazos agrees to accept City Prisoners who have an injury
or illness after the City of Bryan Police Department has obtained initial medical treatment for
such prisoners, or when a prisoner has refused medical treatment from a medical facility. The
arresting officer shall, prior to booking, furnish Sheriff with reports showing any medical
treatment, or that treatment was offered and refused by the prisoner. Further medical ttention
provisions are outlined in Section VIII herein. 7
4.03 If applicable, the Sheriff of the County of Brazos agrees to give preference an priority
accepting the City of Bryan prisoners pursuant to the County of Brazos' agreements wit various
other political subdivisions of the State regarding housing their inmates.
V. LIABILITY FOR EXPENSES
5.01 The County of Brazos is liable for all expenses incurred while providing the sal
of prisoners confined in the Brazos County Jail pursuant to this Agreement and their
effects, except as otherwise provided in the Agreement.
VI. PRISONER BOOKING AND DOCUMENT MAINTENANCE
6.01 All booking procedures utilized by City of Bryan Police Officers are those e
Brazos County Jail, or those involving changes as imposed by the Brazos County
consideration and mutual agreement of the City of Bryan.
6.02 The Brazos County Sheriff will photograph and fingerprint City prisoners as is a
with other county jail inmates. Photographs and Fingerprints will be maintained as is ci
with other county jail inmates. Copies of fingerprints and photographs are available to
of Bryan Police Department upon request and as available.
in the
' after
City
l ,, 2
Vol. _ — "' Pg. - a
6.03 The City of Bryan assumes responsibility for updating City prisoner records
Texas Department of Public Safety Crime Records Service and Federal Bureau of I
as is consistent with State and Federal policies. The Brazos County Sheriff ensures
reporting to State and Federal entities for State prisoners introduced by the City of I
Department, with copies of "rap" sheets requested on behalf of the City of B
Department.
the
Police
Police
6.04 The Brazos County Sheriff will supply a copy of an arraignment list reflecting City
prisoners remaining in custody and in need of arraignment on each day, excluding weekends and
holidays, by 8:00 a.m. to allow for arraignment scheduling before the City of Bryan Municipal
Court Judge.
6.05 The City of Bryan must comply with Article 17.033 C.C.P. by taking city
before a City of Bryan Municipal Court Judge within 24 hours of a warrantless arrest.
VII. BONDS AND FINES COLLECTION
7.01 The County of Brazos is not responsible for accepting bonds and payment
relating to offenses filed in City of Bryan Municipal Court.
VIII. MEDICAL ATTENTION
8.01 If it is obvious that immediate medical attention is needed by any individual at th
arrest, or while the individual is still in the custody of the arresting officer, the City of
solely responsible for attempting to obtain satisfactory medical attention for such indivic
to such individual being delivered to the Brazos County Jail.
8.02 The County of Brazos agrees to offer all City prisoners which have been booker
Brazos County Jail the same level of medical treatment received by State prisoners fc
medical treatment in the Brazos County Jail Infirmary at no additional cost to the City
The City of Bryan will be advised of any medical problem(s) that a City prisoner may
If a City prisoner develops a major medical problem which requires immediate hospitali
emergency room services, the Brazos County Jail physician will stabilize the patient ai
the extent it is practical to do what is necessary for stabilization prior to transfer, and tb
Bryan Police Department will be notified. However, if the apparent condition of thi
prisoner is such that it appears to the health care provider in the Brazos County Jail Inf
be an emergency and delay could be harmful or possibly life- threatening, it
hospitalization will be deemed necessary and the transfer will be immediate. The City
will be notified as soon as practical under these circumstances; however, the City of
consent for such transfer under these circumstances will be unnecessary and the City
will be responsible for the medical services costs incurred by a City prisoner un
circumstances.
8.03 If any major medical problem of a City prisoner as described in §8.02
determined to have been caused by the act,. omission, and/or negligence of the County
of fines
time of
Aryan is
al prior
into the
routine
' Bryan.
anon or
ected to
City of
patient -
mary to
if Bryan
Bryan's
if Bryan
er such
ereof is
'Brazos,
�� �
Vol. ____� Pg. / /_3
its employees, and/or its agents, then the County of Brazos is solely responsible for pying any
and all medical expenses related to such injury.
IX. RELEASE OF PRISONERS
9.01 City prisoners are not to be released prior to serving their fines, including any credits
allowed by law without the permission of the Municipal Court judge.
X. COSTS
10.01 The'City of Bryan agrees to pay the sum of Forty -Five Dollars ($45.00) per Cit grisoner
or arrestee per day housed in the Brazos County Jail, payable monthly on or about the 5 day of
each month during the term of this Agreement. The County Sheriff will forward tot City of
Bryan Police Chief a documented invoice detailing the payment to which the County f Brazos
is entitled for the previous month. 7
10.02 A prisoner day for the purpose of computing the charges to be paid by the City of Bryan
to the County of Brazos means any period in .excess of four (4) hours within any tw nty-four
(24) hour period beginning at 12:00 midnight of a given day prior to arraignment by a City
Magistrate except for City ordinance violations not represented in State law (such cos shall be
billed until release). Such costs may be audited each August during the term of this A cement
and any subsequent renewal term of the Agreement and will be readjusted (either inc vased or
decreased) each year beginning on October V, based on the previous year's historical di ta on the
actual cost of holding prisoners.
XI. INSPECTION OF BOOKS AND RECORDS
11.01 The .County of Brazos will maintain complete books and records of all City prisoners.
Books and records may be inspected at any time during regular business hours.
11.02 * On or before the one - hundred - twentieth (120` day after the end of the County of
Brazos' fiscal year, the County of Brazos will supply, upon request, the City of Bryan an annual
statement of all applicable bookings received at the Brazos County Jail on behalf of th City of
Bryan during the preceding fiscal year. Such annual statements shall be prepared in su h detail
and on such forms as are determined to be mutually satisfactory to the County of Brazo and the
City of Bryan. The City of Bryan, by written notice to the Brazos County Auditor's O cc, may
request other financial or statistical reports from the County of Brazos from time to time.
11.03 The County of Brazos will keep available for a period of three (3) fiscal years ;1er
each
year of operations, the records of account of County of Brazos -for such year and othetinent
information required by the provisions of this Agreement. Such records of accounll be
accessible during usual business hours to the City of Bryan or its duly authorized nts or
auditors for the purpose of verifying the information set forth in any annual stat nt, as
described herein, or for the purpose of verifying compliance by the County of Brazoth the
terms of this Agreement.
4
voi. 11 Pg•=
11 .04 Upon written notice at any time within three (3) years after the end of any fis
operations, the City of Bryan may cause, without cost to the County of Brazos, an insl
audit to be made of the records of the County of Brazos relating to the operations on
Bryan's behalf. Such audit will be made to determine the correctness of the coml
payments made in the annual statement for the preceding year. If, as a result of such
and audit, it is established that refunds are due the City of Bryan, the County of Br
upon written notice by the City of Bryan, pay such refunds within thirty (30) days of s
and the City of Bryan will do the same if the computation is reverse.
XII. LEGAL RESPONSIBILITY
12.01 The City of Bryan shall be responsible for all suits, claims, damages, losses, or
including reasonable attorney's fees, arising out of the City of Bryan's performanc
performance of the services and duties herein stated, but only in regard to transfer of pr.
the City of Bryan and duties herein assigned to the City of Bryan and specifically exc:
actual incarceration of prisoners by the County of Brazos. The City of Bryan rE
responsibility for each prisoner until that prisoner has been processed into the Brazc
Jail.
12.02 The County of Brazos shall be responsible for all suits, claims, damages,
expenses, including reasonable attorney's fees, arising out of the County of Brazos' pi
or non - performance of the services and duties herein stated, buy only in regard to
holding and incarceration of prisoners by the County of Brazos in the Brazos Coun
specifically excluding the transfer of prisoners to and from the Brazos County Jail.
XIII. OTHER AGREEMENTS
13.01 It is expressly understood and authorized by the approval of this Agreement thi
of Bryan through its Chief of Police and the County of Brazos through its County Sb
enter into a separate agreement or agreements regarding the day to day operation c
prisoners in the Brazos County Jail, so long as the agreements do not conflict
Agreement and do not create additional pecuniary obligations on the part of either par
agreements may include, but are not limited to, booking procedures, identification pi
warrant checks and records keeping.
XIV. TERMINATION
14.01 Each party to this Agreement may terminate it by giving ninety (90) days prio
notice. The County of Brazos shall provide such notice to the City Manager. The City
shall provide such notice to the Brazos County Judge. Such notice of termination shall
by certified mail, return receipt requested, to the appropriate party at the following addre
year of
ion and
City of
tion of
shall,
notice
or non -
mers by
ling the
,ins full
County
and
e actual
Jail and
the City
iff shall
housing
vith the
. These
written
' Bryan
given
Lk 5 -� Vol, —
P . Its
CITY OF BRYAN, TEXAS: BRAZOS COUNTY, T:
City Manager County Judge
P.O. Box 1000 200 S. Texas Ave., Suite
Bryan, Texas 77805 Bryan, Texas 77803
Brazos County Sheriff
1700 State Hwy. 21 West
Bryan, Texas 77803
XV. SAVINGS CLAUSE
15.01 If one or more provisions or terms contained in this Agreement shall, for any re.
held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforc
shall not affect any other provision or term hereof and this Agreement. shall be constru
such invalid, illegal, or unenforceable provision or term had never been contained herein.
APPROVED by Bryan City Council at a regular meeting held on the 1 4 day of
2012.
ATTEST: CITY OF BRYAN:
WA /, `
APPROVED AS TO FORM:
( x--
City Attorney
ROVED Brazos County Commissioners Court at a meeting held on the on %Y
2012.
APPROVED- COUNTY OF
Chris Kirk
Brazos County Sheriff
kah nMcQuien -
Brazos
�i
Duane Peters, County
Bill Ballard
Assistant County Attorney
be
as if
it
pg-
PACE PURCHASING COOPERATIVE
INTERLOCAL AGREEMENT
Member Name: 1 2XD— : tVS Llbta County District Number:
Education Service Center, Region 13 & 20 (Coop) and the above named agency (member) enter
into the following cooperative service arrangement.
This agreement is effective (date) and shall automatically renew
unless either party gives ninety ( ) days prior notice of non - renewal. This agreement may be
terminated with or without cause by either party upon thirty (30) days written notice.
The Coop will:
Handle bidding procedures
Abide by all bid laws in the State of Texas
Enter proposals for tabulation and evaluation
Arrange for an Award Committee to test, evaluate and award proposals
Develop award information forms for member use
Send award information to vendors
Develop system for gathering evaluation information from members on vend Dr
performance and product quality
• Provide comparison information with previous awards to evaluate effectiveness of
proposals
The Member will:
Ensure an approved resolution (if required in member State) to participate in Cooperative is on fil
Coop
Designate a member employee to serve as a liaison with Coop
Provide release time for meetings, proposal openings, and testing assistance
Identify delivery location within Member on purchase orders
Prepare purchase orders for items awarded on proposals
Ensure timely payments to vendors who receive proposal awards
Provide Coop with evaluation forms regarding vendor and product concerns
Authorization:
Education Service Center, Region 13 & 20 and the PACE Purchasing Cooperative exec
contract to provide cooperative purchasing services to government entities.
needed
a
Vol. — - / I PB• � 17
PACE PURCHASING COOPERATIVE
INTERLOCAL AGREEMENT
Member Name: - By�� County District Number:
Please send a signed Interlocal Agreement to (or fax to 210 - 370 - 5776):
Education Service Center, Region 20
Attn: PACE Coop
1314 Hines Ave
San Antonio, TX 78208.
is Entity
BY: BY:
Authorized Signature
Purc
Title Title
Education Service Center, Reg
Authorized Signature
Coordinator
20
c�K12A 1 2—D1 Z
Date Date
Lest 1 ( t u I t t i a -A& Jim Metzger
Contact Person Contact Person
R 7),adrus R 1 "f ' Purchasing Coordinator
Title of Contact Person i Title of Contact Person
S , Tit N ( S LU tt 3 %10- 370 -5204
Street Address Phone Number
Tx _179DJ 210- 370 -5776
City, Sfjte, Zip Fax Number
9 1 — 3 U ( — qA jim.metzeer @e
Phone /Fax Number E -mail Address
IV.) I I iurn,S
E -mail Address
Vol.!�pg. k10
RESOLUTION
WHEREAS, it is the intent of l U W W( L
(Name of Entity)
to join and participate in the PACE, 2013 Purchasing Cooperative, being organized and administered
by the Education Service Center, Region 20 and Education Service Center, Region 13.
WHEREAS, authority for this commitment is authorized by Article 791.0111 Interlocal
Cooperation Act as amended and would allow for substantial savings to be realized b volume
purchasing of specific commodity items.
BE IT RESOLVED, that
(Name of Entity) J
Commissioners Court hereby joins in and elects to participate in the PACE, 2013
Cooperative being organized and administered by the Education Service Center, Region 20 and
Education Service Center, Region 13 and recognizes that there will be no fee for partici
BE IT FURTHER RESOLVED, that L21 L YZN l,U f k- 1
(N ame of Entity)
Commissioners Court hereby authorizes r� (Name and /or Title) to execute
such documents as are appropriate and necessary to implement the Entity's participation in said PACE,
2013 Purchasing Cooperative.
We certify th foregoing is a true and correct copy of the resolution duly adopted by
W
, 6( - Oa us U•.dm , of BY - LAa- I , Texas.
(Name of Entity) J J (City) �^
witness thereof, I /we have hereunto set my /our hand(s) this L3— Y l
► �
AUTHORIZED SIGNATURE:
NAME and TITLE:
AUTHORIZED SIGNATURE:
NAME and TITLE:
In
day of
VOL 169 P 119
Summary Data
AHI - PACE ACCOUNT SETUP FORM
# of ship To Locations: Delivery: Campus: / Warehouse:
Agency Key Contact
Name: 'i t R)fj11 Address: XQS• TfJ4Q IVC 3 5 Z
Phone,111CJ 5&1 c4 Z /City: �. �.�,� Stater,_ / Z 11 gD3
Email: I U )i < < i m—, 6 bYi2�1nLD_ I�t..f_U _�� ®li tle: PSl . Rvtk&Sl N
Day to Day Responsibility
Name: YES NctV6 / Address:
Phone: / City: / State: / Zip:
Email:
Key Accounting Contact
/ Title:
Name: Sa f)CF {ptS RjVi° / Address:
Phone: / City: / State: / Zip:
Email: / Title:
Accounts Pavables: Separate (AP) Departments Yes / No 0
Accounts Pavables Contact 1: SITE NAME:
Name: e lf ~ Q / Address: 2DD6.TE -SLg t 2-
Phone: Q'lq NtI -16 / City: Y / State: /zip: lq90
Email: gl %0VkfJL0 AA@ 'Ald fii&
Accounts Pavables Contact 2: SITE NAME:
Name: / Address:
Phone: / City: / State: / Zip:
Email:
/ Title:
Will you require order approval levels: Yesr�?J / No 0
Do you require Purchase Order Numbers: Yes K / No 0
e
Please Fax Completed Form To (979) 268 -0311
Vol. l Pg.
1 �.�
ix "I
Vol.
Brazos County
Purchasing Department
200 S. TX AVE., SUITE 352 BRYAN, TX 77803
PRONE (979) 3614290 FAX (979) 361 -4293
BRAZOS COUNTY
BID/RFP/RFQ DOCUMENTATION SHEET
The Purchasing Department would like to request Commissioner's Court
and request Bids on the following:
DATE: August 16, 2012
BID NUMBER:
REQUEST FOR PROPOSAL NUMBER: 2013 -10
REQUEST FOR QUALIFICATIONS NUMBER:
TITLE: Collection of Delinquent Fines and Fees
REQUESTING DEP.
APPROVAL SIGNATURE:
DATE APPROVED:
Duane Peters, County Judge
2 '2_
Pg.
to advertise
REQUEST FOR PROPOSAL
COLLECTION OF DELINQUENT CRIMINAL
AND CIVIL FINES AND FEES
BRAZOS COUNTY PURCHASING OFFICE
Brazos County Administration Bldg.
200 South Texas Ave., Ste. 352 Bid
Bryan, Texas 77803
Telephone (979) 361 -4294
Proposals will be received, publicly opened and read aloud at 2:00 p.m., 7
September 11, 2012 in the Brazos County Purchasing Department, Brazos
Administration Building, 200 South Texas Ave.; Ste. 352, Bryan, Texas.
A. SCOPE
Proposals are solicited for Services to Collect Delinquent Criminal and Civil
Costs, Fines, Attorney Fees and Restitution, for a period of two (2) years
option to renew for an additional two (2) year period as in accordance with the fo
Conditions of Submission and Proposal Requirements. The effective date of this
shall begin on October 1, 2012 thru September 30, 2014 It is estimated that I
accounts range between $100.00 to $45,000.00 or more. The volume of account
known at this time.
B. CONDITIONS OF PROPOSING
The following instructions apply to all proposals and become a part of t
conditions of any proposal submitted to Brazos County, unless otherwise
elsewhere in this request. All companies submitting proposals are requii
informed of these Terms and Conditions and will be held responsible for having
1. Definitions: In order to simplify the language throughout this
proposal, the following definitions shall apply:
• BRAZOS COUNTY - Same as County.
• COMMISSIONERS COURT - The elected officials of Brazos
Texas given the authority to exercise such powers and jurisdictic
county business as conferred by the State Constitution and Laws.
• CONTRACT - An agreement between the County and a Sul
furnish supplies and/or services over a designated period of tim(
which repeated purchases are made of the commodity specified.
• CONTRACTOR - The successful candidate(s) of this req
proposal.
• COUNTY - The government of Brazos County, Texas and its au
representative.
a SELECTION COMMITTEE - Representatives from various
offices.
No.2013 -10
1 of 6 pages
Court
ith an
;t due
is not
ns and
iecified
to be
ine so:
est for
:ounty,
iofall
?lier to
during
est for
horized
county
���. ) � �p p /a,3
Proposal Continuation Sheet
BRAZOS COUNTY, TEXAS
Request for Proposal No. ;013 -10
Page 2 of 0 Pages
• SUB - CONTRACTOR - Any contractor hired by the Contractor or
Supplier to furnish materials and services specified in this request for
proposal.
• SUPPLIER - Same as Contractor.
2. By your signature on the attached contract and upon approval by the
Commissioners Court, this proposal and the successful response to this proposal
becomes a part of any working contract between Brazos County 4nd the
successful contractor for the period designated.
3. Proposals must be received by the Purchasing Department prior tote time
specified. The mere fact that the proposal was dispatched will not be
considered; the candidate must have the proposal actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any
submitted, and to waive any technicalities for the best interest of the Cot
5. Brazos County shall not be responsible for any verbal communication between
any employee of the County and any potential candidate. Only written
specifications and written price quotations will be considered.
6. Brazos County reserves the right to reject any proposal that does not fully
to each specified item.
7. Candidates must include Employer Identification Number or Social
Number for the proposal to be valid.
8. Should there be a change in ownership or management, the contract hall be
canceled unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices. This contract is
nontransferable by either party.
9. The County may cancel the contract at any time for any reason, provided a thirty
(30) day written notice is given.
10. Acceptance of services 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 require
11. The successful offeror will be required to enter into a single contract witf. Brazos
County to include all participating agencies as identified in the Scope of this
Proposal. Any variation from the contract terms must be indicated on the
Proposal documents, or on a separate attachment to the Proposal Any
attachments must be clearly labeled as attachments to this Proposal.
Vol. t � Pg. I a 4-
Proposal Continuation Sheet Request for Proposal No. 013 -10
BRAZOS COUNTY, TEXAS Page 3 of 6 Pages
12. Proposals shall be opened so as to avoid disclosure of contents to competing
offerors and kept secret during the process of negotiation. All proposals th t have
been submitted shall be open for public inspection after the contract is awarded,
except for trade secrets and confidential information contained in the proposal and
plainly identified as such.
13. All proposals reasonably susceptible of being selected will be accorded ' and
equal treatment with respect to any opportunity for discussion and revision of
proposals, and revisions may be permitted after submission and before award for
the purpose of obtaining the best and final offers.
14. The general requirements listed are to be interpreted as meaning the ' 'mum
required by the County. The offeror commits to providing services diat are
consistent with the County's general requirements in every regard un ess an
exception is clearly noted. The County may accept a proposal subjec to an
exception if, in the sole judgment of the County, the proposal meets or xceeds
the County's general requirements because of the exception, otherwise the ounty
will consider the proposal non - responsive.
15. Proposal must show full firm name, mailing address, telephone number and be
manually signed by an authorized representative of company submitting bi .
C. PROPOSAL REQUIREMENTS
1. The contractor shall perform all necessary services required to succ ssfully
Collect Delinquent Criminal and Civil Court Costs, Fines, Attorney Fees and
Restitution while ensuring the process is managed in a clear, concise, accurate,
ethical and legal manner. The contractor shall perform these services as described
herein unless the proposer can explain in detail that the deviation woul be of
material benefit to the County and provide service at least equal to that specified.
All work performed shall be conducted according to applicable revisions of the
Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act.
The contractor shall be able to assure the security and safety of all Brazos County
files, documents, computer files, etc. If credit information is required to any
credit bureaus, it will be the resRonsibility of the contractor not the County to
update said reports and make all corrections. No action to an credit bureau ma
be taken without express written approval by Brazos County.
2. The contractor and Brazos County shall mutually establish routine written
procedures, within the scope of these specifications, for handling the ervices
described herein. Such procedures are subject to Brazos County's approva .
3. The contractor shall be licensed and bonded as necessary to collect fines i all 50
states of the United States.
01. Pg.
Proposal Continuation Sheet Request for Proposal No. 013 -10
BRAZOS COUNTY, TEXAS Page 4 of 6 Pages
4. The contractor shall maintain a 1 -800 telephone number for. customer service,
operating from 8:00 a.m. to 5:00 p.m. (CST) and print the 1 -800 number on all
correspondence to defendants. The collection contractor must staff the 1 -800
service with bi- lingual (English and Spanish) customer service representatives, a
minimum of one bilingual operator on duty during business hours.
5. The contractor must have sufficient financial capacity, working capital alid other
financial management resources to perform the contract.
6. The contractor shall maintain adequate records of the services perfo ed and
make such records available for inspection and audit by Brazos County staff at all
times.
7. In the proposal, the contractor must identify any subcontractor and h w that
subcontractor will be used. Any subcontracting will be reviewed to determine the
responsibility of the bidder.
D. EVALUATION PROCESS /GRADING
The proposal award shall be based on, but not necessarily limited to, the fo lowing
factors as stated below:
1. Clarity of proposal and supporting data
10%
2. Proven experience in the field of collection services for delinquent
criminal and civil court costs, fines, attorney fees and restitution
20%
3. Sufficiency of data processing services
10%
4. References from previous/current clients
10%
5. Demonstrated success in meeting collection goals; proven success
shown for at least three jurisdictions for three years
30%
6. Experienced professional staff and sufficient support to handle the job
20%
All offerors reasonably susceptible of being selected based on the above evaluation
criteria may be given an opportunity to make a presentation and /or interview
with
the selection committee. Following all interviews, firms will be ranked in order
of
preference and contract negotiations will begin with the top ranked firm.
E. INSTRUCTIONS FOR RESPONSE
Companies responding to this RFP must follow the instructions below. To achieve a
uniform review process and to obtain a maximum degree of comparability, Brazos
Vol. I � P IQ
Proposal Continuation Sheet
BRAZOS COUNTY, TEXAS
Request for Proposal No. 013 -10
Page 5 of Pages
County requires that proposals be submitted with a master (marked original), copies
and one copy on CD or diskette.
1. Cover Letter Name and address of the offeror, as well as a brief descri tion of
the firm and its history.
2. Executive Summary A brief summary highlighting the most important points
of the proposal.
3. Degree of Compliance A statement that all services quoted in the prop sal are
in full accord with the general requirements or a brief listing of all those
requirements to which the offeror takes exception. All explanations, exceptions,
comments, etc., pertaining to the specific sections of the general requirements,
shall be listed and numbered in order of the respective article of the
specification.
4. Proposal Pricing A statement on pricing should be included confirming
compliance with Article 103.0031 of the Code of Criminal Procedure.
5. Descriptive Literature Illustrative or descriptive literature, brochures,
diagrams, etc., that provide additional information, may be included.
6. Contractor Background Information This section should include a
description of the offeror's experience that Brazos County can use as a basis for
performance evaluation. This section should include:
a.
Documentation of the last three (3) years of prior and current
Debt
Collection contracts, including collection percentages and
how
calculated. Provide names, addresses and telephone numbers of
contact
persons for all prior and current contracts (if more than five (5) contracts,
provide the most recent five (5)).
b.
Evidence of the financial resources necessary to provide the
ervices
outlined in this RFP.
c.
An analysis of estimated results, including the offeror's projected
Effective Collection Rate for the first and second year of the contract.
Effective Collection Rate is calculated as the Net Amount Collected
for a
12 -month period, divided by the Net Delinquent Amount placed
with the
contractor for the same period of time.
d.
A statement as to proposer's willingness to guarantee a level
of
performance and the nature and kind of security supporting the g
arantee
(letter of credit, performance bond, escrow of fees, etc.). Dem
nstrate
knowledge required to design and implement an efficient and effective
account system for collections. Provide a proposed work pan
and
collection procedures including a time line for mailing bivoices,
collection letters and telephone calls (include samples of all written
or
verbal communication to be used in the collection effort).
e.
An organizational chart detailing assignment of personnel including
major responsibilities. Provide resumes for key personnel, ir
cluding
relevant prior experience.
f.
A plan for working with Brazos County to obtain accurate cc
llection
information.
/ — 7
l a
Vol. Pg.
Proposal Continuation Sheet
BRAZOS COUNTY, TEXAS
Request for Proposal No. 4013 -10
Page 6 of 0 Pages
g. Detailed information regarding computer facilities including h
and software to be used in performance of the contract. I
features of the collection software to be used, prior experience N
software and advantages it offers to the specific needs of Brazos (
h. Identify procedures and criteria for recruitment and selectic
separate collection contractor, if applicable. This section should
performance standards and compensation to be paid to the cc
contractor. If offeror chooses not to sub - contract, describe meth
to be utilized in the collection of delinquent accounts.
i. Pricing/payment methodology.
j. Information on your firm's capability with electronic commun
including processing claims over the internet.
k. Samples of forms, invoices, billing statements, monthly reports aj
documentation used or required in the collection process.
1. Submit a proposed sample contract.
F. CERTIFICATION OF PROPOSAL
ware
ith this
of a
,lude
other
The undersigned affirms that they are duly authorized to execute this contract, at this
proposal has not been prepared in collusion with any other candidate and that the contents
of this proposal have not been communicated to any other candidate prior to the official
opening of this proposal.
Signed By:
Title:
Typed Name:
Company Name:
Phone N
Mailing
P. O. Box or Street City State
Employer Identification Number:
Social Security Number:
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF PROPOSAL REQUEST NO. 2013-10
vol. j �p� Pg. / =,?U
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: August 28, 2012
ITEM: Request from Wellborn Special Utility District to construct a 5U' road be
2" water line in the right of way of Paradise Way /Seven Eleven Ranch Subdivisi
service to address number 1303 Paradise Wavy. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION:
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
exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or,
a road bore, perpendicular to the right -of -way line.
• if clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's respoi
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 -1
conducted by an independent geotechnical testing firm; copies of all test results shall be furni!
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 Coi
Streets and Highways, published by the Texas Department of Transportation, and all other E
laws governing utility construction.
• Notification 48 hours prior to beginning work to meet with inspector from Brazos County at pi
SUBMITTED BY:
R. Alan Munger, P.
County Engineer
CC2012 -035
APPROVED BY:
Lloyd Wassermann
Precinct 1
This Requ t s o or Denied 0, by Commissioners' Court
Date:
Duane Peters, County Judge
for
lity easement
in the case of
iility to do so
; test shall be
i to the office
it Devices for
e and Federal
ct site.
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Aug. 22. 2012 8.03AM Wellborn Special Utility Uist. No.77pz r. j
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Formal notice is hereby given that (applicant) `1.��..�,� au &
a (type) r within across,_,. the might -of- -way of (road
in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning of c
order that he, or his designated inspector, may inspect the actual installatio ;
2. All damage to the roadways and rights -of -way will be repaired to their
to the satisfaction of the County Engineer;
I Brazos County reserves the right to require Applicant to relocate or lower
at no cost to Brazos County, should same become necessary due to widen
lowering, or other alteration of the roadway or right -of -way;
4. Brazos County will is no way be responsible for any damage which might
existing utility lines in the right -of -way;
5. The line wiU be constructed and maintained on the County right -of -way in
with the Utility Accommodation Policy which was adopted by the Texas E
Transportation on May 29,1989;
6. The line or lines will be constructed no less than twenty -four inches (24 ")1<
lowest part of the drainage or bar ditch and the drainage is to be considered
feet (2') below the center of the roadway;
7. All sites will be barricaded during the construction period.
Construction of this line will be on or after the?iZday o9 4'kA h 20 2
Firm: Wta
r .y- By:
C; Title:
Address:
k v ORSD
to
of the
in
condition
such line
or
to any
of
er than the
least two
� dun 11� - 7
APPROVED BY CONMSSIONERS' COURT:
Duane Peters, County Judge 1 /_ 22 •��
Brazos County, Texas Vol. Pg.
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: August 28, 2012
ITEM:
21
Fjil
not
Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
PRESENTATION See attached back -up material.
REOUIREMENTS:
• 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 of a road bore,
perpendicular to the right-of-way line.
• If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibilibe 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 ar id Federal laws
governing utility construction.
• Notification 48 hours prior to beginning work to meet with inspector from Brazos County at pro ect site.
• Per phone conversation with Ricky Lancaster at Verizon, bore will be placed at 10' depth below channel
now line.
SUB ED BY:
R. Alan Munger, P.E
County Engineer
CC2012 -034
This Request i o ed or Denied ❑,
Date: - "' i � ..
Duane Peters, County Judge
Sammy Catalena
by Commissioners' Court
Vol. Pg. 1�
verl�n
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
8/3/2012
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 Ic
proposed buried cable line on Andert RD in Brazos County at College
This work is to be completed on Work Order 5435- 3POAOBQ which is sch
8/27/12 If you have any questions concerning this work, please contact Ri
Lancaster at our office in Bryan, telephone 979 -821 -4761 within 15 days
may explain of modify our proposal, otherwise, it is understood that this pr
approved.
Sincerely,
&VW
BRENDA VAJDAK
Supervisor — Network Engineer
JS:ec
Attachment
in of our
ion. Texas.
uled for
that we
osal is
Vol. — 1-6 � pg. /'3 q
VERIZON COMMUNICATION
Notice of
Line Installation
DATE8/03/2012
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will con truct
a communication line within the right -of -way of a County Road in
County, Texas as follows: Beginning approx. 1700 feet from Hwy 21 on An ert
RD Verizon proposes a bore under a creek and private drive for 320 feet and
place 320 feet of two inch P.V.C.. This will remove an aerial insert that do s not
have adequate clearance over the private road and power separation is n met.
The location and description of this line and associated appurtenances s
more fully shown by three (3) copies of drawings attached to this notice. Tie 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 Incorpo
does not constitute a waiver, surrender, abandonment or impairment of an,
property rights, franchise, easement, license, authority, permission, privilec
right now granted by law or may be granted in the future and any provision
provisions so construed shall be null and void.
Construction of this line will begin on or after 08127/2012.
V RIZON COMMUNICATIONS
V
renda Vajdak
Supervisor - Network Engineer
301 Industrial Blvd
Bryan, TX 77803
a�
e or
or
f
von. ,l lv � Pg 135
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Bryan, TX 77808
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conditions or route usability. You assume all risk of use. View Terms of Use
Vol. 7 Pg. _J36
http://www.mapquest.com/print?a- 7/27/2012
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, i
Honorable Duane Peters, County Judge of Brazos County, constituting the
Commissioners' Court of Brazos County, during a regular meeting of said Cou
examined the foregoing report and have caused an order to be entered upon the h
of the Commissioners' Court of Brazos County approving said Report as present
submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos Cou
provided for in the Revised Statutes of the State of Texas. (Texas Local Gove
Code, 114.026)
Q4-4
Witness my hand this �O day of
2012
mreff
County Clerk, Couno of B OS, State
Examined and approved in open Commissioners' Court this day of
C
r
Duane Peters, County Judge
Lloyd Vf/rmann, Commissioner Precinct #I
Commissioner Precinct #2
Kenny Mallard, 4okynissioner inct #3
#4
Treasurer's Report for the MONTH JUNE 2012
AND THE O/E 6/30/12
d the
.ntire
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET
NO. 11/12 44.1- 44.5
On this the 28th day of August 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 l
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 28th day of August 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 unforesleen conditions
which could not be reasonably included in the original budget adopted 20 September 2011,Ithe following
amendment(s) to the original budget are hereby authorized, as described on the attached pages).
ADOPTED AND APPROVED this the 28th day of August 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Afni, / (10 � Pg. 1 *0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 44.1
R12R12012
FUND
DIV
ACCT
PROJ
DR1CR
ACCOUNT NAME
Increase
Decrease
0100
17000100
65050000
CR
Building Maintenance
1,000.00
0100
17000100
71512000
DR
Rental - Uniforms
1,000.00
Building Maintenance
Reallocation of funds to cover uniforms for the remainder of FY 12.
h . ^_., '4 .r_a�� �,• rat wy !'j ��: s. � , . ; '�S'.�:i :i: i.,��7i:'�;.:�;
, %�• ; "
,reparedi By ` ; - .: 3 ;; v:.r,<< 1 - nnm:
8123%201.2;
Vo l. � pg, /�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 44.2
newniwn� w
FUND
0100
0100
DIV
30101100
30101100
ACCT
51100000
51440000
PROJ
DR/CR
CR
DR
ACCOUNT NAME
Sala - Election Official
Sala - Law Enforcement
Increase
,186.00
Decrease
7,186.00
Constable Pct. #1
Reallocation of funds to creation of Acting Agency Head for remainder of FY 12. This Budget Amendment is a correction
approved during Commissioner's Court on August 21, 2012. The amount to be moved from 30101100 - 51100000 to
should be $7,186 to cover for a roll to the end of FY 12.
to BA 43.9,
30101100 - 51440000
�-- >�^ �_. _
77 --... '^11 •, . ---• - 1 Y, "
NP arfinCFO: APpoval:
'P:•repared.-By
": A, 8/23/2Q42
..•.�..,- :.mot +' "s'. « f.i. 'f:. yi.
•' • -F`" •^ t
.1 1 T ' . ' `f. ` .
)' , ";,7 , ..f
lc:ounry :.i va9e.- �PF�S�vo,_
Vol : . l to �P Pg. 14 a
j BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS.
No.' 11/12 - 44.3
FUND
0100
0100
DIV
30101100
30101100
ACCT
61801000 '
6728 0000
PROJ
DR/CR
CR
DR
VIiYIiV .
ACCOUNT NAME
Travel
Equipment Other
Increase
800.00
Decrease
800.00
Constable Pct. #1
Reallocation of funds to purchase a bullet - roof vest.
TM--�-
P =nnm
Vol. l
BRAZOS COUNTY; TEXAS -
BUDGET AMENDMENTS
No. 11112 -44.4
FUND
DIV
ACCT
PROJ
DR/CRJ
ACCOUNT NAME
Increase
Decrease
0100
24201200
61801000
CR
Travel
r 121
331.00
0100
24201200
61060000
- - - -- - -
CR
Bonds
29.00
0100
24201200
61280000
CR
Dues
87.53
0100
24201200
59100000
CR
DDEA
514.47
0100
24201200
60360000
DR
Furniture
331.00
0100
'24201200
60500000
DR
Office Eq uipment
631.00
Justice of the Peace, Pct. #2.2 - Judge Munoz
Reallocation of funds to purchase a table for the front lobby, frames, and metal detector.
voi. 1 � 7_re. )4q .
Pip*
Prepared.
~,.
:Date �
r 121
- �-•
, - -
�._
._ : 8/2k'
- - - -- - -
ty- -udge,Approval':...__�._...
voi. 1 � 7_re. )4q .
BRAZOS COUNTY, TEXAS' -
BUDGET AMENDMENTS
No. 1111 - 44.5
812812012
FUND
DIV
ACCT
ROJ
PROJ
- DRICRI
ACCOUNT NAME
Increase
Decrease
0100
38000100
61680000
CR
Traininp,
56.00
0100
38000100
65350000
DR
Gasoline
56.00
Child Protective Services
Reallocation of funds to cover fuel expense app roved by th e Child Welfare Board.
[5 7 777
Qq P
Vol.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 28, 2012
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change R equests
Department Submitting
Request(s)
Building Maintenance
Martinez, Johnny
New
Constable Pct. 1
Bachmann, Brian
Deceased
Reeves, Jeff
Promotion
County Clerk
Hines, Jaime
Termination
Expo
Mokry, Nicholas
Resignation
Munger, Reid
Resignation
Neveu, Michael
New Hire
Orr, Robert
New Hire
Smith, Ronald
Other
Juvenile
Aguilar, Manuel
State Stipend
Alvarado, Jon
State Stipend
Alvarado, Maria
State
Itipend
Anderson, Shavonda
State
tipend
Ballard, David
Transf
r Win Dept.
Benavidez, Heriberto
State
Stipend
Body, Olivia
State
Stipend
Bowie, Demuntz
State
Stipend
Brooks, Willis
Transfer
Win Dept.
Brooks, Willis
State
Stipend
Brunson, Kristen
State
tipend
Burgess, Howard
Trans
r w /in Dept.
Burgess, Howard
State
Ripend
Butler- McDaniel, Valerie
Trans
er Win Dept.
Butler- McDaniel, Valerie
State
Stipend
Vol. I to (P pg. ) 4(p
Employee Request
Applies To
Action (Requested
Coker, Collin State S
ipend
Criddle, Steven State Stipend
Crist, Stephanie Transfer
w /in Dept.
Crist, Stephanie State S
ipend
Dillon, Jeffrey State S
ipend
Eichinger, Larry State S
ipend
EIIis,Jeremy Transfer
w /in Dept.
Farmer, Christopher State Stipend
Galls, Greg Transfer
w /in Dept.
Galls, Greg State Stipend
Gooden, Shatner State Stipend
Heard, Shenita Transfer
w /in Dept.
Heard, Shenita State S
ipend
Hein, Joel State S
ipend
Hernandez, Charles State S
ipend
Holster, David State Stipend
Hurt, Eric State Stipend
Jackson, Carol Transfer
Win Dept.
Jackson, Carol State Stipend
Johnson, Christena State Stipend
Kasberg, Stacey State Stipend
Kelley, Janice State Stipend
King, Helen State Stipend
Litton, Kalie Transfer
w /in Dept.
Lovett, Cynthia State
tipend
Mable- Toliver, Kami State r
tipend
McDaniel, Demetris State Stipend
McKey, Todd State Stipend
McKey, Victoria Transfer
w /in Dept.
McKey, Victoria State Stipend
Munoz, Patrick State Stipend
Overall, Jena State
tipend
Pennington, Shawn State
tipend
Randall, Ted State
tipend
Reyes Thomas, Christina State Stipend
, & � 1 4'
Vol. Pg.
Ricketson, Linda
Rowe, Victoria
Rucker, Thomas
Rucker, Thomas
Taylor, Jannifer
Thomas, Neshae
Thomas, Neshae
Thompson, Donald
Vance, Doug
Warren, Brittany
Whetstone, Artis
White, Melissa
Wood, JG
S.O Jail Brune, Karl
Cunningham, David
Stubbefield, Nicholas
Approved in Commissioners' Court: August 28 2:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes) 8'
Vol.
State
State
Trans
State
State
Trans
State
State
State
State
State
State
State
Cell All
New H
New H
ipend
Win Dept.
ipend
ipend
Win Dept.
ipend
ipend
nd
nd
nd
nd
nce
09/26/2012 11:32 9797796528
DRC
CONFIDENTIAL
DISPUTE RESOLUTION CENTER- BRAZOS VALI EY
3211 SOUTH TEXAS AVE. STE.A, BRYAN, TE AS
TELEPHONE: (979) 822 -6947 FAX (979) 7796528
FACSIMILE TRANSMITTAL S
PAGE 01/02
TO: FAX NUMBER
Bea 361 - 4176
FROM: EXTENSION NUMBER:
HOWARD BLEEI MAN
DATE: TOTAL NO, OF PAGES INCLUDING COVE
September 26, 2012
If you slid not receive the correct number of pages, or have any questions,
the ARC.
Delivery # 0405207408
Nodc_e:_
Ibis transmission is intended, only for the use of the individual to whom it is addresse
may contain information that is privileged, confidential and exempt from disclosure u
applicable law. If you have received this communication in error, please notify our of
immediately by telephone and ,return the original to the address listed above.
can
I -J I M-1
CONFIDENT�
yol.�pg•
09/26/2012 11:32 9797796528
�r
w
W ES"Ir
Returns -Bldg B
525 Wescott Rd.
Eagan, MN 55123
Date:
Account #
Delivery #
PO #
9/19/2012
1003423691
0405207408
PAGE 02/02
Subscription Notice
This Package Contains:
TX DIG 2D V38 -381) (5 VO )
All pricing Resides on Box 1
Do Not. Remit from this ]document - - - - -- Invoiced Separately
Please contact West Group Customer S e rv ice at I - 800 - 328 -4.890 if you have questions about this
TX DI.G 2D V38 -38D (5
#BZNBCNW #4052 0740 856'
DISPUTE RESOLUTION CTR
BRAZOS COUNTY
BILL THOMAS
3211 A S TEXAS AVE
BRYAN TX 77802
Pg' IMMENWOMIMMUM....
Lisl #: 000100747749
3#
Pallet #:
248
4052074080101001
Brazos County Purchasing Department
Weekly Update
8/16/12 — 8/23/12
Number of PO's Processed: 76
Requisitions Completed: 0
Capital Payments: 4
Projects In Progress
Construction
Courthouse:
Phase III
- Currently working on detention area on 1 floor
o Floor finishes and painting
- Currently working on mechanical yard in courtyard area
o Installing Chillers and generator
- Elevator in progress
• Pouring slab in basement
• Installing framework
Bids/ RFP's/ RFQ's
RFQ for MPO
- Evaluation Resl
RFQ for Surveyor
- Evaluating Resl
RFQ for Tax Office Architect
- Evaluation Resl
Poly Jute
-Dept. reviewing
Inmate Telephone Services
- Evaluating Resl
Employee Insurance
- Evaluating resp
Janitorial and Cleaning Supplies
-Specs in Progre
Mail Services
-Specs in Progre
Collection of Fines and Fees
- Request for adv
Road Signs and Sign Posts
-Specs in Progre
Renewals
Delinquent Property Tax
-In Progress
Furniture Cleaning Contract
- In progress
Lane Striping
-in progress
Culverts
-In Progress
Seal Coat
-In Progress
Indigent Juvenile Defense
-In Progress
ses
) (DYE S �
Vol. P g.
Solicitation of Quotes
Benches for Magistrate Courtroom
AN for Magistrate Courtroom
Other
Auction
- Accepting items at this tirr
Purchasing Policy
- Reviewing and revising pc
Assets
- Working on period 10
Print Management
- 3 month printing analysis
Roof Replacement
- Working on proposal to w
Appliance Policy
- Versions in progress for C
- Currently under review by
Radios for Bailiffs
- Currently working on scop
ACKNOWLEDGED
Duane Peters Date
County Judge
Vol. _�