HomeMy WebLinkAbout2012-09-25-10:00AM-REGULAR SESSIONeft `;Li 21 P 2�
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON SEPTEMBER 25, 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 Judge Peters
2. Call for Citizen input and /or concerns.
3. Presentation(s)
Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1. 2011
through August 31. 2012 & Collection Goals for September 1. 2012 through August 31, 2013.
Consider and take action on agenda items 4 - 33:
4. Resolution # 12 -008 adoption the Brazos County Hazard Mitigation Plan.
5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of one
year, ending on July 31, 2013.
Cita republicanos y democratas Para Juez Presidente y Magistrado suplente Por un perfodo de un ano,
hasta el 31 de iulfo de 2013.
6. Payment Authorization to Weatherford Artificial Lift Systems. Inc. in the amount of $29.154.38 for an ad
valorem tax refund.
7. Funding Agreement with the Dispute Resolution Center - Central Brazos Valley. Inc. for FY 2012.
8. Funding Agreement with the Arts Council of Brazos Valley for FY 2013.
9. Funding Agreement with Keep Brazos Beautiful. Inc. for FY 2013.
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BRAZOS COUNTY
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10. Funding Agreement with the Brazos Valley Food Bank. Inc. for FY 2 013.
11 . Funding Agreement with the Brazos County Historical Commission for FY 2013.
12. Funding Agreement with Research Valley Partnership Inc. for FY 2013.
13. Funding Agreement with the Sexual Assault Resource Center for FY 2013.
14. Funding Agreement with the Brazos Valley Veterans Memorial for FY 2 013.
15. Funding Agreement with Texas A &M University for the benefit of Easterwood Airport for FY 2013.
16. Funding Agreement with the District Two Volunteer Fire Department Inc. for FY 2013.
17. Contract with 4M Youth Services Inc d b a Rockdale Regional Juvenile Justice Center for sec ure short-
term detention services: term of agreement is 9/01/2012 through 8/31/20
18 . Contract with Woodward Youth Coporation d.b.a Woodward Academy for reside services for
juveniles.
19 . Contract with Clarinda Youth Coporation d b a Clarinda Academy for residential service for juveniles.
20. Contract with Turning Point Children's Social Services for residential services fo j uveniles.
21. Contract with Father Flanagan's Boys Home for residential services for ju veniles.
22. Second Renewal to Lease with Southwood West for office space for Constab P recinct 1.
23. Renewal of contract for Legal Representation for Indigent Juvenile with Gendron a T hibodeaux.
24. Renewal of Bid Contract 2013 -06R. Culverts as follows
• a. Steel andAluminum Culverts - Contach Construction Products
• b Concrete Culverts - Hanson pipe and Precast
25. Renewal of Bid Contract 2013 -07R Seal Coat with F.N. Ploch.
26. Award Contract for Mail Services to Delucja Mail Services.
27. Consider and take action on the Final Plat of River Place Subdivision Phase Two Lot 15R Block 1
M-I.. c AA A.. -- T.....s 1.,.......
28.
29.
30. Consider and possible action regarding a Burn Ban.
31. Budget Amendments.
Budget Amendmen FY 11/12 48.1 thru 48.6
32. Personnel Change of Status.
Personnel Action Forms
33. Payment of Claims.
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34. Acknowledgement of the Brazos County Purchasing Department Update for September 14 - 20, 2012a
35. Sheriff's report on inmate population.
36. Announcement of interest items and possible future agenda topics.
37. Call for Citizen input and /or concerns.
38. Adjourn.
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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.
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BRYAN,TEXAS
MINUTES
September 25, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
MI Signature Paae.pdf
0 File Stamped Agenda.pdf
Sian in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, September 25, 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.
1. Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Judge Peters
2. Call for Citizen input and /or concerns.
Michelle Meade, Assistant Emergency Management Director informed the Court that the
KBD index was at 657. She said it was ok for now but that it would need to be looked at
again at the next week's meeting.
08
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3. Presentation(s)
Presentation regarding Delinquent Property Tax Collection Activity for the period of
September 1, 2011 through August 31, 2012 & Collection Goals for September 1,
2012 through August 31, 2013.
Mr. Shelburne Veselka introduced Mr. Keith Treadway to the court who will be working
with the Tax Assessor /Collector to collect delinquent taxes. The Court then heard a
presentation of the quarterly delinquent tax report presented by Mr. Veselka,
representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law.
Commissioner Cauley thanked Mr. Veselka for his support of the Brazos Valley Fair and
sponsoring the Gospel Fest.
Consider and take action on agenda items 4 - 33:
4. Resolution # 12 -008 adoption the Brazos County Hazard Mitigation Plan.
Item 4.odf
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters ,
Wassermann .
5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a
period of one year, ending on July 31, 2013.
Item 5.odf
Cita republicanos y demdcratas para Juez Presidente y Magistrado suplente por un
periodo de un ano, hasta el 31 de julio de 2013.
A copy is attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
6. Payment Authorization to Weatherford Artificial Lift Systems, Inc. in the amount of
$29,154.38 for an ad valorem tax refund.
Item 6.pdf
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters , Wassermann .
7. Funding Agreement with the Dispute Resolution Center - Central Brazos Valley, Inc. for
FY 2012.
10 Item 7.odf
Brazos County will fund the Dispute Resolution Center - Central Brazos Valley, Inc. in the
amount of $7,500. In return the Center will provide a maximum of four (4) separate
mediation sessions to the Commissioner Court or designated department or offices of
Brazos County during the term of the Agreement. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann .
8. Funding Agreement with the Arts Council of Brazos Valley for FY 2013.
Item 8.)d
Vol. ? b 7 p I 0 1
Brazos County will fund the Arts Council of Brazos Valley in the amount of $8,000. In
return the Arts Council will provide assistance to local arts organizations of the county
through funding support, advocacy, outreach, marketing and partnership building during
the term of the Agreement. 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 .
9. Funding Agreement with Keep Brazos Beautiful, Inc. for FY 2013.
0-- Item 9.odf
Brazos County will fund Keep Brazos Beautiful, Inc. in the amount of $15,000. In return
Keep Brazos Beautiful will provide environmental education programs that educate and
engage Brazos County citizens to keep the community clean, green and beautiful by
preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste,
beautifying and improving the surroundings during the term of the Agreement. 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 .
10. Funding Agreement with the Brazos Valley Food Bank, Inc. for FY 2013.
0 Item 10.Ddf
Brazos County will fund the Brazos Valley Food Bank, Inc. in the amount of $7,700. In
return the Food Bank will acquire and distribute food through other nonprofit agencies to
moderate and low income persons who are food insecure and at risk of hunger and
malnutrition during the term of the Agreement. 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 .
11. Funding Agreement with the Brazos County Historical Commission for FY 2013.
ID Item 11.odf
Brazos County will fund the Brazos County Historical Commission in the amount of
$5,000. In return the Center will work co- operatively with the Brazos County
Commissioners Court, THC, local governments, local non - profit organizations and
individual citizens to preserve Brazos County's heritage for the use, education,
enjoyment and economic benefit of present and future generations during the term of the
Agreement. 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 .
12. Funding Agreement with Research Valley Partnership, Inc. for FY 2013.
0 Item 12.pdf
Brazos County will fund the Research Valley Partnership Inc. (RVP) as stated in the
attached agreement. In return the RVP will provide all administrative services necessary
to administer Brazos County's economic development program during the term of the
Agreement.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
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Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
13. Funding Agreement with the Sexual Assault Resource Center for FY 2013.
lb Item 13.pdf
Brazos County will fund the Brazos County Rape Crisis Center, Inc. dba Sexual Assault
Resource Center in the amount of $17,500. In return the Center will provide services to
victims of sexual assault and their families during the term of the Agreement. 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. Funding Agreement with the Brazos Valley Veterans Memorial for FY 2013.
Item 14.pdf
Brazos County will fund the Brazos Valley Veterans Memorial (BVVM) in the amount of
$25,000. In return the BVVM Center will provide a public art memorial for residents and
non - residents of Brazos County to have a dignified place of recognition for the service
and sacrifices made while in the uniformed services during the term of the Agreement.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
15.
Item 15.pdf
Funding Agreement with Texas A &M University for the benefit of Easterwood Airport for
FY 2013. 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. Funding Agreement with the District Two Volunteer Fire Department, Inc. for FY 2013.
ED Item 16.pdf
Brazos County will fund the District Two Volunteer Fire Department, Inc. in the amount of
$29,000. In return the Department will provide fire protection to an area of Brazos
County that is located outside the municipalities during the term of the Agreement. A
copy 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 .
17. Contract with 4M Youth Services Inc. d.b.a Rockdale Regional Juvenile Justice Center
for secure short -term detention services; term of agreement is 9/01/2012 through
8/31/2014.
t0- Item 17.pdf
Cost to Brazos County is as follows:
$95 per day /per child
$200 per psychiatric evaluation
$100 per follow -up exam
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Bill Jeanes stated that agenda items 17 -21 are lacking in insurance even though
a hold harmless clause is included. He would recommend more insurance. Colin Coker
from Juvenile Services said that he will work to do what the Court requests, but this is
the normal contract and it will probably be difficult to negotiate the facilities carrying
additional insurance. Term of the agreement is for 24 months, commencing on
September 1, 2012 and ending August 31, 2014. 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 .
18. Contract with Woodward Youth Coporation d.b.a Woodward Academy for residential
services for juveniles.
LID Item 18.odf
Cost to Brazos County is as follows;
Basic Level $42.18 per day /per child
Moderate Level $96.17 per day /per child
Specialized Level $138.25 per day /per child
Intense Level $242.85 per day /per child
Emergency Shelter $115.44 per day /per child
Term of the agreement is for 12 months, commencing on September 1, 2012 and ending
August 31, 2013. A copy 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 .
19. Contract with Clarinda Youth Coporation d.b.a Clarinda Academy for residential services
for juveniles.
0. Item 19.odf
Cost to Brazos County is as follows;
Basic Level $42.18 per day /per child
Moderate Level $96.17 per day /per child
Specialized Level $138.25 per day /per child
Intense Level $242.85 per day /per child
Emergency Shelter $115.44 per day /per child
Term of the agreement is for 12 months, commencing on September 1, 2012 and ending
August 31, 2013. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters ,
Wassermann .
20. Contract with Turning Point Children's Social Services for residential services for
juveniles.
Item 20.Ddf
Cost to Brazos County is as follows;
Basic Level $42.18 per day /per child
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Moderate Level $96.17 per day /per child
Specialized Level $138.25 per day /per child
Intense Level $242.85 per day /per child
Emergency Shelter $115.44 per day /per child
Term of the agreement is for 12 months, commencing on September 1, 2012 and ending
August 31, 2013. 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 .
21. Contract with Father Flanagan's Boys Home for residential services for juveniles.
1 Item 21.odf
Cost to Brazos County is as follows;
Family Home Services $138.25 per day /per child
Enhanced Family Home Services $180.00 per day /per child
Medical, Dental, Pharmacy, Optometry any Therapeutic care that exceeds the $5,000
annual maximum will be the financial responsibility of Brazos County
Term of the agreement is from date of execution and ending July 31, 2014. 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 .
22. Second Renewal to Lease with Southwood West for office space for Constable, Precinct
1.
0 Item 22.pdf
The rental amount of $2,213.50 per month approved is incorrect. An amended lease for
the amount of $1,650 per month will be on the agenda for consideration on October 2,
2012.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
23. Renewal of contract for Legal Representation for Indigent Juvenile with Gendron and
Thibodeaux.
DO Item 23.pdf
All terms, conditions and pricing shall remain the same. Patrick Gendron, representative
of Thibodeaux & Gendron stated that this was the 12th contract renewal and that his
firm had saved Brazos County approximately $1 million dollars over the course of time.
This is partially possible because of the District Attorney's open door policy and the non
cumbersome process in Brazos County. He said that Thibodeaux and Gendron thank the
Court and are happy to do business with Brazos County. The County Judge
complimented Thibodeaux & Gendron on their fine service.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
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24. Renewal of Bid Contract 2013 -06R, Culverts as followsa. Steel andAluminum Culverts -
Contach Construction Productsb. Concrete Culverts - Hanson pipe and Precast
Item 24.i)df
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
25. Renewal of Bid Contract 2013 -07R, Seal Coat with F.N. Ploch.
Item 25.odf
All terms, conditions and pricing shall remain the same. Commissioner Mallard
suggested that the residents be notified when the seal coating begins or road signs be
used. Alan Munger, County Engineer stated that the process is very quick and signs are
not a reasonable idea. Seal coat information is on the website.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
26. Award Contract for Mail Services to Delucia Mail Services.
Item 26.pdf
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
27.
10 Item 27.odf
Consider and take action on the Final Plat of River Place Subdivision Phase Two, Lot
15R, Block 1 being a Replat of River Place Subdivision Phase Two Lots 14A & 15, Block
1, 6.40 Acre Tract, James Hope Survey, A -22, (College Station ETJ) Brazos County,
Texas. Site is located in Precinct 1. Accepted 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 .
28. Request permission to enter private property owned by Geraldine Sprague located on
South Dowling Road. Project will collect survey information along Hopes Creek Tributary
for drainage study. This work is being performed for the health, safety and welfare of the
general public. Site is located in Precinct 1.
0 Item 28.pdf
Accepted as submitted with the stipulation that the access is granted for surveying
purposes and not maintenance purposes.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
29. Request permission to enter private property owned by Elsie Dressen located on Andert
Road for the purpose of cleaning and re- shaping drainage channel to improve flow. This
work is being performed for the health, safety and welfare of the general public. Site is
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located in Precinct 2.
Item 29.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
30. Consider and possible action regarding a Burn Ban.
Michelle Meade, Assistant Emergency Management Director recommended that
consideration of the burn ban be tabled.
Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
31. Budget Amendments.
Budget Amendments FY 11 /12 48.1 thru 48.6
Item 31.pdf
48.1 Reallocate funds for Constable Precinct 1
48.2 Transfer funds from General Fund Contingency to Court Support Civil
48.3 Transfer funds from Non Departmental to SO -Jail
48.4 Transfer funds from Grant Fund to General Fund Contingency
48.5 Transfer from General Fund Contingency to Community Supervision- Support
48.6 Transfer from General Fund Contingency to Non Departmental and Community
Supervision - Support
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters , Wassermann .
32. Personnel Change of Status.
Personnel Action Forms
Item 32.pdf
A copy of the personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
33. Payment of Claims.
Om Claims Sheet.pdf
0 BILL LIST 09.25.12.pdf
7102403 through 7102685
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
34. Acknowledgement of the Brazos County Purchasing Department Update for September
14 - 20, 2012.
tA Item 34.pdf
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The Court acknowledged receipt of the Purchasing Department Weekly Update.
35. Sheriff's report on inmate population.
Chief Deputy Mike Wilson stated there were 557 inmates in jail and 51 have electronic
monitors.
36. Announcement of interest items and possible future agenda topics.
There were announcements.
37. Call for Citizen input and /or concerns.
There was no citizen input.
38. Adjourn.
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Vol.
The foregoing minutes of the Commissioners Court meeting held September 25. 2012
have been examined and are approved in open Court this 4,h day of
2012, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Vhssermann
County Judge Commissioner, Precinct 1
4Z W %,! /�
tgOmy Commissio r, Precinct 2
Kenny Mallard
Commissioner, P cinct 3
Attest:
C
aren McQueen
County Clerk
Vol 1 (o) Page — J 11
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Resolution
Adoption of the Brazos County Hazard Mitigation Plan
WHEREAS Brazos County has experienced severe damage from floods, hurricanes, wildfires, droughts,
severe winter storms, and tornadoes on many occasions in the past century resulting in loss of
life, property, economic hardship, and threats to public safety, health and security, and;
WHEREAS the Brazos County Hazard Mitigation Plan has been significantly updated within the past year
with input from the local jurisdictions within Brazos County including a number of
professionals and community members, and;
WHEREAS the Brazos County Hazard Mitigation Plan recommends many hazard mitigation actions that
will protect the people and property affected by natural hazards that impact the county, and;
WHEREAS public meetings were held as required by law to review the Brazos County Hazard Mitigation
Plan, mitigation actions, and the hazards profiled;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISIONERS' COURT OF BRAZOS
COUNTY:
1. That the Brazos Valley Hazard Mitigation Plan is hereby adopted as the official mitigation plan for Brazos
County.
2. That this resolution is effective upon its adoption.
PASSED AND APPROVED ' day of S 12.
Duane Peters ^
County Judge / , r
CommAsioner Lloyd Wassermann
Precinct 1
Commission enny Mall
Preciirct 3
12 -008
Vol - -------- 9V7 i ao
Pg-
_j7ommissiAer Sammy Catalena
.
Prescribed by Secretary of State
Section 32.002 (d), V.T.C.A., Election Code 8/07
I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment
as presiding judge and alternate judge for elections, conducted by the county as required upon receipt of timely list(s)
submitted by the appropriate political,party chairs or as recommended by me if no list(s) were;submitted timely by
party chairs. The'appointment will be a I . year term, ending on July 31, 2013.
Yo,.Karen McQueen, Escribiente:del Condado, del condado de Brazos.someto por este medio para nombrar
las personas siguientes coma juez de presidencia y juez alterno par alas. elecciones conducidas por el cndado como
requerido, segwt el recibo de las listas oportunas sometidas por las sillas politicas apropiadas del partido a seg4n to
recomendado por mi si no hay list(s oportunas sometidas al /ado de las sillas del partido. La cita sera un termino de I
ono, terminando el 31 de Julio de 2013.
Precinct No.
No. del recinto
Presiding Judge
Juez de presidencia
Alternate Judge
Juez alterno
16/52.
Raul Pendas — R
17
Murrey. Bennett — R
40
Tom Roraff — D
65/2/50/51/71/32 /82/83/69
70/67
1
Kyle Walker -D
Ann Weaver Had — D
Issued this th of(� r 2012.
Emitado este ilia de de 2012.,
APP D:
cane Peters, Brazos County Judge
Juez del Condado de Brazos
VOL pg, �
89/18/2812 09:21 9797796528 ' "�', DRC PAGE 82/82
AGREEMENT
THIS AGE ( "Agreemane) made this Z54 day of se KhE - Q r 2012 by and
between the DLSPUTB RESOLUTION CENTER - CENTRAL BRAZOS VALLEY, INC. hereafter
refamd to as "DRC" and the BRAZOS COUNTY COM1VlYSSI0NERS,COURT, hereafter referred, to
as the "Commissioners Court," is made on the following - terms and conditions:
I. 'This Agreement is for one year and shall begin on the first day of October, 2011 and continue
through the last day of September, 2012.
2. For and in consideration of the sum oh ,Scr o_ to be paid in one single payment o S o0
the DRC agrees to perfond the following services:
• The DRC agrees to provide a maximum of four (4) separate mediation sessions to the
Commissioners Court or designated department or offices of Brazos County during the
term -of this Agreement. A mediation session is defined as a $ession of not sore ,than three
(3) hours supavised by a trained mediator. In addition the DRC agrees to train (1)'BraWs
County employee in each regular or family law mediation training offered by the DRC,
without cost to Brazos County or the employee.
• For each mediation session scheduled under the tennis of this Agreement; the DRC will
provide a location to hold the mediation, preferably in its offices located at 3211 A South
Texas Ave., B*%n, Texas, or at such other convenient location which fright be available.
For any such mediation session held away from the DRC offices, the DRC shall be
reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC
may at its. discretion, provide additional sessions- without• charge to Brazos County on a
limited basis. Except as other wise stated, any additional sessions that may be required,
will be .compensated for- by the Commissioners Court at the regular rate for scheduled
mediations as' adopted by the DRC.
3. The , purpose of this agreement is to make the services of the DRC available to the
Commissioners Court and to the employees of Brazos County in such ,instances where the
services may be of benefit to Brazos or,its employees.
4. The DRC shall Aimish to the County Auditor, at a minimum, documentation indicating the use of
flmds received Brom Brazos County. The County Auditor may require the DRC to provide
information necessary for the County Auditor to properly account for all 'lands expended or
received by the entity.
S. This Agreement i8 executed .in and perfa ed in Brazos County., Texas.
6. This Agreement is subject to the Public lnf mnation Act, TEX. GO VT CODE ANN., Chapter 552.
BRAZO DISPUTE RESOLUTION CENTER-
CENTRAL BRAZOS ALLEY
.. . ' Duane Peters, Brazos, County Judge
Vol. g'
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
ARTS COUNCIL OF BRAZOS VALLEY
THIS AGREEMENT FOR THE FUNDING ( "Agreement ") is made and entered into by
and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered
by the State of Texas, acting by and through its duly authorized' agent(s) and officer(s),
hereinafter referred to as ( "ACBV "), and Brazos County acting by and through its
Commissioners Court, duly authorized to act, hereinafter referred to as ( "County ").
RECITALS:
WHEREAS, County finds a public purpose in creating awareness of the fine arts among
members of the public; and
WHEREAS, ACBV provides assistance to local arts organizations of the County through
funding support,. advocacy, outreach, marketing and partnership building; and
WHEREAS, ACBV provides programs involving education, cultural enrichment and
heritage preservation of and for Brazos County residents and visitors; and
WHEREAS, ACBV provides educational programs and opportunities to children, youth,
adults and seniors through providing arts related programs, scholarships for young people,
assisting County arts organizations in the development and institution of said educational
programs; and
WHEREAS,..ACBV fosters creative learning, community involvement, quality of life and
tourism through said above listed programs.and activities; and
WHEREAS, ACBV provides and maintains a public cultural facility and provides funding
to member organizations, in part, for facilities acquisition and upkeep; and
WHEREAS, ACBV through its funding programs has provided benefit to Brazos County,
Texas through programs attracting over 100,000 participants, and resulting in significant
purchases of,goods and services from Brazos County, Texas merchants; and
Arts Council of Braves Valley Agreement Page 1 of S
P .
Vol. g
'WHEREAS, ACBV has provided funding to assist local performing, visual, educational
and literary arts groups, (collectively "Services').
NOW, THEREFORE, COUNTY and. ACBV'hereby agree as follows:
AGREEMENT
ACBV through its programs, funding and support of member organizations agrees to
provide the above enumerated services, which it has provided' and agrees to continue to provide
in support of arts, cultural and heritage. organizations.
II.
County, for and in consideration of the services provided to County, hereby agrees to
pay to ACBV a total payment of 8 0$ 00.00 ( "Funds ") for the year beginning October 1, 2012
and ending September 30,2013. Payment of such sum. will be paid upon receipt of invoice.
III.
ACBV agrees to provide an annual, account of how the Funds were spent to meet'the
above described services. -ACBV agrees to furnish any information requested by the County
Auditor, including documentation of the use of funds received from the .County.
IV.
ACCOUNTING AND AUDIT
ACBV agrees that County, or'its designated representative, shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of this
Agreement. ACBV agrees to maintain such records for possible audit fora minimum of three (3)
years after the termination date of this.Agreement, unless a longer period of records retention is
stipulated. ACBV agrees to. - allow the auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have information related
to such records. ACBV agrees that County, or its designated representative, shall further have
the right to review and to copy any records and supporting documentation for prior years in
which County provided funds to the ACBV under prior Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an independent
financial audit be performed on the records of ACBV. If an independent financial audit. is
performed, a. management letter will be prepared by the auditor as part of the process and a
copy of said management letter shall be, delivered to the'Brazos County Commissioners Court.
Aris Council of Brazos Valley Agreement Page 2 o f s
P g .
Vol.
The management letter shall identify issues that might not otherwise require disciosure 'in the
ACBV annual financial report, but which are of concern to or under the suggestion of the
auditor. if the Brazos County Commissioners Court determines that the audit will be conducted
by an independent third party, all costs and expenses associated with said audit will be solely
paid for by the ACBV.
Annual .financial statements (audited if available) are .due to County within six (6) months of
completion.
V.
RECORD RETENTION
The ACBV shall be responsible for record keeping. on all services provided and agrees
to maintain and make available for inspection by the County upon request consistent with
Federal: and State law, any and all records the County determines, in its sole discretion, to be
necessary for the Court to justify its continued participation in supporting the ACBV with funding.
Such records shall be retained for at least three (3) years from the date the service was
provided. These records shall be made available for.inspection and audit by the County, if it.so
desires.
V.I.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless
from and against all suits, claims, demands, liabilities or actions resulting or alleged to result
from the breach, violation or non'-performance of the services stated herein and for any damage
to any person resulting from any action or omission or negligence on the part of each party
hereto.
VII.
INSURANCE
The parties hereto agree that the ACBV shall be an independent contractor and not any
employee or agent of the County and that each shall maintain at its own expense, ,adequate
Arts Council of Bra=os Valley Agreement
Page 3 of S
Vol.
liability insurance to insure against damages and liabilities which may arise due to the duties
and.obligations funded herein..
VIII.
COUNTY INVOLVEMENT
The County and ACBV state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function. or .responsibility in connection with the
carrying out of this Agreement or the services to which it relates has personal interest director
indirect, in this Agreement.
IX.
GOVERNING LAW
This Agreement shall be executed in and. shall be governed by the laws of the State of
Texas.
X.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given 'by
.delivering such notice or by mailing it, certified mail RRR .to the other party at the following
addresses:
Arts Council of'BrazosValley
2275 Dartmouth Street
College Station, Texas 77840
Brazos County Commissioners Court
200 So: Texas Ave. No. 310
Bryan, Texas 77803
XL
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Agreement.
Arts Council of Bra:os Valley Agreement
Page 4 of S
�. 67 pg
•
be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability
In the event that any of the provisions or portions thereof, of this Agreement, are held to
of the remaining provisions or portions thereof shall not be affected thereby.
XIII.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations, agreements,
arrangements, or understanding„ oral or written, between or among the parties hereto, relating
to the subject matter of the Agreements, which are not fully expressed herein.
XIV.
ASSIGNABILITY
This Agreement is not assignable by the ACBV without the prior written consent of the
County.
h
�
WITNESS OUR HANDS thisZ ,day of 2012.
N r ,
Arts CoWcil of
Valley, Inc
Brazos County, Texas
By: Uk-AL,
Peters, .County Judge
M
xu.
SEVERABILITY
Director
By:
XaRrVftinson, President
Page 5'6f 5
Arts Council pf Braws Valley Agreement
Attest: G� ( dy` `
Karen McQueen, County Clerk
_�a - ' " /' .
Vol. pg 1 J17
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
KEEP BRAZOS BEAUTIFUL, .INC.
This Agreement for Funding is by and between Brazos County, hereinafter referred to as
( "County ") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ( "Keep Brazos
Beautiful ") a non -profit organization ( "Agreement ").
RECITALS
WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization
dedicated to contributing to. the .economic vitality, safety, health and quality of life in Brazos
County through programs ;that .educate and engage Brazos County citizens to keep our
community clean, green, and'beautiful, by preventing and cleaning up litter and illegal dump sites,
recycling, minimizing waste," beautifying and improving their surroundings; and
WHEREAS, the Brazos Count Commissioners Court is authorized to spend money from
the County general revenues for public health and sanitation;, and
and
WHEREAS, the prevention of public or private litter serves. to the public health;
WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose.
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and
acknowledged herein, the parties agree as follows:
AGREEMENT
Keep Brazos Beautiful shall provide services to the County as follows:
A. Assist in training area youth and adults in area schools, museums civic clubs, etc..
on the importance of litter prevention, recycling, reuse, and buying recycled
products, conservation -of resources, the proper care and planting of trees and
maintain a. lending library to assist in teaching about a variety of environmental
issues.
B.
Provide .positive environmental leadership and volunteer opportunities to Brazos
County youth and adults.
C. The Executive Director shall serve on the Solid Waste Advisory Committee of the
Brazos Valley Council of Governments to promote environmentally sound waste
management practices in the Brazos Valley.
D. Perform an annual "Litter Index" survey of the County and provide the scores to the
Commissioners' Court.
E. Organize volunteers to assist in cleaning litter and: illegal dump sites each spring
throughout County. Act as an information .resource to citizens, law enforcement
Keep Brazos Beawol Agreement Page I of 3
, ;ti
9.
officials, prosecutors and the Commissioners Court about issues relating to litter
and illegal dumping in Brazos County.
F. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County.
G. Promote a "Memorial TREES Program to plant trees in the County and host an
annual Arbor Day Celebration.
H. Plant wild flower seeds along public roadways in the County.
I. Educate the community on the need to recycle and to buy recycled products
through the use displays, public speaking engagements, and the 'Texas Recycle
Day" events.
J. Act as a clearing house for information for area residents on recycling and provide
information concerning Citizen Collection Stations in rural areas of the County as
requested.
K. Assist in the publicity for the yearly Christmas tree, telephone book recycling and
household hazardous waste collection events.
L. Provide positive reinforcement through a variety of award programs such as the
Business and .Residential Beautification Awards, Miller Youth Award, and Annual
Environmental Awards.
1. Keep Brazos Beautiful will be funded by the County in the amount of $15,000.00 for the
term of this agreement.
2. This Agreement shall be for a term of twelve ('12) months commencing on the I"
day of October, 2012, and terminating on the 30 day of September, 2013.
3. Keep Brazos Beautiful agrees that County, or its designated representative, shall have
the right to review and to copy any records -and supporting documentation pertaining to
the performance of this Agreement. Keep Brazos Beautiful agrees to maintain such
records for possible audit for a minimum of three (3) years after the termination date of
this Agreement, unless a longer period of records retention is stipulated. Keep Brazos
Beautiful agrees to allow the auditor(s) access to such records during normal business
hour, and to allow interviews of any employees who might reasonably have information
related to such records. Keep Brazos Beautiful agrees that County, or its designated
representative, shall .further have the right to review and to copy any records and
supporting documentation for prior years in which County provided funds to the Keep
Brazos Beautiful under prior Agreements.
4. Brazos County Commissioners Court may, in its sole discretion, require that an
.independent financial audit be performed on the records of Keep Brazos Beautiful. If an
independent financial audit is performed, a management letter will be prepared by the
auditor as part of the process and a copy of said management letter shall be delivered to
the Brazos County Commissioners Court. The ,management letter shall identify issues
that might not otherwise require disclosure in the Keep. Brazos Beautiful annual financial
report, but which are of concern to or under the suggestion of the auditor. If the Brazos
Keep Br=s.Bewdful'Agreement Page 2 of 3
col. -7 Pg.- 1 C)
County Commissioners Court determines that the audit will be conducted by an
independ third party, all costs and expenses associated' with said audit will be solely
paid' for by the Keep Brazos Beautiful.
5. Annual financial statements (audited if available) are due to County within six (6) months
of completion.
6. Keep Brazos Beautifui shall submit a financial statement to the County annually.
7. All notices required or permitted hereunder shall be in writing and addressed to the
respective officer of the other party at the address described below or at such other
address as. the receiving party may have theretofore,.prescribed by notice to the sending
party:
COUNTY: KEEP' BRAZOS BEAUTIFUL, INC.:
Brazos County, Shelly Humphrey,
c/o Commissioners Court Acting President
200 South Texas Avenue, Ste, 310 213B South Main
Bryan, Texas 77803 Bryan, Texas 77803
S. It is understood and agree that the County's participation in Keep Brazos Beautiful is
limited to the contribution of funds. County, at no time, shall be liable or responsible for
acts of Keep Brazos Beautiful its agents or employees. Keep Brazos Beautiful at no tiine
shall be liable or.responsible for acts of the County, its agents or employees.
9. Either of the parties shall have the .right terminate this Agreement in whole or in part at
any time. Notice to terminate this Agreement will be given in writing at least thirty (30)
days prior to the date of termination. The notice shall include the reason for such a
termination, the effective date of the termination and, in the case of partial termination,
the portion of the Agreement to be terminated.
SIGNED this day of 2012.
KEEP B OS BEAUT UL, INC. BRAZOS COUNTY
y Re utive it Duane Peters, County Judge
of the Board of Directors
Keep Brazos Beautiful Agreement
ATTEST:
6 � t cu&,
Karen McQueen, ounty Clerk - & J
, 1 V
Page 3 of3
Vol.
1w Pg. 130
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS VALLEY FOOD BANK, INC
This Funding Agreement ( "Agreement "), effective October 1, 2012, by and
between Brazos County, hereinafter called the "County", and the Brazos Valley Food
Bank, Inc., hereinafter called the "Food Bank ".
RECITALS
WHEREAS, the Food Bank acquires food for distribution through other nonprofit
agencies to moderate and low income persons who are food insecure and at risk of
hunger and malnutrition; and
WHEREAS, the purpose of the County is to ensure that all children, individuals,
families and seniors, especially those who are moderate to low- income, are food
secure, meaning that people have access at all times to enough food for an active,
healthy and productive life.
NOW THEREFORE, both the County and the Food Bank enter into this
Agreement to maximize the effectiveness of their common goal and show good
stewardship of citizen's dollars and donations and, in consideration of promises,
covenants, terms and conditions herein contained, the parties mutually agree to the
following:
AGREEMENT
TERM OF AGREEMENT: The term of this Agreement shall be for a period of
approximately one (1) year beginning on October 1, 2012 and terminating on
September 30, 2013.
FUNDING: The County will provide funding of $7,700.00 to the Food Bank to the
benefit of the moderate and low income citizens of the community.
INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County,
or its designated representative, shall have the right to review and to copy any records
and supporting documentation pertaining to the performance of this Agreement. Food
Bank agrees to maintain such records for possible audit for a minimum of three (3)
years after the termination date of this Agreement, unless a longer period of records
retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Food Bank agrees that County, or
its designated representative, shall further have the right to review and to copy any
Brazos Valley Food Bank, Inc. Agreement
Page I of 3
Vol. 1 (9- pg. t 31
records and supporting documentation for prior years in which County provided funds to
the Food Bank under prior Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an
independent financial audit be performed on the records of the Food Bank. If an
independent financial audit is performed, a management fetter will be prepared by the
auditor as part of the process and a copy of said management letter shall be delivered
to the Brazos County Commissioners Court. The management letter shall identify
issues that might not otherwise require disclosure in the Food Bank annual financial
report, but which are of concern to or under the suggestion of the auditor. If the Brazos
County Commissioners Court determines that the audit will be conducted by an
independent third party, all costs and expenses associated with said audit will be solely
paid for by the Food Bank.
Annual financial statements (audited if available) are due to County within six (6)
months of completion.
ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received
from or through other agencies in furtherance of this agreement will be made available
to those eligible persons as defined by the most recent eligibility guidelines established
by the State of Texas and its responsible agencies. Food Bank will verify recipient
income eligibility by either requiring proof of income or by self - certification that
recipient(s) meets income guidelines.
RECORDS: Food Bank agrees to complete intake and assessment on eligible
households and maintain all records for a period of three (3) years.
FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility
for the purity and fitness for human consumption of any and all items distributed in its
name or through other entities or agencies with which it may contract.
LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases
County and holds it free and harmless against all and any liabilities, damages, losses,
claims, causes of action and lawsuits or equity obligations whatsoever arising out of or
attributed to any distribution and use of foods.
ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties
and /or obligations arising out of this Agreement without the prior written consent of
County.
FISCAL FUNDING CLAUSE: The obligations of the County under this
Agreement are expressly contingent upon the availability of funding for each item and
obligation contained herein for the term of the Agreement and any extensions thereto.
In the event that the County is unable to fulfill its obligations under this Agreement as a
result of lack of sufficient funding, or if funds become unavailable, the County may, in its
sole discretion, provide funds from a separate source or may, in its sole discretion,
Brazos Valley Food Bank, Inc. Agreement Page 2 of
Vol. 1 6 �
pg. J 3
terminate this Agreement by written notice to the Food Bank at the earliest possible time
under the - circumstances.
DEFAULT: Any violation or breach of the 'provisions herein may result in
termination of this Agreement.
GOVERNING LAW AND VENUE: The validity of the Agreement and all matters
pertaining thereto shall' be_ governed and determined by the Constitution and the laws of
the State of Texas. - Venue for any suit filed against Brazos County shall be Brazos
County, Texas.
SEVERABLITIY: In the event that a court finds any provision of this Agreement
invalid and /or unenforceable, both parties agree the remaining provisions shall remain
valid and in force.
SIGNED this day of , 2012.
BRAZOS COUNTY
BRAZOS VALLEY FOOD BANK, INC.
Duane Peters, County ge Th esa Mangap , Executive Director
q
Date
ATTEST:
)(
Karen
uw ; r.=
o p g. J 3 3
a /1&4/12,
Date
Page 3 of 3
Brazos Valley Food Bank, Inc. Agreement
4l
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS COUNTY HISTORICAL COMMISSION
This is an Agreement for Funding ( "Agreement ") by and between Brazos County
hereinafter referred to as ( "County ") and the BRAZOS COUNTY HISTORICAL COMMISSION,
hereinafter referred to as ( "BCHC ") a commission dedicated to the improvement of Brazos
County.
RECITALS
WHEREAS, County historical commissions are a vital link in Texas' preservation
network. Few other states have a built -in mechanism that makes possible a preservation
organization in every county;
WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs
suggested by the Brazos County Commissioners' Court and the Texas Historical Commission
('THC ").
WHEREAS, BCHC has worked co- operatively with the Brazos County Commissioners'
Court, THC, local governments, local non -profit organizations and individual citizens to preserve
Brazos County's heritage for the use, education, enjoyment and economic benefit of present
and future generations in Brazos County.
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited
herein, the parties agree as follows:
AGREEMENT
BCHC Resaonsibiiides
BCHC, shall provide services to the County as follows:
A. Actively promote the interest in and appreciation of the rich history of Brazos
County by encouraging individuals, organizations, businesses, and others to
submit applications for historical markers for buildings, organizations, activities,
individuals, sites of historical events, and other entities and events throughout
Brazos County.
B. Support other groups and events that have the same goal.
County Responsibilities
A. BCHC shall be funded by the County in the amount of $5,000.00 for the term of
this Agreement. This Agreement shall be for a term of twelve (12) months
commencing on the 1st day of October, 2012, and terminating on the 30th day of
September, 2013.
Brazos County Historical Commission Agreement
Page 1 of 3
Vol. ) 0 pg. 1 T.
B. BCHC agrees that County, or its designated representative, shall have the right
to review and to copy any records and supporting documentation pertaining to
the performance of this Agreement. BCHC agrees to maintain such records for
possible audit for a minimum of three (3) years after the termination date of this
Agreement, unless a longer period of records retention is stipulated. BCHC
agrees to allow the auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have
information related to such records. BCHC agrees that County, or its designated
representative, shall further have the right to review and to copy any records and
supporting documentation for prior years in which Brazos County provided funds
to the BCHC under prior Agreements.
C. Brazos County Commissioners Court may, in its sole discretion, require that an
independent financial audit be performed on the records of BCHC. If an
independent financial audit is performed, a management letter will be prepared
by the auditor as part of the process and a copy of said management letter shall
be delivered to the Brazos County Commissioners Court. The management
letter shall identify issues that might not otherwise require disclosure in the
BCHC annual financial report, but which are of concern to or under the
suggestion of the auditor. If the Brazos County Commissioners Court determines
that the audit will be conducted by an independent third party, all costs and
expenses associated with said audit will be solely paid for by the BCHC.
D. Annual financial statements (audited if available) are due to County within six (6)
months of completion.
All notices required or permitted hereunder shall be in writing and addressed to the
respective officer of the other party at the address described below or at such other address as
the receiving party may have theretofore prescribed by notice to the sending party:
COUNTY BCHC
Brazos County Henry Mayo
c/o Commissioners Court Chairman
200 South Texas Avenue, Ste., 310 P.O. Box 9169
Bryan, Texas 77803 College Station, Texas 77842 -9169
Either of the parties shall have the right to terminate this Agreement in whole or in part at
any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior
to the date of termination. The notice shall include the reason for such a termination, the
effective date of the termination and, in the case of partial termination, the potion of the
Agreement to be terminated.
Brazos County Historical Commission Agreemeni Page 2 of 3
VOL 1 (� Pg. 1 3 S
A
SIGNED this I day of C§p7 ' p ' z 01 Z
BRAZOS COUNTY HISTORICAL COMMISSION
By �
Henry airman
BRAZOS COUNTY ATTEST:
By:
Duane Peters, Coun ft ZC> Z Karen McQueen, County CI rk
t�� v
Brazos County Historical Commission Agreement Page 3 of 3
voi. 1 (P� Pg. (3
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
RESEARCH VALLEY PARTNERSHIP, INC.
THIS FUNDING AGREEMENT ( "Agreement ") is effective October 1, 2012, by
and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws
of the State of Texas, (hereinafter referred to as "County "), and the RESEARCH
VALLEY PARTNERSHIP, INC., a Texas non - profit corporation (hereinafter referred to
as "RVP ").
RECITALS:
WHEREAS, the Commissioners Court of Brazos County desires to stimulate
business and commercial activity in the County; and
WHEREAS the County wishes to contract with RVP as its agent pursuant to
TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local
economic development (herein the Brazos County Economic Development Program);
and
WHEREAS, the County desires to diversify its economy, increase and broaden
its tax base, provide more and better employment opportunities for its citizens and
promote the general public welfare; and
WHEREAS, it is important to the County to attract and expand business,
commercial and industrial enterprise in order to accomplish this purpose; and
WHEREAS, RVP is an agency with specific expertise in the field of economic
development and administering governmental economic development guidelines; and
WHEREAS, the County has determined that this Agreement is for the personal or
professional services and therefore exempt from competitive bidding under Chapter
262, Local Government Code.
THEREFORE, in consideration of the mutual understandings and agreements
set forth, the County and RVP agree as follows:
AGREEMENT:
ARTICLE I
Qualifications of the RVP
1.1 The RVP represents that:
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(a) The RVP is a non -profit entity that is authorized and experienced in the
administration and furtherance of economic development programs in all
or a portion of the County;
(b) The RVP has expertise and skills to attract new businesses to the County,
to encourage the expansion of existing businesses in the County, or to
retain existing businesses in the County, pursuant to the County's
economic development guidelines and Chapters 311, 312 and Sections
381.003 and 381.004 of the Texas Local Government Code;
(c) The RVP shall cooperate with and use the services of the Texas
Department of Economic Development.
ARTICLE II
Definitions
2.1 "Economic Development Guidelines" means the County's financial criteria
on file used to determine qualification for receiving Incentive Funds.
2.2 "Project Performance Standards" means individual performance terms and
requirements established by agreement between the County and any
employer /business to receive Incentive Funds.
2.3 "Program Projects" means uses of the Incentive Funds, or a portion
thereof, as approved by the County, to provide incentives or assistance to
businesses /employers which results in the public purpose of economic development,
diversification, expansion, and employment being served, pursuant to the County's
Economic Development Guidelines.
2.4 "Program Standards" means standards that an employer /business must
meet in order to qualify for Incentive Funds.
ARTICLE III
Term
3.1 The term of this Agreement is for one (1) year, being effective as of
October 1, 2012, and ending on September 30, 2013, unless earlier terminated as
provided herein.
3.2 Either party may terminate this Agreement on sixty (60) days prior written
notice to the others.
3.3 Upon receipt of any termination, the County agrees to continue funding a
program project that had been previously approved by the County.
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ARTICLE IV
Administration Services
4.1 RVP agrees to provide all administrative services necessary to administer
the County's Economic Development Program and program standards set forth herein.
4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local
Government Code, the administrative services to be provided include, but are not
limited to:
(a) corresponding with and negotiating with potential or existing
business/employers for Program Projects that will develop, diversify
and /or expand the Brazos County economy, develop or expand
transportation or commerce in the State, and /or serve the purpose
of eliminating unemployment in Brazos County.
(b) establishing Project Performance Standards for each Program
Project that are consistent with the Program Standards set out in
the County's Economic Development Program and herein;
(c) obtaining contracts between the County and businesses /employers
for Program Projects whereby the business/employer agrees to
meet the County's Project Performance Standards, and which
provide assurances that the County's Project Performance
Standards will be met; and
(d) compliance with all requirements of this Agreement.
4.3 The RVP shall receive the sum of Three Hundred Fifty Thousand and
No /100 Dollars (5350,000.00 as compensation for the administrative services to be
provided hereunder (herein the "Administration Funds "). County shall pay such sum on
a monthly basis by paying the RVP one - twelfth (1/12) of the total sum referenced
above.
ARTICLE V
Incentive Funding
5.1 County has appropriated Three Hundred Thirty Thousand and No /100
Dollars ($330.000.00 ( "Incentive Funds ") for the purpose of funding Economic
Development Grants entered into by the County under its Economic Development
Program. The Incentive Funds shall be divided and designated as follows:
(a) $211,000.00 of the Incentive Funds shall be appropriated for those
Economic Development Grants under which the County is currently
obligated; and
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(b) $119,000.00 of the Incentive Funds shall be appropriated as new
cash incentives, which may be used to promote future local
economic development and stimulate commercial activity in the
County.
Incentive Funds have been budgeted for the current fiscal year and are payable out of
current revenues.
5.2 Payments of Incentive Funds shall be made as approved and directed by
the County to the qualifying business/employer under approved Program Projects.
5.3 The County Incentive Funds provided for in this Agreement shall be used
only in accordance with the Brazos County Economic Development Guidelines and
program standards.
ARTICLE VI
Use of Incentive Funding
6.1 The County's Program administered by the RVP hereunder consists of the
use of the County's Incentive Funds to develop and diversify the Brazos County
economy, to eliminate unemployment or under - employment, and to expand the local
economy, pursuant to Standards and Guidelines set forth in the Brazos County
Economic Development Guidelines.
6.2 Program Standards. The RVP shall not recommend to the County that an
applicant business /employer receive Incentive Funds unless the applicant
business/employer meets or exceeds the following standards:
(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes,
assessments and /or fees;
(c) is not in bankruptcy;
(d) is an Equal Employment Opportunity Employer with policies in place and
practiced which prohibit discrimination in employment based on race, sex,
age, national origin, creed, religion, or disability (unless based on bona
fide occupational reason or a reason exempted or approved by the
Americans With Disabilities Act and the regulations promulgated
thereunder);
(e) agrees by written contact directly with the County to meet performance
criteria established by the County in accordance with the County's
Program Standards (hereinafter "Project Performance Standards ") as to
the establishment, expansion, or improvement of business operations in
Brazos County, Texas and /or the employment of residents of the County.
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(f) complies with the current County Economic Development Guidelines for
financial assistance, including the grant to the County of the right to review
and verify the applicant business /employer's financial statements prior to
the grant of any incentive and to review the financial condition of the
project during the term of any incentive, including the right to send
representatives from the County Appraisal District to inspect any facilities
of the applicant business /employer to verify the accuracy of information
provided for the economic incentive. Provisions to this effect shall be
incorporated in every agreement between the applicant
business /employer and the County;
(g) if the proposed program project does not meet the specific job
retention /creation requirements set forth in (f) above, other positive effects
on the local economy of the proposed program project may be taken into
consideration and approved by the County, as recommended by RVP, in
determining whether to pursue funding of a program project. These
include:
(i) the impact of the Program Project on economically disadvantaged
individuals. An economically disadvantaged individual is an
individual who:
(1) was unemployed for at least three (3) months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including welfare
payments or food stamps, based on need and intended to
alleviate poverty;
(3) is an economically disadvantaged individual, as defined by
Section 4(8), Job Training Partnership Act (29 U.S.C.
Section 1503(8));
(4) is an individual with handicaps, as defined by 29 U.S.C.
Section 706(8);
(5) is an inmate, as defined by Section 498.001 of the
Government Code;
(6) is entering the workplace after being confined in a facility
operated by the institutional division of the Texas
Department of Criminal Justice or under contract with the
Texas Department of Criminal Justice;
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(7) has been released by the Texas Youth Commission and is
on parole, if state law provides for such a person to be on
parole; or
(8) meets the current low income or moderate income limits
developed under Section 8, United States Housing Act of
1937 (42 U.S.C. Section 14376, et seq.).
(ii) the need for the product/service provided by the business /employer
in the local area;
(iii) the estimated multiplier effect on the local economy of the Program
Project either due to the level of wages paid or the injection of
outside funds into the local economy (i.e., tourism, capital
expenditures, purchasing or materials from local businesses, etc.);
and
(iv) the creation of part-time positions, and /or
(v) capital expenditures which have a material and direct positive
impact upon the local economy by providing the following benefits:
1. increases in the local tax base;
2. creation of ancillary jobs and /or jobs for economically
disadvantaged individuals;
3. attraction of other businesses;
4. creation of new sales tax revenues;
5. commercial development of new and existing areas;
6. defining, enhancing and /or redefining job skill level of locally
available work force.
If such considerations indicate that the benefit to the local economy meets or
exceeds that which would be gained by the business/employer employing and /or
retaining the number of employees required for the level of funding under subsection (e)
above, the RVP may consider such business as qualifying and therefore recommend
such business/employer to the County upon the approval of the Board of Directors by a
75% or more favorable vote (9 of 12).
(h) All contracts for Program Projects must be in a form approved by the
County and County's legal counsel. The contract must include, but is not limited to,
provisions:
(i) containing the Program Project Performance Standards applicable
to the business /employer, and the business /employer's agreement to comply therewith
in a set time - frame;
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(ii) requiring periodic documentation of the business /employer's
compliance with the Project Performance Standards, and giving the RVP and the
County the right to inspect its operations and books to confirm the business /employer's
compliance with the Program Project Performance Standards;
(iii) requiring the repayment directly to the County within sixty (60) days
of demand of the funds appropriated to the Program Project by the County if the
applicant business /employer fails to meet the County's Project Performance Standards
or otherwise is in material breach of its Agreement with the County, and giving the
County the right to sue the applicant business /employer to enforce the contact between
the County and the business /employer, and to recover all attorney's fees and costs
incurred in doing so;
(iv) requiring the business /employer to make draw requests for the
funding from the County, which requests must show in detail how the money and /or
property will be applied /used, or for what the reimbursement is sought, and which
contain such documentation as is required by the County; and
(vi) requiring compliance with all applicable laws regarding the
provision of equal employment opportunities.
ARTICLE VII
Accounting
7.1 RVP agrees that Brazos County, or its designated representative, shall
have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. RVP agrees to maintain such records
for possible audit for a minimum of three (3) years after the termination date of this
Agreement, unless a longer period of records retention is stipulated. RVP agrees to
allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such
records. RVP agrees that Brazos County, or its designated representative, shall further
have the right to review and to copy any records and supporting documentation for prior
years in which Brazos County provided funds to RVP under prior Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an
independent financial audit be performed on the records of RVP. If an independent
financial audit is performed, a management letter will be prepared by the auditor as part
of the process and a copy of said management letter shall be delivered to the Brazos
County Commissioners Court. The management letter shall identify issues that might
not otherwise require disclosure in the RVP annual financial report, but which are of
concern to or under the suggestion of the auditor. If the Brazos County Commissioners
Court determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the RVP.
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Annual financial statements (audited if available) are due to Brazos County within six (6)
months of completion.
ARTICLE VIII
Miscellaneous Terms
8.1 Notice. Notices or correspondence under this Agreement to either party
from the other may be personally delivered or sent by First Class Mail, or other reliable
courier.
Notice to the County shall be sent to:
Duane Peters, County Judge
Brazos County Administration
200 So. Texas Ave., Suite 332
Bryan, Texas 77803
Notice to the RVP shall be sent to:
Todd McDaniel, President and CEO
Research Valley Partnership, Inc.
1500 Research Parkway, Suite 270
College Station, Texas 77845
8.2 Severability. No partial invalidity of this Agreement shall affect the
remainder unless the public purpose to be served hereby is so greatly diminished
thereby as to frustrate the object of this Agreement.
8.3 Amendment. During the term of this Agreement, if certain areas need
further clarification or revision, the parties will work in good faith to arrive at written
memorandums or understandings regarding those areas. Any amendment of this
Agreement must be in writing, and executed by a duly authorized representative of each
party.
8.4 Assignment. This Agreement cannot be assigned or performed by
subcontractors except with the written consent of both parties.
8.5 Not Joint Venture: Independent Contractor. The parties agree that this is
not a joint venture, partnership or employee - employer relationship and that neither party
shall have the authority to bind or incur liability to the other without the other's prior
written permission. Furthermore, the RVP shall be considered an independent
contractor agent for the sole and limited purpose only of administering the County's
economic development guidelines and program project standards pursuant to the grants
1013 RVP Agreement 4 J Page 8 of 9
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of authority given the County under Chapter 311, 312 and 381 of the Texas Local
Government Code.
8.6 Applicability of Texas Law. The laws of the State of Texas shall govern
this Agreement, except where clearly superseded by federal law.
8.7 Venue. The place of performance of this Agreement is Brazos County,
Texas, and all consideration payable hereunder and things to be done pursuant hereto
shall be deemed to be payable and performable in Brazos County, Texas. Venue of any
dispute arising out of this Agreement or performance hereunder shall be fixed for all
purposes in Brazos County, Texas.
8.8 Entire Agreement and Binding Authority. This Agreement supersedes and
constitutes a merger of all prior oral and /or written agreements and understandings of
the parties on the subject matter of this Agreement and is binding on the parties and
their successors, agents and assigns.
8.9 Waiver. No waiver by either party of any provision of this Agreement shall
be effective unless in writing, and such waiver shall not be construed as or implied to be
a subsequent waiver of that provision or any other provision. The signatories hereto
have the authority and have been given any approvals necessary to bind by this
Agreement the respective parties for which they sign.
BRAZOS COUNTY, TEXAS RESEARCH VALLEY PARTNERSHIP,
INC., a Texas non - profit corporation
By: By
Duane Peters, Coun udge , Chairman of the Board
Attest:
B Je aA&t- >ru` 4 " W'
Karen McQueen, County Clerk
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NA
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS COUNTY RAPE CRISIS CENTER, INC.
DBA SEXUAL ASSAULT RESOURCE CENTER
THIS FUNDING AGREEMENT ( "Agreement ") IS ENTERED INTO BY AND
BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County
Commissioners (hereinafter "County "), and the BRAZOS COUNTY RAPE CRISIS
CENTER, INC., dba Sexual Assault Resource
1 Cnter (hereinafter "Provider"),
located in Bryan, Texas, and is effective
RECITALS:
WHEREAS, the County has the objective of providing support services to the
victims of sexual assault; and
WHEREAS, the Provider shares this common goal with the County; and
WHEREAS, the County desires to assist the Provider in providing support
services to victims of sexual assault through funds provided by the County.
NOW THEREFORE, the parties agree to the following terms and conditions to
provide such support services.
AGREEMENT
TERM
This Agreement shall be for a term of twelve (12).months commencing on the 1st
day of October, 2012, and terminating 30 day of September, 2013.
CANCELLATION
This Agreement may be canceled by any parties hereto upon sixty (60) days
written notice as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider will provide services to victims of sexual assault and their families.
These services will include: a 24 -hour hotline and 24 -hour escort service;
peaker one-to-one
's
counseling; group counseling; community awareness programs; Bureau;
training and supervision of volunteers; training for law enforcement agency personnel,
the medical community, clergy, staff of the District Attorney's office and psychologists
(collectively "Services ").
See ial assault Resource Center Agreement
Page 1 of 5
Vol. I (0 Pg. _ I ` '�—
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein be used to offset operational
expenses of the Provider, including rent, telephone expenses, and office supplies, as
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to fund the Provider a maximum amount of money totaling
$ 17,500.00 for the term of this Agreement ( "Funds ").
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following services pursuant to this
Agreement:
1. Maintaining this Agreement;
2. Providing of Services;
3. Maintaining data files on clients and the Services provided thereto;
4. Respond to all and any inquiries by the County.
5. Provider agrees that the County, or its designated representative, shall have
the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Provider agrees to maintain
such records for possible audit for a minimum of three (3) years after the
termination date of this Agreement, unless a longer period of records
retention is stipulated. Provider agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records.
Provider agrees that the County, or its designated representative, shall further
have the right to review and to copy any records and supporting
documentation for prior years in which the County provided funds to the
Provider under prior Agreements. Any audit will be conducted by County
personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court
determines that the audit will be conducted by an independent third party, all
costs and expenses associated with said audit will be solely paid for by the
Provider.
6. Provider will provide the County with any and all certified audits conducted by
Provider and the management letter prepared in connection therewith;
Sexual Assault Resource Center Agreement
Page 2 of 5
Vol. � PS• 1 �L
7. Provider will provide the Commissioners Court with statistics evidencing the
number of Brazos County residents using the Providers Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County Funds.
2. Conduct a review of the Provider's performance in providing the Services to
be provided hereunder in order to assess County's continued participation in
the funding of the Provider.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to
those individuals using its services and all financial records. The Provider agrees to
maintain and make available for inspection by the County upon request, consistent with
personal privacy and subject to the limitation of state law, any and all records the
County determines, in its sole discretion, to be necessary for the County to justify its
continued participation in supporting the Provider with Funds. Such records shall be
retained for at least three (3) years from the date the service was provided. These
records shall be made available for inspection and audit by the County, if it so desires.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for
employment because of race, color, sex, or national origin. The Provider shall take
affirmative action to ensure that applicants who are employed are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Provider agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another
harmless from and against all suits, claims, demands, liabilities or actions resulting or
alleged to result from the breach, violation or non - performance of the services stated
herein and for any damage to any person resulting from any action or omission or
negligence on the part of each party hereto.
Setiuol Assault Resource Center Agreement Page 3 of S
Vol. -. - P$• - [ 0
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor
and not any employee or agent of the County and that each shall maintain at its own
expense, adequate liability insurance to insure against damages and liabilities which
may arise due to the duties and obligations contracted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer,
agent or employee of the County who exercises any function or responsibility in
connection with the carrying out of this Agreement or the Services to which it relates
has personal interest, direct or indirect, in this Agreement.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the
State of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, certified mail RRR to the other party at the
following addresses:
Brazos County Rape Crisis Center, Inc.
P.O. Box 3082
Bryan, Texas 77805
Confidential Physical Location: 3131 East 29� Street, Bldg C, Bryan, TX.
Brazos County Commissioners Court
County Administration Building
200 So. Texas Ave. No. 310
Bryan, Texas 77803
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and to execute and deliver
any further documents which may be necessary to cant' out the provisions of this
Agreement.
Sexual Assault Resource Center Agreement
Page 4 oj'S
Vol. I- ea. 1 49
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are
held to be unenforceable or invalid by any court of competent jurisdiction, the validity
and enforceability of the remaining provisions or portions shall not be affected thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties
concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understanding, oral or written, between or among the
parties hereto, relating to the subject matter of the Agreement, which are not fully
expressed herein.
ASSIGNABILITY
This Agreement is not assignable by the Provider without the prior written
consent of the County.
DATED this i_q day of 9- rg f e kn b-e r 2012.
i
Brazos County Brazos County Rape Crisis Center, Inc.
dba Sexual Assault Resource Center
I :)
DUANE PETERS, Judge
ATTEST:
dent
ATTEST -
KAREN McQUEE , County Clerk L AN CHOWDHURY, E ecuti a Director
J A '
Sexual Assault Resource Center Agreement
i % " W
I I Z Lt. Allan Baron,
Vol. ) &
Page S of S
Pg.
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
BRAZOS VALLEY VETERANS MEMORIAL
THIS AGREEMENT FOR THE FUNDING ( "Agreement') is made and entered into by
and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation
chartered by the State of Texas, acting by and through its duly authorized agent(s) and
officer(s), hereinafter referred to as ( "BWM "), and Brazos County acting by and through its
Commissioners Court, duly authorized to act, hereinafter referred to as ( "County ").
RECITALS:
WHEREAS, BWM provides a public art memorial for residents and non - residents of the
County to have a dignified place of recognition for the service and sacrifices made while in the
uniformed services of this great nation and also provides an educational venue to teach our
children about those sacrifices; and
WHEREAS, the Commissioners Court of Brazos County finds that the memorial and
grounds constitute a museum and /or recreational area; and
WHEREAS, the County may provide funding to construct and /or maintain a museum
and /or recreational park or facility; and
WHEREAS, such activity serves a public purpose.
NOW, THEREFORE, COUNTY and BWM hereby agree as follows:
BWM through its funding and support shall operate and maintain a memorial for all
veterans.
County, for and in consideration of the services provided to County, hereby agrees to
pay to BWM a total payment of Twenty Five Thousand and no /1.00 Dollars, $25_ 000.00
( "Funds ") for the year beginning October 1, 2012 and ending September 30, 2013. Payment of
such sum will be paid upon receipt of invoice.
Brazos Valley Veterans Memorial Agreement 1 Page I of S
l
Vol. U Pg. °�
BVVM agrees to provide an annual account of how the Funds were spent to meet the
above described services. BVVM agrees to furnish any information requested by the County
Auditor, including documentation of the use of funds received from the County.
IV.
ACCOUNTING AND AUDIT
. BVVM agrees that County, or its designated representative„ shall have the right to
review and to copy any records and supporting documentation pertaining to the performance of
this Agreement. BVVM agrees to maintain such records for possible audit 'for a minimum of
three (3) years after the termination, date of this Agreement, unless a longer period of records
retention is stipulated. BVVM .agrees to allow the auditor(s) access to such records during
normal business hours and to allow interviews of any employees who might reasonably have
information related to such' records. BVVM agrees that. County, or its designated
representative, shall further have the right to review and to copy any records and supporting
documentation for prior years in which County provided funds to the BVVM under prior
Agreements.
Brazos County Commissioners Court may, in its sole discretion, require that an independent
financial audit be performed on the records of ACBV. If an independent financial audit is
performed, a management letter will be prepared by the auditor as part of the process and a
copy of said management letter shall be delivered to the Brazos County Commissioners Court.
The management letter shall identify issues that might not otherwise require disclosure in the
ACBV annual financial report, but which are of concern to or under the suggestion of the
auditor. If the Brazos County Commissioners Court determines that the audit will be conducted
by! an independent third party, all costs and expenses associated with said audit will be solely
paid for by the ACBV.
Annual financial statements (audited if available) are due to County within six (6) months of
completion.
V.
RECORD RETENTION
The BVVM shall be responsible for record keeping on all services provided and agrees
to maintain and make available for•`inspection by the County upon request consistent with
Brazos Valley Veterans Memorial Agreement
Vol. _
10
pg.- � 5�
Page 2 of 5
• •y ay ,
Federal and State law,, any and all records the County determines, in its sole discretion, to be
necessary for the Court to justify its continued participation in supporting the BWM with
funding. Such records shall be retained for at least three (3) years from the date the service
was provided. These records shall be made available for inspection and audit .by the County, if
it so desires.
VI.
INDEMNITY
'The parties hereto agree to indemnify one another for and hold one another harmless
from' and against all suits, claims, demands, liabilities or actions, resulting or alleged to result
from the breach, violation or non - performance of the services stated herein and for any damage
to any person resulting from any action or omission or negligence on the part of each party
hereto.
VII.
INSURANCE
The parties hereto agree that the BWM shall be an independent contractor and not any
employee or agent of the County and that each shall maintain at its own expense, adequate
liability insurance to insure against damages and liabilities which may arise due to the duties
and obligations funded herein.
VIII.
COUNTY INVOLVEMENT
The County and BWM state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out of this Agreement or the services to which it relates has personal interest direct or
indirect, in this Agreement.
IX.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of
i
Texas.
Brazos Valley Veterans Memorial Agreement Page 3 of S
X.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by
delivering such notice or by mailing it, certified mail RRR to the other party at the following
addresses:
Brazos Valley Veterans Memorial
P.O. Box 11055
College Station, Texas 77842
Brazos County Commissioners Court
200 So. Texas Ave. No.. 310
Bryan, Texas 77803
XI.
FURTHER ASSURANCES
Each party hereto agrees to perform any further acW and to execute and deliver any
further documents which maybe necessary to carry out the provisions of this Agreement.
X1 1.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are held to
be; unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability
of the remaining provisions or portions thereof shall not be affected thereby.
XIII.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations, agreements,
arrangements, or understanding, oral or written, between or among the parties hereto, relating
to the subject matter of the Agreements, which are not fully expressed herein.
XIV.
ASSIGNABILITY
This Agreement is not assignable by the BVVM without the prior written consent of the
County.
Page 4 of 5
Brazos Valley Veterans Memorial Agreement
g.
4.. '
WITNESS OUR HANDS this � day of I� , 2012.
Brazos Valley Veterans Memorial, Inc.
By:
Name:
Title: Seca
By:
Name - M
Title: President
Brazos County, Texas
By:
Duane Peters, Coun Judge
Attest: �i YX
Karen McQueen; County Clerk
Brazos Valley Veterans Memorial Agreement
Page S of S
I / pg
FUNDING. AGREEMENT
BETWEEN TEXAS A&M UNIVERSITY
AND BRAZOS COUNTY
This Funding Agreement ( "Agreement ") is effective October 1, 2012, by and
between TEXAS A &M 'UNIVERSITY, (hereafter "TAMU), a member of The Texas
A &M University System, an agency of the State of Texas, for the benefit of Easterwood
Airport, and BRAZOS COUNTY, TEXAS ( "County "), a political subdivision of the State
of Texas.
RECITALS
WHEREAS, TAMU provides the services necessary to enable local citizens to
travel by private aircraft or scheduled commercial airliner, and maintains and operates
the facilities at Easterwood Airport, including but not limited to the terminal, runway and
all associated safety facilities and functions, for general and commercial aviation; and'
WHEREAS,. pursuant to the TEXAS TRANSPORTATION CODE Chapter 22, the
County recognizes that improving, equipping, maintaining, operating, regulating,
protecting, and policing an airport is .a governmental function exercised for a public
purpose and that Easterwood Airport provides a public service to the County;
THEREFORE, in consideration of the mutual rights obligations and covenants,
contained herein, TAMU and County agree as follows:
AGREEMENT
SECTION I
TERM OF AGREEMENT
1.01 This term of this .Agreement is from October 1, 2012 through September 30,
2013.
SECTION II
PAYMENT
2.01 County, for and in consideration of the services to be provided to County, agrees
to pay to TAMU a flat fee of SIXTY -FIVE THOUSAND FOUR HUNDRED AND NO /100
DOLLARS ($65,400.00) as a contribution to the cost of Aircraft Rescue and Fire
Fighting ( "ARFF ") .coverage on Easterwood Airport. County will pay out of current
revenues, the full amount due within thirty (30) days of.receiving an invoice from'TAMU.
2.02 TAMU acknowledges. that any and all funds provided to TAMU by the County
under this Agreement shall be used solely for operational expenses. No funds provided
by the County shall be used to purchase or repair any real property or fixtures of real
2013 Easterwood Airport Agreement Page 1 of 6
n t �
VoI. 1 �� pg,
property, including but not limited to building, repairing or maintaining improvements of
any kind.
2.03 TAMU acknowledges the fee fairly compensates it for the services and functions
it is to provide pursuant to this Agreement.
SECTION III
TERMINATION
'3.01 TAMU or County may unilaterally terminate this Agreement, at any time and for
any reason, or no reason, by giving. the other sixty (60) calendar days prior written
notice delivered pursuant. to Section 4.01 of this Agreement.
SECTION .IV
NOTICES.
4.01 Notices required under. this Agreement must be given by certified mail,. registered
mail, or personal delivery, addressed to the parties listed below. TAMU and /or County
can change this notice address by sending to the other party a notice of the new
address. Notices should ,be addressed as follows:
TAMU: Texas A&M University
Department of Contract Administration
1182 TAMU
College Station, Texas 77843 -1182
(979) 845 -0099 (Telephone)
County: Brazos County Commissioners Court
200 S. Texas Avenue, Suite 310
Bryan, Texas 77803
(979) 361 -4102 (Telephone)
Notices transmitted by United States mail or commercial mail courier shall be
deemed completed upon deposit in the United States mail or with the commercial
carrier.
SECTION V
MISCELLANEOUS
5.01 Contractual Agreement: TAMU and County expressly acknowledge this
Agreement is intended and .should be construed as a contract by and between TAMU
and County. Nothing in this Agreement is intended to create an agency relationship,
partnership, joint venture, or any other such relationship.
5.02 Severability: Failure by TAMU or County to insist on strict performance of any
requirement, of this .Agreement will not be construed as a waiver or relinquishment of
2013 Easterwood Airport Agreement Page Z of 6
7 6- Vol. Pg. I G7 -,
such requirement in future instances, but' such requirement. will continue and remain in
full force and effect.
5.03 Appropriation of Funds: All obligations of TAMU are subject to the appropriation
of sufficient funds for such obligations by the Legislature of the State of Texas. Failure
by the Legislature to appropriate funds to TAMU sufficient to continue to perform under
this Agreement relieves TAMU from the obligation to perform during the period of non -
appropriation.
5.04 Successors and Assigns:. This Agreement is binding upon TAMU and County and
their respective successors in office or interest and assigns. This section is not to be
construed. as authorizing assignment by TAMU or County without the express written
consent of the other party.
5.05 State Agency County expressly understands TAMU is an agency of the State of
Texas, and nothing in this Agreement is intended to be, or should be construed as a
waiver or relinquishment by TAMU of its rights to claim such exemptions, privileges and
immunities as provided by law. TAMU expressly understands that County is a political
subdivision of the State 'of Texas and that nothing in this Agreement constitutes an
express waiver of governmental immunity from liability or lawsuit.
5.06 Governing Law: This Agreement is construed under and in accordance with the
laws of the State of Texas and is performable in Brazos County, Texas. In addition, by
statue, mandatory venue for all legal proceedings against TAMU is to be in the county in
which the principal office of the governing officer is located.
5.07 Dispute Resolution. Any dispute between County and TAMU regarding this
Agreement will be governed by Alternative Dispute Resolution for Use by Governmental
Bodies, Chapter 2009, Texas Govemment Code, and any applicable Model Rules
promulgated by the Office of the Attorney General and /or the State Office of
Administrative Hearing of the State of Texas. Any notice of dispute tendered by County
should be addressed to the University Contracts Officer of TAMU. Any notice of dispute
tendered by TAMU should be addressed to the County Judge of Brazos County.
5.08 Amendment or Modification: This Agreement may be modified or amended in
writing by the mutual consent of the parties with modification being attached to and
incorporated into this Agreement by this reference for all purposes.
5.09 Information Furnished by Recipient: No later than thirty (30) days prior to, the end
of the Agreement term or any renewal anniversary date, TAMU shall furnish to County's
Auditor documentation establishing the use of funds received by TAMU from the County
as a result of this Agreement. TAMU will cooperate in the provision of all necessary or
relevant information requested by County's Auditor to properly .account for all funds
provided by County and expended or received by TAMU as a result of this Agreement.
2013 Easterwood Airport Agreement Page 3 of 6
Vol. Pg. �.�
TAMU agrees that County, or its designated representative, shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. TAMU agrees to maintain such records for possible
audit for a minimum of three (3) years after the termination date of this Agreement,
unless a longer period of records retention is stipulated. TAMU agrees to allow the
auditor(s), access to such records during normal business hours and to allow interviews
of any employees who might reasonably have information related to such records.
TAMU agrees County, or its designated representative, shall further have the right to
review and to copy any records and supporting documentation for prior years in which
County provided. funds to TAMU under prior Agreements. Any audit will be conducted
by County personnel or an independent third party, as determined by the Brazos County
Commissioners Court. If the Brazos County Commissioners Court determines that the
audit will be conducted by an independent third party, all costs and expenses
associated with said audit will be solely paid, for by County.
Annual financial statements (audited if available) are due to County within six (6)
months of completion.
EXECUTED in duplicate on �p each of.whi h shall be of full legal force and effect as
a singular original, this _ day of , 2012, by TAMU.
"TAMU"
TEXAS A &M UNIVERSITY
By:
PHILLIP A.. RAY
University Contracts Officer
APPROVED AS TO FORM:
IE D. GOSE, J.D.
Assistant General Counsel
Office of General Counsel
The Texas A &M University System
2013 Easterwood Airport Agreement
Page 4 of 6
Vol. 1 �n7 p 161
EXECUTED in duplicate o iginals, each of Mich shall be of full legal force and effect as
a singular original, this � day of , 2012, by County.
"COUNTY"
BRAZOS COUNTY
By:
DUANE PETERS
Brazos County Judge
ATTEST:
• OR L( �
APPROVED AS TO FORM:*
BILL BALLARD
Civil Division Counsel, Brazos County
*By law, Brazos County Civil Division counsel may only advise or approve contracts or
legal documents on behalf of its clients. It may not advise, or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective .of our client. Our approval of this document as to form was
offered solely for the benefit of our client. Other parties should not rely on this approval
and should seek review and approval by their own respective attorney(s).
2013 Easterwood Airport Agreement page S of
/60.
Vol. � `�" pg.
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority a Notary Public in and for the State of
Texas, on this day personally appeared PHILLIP A. RAY, University Contracts Officer,
Texas A &M University known to me to be the person whose name . is subscribed to the
foregoing instrument and acknowledged to me that he executed for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this II day
of 2012.
LORI M MERVISH
My Commission Expires
May 10, 2013
STATE OF TEXAS §
COUNTY OF BRAZOS §
M. nhw[A
Notary Public, State of TM
My Commission Expires Q 20.1:j
BEFORE ME, the undersigned authority a Notary Public in and for the State of
Texas, on this day personally appeared DUANE PETERS, County Judge, Brazos
County, Texas, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of 2012.
�= 0
r
I
2013 Easterwood Airport Agreement
Notary Public, State of Texas
My Commission Expires.
Page 6 of 6
V01.--
FUNDING AGREEMENT
BETWEEN BRAZOS COUNTY AND
DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC.
THIS AGREEMENT for the Funding of Fire Protection Service of District Two
( "Agreement ") is hereby effective October 1, 2012, by and between the DISTRICT TWO
VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ( "Department ")
and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly
authorized agents;
RECITALS
WHEREAS, the County is authorized to contract with an incorporated volunteer
fire department to provide fire protection pursuant to Local Government Code §352.001;
and
WHEREAS, the County believes it is more cost effective to contract with a
volunteer fire department than to purchase equipment and operate a County fire
department; and
WHEREAS, the Department is located within the County and shall provide fire
protection to an area of the County that is located outside the municipalities in the
County; and
WHEREAS, the Department has the personnel and equipment to provide such
services and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
AGREEMENT
SCOPE
1. Department shall provide fire protection services to any person who requests
it within the confines of Precinct 2, as described on Exhibit "A" attached
hereto and made a part hereof for all purposes; provided however, if
assistance is requested by other fire departments for Precinct 1, 3 and 4 it
shall provide services in these areas, if possible. A more detailed map of the
various Fire Districts can be obtained at the Brazos County Appraisal District
at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties
agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
District 2 Volunteer Fire Agreement
Page 1 of 4
Vol. ) ep 7 Pg. 16 c2
2. All requests for services under this Agreement shall be made through the 9 -1-
1 Emergency Communications District, which dispatches fire protection units
for the County.
3. Department will maintain fire fighting equipment and certified personnel in
compliance with Subchapter D of Chapter 419, Texas Government Code.
The County is not responsible for damage to equipment or injury to any
person, or for the actions of the Department or their volunteers except
as expressly provided by this Agreement.
PAYMENTS
4. County shall pay Department the sum of $29.000 upon execution of this
Agreement ( "Funds ").
5. The County shall make all payments to Department for these services from
current revenues.
TERM AND TERMINATION
6. This Agreement term shall be from October 1, 2012, and terminate at 12:00
a.m. (C.S.T.) on September 30, 2013. Either party shall have the right to
terminate this Agreement, without cause, upon thirty (30) days written notice
of such termination. Should the Agreement be terminated, the rights and
obligations of the parties hereunder shall terminate, except that the rights and
obligations of the parties that have accrued under this Agreement prior to the
date of termination shall survive. In the event of a termination, the fee payable
pursuant hereto shall be adjusted on a pro -rata basis and refunded within
thirty (30) days of such termination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All
notices shall be deemed given on the date personally delivered, faxed, or
deposited in the U.S. Mail to the following parties:
Department: District Two Volunteer Fire Department, Inc, Brazos County Texas
P.O. Box 32
Kurten, TX 77862
Attn: Morrie Noak, Fire Chief
County: Brazos County Commissioners Court
200 South Texas Ave., Suite 310
Bryan, TX 77803
District 2 Volunteer Fire Agreement // -- Page 2 of
Vol. I l9' p g. 163
I,.
DEFENSE OF CLAIMS
8. Pursuant to Local Government Code §352.004, the act of a person, who, in
carrying out the County's authority to provide fire protection under this
Agreement, furnishes fire protection to a County resident who lives outside
the municipalities in the County, including the act of a person who is a regular
employee or fire fighter of a municipality, is considered to be the act of an
agent of the County.
9. The County does not waive or relinquish any immunities or defense it has
under law, on behalf of itself, its officers, employees, or agents as a result of
its execution of this Agreement and the performance of the covenants herein.
MISCELLANEOUS .PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or
unenforceable by. a court or other tribunal of competent jurisdiction, the
validity and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace
the respective provisions or provisions of this Agreement with legal terms and
conditions approximating the original intent of the parties.
11. This Agreement is the entire Agreement between the Department and the
County relating to, the provision of fire protection services and supersedes any
and all prior Agreements, arrangements, or understandings, whether written
or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does
not confer any rights on any third parties.
13. No amendment to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by the authorized representatives of all
parties.
14. This Agreement has been made under and shall be governed by the laws of
the State of Texas. This Agreement and all matters related thereto shall be
performed in Brazos County, Texas.
15. Failure of any party at any time, to enforce a provision of this Agreement,,
shall not constitute a. waiver of that provision, nor in any way affect the validity
of this Agreement or the right of any party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived or
breach excused unless the waiver shall be in writing and signed by the
party(ies) claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other,
different or subsequent breach.
w -
District 2 Volunteer Fire Agreement
VA. 1 (07 Pg .
r�
Page 3 of 4
I ,
16. It is understood and agreed that this Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
INFORMATION FURNISHED. BY RECIPIENT
17. Department agrees. that County, or its designated representative, shall have the
right.to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Department agrees to maintain such
records for possible audit for a minimum of three (3) years after the termination
date of this Agreement, unless a longer period of records retention is stipulated.
Department agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably
have information related to such records. Department agrees that the County, or
its designated representative, shall further have the right to review and to copy
any records and supporting documentation for prior years in which Brazos
County provided funds to the Department under prior Agreements. Any audit will
be .conducted by County personnel or an independent third party, as determined
by the Brazos County Commissioners Court. If the Brazos County
Commissioners Court determines that. the audit will be, conducted by an
independent third party, all costs and expenses associated with said audit will be
solely paid for by the Department. If an independent financial audit is performed,
a management letter will be prepared by the auditor as part of the process and a
copy of said management letter shall be delivered to the Brazos County -
Commissioners Court_. The management letter shall identify issues that might
not otherwise require disclosure in the Department annual financial report, but
which are of concern to or under the suggestion of the auditor. Annual financial
statements (audited' if available) are due to County within six (6) months of
completion.
District Two Volunteer Fire Department, In Brazos jCoun exas
Brazos County, Texas
A
By:
Merrie Noak, Fire Chief Duane Peters, County Judge
Date: ! L-� ✓ Date:
District l Volunteer ( Fire Agreement I I _ fp . Page. 4 of 4
Vol. Pg• ..:.. .
CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM
DETENTION OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS §
COUNTY OF MILAM §
4M YOUTH SERVICES, INC
dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Detention Services
September 1, 2012 - August 31,201
This Agreement is entered into by and between the Brazos County, at the request of and on
behalf of the Brazos County juvenile Probation Department and 4M Youth Services, Inc., dba
Rockdale Regional Juvenile justice Center, a Texas for - profit corporation, licensed to provide
child care services by the Texas Juvenile Justice Department, and /or any other appropriate
State agency with licensure or regulatory authority over this facility ( "Service Provider').
ARTICLE I
PURPOSE
1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in
accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the
use of detention facilities to house and maintain children of juvenile age, who are referred to a
detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during
pre -trial and pre- dispositional status or in the post - dispositional treatment prescribed by the
Court. The placement facility to be utilized is owned and operated by Service Provider, and is
located at 696 N FM 487, Rockdale, Texas 76567. The business office of Service Provider is 696
N. FM 487, Rockdale, Texas 76567.
ARTICLE II
TERM
2.01 The term of this agreement is for 24 months, commencing September 1, 2012 and ending
August 31, 2014.
ARTICLE III
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day,
seven days a week; routine medical examination and treatment within the Facility (but
shall not provide or pay for emergency examination, treatment, or hospitalization outside
the Facility); an approved education program; recreation facilities; and counseling to each
child placed within the Facility.
B. If emergency examination, EMS treatment, healthcare treatment and /or hospitalization
outside the Facility ( "Outside Treatment") is required for a child placed in the Facility, the
Vol. lQ Pg. �O
Rockdale Regions uvenJe enter
Detention Services Agreement
September 1, 2012 — August 31, 2014
Administrator of the facility is authorized to secure the Outside Treatment at the expense
of the Brazos County. Brazos County agrees to indemnify and hold harmless Service
Provider, its officers, directors, representatives, agents, shareholders and employees from
any and all liability for charges for Outside Treatment. The Administrator shall notify the
appropriate Brazos County officials of Outside Treatment within twenty-four (24) hours
of its occurrence.
C. Children from Brazos County who are alleged to have engaged in delinquent
conduct, indicating a need for supervision, as reflected in a Child in Need of Supervision
Order (CINS) will be admitted to the facility under the authority of any Juvenile Court
having jurisdiction or its designated official. Children not released within forty-eight (48)
hours (excluding weekends and holidays) must have a detention hearing in the appropriate
Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the
child is ordered detained, a certified copy of the Detention Order must be delivered to the
detention Facility prior to the child's re- admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
E. If a child is accepted by the Facility from Brazos County and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or
unmanageable or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall notify the Probation Department of
Brazos County of this determination. The child shall immediately be removed from
the Facility. It will be the responsibility of Brazos County to provide for the
transportation for the removal of the child.
F. Service Provider agrees that the facility will accept any child who qualifies, without regard
to such child's religion, race, creed, sex or national origin.
G. It is further understood and agreed by the parties that children placed in pre - adjudication
care in the Facility shall be removed from the Facility by the appropriate authorities from
Brazos County, or its agents, servants or employees at the conclusion of the ten (10)
day working period authorized by the Court Order issued at the conclusion of the initial
detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has
been issued authorizing the continued detention, and a copy of the new Order has been
delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been
executed and a signed copy of the waiver is received by the Facility. A copy of the Order
issued pursuant to the waiver shall be furnished to the Facility. The same understanding
and agreement between the parties exists with the exception that court orders may
authorize detention for up to fifteen (15) working days after the initial hearing and
detention period.
H. It is further understood and agreed by the parties that should a child in pre - adjudication
care not be removed as described above in paragraph (I), by 12:00 o'clock noon of the
tenth (10) working day of an initial detention period, fifteenth working day if it is not, and
a new Order authorizing continued detention has not been received at the Facility, an
employee of Service Provider shall deliver the child to the Juvenile Court of the placing
Brazos County for which there will be an additional charge of .54 (fifty-four) cents
per mile.
I. It is further understood and agreed by the parties that, children may be released to the
Vol. 6 pg.
Rockdale Regiona uven Cen er
Detention Services Agreement
September 1, 2012 — August 31, 2014
Probation Officer or other appropriate authority of Brazos County pursuant to: (a)
paragraph E of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile
Court of the placing Brazos County.
J. Service Provider shall be in compliance with all Standards and requirements of the Texas
Juvenile Probation Commission and all applicable State and Federal law.
K. Service Provider shall provide twenty (24) hour supervision for the client, including awake
staff during sleeping hours in a Secure Facility.
L. Each child placed in the Facility shall be provided the opportunity to complete the
Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile
Probation Commission. Facility personnel administering the MAYSI -2 shall be properly
trained, sign the warning page, and document time and date administered. The MAYSI -2
shall then be promptly provided to the Juvenile Probation Officer of the detaining county.
M. Each child placed in the Facility shall be enrolled in an educational program. Special steps
shall be taken to comply with requirements of Special Education students and their needs.
N. It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit the placing Brazos County, its agents, servants, or employees in
any way to manage, control, direct or instruct Service Provider, its directors, officers,
employees, agents, shareholders and designees in any manner respecting its work, duties
or functions pertaining to the maintenance and operation of the Facility. However, it is
also understood that the Juvenile Court of Brazos County shall control the
conditions and terms of detention supervision as to a particular child pursuant to the Texas
Family Code, Section 51.12.
O. It is further understood and agreed by the parties that Brazos County will be
financially responsible for any damages caused by any child that Brazos County
places at the Facility.
ARTICLE IV
COMPENSATION
4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay
the Service Provider the sum of 95 per day for each child. The daily rate shall be paid to the
Service Provider for each day a child is in detention. The cost is based on the projected actual
cost of care for children in the facility.
4.02 Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric
evaluation will be paid for by Juvenile Probation at the rate of 200 per exam. Follow -up
evaluations will be paid by Juvenile Probation at the rate of 100 per exam.
4.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal
Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service Provider
3
Vol. ' Pg.
- :`? ✓:1St';.
"S Rockdale Regional Juvenile Center
Detention Services Agreement
September "1, 2012 — August 31, 2014
in proper form shall be paid by Juvenile Probation in a timely manner.
4.04 Service Provider shall account separately for the receipt and expenditure of any and.all state
funds received from Juvenile Probation under this contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
1. Service Provider has an.outside audit completed on a yearly basis which specifies
receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March I following the end of the fiscal
year.
2. If Service Provider does not obtain an annual outside audit then Service Provider shall
provide a separate accounting of funds received from Juvenile Probation in whole or in
part paid from state funds. The accounting shall clearly list the state funds received
from Juvenile Probation and account for expenditures of said funds including
documentation of appropriate expenditures as well as the year's tax forms and
documentation. The accounting, shall be provided to Juvenile. Probation thirty (30) days
prior to the renewal date of the contract.
4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant state funds and shall be subject to termination without penalty, either in
whole or in part, if 'funds are'not available or are not appropriated by the Texas Legislature.
4.06 In the event that State Reimbursement Rates are increased during the duration of the terms of
this contract, the new rates will become effective reflecting those of the increase.
4.07 .Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Piscal' Officer. Service Provider will not contact other department employees
regarding any claims of payment.
4.08 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
ARTICLE V
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement in'Secure -Term Detention, the
official authorizing the placement shall call the Facility to ensure that space is available.
Placement of children by authorized officer's of Juvenile Probation may be denied if space
limitations require as' determined by the Facility.
5.02 A child will only be accepted' in the Facility upon receipt by the Facility Administrator of a
proper order from the Juvenile Court of Brazos County.
5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct
Vol. Pg.
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2012 — August 31, 2014
as fixed and determined by the Administrator and staff of the Facility.
5.04 This contract, terms and agreements are transferable.
ARTICLE VI
EXAMINATION OF PROGRAM & RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its
Program of services provided under the terms of this agreement and /or to review its record
periodically. This examination and evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of questionnaires to the
staff of Service Provider and the children when deemed necessary.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
6.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant-to this Agreement, or as may be
required by law.
ARTICLE VIII
DUTY TO REPORT
8.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegations or incident of abuse, exploitation or neglect of any child (including but not
limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours
from the time the allegation is made, to all of the following:
A. Local law enforcement agency (such as the Milam County Sheriff's Office);
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Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2012 — August 31, 2014
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1- 512 -424 -6717 (or if unable to complete the form within 24 hours, then by
calling toll-free 1 -877- 786 -7263, followed by submitting the report within 24 hours of said
call); and
C. Brazos County Juvenile Probation Department
ARTICLE IX
DISCLOSURE OF INFORMATION
9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with
juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of
the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect
and exploitation investigation where an employee, intern, volunteer, subcontractor, agent
and /or consultant of the Service Provider that has direct contact with juveniles was the
alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and/or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and/ or consultants that have direct contact with juveniles that have a criminal
history. For the purpose of this Agreement, the term "criminal history" shall include: (1)
current felony or misdemeanor probation or parole; (2) a felony conviction or deferred
adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred
adjudication within the past five years.
ARTICLE X
EQUAL OPPORTUNITY
10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant
for employment because of race, color, religion, sex or national origin including but not
limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-
off or termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship. The Service Provider agrees to post in conspicuous places,
VOt, 16 6 Pg. l 7 1
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2012 — August 31, 2014
available to employees and applicants for employment, notices to be provided setting forth
the provision of this non - discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the
Service Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XI
OFFICIALS NOT TO BENEFIT
11.01 No officer, employee or agent of juvenile Probation and no member of its governing body and
no other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this
Agreement or the proceeds thereof.
ARTICLE XII
DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT
12.01 juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms,
and in either of these two circumstances after receiving notice of default, Service Provider
does not cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the
parties agree to negotiate in good faith in an effort to resolve any disputes related to this
contract that may arise, no matter when the dispute may arise. If a dispute cannot be
resolved by negotiation, the dispute shall be submitted to mediation before the parties
resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and the parties shall pay the costs of mediation services equally.
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief.
E. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief. All notices
required under this Agreement shall be in writing. They shall be sent by fax or by registered
U.S. mail, return receipt requested, to the party at the addresses listed below. A party must
provide notice of a change of address during the term of this Agreement. Unless specified
otherwise, notice required in this Agreement shall be deemed to have been received when
actually receive.
Vol. p / 7A
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2012 — August 31, 2014
4M Youth Services, Inc. Brazos County
696 N FM 487 1904 Hwy 21 W
Rockdale, Texas 76567 Bryan, TX 77803
F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of the Agreement.
G. The parties intend that, in construing and enforcing the provisions of the Agreement,
mediators and judges shall give maximum effect to the principles of contractual freedom
and contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or unenforceable, this
finding shall not affect the validity or enforceability of any other provision of the
Agreement.
I. No express or implied waiver by any party of any right of that party under this Agreement
in any specific circumstance shall be considered to waive that right of that party in any other
circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives,
successors, and assigns.
ARTICLE XIII
TERMINATION
13.01 The term of this Contract shall be for a period of twenty four months from the effective date:
however, if either party feels in its judgment that the contract cannot be successfully continued,
and desires to terminate this contract, then the party so desiring to terminate may do so by
notifying the other party in writing, by certified mail or personal delivery to its principal office,
of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of
Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of
Termination, this contract shall terminate, become null and void, and be of no further force or
effect. Such termination shall not affect or diminish Brazos County's responsibility for
payment of any amounts due and owing at the time of termination of the contract.
Brazos County shall remove at its expense all children placed in the Facility on or
before the termination date.
ARTICLE XIV
INDEMNIFICATION
14.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County
against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful
and negligent act(s) of commission or omission by Service Provider, its agents, servants or
employees arising from activities under this contract. Service Provider shall have no obligation
to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the
County or the County's agents, servants, or employees arising from or related to this contract
for which a claim or other action is made.
V ol. � � � 1'g. 1
Rockdale Regional Juvenile Center
Detention Services Agreement
September I, 2012 - August 31, 2014
ARTICLE XV
REPRESENTATIONS & WARRANTIES
15.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and
staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its business;
and that there are no taxes due and owing to the State of Texas, the County of Brazos, or
any political subdivision thereof;
C. Service Provider will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider. Certified copies
of original insurance policies shall be furnished to Juvenile Probation. Furthermore
the Juvenile Probation shall be notified immediately upon any changes in the status
of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile
Probation.
D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will
be properly trained to report allegations or incidents of abuse, exploitation or neglect of a
juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any
applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
ARTICLE XV
TEXAS LAW TO APPLY
16.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Milani County, Texas.
ARTICLE XVI
VENUE
17.01 Exclusive venue for any litigation arising from this Agreement shall be in Milam County, Texas.
ARTICLE XVII
LEGAL CONSTRUCTION
18.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
therein.
ARTICLE XVIII
PRIOR AGREEMENTS SUPERSEDED
19.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral Agreement between the parties respecting the
within subject matter.
Rockdale Regional Juvenile Center
Detention Services Agreement
September 1, 2012 — August 31, 2014
This Contract and Agreement is executed with the declared intention of the parties that this Contract
and Agreement is a contract providing for the care of children who have allegedly committed an act of
delinquency or an act indicating a need for supervision, and payment for such care will be made by
Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile
jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF
AN ORIGINAL.
IN WITNESS WHEREOF, we hereunto affix our signature this day of
� 20–/
Brazos County
Pro 'on Department
r
Chief Juvenile Pr ation Officer
4M Youth Services, Inc.
Tia Co eman-Garrett
Facility Administrator
CB Kunty—
Authorized Personnal
Vol. ! v 1'B• ] -15
STATE OF TEXAS
COUNTY OF BRAZOS
Woodward Youth Coporation
d.b.a Woodward Academy
This Agreement is entered into by and between the Brazos County and Brazos County Juvenile Board, at
the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to
as "Juvenile Probation ") and Woodward Academy, a nonprofit corporation, licensed to provide child care
services by the Texas Department of Family and Protective Services, Texas Department of State Health
Services, Texas Juvenile Justice Department, and /or any other appropriate State agency with licensure or
regulatory authority over this facility ( "Service Provider ").
ARTICLE 1
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
tern residential care for children alleged or adjudicated to have committed delinquent conduct or
conduct indicating a need for supervision.
ARTICLE II
TERM
2.01 The tern of this Agreement is for twelve (12) months, commencing September 1, 2012, and
ending August 31, 2013. It shall be automatically renewed for one year terms thereafter,
commencing September l and ending August 31 , unless one party notifies the other in writing,
at least thirty (30) days prior to the expiration of said term, of its intention to not renew this
Agreement.
2.02 The terms of this Agreement shall be extended until such tune as all services which have been
requested by Juvenile Probation, and are pending on the tennination date in section 2.01 above,
have been performed.
ARTICLE IiI
SERVICES
3.01 Service Provider will provide the appropriate levels of service as defined below:
A. Basic Level
i. Adequate functioning in all developmental and /or environmental areas; there may be
transient difficulties, "every-day" worries, and occasional misbehavior, but would be
regarded as a normal child; responds to "normal' discipline.
The caregiver provides a routine home environment with guidance and supervision to
meet the needs of the child; or
No more than occasional problems in functioning in any area; some acting out
behavior in response to life stresses, but those are brief and transient, minimally
disturbing to others, and not considered deviant by those who know the child. The
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Woodward Academy
Residential ervicese gre
September 1, 2012- August 31, 2013
caregiver provides a routine home environment with supplemental guidance and
discipline to meet the needs of the child.
B. Moderate Level
i. Frequent or repetitive minor problems in one or more areas; may engage in non-
violent antisocial acts, but is capable of meaningful interpersonal relationships,
requires supervision in structured supportive setting with counseling available from
professional or paraprofessional staff, or
ii.. Substantial problems; child has physical, mental, or social needs and behaviors that
may present a moderate risk of causing harm to self or others, poor or inappropriate
social skills, frequent episodes of aggressive or other antisocial behavior with some
preservation of meaningful social relationships, requires treatment program in a
structured supportive setting with therapeutic counseling available by professional
staff.
C. Specialized Level
i. Severe problems; unable to function in multiple areas; sometimes willing to
cooperate when prompted or instructed; but may lack motivation or ability to
participate in personal care or social activities or is severely impaired in reality
testing or in communications; may exhibit persistent or unpredictable aggression, be
markedly withdrawn and isolated due to either mood or thought disturbance, or make
suicidal attempts; presents a moderate to severe risk of causing hann to self or others;
requires 24 -hour supervision by multiple staff in limited access setting.
D. Intense Level
i. Very severe impairrnent(s), disability or needs; consistently unable or unwilling to
cooperate in own care; may be severely aggressive or exhibit self- destructive
behavior or grossly impaired in reality testing, communication, cognition, affect, or
personal hygiene; may present severe to critical risk of causing serious harm to self
or others; needs constant supervision (24 -hour care) with maximum staffing, in a
highly structured setting.
E. Emergency Shelter
i. Provide twenty-four (24) hour care and supervision for those children requiring 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 adults, 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 furloughs, major
incidents and worker contacts. Any and all costs associated with off - campus visits or
furloughs will be paid by the parent or guardian.
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_ Woodward Academy
e�ewttaf7SeMces 2treemen
September 1, 2012- August 31, 2013
C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile
Probation staff and contracted children for the purpose of justifying continued placement.
Justification will be done at a minimum of every ninety (90) days. A copy of the placement
justification will be submitted to the Placement Supervisor within ten (10) working days.
D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the
Placement Supervisor are notified if a child in placement makes an unauthorized departure,
becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents
will be informed immediately if during working hours. After normal working hours, the
Juvenile Detention Center will be notified as well as the parents. In the event of serious
illness or accident and for any required follow -up care Service Provider shall be responsible
for having the child transported to the nearest hospital or emergency care facility.
E. Provide to Juvenile Probation's Placement Supervisor a written Individualized
Treatment/Case Plan developed in concert with the client and mutually agreed upon by the
appropriate Service Provider staff and the Probation Officer within thirty (30) days of
placement. Said Individualized Treatment/Case Plan shall include measurement of progress
toward goals in the following nine (9) domains: medical; safety and security; recreational;
educational; mental /behavioral health; relationship; socialization; permanence; parent and
child participation.
F. Initiate and document meetings to review the Individualized Program Plan with the child and
the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90)
days, to assess the child's progress toward meeting goals set forth, making modifications
when necessary, and determining the need for continued placement outside of the child's
natural home. The Individualized Program Plan shall contain the reasons why the placement
may benefit the client; shall specify behavioral goals and objectives being sought for each
client; shall state how the goals and objectives are to be achieved in the placement; shall state
how the parent(s), guardian(s), and, where possible, grandparents and other extended family
members will be involved in the program plan to assist in preventing or controlling the child's
objectionable behavior.
G. Maintain copies of the original Individualized Program Plan and the periodic reviews.
H. Provide the Placement Supervisor with a written report of the child's progress on a monthly
basis in a Monthly Progress Report.
I. Document and maintain records of all goods and services provided to contracted children.
These records shall contain, but are not limited to: hours of service provided, number of
children served, average length of stay per client, total hours of counseling or treatment
provided. These records shall be made available to Juvenile Probation for periodic
inspection.
Page 3 of 19 ' 7 A
Woodward Academy
Residential ervices Agreeinew
September 1, 2012- August 31, 2013
J. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not e`imitedto:
percentage of youth in program successfully achieving set educational goals, percentage of
youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations made
by the Department of Family and Protective Services or any law enforcement agency due to
reports of abuse and /or neglect. These records shall be made available to Juvenile Probation
for periodic inspection.
K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as
clothing, or other expenses not provided for in Service Provider's program, shall be the sole
responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to
be paid by either personal payment, health insurance or Medicaid coverage. However in no
case shall a child be denied any needed medical /psychiatric treatment or clothing due to the
inability io pay.
3.03 Service Provider will provide or perform the following:
A. DAILY LIVING SKILLS
1. The Service Provider shall teach each child basic living and social skills such that they are able to
appropriately care for themselves and function in the community.
B. ASSESSMENT, SERVICE PLANNING AND COORDINATION
1.) Diagnostic Assessment. The Service Provider shall ensure completion of a diagnostic assessment on
each child within 30 days of admission. The assessment must address the child's strengths and needs
in the following areas: physical, psychological, behavioral, farnily, social and educational.
2.) Service Planning and Coordination.
i. The Service Provider shall develop, coordinate h I and specific needsservice plan that addresses the
services that will be provid ed to
ii. The Service Provider shall develop a service plan in accordance with the requirements
contained in TJJD- FED -29 -04 Section 500 (Casework and Support Services) and Section 501
(Service Plans).
iii. The Service Provider shall ensure that the service plan incorporates and is consistent with:
a. Pennanency goals identified in the juvenile probation department residential case plan;
b. Behavioral goals established by the juvenile probation department;
C. Components of the child's Individual Education Plan (IEP) and the individual Transition
Plan (ITP) that are both developed by the school's Admission, Review, and Dismissal
(ARD) committee, if appropriate; and
d. Components of the CPS transition plan for youth ages 16 -22 which Prep ration
for Adult Living (PAL), Education and Training Vouchers (ETV) and other re
services and support for youth who are currently in foster care or transitioning out of care.
Additional infonnation is located at
htt : / /Nnvw.df s.state.tx.us /Child Protection/Transitional Livin default.as .
// Page 4 of 19
Vol. t�2 p �7, C
Woodward Academy
Resid,i)_76i7 erwce grePmen
September 1, 2012 - August 31, 2013
iv. The Service Provider shall ensure that the service plan includes services to assist a child to
transition to a new living arrangement or to new provider services, if applicable.
C'. ROUTINE 24 -HOUR CHILDCARE
l.) Food.
i. The Service Provider shall provide food in accordance with requirements of DFPS Child Care
Licensing Minimum Standards.
ii. The Service Provider shall ensure that each child receives, fresh fruits, vegetables and dairy
products at least once a day.
iii. The Service Provider shall ensure that children have input into meal planning. .
2.) Clothing and Personal Items.
i. The Service Provider shall maintain an inventory of the child's clothing and personal items that
are of substantial and /or sentimental value by:
,,;.. .
a. Completing an inventory of clothing and Personal items at admission, as additions
clothing and personal items are purchased or provided, and at discharge for a planned
discharge and within thirty (30) days after an unplanned discharge;
b. Ensuring that the.cliild (when age and developmentally able) and the Service Provider's
staff sign and date the clothing and personal item inventory, except when the clothing and
personal item inventory is completed after an unplanned-,discharge;
C. Sending the clothing and personal item inventory with .the probation officer or other
department designee at discharge for planned discharges; and
d. Providing the juvenile probation department with the clothing and personal item inventory
within thirty (30) days after an unplanned discharge.
ii. The Service Provider shall provide each child with appropriate clothing that at a minimum is:
b. in sufficient quantity to ensure an adequate amount of the following: .t- shirts, undershirts,
underwear, bras shoes, pants, shirts, skirts, blouses, coats /jackets, sweaters,
pajamas, shorts; and other clothing necessary for a.child to participate in daily activities;
C. Gender and age - appropriate;
d. Proportionate to the child's size;
e. In good condition, and is not worn-out with .holes or tears (not interided by the
manufacturer to be part of the item of clothing); and
f. Clean and washed on a regular basis.
in. The Service Provider shall allow children to label their clothes with their name or initials.
iv. The Service Provider shall provide. each child with appropriate items necessary to meet their
hygiene and personal grooming needs by:
a. Making grootning products available so that each child is ,able to maintain good, hygiene and
grooming . practices
t each child's ethnic hygiene and individual hair care
b. Ensuring that grootning products mee
needs;
c. Ensuring sufficient hot water is available for daily baths or showers; and
d. Providing training/education as necessary to ensure each child understands the concepts of
personal hygiene and grooming and what they need to do on a daily basis to achieve and
maintain good hygiene and grooming.
3.) Room, Board, and Furnishings.
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Wood`ivard Academy
Res iderrtraT ervrce`s Agrezmen
September 1, 2012- August 31, 2013
i. The Service Provider shall provide each child with a bed, sheets, towels, blankets,
bedspreads, pillows, mattresses and other furnishings necessary to meet the child's needs. The
Service Provider shall ensure that the items be kept clean and in good repair.
ii. The Service Provider'shall ensure that children have personal storage space for their clothing
and possessions. The Service Provider shall provide children, who are able to look after their
own needs,, with individual storage space in their bedrooms for clothing and possessions.
The Service Provider shall provide behavioral, gender and age appropriate living
arrangements 'for each child;:with the exception of sibling groups', where appropriate, in
accordance with DFPS' Child_ Care Licensing Minimum Standards.
D. DISCIPLINE AND CRISIS MANAGEMENT
l.) Discipline.
i. The Service Provider shall use appropriate authority and discipline practices as necessary to set
limits for behavior and help each child develop the capacity for self - control; and
ii. The Service Provider shall develop and implement discipline and emergency behavior
intervention policies.that are consistent with DFPS Child Care Licensing Minimum Standards
at: littp / /www dfps state' /Child Care /Child Care Stan dards and Re ulations /default.asp
and the Texas Administrative Code,, including, but not limited to, the follow
a.
The Service Provider shall use, give permission to use, or threaten.to
use physical discipline with any child.
b Tlie .Service Provider shall not threaten, the child with loss of visits with
family or siblings.as a punishment or deterrent to behavior.
C The Service Provider shall not threaten the child with loss of placernent as
a punishment or deterrent to behavior.
2.). De- Escalation and Crisis,Management.
i. The Service Provider, shall ensure that all de- escalation techniques are exhausted before utilizing
more restrictive.and intrusive behavior management or emergency behavior intervention.
It. The Service Provider shall utilize developmentally and age appropriate emergency behavior
intervention techniques; as described in DFPS Child Care Licensing Minimum Standards to
resolve emergencies.
iii. The Service Provider shall manage the facility and milieu in a manner that minimizes disruption
during a crisis.
E. EDUCATIONAL AND VOCATIONAL ACTIVITIES
1.) Educational Activities.
i. The Service Provider.shall ensure that each school -aged child placed with the Service Provider
pursuant to, this Contract' attends an educational program accredited by the Texas Education
Agency ( "TEA "). The Service Provider may request an exception to this requirement from the
juvenile probation-departinent. The Chief Juvenile-Probation Officer, or his/her designee may
approve the exception request,, and such approval must be in writing.
ii. Not later than the third (3r calendar day after the date a child is placed in a residential facility,
the Service Provider shall notify the school district in which the facility is located.
iii. The Service Provider shall rnaintain-and update an education portfolio for each child in the
Service Provider's care. The contents of the education portfolio must include, if appropriate:
a. School-enrollment documents — birth_ certificate, Social Security card, immunizations, and
withdrawal notice from the last school;
_,'e(. Page 6 of 19 I
VoL 167 pg.
Woodward Academy
Residentia erwces A9re�m
September 1, 2012- August 31, 2013
b. Special Education documents — Admission, Review & Dismissal (ARD) team meeting notes,
Individual Education Plan (IEP), Section 504 documents, full individual evaluation and/or
other diagnostic assessments;
c. Report cards, progress reports, and /or IEP progress reports;
d. Transcripts;
e. Standardized test result — TAKS /SDAA /LDAA;
f. Referrals, notices or other correspondence;
g. Pictures;
h. Miscellaneous — anything school related not previously listed.
iv. The Service Provider shall make the education portfolio readily available to the juvenile
probation department on any visit with the child or otherwise, if requested.
v. The Service Provider shall document that the report card and progress reports are discussed with
each child.
vi. The Service Provider shall provide the child's education portfolio to the juvenile probation
department at the time a child is discharged from the Service Provider's care regardless of
whether the discharge is a planned or an unplanned discharge. The Service Provider must
ensure the following:
and records are in each child's education portfolio;
a. The most current educational documents
and
b. The child's education portfolio includes the child's current school withdrawal paperwork.
vii. The Service Provider shall minimize disruptions to a child's education by scheduling therapy
and other appointments outside school hours, whenever possible.
2.) Vocational Activities. The Service Provider shall provide vocational training, support services,
activities and skills training (including job readiness), apprenticeships and vocational training
opportunities such that each child:
i, Has access to appropriate vocational activities and community education programs;
ii. Receives the assistance needed to maximize the benefit of these activities; and
iii Is provided transportation to vocational activities.
F. ROUTINE RECREATIONAL ACTIVITIES
1) The Service Provider shall provide recreational activities such as indoor, outdoor, school, community
and religious or spiritual activities for children served under this Contract that are age- appropriate,
varied, and are of interest to the child.
2) The Service Provider shall ensure that recreational activities are, at a minimum, supervised in
accordance with DFPS Child Care Licensing Minimum Standards and service level requirements
contained in the Levels of Care Descriptions (TJJD- FED- 28 -0
3) The Service Provider shall intervene, as necessary, to reduce the risk and occurrence of any and all
injuries.
that children have input into tine types of recreational activities r
4) The Service Provider shall ensure ill
which they wish to participate.
G. 'TRAVEL
1) The Service Provider shall provide or arrange all travel necessary to ensure a child's access to all
necessary medical, mental and vision care for each child, including behavioral healthcare services,
recreational, school and school activities, family visits, court hearings, Preparation for Adult Living
(PAL) activities, pennanency conferences, transition plan meetings, family group conferences,
circles of support conferences, and any other services necessary to fulfill the tasks on a child's
service plan.
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September 1, 2012- August 31, 2013
2) A Service Provider who is licensed as a CPA shall arrange and facilitate sibling visits when siblings
are at different placements within the same CPA unless the sibling visits are:
i. Prohibited by court order;
ii. Contrary to the best interest of the children as reflected in any of the service plans of the
siblings; or
ill. Discouraged by a mental health professional treating any of the siblings.
H. CULTURAL COMPETENCE
1) The Service Provider shall provide the contracted components of care with a high level of individual
and organizational cultural competence as described below:
A) Individual Cultural Competence — The knowledge, skill or attribute one has relative to cultures other
than his /her own, that is observable in the consistent patterns of an individual's behavior, interaction
and work related activities over time, which contributes to the ability to effectively meet the needs of
children and families receiving services.
B) Organizational Cultural Competence — A set of values, behaviors, attitudes and practices within a
system, organization, program or among individuals, which enables staff and volunteers to work
effectively with children and families from other cultures. Furthermore, it refers to the staff's ability
to honor and respect the beliefs, language, interpersonal styles and behaviors of individuals and
families receiving services.
I. SERVICE PROVIDER PARTICIPATION
1) The Service Provider shall participate in conferences required by the juvenile probation department
which include but are not limited to, medical, school, case planning, permanency planning, transition
planning, and legal staffing's.
2) The Service Provider shall participate in Preparation for Adult Living (PAL) activities, consistent with
the child service or transition plan.
3) The Service Provider shall participate in any other meetings required by the juvenile probation
department or a court having jurisdiction over the child and necessary to ensure that the Service
Provider is complying with a child's service plan.
1. MAINTAINING CONNECTIONS
1) The Service Provider shall make a good faith effort to ensure that children are able to preserve desired
and appropriate connections to his or her own cultural identity and community, including
religious /spiritual, family, school, and appropriate organizations through on -site or off -site means.
2) The Service Provider shall document all good faith efforts to maintain the child's connections.
K. PROVIDING TESTIMONY
t) The Service Provider shall ensure that Service Provider's employees and subcontractors appear and
testify in judicial proceedings, depositions and administrative hearings relating to a child, at the
request of the juvenile probation department.
2) The Service Provider shall, to the extent possible, notify, and /or assist the juvenile probation
department in locating, past employees or subcontractors when past employees or subcontractors
Providers are needed to appear and testify in accordance with this subsection. The Service Provider is
responsible for the cost associated with the requirements of this subsection.
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Woodivard Academy
Residential Services Agreement
September 1, 2012- August 31, 2013
L. LEAST RESTRICTIVE SETTING
1) The Service Provider shall provide all services in a manner that safeguards the health, welfare and
safety of the children in the least restrictive setting possible.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section_ Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the tenns 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 fi
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures.(in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their placement as a
successful discharge.
2. Percentage of children who have completed placement and not re- referrals within six (6)
months after release.
3. Percentage of children who move down in their Level of Care.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing
output and outcome measures. These reports will be reviewed by Juvenile Probation in order to
monitor Service Provider for programmatic compliance with this Agreement.
ARTICLE V
COMPENSATION
5.01 For and in consideration of tine above - mentioned services, Juvenile Probation agrees to pay
Service Provider not more
of rates set bythe Texas Health an Care
d Human Services a
accordance with schedule s
Page 9 of 19 c
Vol. to ] p g. O
Woodward Acode
Residential Services Agreement
September 1, 2012- August 31, 2013
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 Business Manager 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 as
soon as such reduction is deemed practical by Service Provider, based upon im m n
proveents i the
child's attitude and behavior.
5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical 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 Probation
determines that the appropriate Level of Care should be or should have been lower, Service
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 been 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 am measures. Service the child was not successfully discharged
Service Provider sl all fully coope
ate n these
the program as set forth in the p gr
efforts.
5.04 Service Provider will submit an invoice i Said invoice shall be subni tted within Juvenile
(10) working
Business Manager on a monthly
days following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: hours worked, to be attributed to specific
clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly
cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to
monitor Service Provider for financial compliance with this Agreement. invoices submitted by
Service Provider ill proper fora shall be paid by Juvenile Probation in a timely manner.
5.05 Service Provider must use its best ffo� ate and complete omplete obtain all
ry appropriate Medicaid application
sources for eligible children. It must
and complete all necessary documentation to obtain reimbursement for children who may be
eligible for Medicaid. Any income received by Service Provider toward the support of a child
from. sources other than this Agreement, ntcontributions from parents or others u limited mul be documented as to
medical insurance coverage, or co
each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile
Probation. Documentation must include the narne(s) and SiD numbers of the parties receiving
the services, the dates and times services were provided and such other information deemed
necessary for adequate fiscal control.
5.06 In order to avoid duplicate
payments Probation, r
receiv receiving agency will to bill Juvenile Probation on
under contract with Juvenile
day the child is transferred into the prograrn; the releasing agency will not bill Juvenile Probation
for the last day of care.
// P -- age 10 of 19
6
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_ Woodward Academy
Residential Sen;ices Agreeinen
September 1, 2012- August 31, 2013
5.07 Services which are not directly addressed by this Agreement must be submitted for approval with
associated billing for reimbursement from Juvenile Probation.
5.09 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or
business entity named in this Agreement, bid, or application is not ineligible to receive the
specified grant, loan, or payment and acknowledges that this Agreement may be terminated and
payment may be withheld if this certification is inaccurate.
5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to
Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and
expenditure of all funds received from Juvenile Probation, and shall adhere to Generally
Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds.
5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Business Manager. Service Provider will not contact other department employees
regarding any claims of payment.
5.11 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 finds to meet said obligations.
ARTICLE V I
ADDITIONAL TERMS AND AGREEMENTS
6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile
Probation to be referred for placement in Service Provider's facility.
6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away
from the residential setting of Service Provider, such as weekends and holidays, and that Service
Provider must retain space for the client until his /her return. To this end, Juvenile Probation
agrees to pay Service Provider the full amount due for such regularly scheduled days away from
the residential setting or its program, provided they do not exceed ten (10) days per client and that
prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the
first ninety (90) days of placement, or until the completion of the first Individualized Program
Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed
space constitutes days away from the facility. individualized Program Plans may warrant
additional days away from the residential setting if approved in writing by Juvenile Probation;
however, any additional days away from the residential setting will not be charged to Juvenile
Probation.
6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any
medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as
clothing or other expenses not provided for in Service Provider's program.
6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at
its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for
placement in that program.
Page 11 0 19
Vol. �_ Pg.
Woodward Academy
Residential Services Agreen7eni
September 1, 2012- August 31, 2013
6.06 Juvenile Probation is under no obligation to place any child with Service Provider.
6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile
Probation policies, and Texas Juvenile Justice Department standards pertinent to services
provided under this Agreement.
6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery
of tests included in the evaluation is older than six (6) months prior to admission, a clinical
interview performed within six (6) months prior to admission shall be submitted with an updated
diagnosis and prognosis.
6.09 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.
6.10.1 If a client makes all unauthorized departure from the Service Provider, Juvenile Probation shall be
notified immediately. If the client returns to the Service Provider within ten (10) days or prior to
the last billing day of the month, whichever shall occur first the Service Provider shall receive
payment for those days the client was absent from the Service Provider, but not to exceed ten (10)
days payment.
ARTICLE VII
EXAMINATION OF PROGRAM AND RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program
of services provided under the terns 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.
7.02 Service Provider shall provide
o
to Juvenile Probation such descriptive information on contracted
children as requested on form provided by
7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to an authorized representative of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses of
this Agreement.
7.04 Service Provider shall retain and make available to Juvenile Probation all financial records,
supporting documents, statistical records, and all other records pertinent to the Agreement for a
minimum of three (3) years, or until any pending 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 services related
to this Agreement.
7.05 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
Page 12 of 19
VOI. Pg.
Woodward Academy
Residential Services Agreement
September 1, 2012- August 31, 2013
with the State Auditor's Office or its successor in the conduct of the audit or investigation,
including providing all records requested. Service provider will ensure that the foregoing clauses
.concerning the authority of the State of Texas to audit and the requirement to cooperate is
included in any subcontract or arrangement Service Provider enters into in which funds received
under this Agreement form all or part of the consideration.
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be required
by law. Service Provider shall agree to the terns and sign the Business Association Agreement
attached as Exhibit "B" and incorporated herein by reference.
ARTICLE IX
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegation or incident of abuse, exploitation or neglect of any child (including but not limited
to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the
time the allegation is made, to all of the following:
A. Local law enforcement agency;
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile
number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling
toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call); and
C. Brazos County Juvenile Probation Department to facsimile number (979) 823 -4211
(ATTN: Executive Director).
ARTICLE X
DISCLOSURE OF 17.1FORMATON
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative
duty under this Agreement to promptly ascertain and disclose in sufficient detail this same
information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or
p g.— e��
Vol. Page 13 of 19 LJ
odwar_d.Acadeal
Residential Services Agreement
September 1, 2012- August 31, 2013
consultant of Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. It will not unlawfully discriminate against any employee, prospective employee, child,
childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin.
Service Provider shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising
out of this Agreernent 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 body and no
other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or
any part of this Agreement, as it deems appropriate, in any one of the following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
Page 14 of 19
Vol. 1(9 Pg.
udivard
Residential Services Agreement
September 1, 2012- August 31, 2013
B. If Service Provider fails to perform any of the other material provisions of this A greement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
C. in either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
14.02 Any default by Service Provider, regardless of whether the default results in termination, will
jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may
result in the refund of compensation received under this Agreement.
ARTICLE XV
TERMINATION
15.01 This Agreement may be tenninated:
A. By either party upon ten (10) days written notice to the other party of the intention to
terminate; or
B. Upon expenditure of available funds.
15.02 if at any time during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
ARTICLE XVI
WAIVE OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or
rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile Probation.
ARTICLE XViI
INDEMNIFICATION
17.01 it is further agreed that Service Provider will indemnify and hold harmless Brazos County and
Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising
out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents,
servants, or employees arising from activities under this Agreement. Service Provider shall have
no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any
act(s) of commission or omission of Brazos County's and Juvenile Probation's agents, servants,
or employees arising from or related to this Agreement for which a claim or other action is made.
ARTICLE XVIII
SOVEREIGN IMMUNITY
18.01 This Agreement is expressly made subject to Brazos County's Sovereign immunity, Title 5 of the
Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties
Vol. _ Page / S / �j p l
Woodiv rd Academy
Residential ServicBs Agreemen
September 1, 2012- August 31, 2013
expressly agree that no provision of this Agreement is in any way intended to constitute a waiver
or any immunities from suit or from liability that the Brazos County has by operation of law.
Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE X1X
REPRESENTATIONS & WARRANTIES
19.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses
and staff certifications to provide the type(s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operation of its
business; and that there are no taxes due and owing to the State of Texas, any County in
the State of Texas, or any political subdivision thereof;
C. That it carries sufficient insurance to provide protection to Juvenile Probation under the
indemnity provisions, as well as for any potential liabilities that arise from or related to
this Agreement and in amounts not lower than:
1. Statutory workers compensation in accordance with the State of Texas
requirements.
2. Comprehensive general liability including owners and contractor's protective
liability insurance for bodily injury, death, or property damages in the
following amounts:
COVERAGE PER PERSON PER OCCURRENCE
a. Premises and product liability $300,000 $300,000
b. Aggregate policy limits $300,000
Comprehensive automobile and truck liability insurance (covering owned, hired
and non -owned vehicles):
COVERAGE PER PERSON PER OCCURRENCE
a. Bodily injury $300,000 $300,000 (including death)
b. Property damage $300,000 $300,000
c. Aggregate policy limits $300,000
All policies must provide, by endorsement to the policy that thirty (30) days prior written notice
of cancellation or material change in coverage be given to the Risk Manager of Brazos County, Texas.
Coverage provided must be on an occurrence basis. No policy submitted shall be subject to limitations,
conditions, or restrictions deemed inconsistent with the intent of the insurance requirements lcontained in
this Agreement. All policies shall be written through a company duly entered and authorized. to transact
that class of insurance in the State of Texas. and
D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants
will be properly trained to report allegations or incidents of abuse, exploitation or neglect
of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and
Pa e 6 9
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Residential Servi
September 1, 2012- A
Academy
31, 2013
any applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
E. Service Provider warrants that it shall name Brazos County, its agencies, officers and
employees, as an additional insured(s) on all current general and automobile liability
policies it procures in support of this Agreement.
ARTICLE XX
TEXAS LAW TO APPLY
20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Brazos County, Texas.
ARTICLE XXI
VENUE
21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos Coulity, Texas.
ARTICLE XXII
LEGAL CONSTRUCTION
22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained therein.
ARTICLE XXIiI
PRIOR AGREEMENTS SUPERSEDED
23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any
prior understandings or written or oral Agreement between the parties respecting the within
subject matter
ARTICLE XXIV
AMENDMENT
24.01 Juvenile Probation may amend, modify or alter the terns of this Agreement an',d specify an
effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated
subsequent to the date hereof, of such changes and their effective date. Continuation of services
after the effective date by Service Provider will signify its acceptance of these changes. If
Service Provider declines to accept changes made by Juvenile Probation, Service Provider may
tenninate this Agreement subject to the conditions herein.
VOI.
P /�& $•
f 19 P C l r
ail' • � �u::: `d:,itt.•• • I
Residential Services! Agreement
September 1, 2012- August 31, 2013
EXECUTED IN DUPLICATE [or TRIPLICATE — see below], EACH OF WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF AN ORIGINAL.
BRA S COUN
Duane Peters, County Judge
And zos County J enile Board Chairman
M "��
Doug Vance, % Executive Director
Brazos County Juvenile Services
SERVICE, PROVIDER
Authorized Signature
PRINTED name of person signing this contract
PRINT FACILITY NAME AND ADDRESS:
Woodward Academy
1251 334' Street
Woodward Iowa 50276
PRINT BILLING NAME AND ADDRESS:
Woodward Academy
1251 334' Street _
Woodward Iowa 51632
PRINT NAME OF BILLING CONTACT PERSON:
Jill Reed
CPS LICENSING REPRESENTATIVE:
Dixey Dupey
Date
Date
Da to
Title
FACILITY TELEPHONE NUMBER:
(515) 438 - 3481
BILLING TELEPHONE NUMBER:
(515) 438 -3338
FEDERAL TAX INDENTIFICATION NUMBER:
42- 1459832
CPS TELEPHONE NUMBER:
(515) 281 -4115
Pam of 19
VOL
I 1?3
a
EXHIBIT A
BASIC LEVEL $
$42..1
MODERATE LEVEL $
$96.17
SPECIALIZED LEVEL $
$13.8.25
INTENSE LEVEL $
$242.85
EMERGENCY SHELTER $
$115-44
Page 19 of 19
v01. Pg.
STATE OF TEXAS
COUNTY OF BRAZOS
Clarinda Youth Corporation
d.b.a Clarinda Academy
This Agreement is entered into by and between the Brazos County and Brazos County Juvenile Board, at
the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to
as "Juvenile Probation ") and Clarinda Academy, a nonprofit corporation, licensed to provide child care
services by the Texas Department of Family and Protective Services, Texas Department of State Health
Services, Texas Juvenile Justice Department, and /or any other appropriate State agency with licensure or
regulatory authority over this facility ( "Service Provider ").
ARTICLE 1
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
term residential care for children alleged or adjudicated to have committed del inquent',conduct or
conduct indicating a need for supervision.
ARTICLE II
TERM
2.01 The tern of this Agreement is for twelve (12) months, commencing September 1, 2012,, and
ending August 31, 2013. It shall be automatically renewed for one year terns thereafter,
commencing September 1 and ending August 31 unless one party notifies the other'',in writing,
at least thirty (30) days prior to the expiration of said teen, 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', been
requested by Juvenile Probation, and are pending on the termination date in section 2.01 above,
have been performed.
ARTICLE III
SERVICES
3.01 Service Provider will provide the appropriate levels of service as defined below
A. Basic Level
i. Adequate functioning in all developmental and /or environmental areas; there may be
transient difficulties, "every-day" worries, and occasional misbehavior, but would be
regarded as a nonnal child; responds to "normal" discipline.
The caregiver provides a routine home environment with guidance and supervision to
meet the needs of the child; or
No more than occasional problems in functioning in any area; some acting out
behavior in response to life stresses, but those are brief and transient,'', minimally
disturbing to others, and not considered deviant by those who know the child. The
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caregiver provides a routine home environment with supplemental guidance and
discipline to meet the needs of the child.
B. Moderat Level
i. Frequent.or repetitive minor problems in one or more areas; may engage in non-
violent antisocial acts, but is capable of meaningful interpersonal relationships,
requires supervision in structured supportive setting with counseling ava�lable from
professional or paraprofessional staff; or
Substantial problems child has physical, rental, & social needs and behaviors that
may present a.moderate risk of causing harm to self or others, poor or inappropriate
social skills, frequent episodes of aggressive or other' behavior with some
preservation of meaningful social relationships, requires treatment program in a
structured, supportive setting with therapeutic counseling available by professional
staff.
C. Specialized Level
L Severe problems; unable to function in multiple areas; sometimes '',willing to
cooperate when' prompted or instructed; but may= lack motivation orl ability to
participate in personal care or social activities or is severely impaired in reality
testing or in coin munications; may exhibit persistent or unpredictable aggression, be
markedly withdrawn'and isolated due to either mood or thought disturbance, or make
suicidal attempts; presents a moderate to severe risk of causing harm to self or others;
requires'24 -hour supervision by multiple staff in limited access setting.
D. Intense Level
i. Very severe impairment(s), disability or needs; consistently unable or unwilling to
cooperate in own care; may be severely aggressive or exhibit self = destructive
behavior or grossly impaired in reality testing, communication, cognitiol�, affect, or
personal hygiene; may present severe to critical risk of causing serious harm to self
or others; needs constant supervision (24 -hour care) with maximum staffing, 'in a
highly structured setting.
E. Emergency Shelter
i. Provide twenty- four.(24) hour care and supervision for those children requiring an
alternative to an undesirable, unwholesome or dangerous living arrangemetnt 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 adults, 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 furloughs, major
incidents and worker contacts. Any and all costs associated with off - campus visits or
furloughs will be paid by the parent or guardian.
P age 2of19
4iie = (D Pg. l C
ra Academy
September 1, 2012- Air st 31, 2013
C. Initiate and document meetings and. attempted meetings among Service Provider, Juvenile
Probation staff and contracted children for the purpose of justifying continued placement.
Justification will be done at a minimurn of every ninety (90) days. A copy of the placement
justification will be submitted to the Placement Supervisor within ten (10) working', days.
D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the
Placement Supervisor are notified if a child iii. placement makes an unauthorizedl, departure
becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents
will be informed iiriiiediately if during working hours. After normal. working hours, the
Juvenile Detention Center will be notified as well as the "parents. In the event, of serious
illness or accident and for any required follow -up care Service Provider shall be responsible
for having the chid transported to the nearest hospital or emergency care facility.
E. Provide to Juvenile'• Probation's. Placement Supervisor a written Individualized
Treatment/Case Plan developed in concert with the client and mutually agreed w,pon by the
appropriate .Service Provider staff and the Probation :Officer within thirty (3p) days of
placement. Said Individualized Treatment/Case Plan shall include measurement of progress
toward goals in the following nine (9) domains: medical ; safety and security ; recreational;
educational; mental/behavioral health; relationship; socialization; permanence; ',parent and
chi Id .participation.
F. Initiate and document imeetings to review the Individualized Program Plan with the child and
the assigned Juvenile Probation Officer at reasonable intervals, not to exceed 'ninety (90)
days, to assess the child's progress toward rneeting goals - 'set forth, .making modifications
when necessary, and determining the need for continued placement outside of the child's
natural home. The Individualized Program Plan shall .,contain the reasons why the placement
may benefit the client; shall specify behavioral goals and objectives being sought for each
client; shall_ state how the goals and objectives are to be achieved in the placement; shall state
how the parent(s), guardian(s), and, where possible, grandparents and other extended family
members will be involved in the program plan to assist in preventing or controllin'gy the child's
objectionable behavior.
G. Maintain copies of the original Individualized Program Plan.and the periodic reviews.
H. Provide the Placement Supervisor with a written report of the child's progress on a monthly
basis in a Monthly Progress Report.
1. Document and maintain records of all goods and services provided to contracted children.
These records shall contain, but are not limited to: hours of service provided6 number of
children served, average length of stay per client, total hours of counseling or treatment
provided. ' These records shall be made available to Juvenile Probation for periodic
inspection.
Page 3of19
Clarini$o Academy
September 1, 2012- Augr st 31, 2013
1. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of youth in program successfully achieving set educational goals, percentage of
youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations made
by the Department of Family and Protective Services or any law enforcement agency due to
reports of abuse and /or neglect. These records shall be made available to Juvenile Probation
for periodic inspection.
K. Any and all medical /psychiatric treatment required to meet the needs of the child as well as
clothing, or other expenses not provided for in Service Providers program, shall be the sole
responsibility of said child's parent(s), guardian(s) or coot 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.
3.03 Service Provider will provide or perform the following:
A. DAILY LIVING SKILLS
1. The Service Provider shall teach each child basic living and social skills such that they are able to
appropriately care for themselves and function in the community.
B. ASSESSMENT, SERVICE PLANNING o AND COORDINATION ensure I O mpletion of a diagnostic assessment on
1.) Diagnostic Assessment. The Service
each child within 30 days of admission. The assessment must address the child's strengths and needs
in the following areas: physical, psychological, behavioral, family, social and educational.
2.) Service Planning and Coordination.
i. The Service Provider shall develop, coordinate and implement a service plan that addresses the
services that will be provided to meet each child's specific needs.
ii. The Service Provider shall develop a service plan in accordance with the requirements
contained in TJJD- FED -29 -04 Section 500 (Casework and Support Services) and Section 501
(Service Plans). '
t
iii. The Service Provider shall ensure that the service plan incorporates and is consistent with:
a. Permanency goals identified in the juvenile probation department residential case plan;
b. Behavioral goals established by the juvenile probation department;
C. Components of the child's Individual Education Plan (IEP) and the Individual Transition
Plan (ITP) that are both developed by the schools Admission, Review, and Dismissal
(ARID) committee, if appropriate; and
d. Components of the CPS tray plan lan for youth ages 16 -22 which includes Preparation
for Adult Living (PAL), Education and Training Vouchers (ETV) and other related
services and support for youth who are currently in foster care or transitioning out of care.
Additional information is located at
_ . . [,J Livine/defau
Page 4 of 19
Vol. Lk Pg. l - 1 y
,•1 .
Academy
SepMn7ber 1, 2012- Aug�st 31, 2013•
iv. The Service Provider shall ensure that the service plan includes services to assist a child to
transition to a new living arrangement or to new provider services, if applicable.
C. ROUTINE 24 -14OUR CHILDCARE
The Service Provider shall provide food in accordance with requirements of DFPS Child Care
1.) Food.
MI
Licensing Minimum Standards.
The Service Provider shall ensure that each child receives fresh fruits, vegetables and Idairy
products at least once a day.
The Service Provider shall ensure that children have input into meal planning.
2.) Clothing and Personal Items.
i. The Service Provider shall maintain an inventory of the child's clothing and personal items that
are of substantial and /or sentimental value by:
a. Completing an inventory of clothing and personal items at admission, as additional
clothing and personal items are purchased or provided, and discharge for a planned
discharge and within thirty (30) days after an unplanned discharge;
b. Ensuring that the child ( -when age and developmentally able) and the Service Provider's
staff sign and date the clothing and personal item inventory, except when the clothing and
personal item inventory is completed after an unplanned discharge;
C. Sending the clothing and personal item inventory with the probation officer or tither
depatment designee at discharge for planned discharges; and
d. Providing the juvenile probation department with the clothing and personal item inventory
within thirty (30) after an unplanned discharge.
ii. The Service Provider shall provide each child with appropriate clothing that at a min is:
b. In sufficient quantity to ensure an adequate amount of the following: t- shirts, undershirts,
underwear, bras, socks, shoes, pants, shirts, skirts, blouses, coats /jackets, sweaters,
pajamas, shorts, and other clothing necessary for a child to participate in daily activities;
r
C. Gender and age- appropriate;
d. Proportionate to the child's size
e. In good condition, and is not worn -out with holes or tears (not intended by the
manufacturer to be part of the item of clothing); and
f. Clean and washed on a regular basis.
The Service Provider shall allow children to label their clothes with their name or initials.
iv. The Service Provider shall provide each child with appropriate items necessaryto meet their
hygiene and personal grooming needs by:
min roducts.available so that each child is able to maintain good �rygiene and
a_ Makuig gr oo g p ,
grooming practices;
b. Ensuring grooming products meet each child's ethnic hygiene and individual hair care
needs;
c. Ensuring sufficient hot water is available for daily baths or showers; and
d. Providing training/education as necessary to ensure each child understands the cncepts of
personal hygiene and grooming and what they need to do on a daily basis to achi eve and
maintain good hygiene and grooming.
3.) Room, Board, and Furnishings.
Page S of 19
� ::�ry. t VO_i • ++
Pg.
Clarind� Academe
September 1, 2012- Augu�t 31, 2013
The Service Pro
vider shall provide each child with a bed, sheets, towels, blankets,
i_
bedspreads, pillows, mattresses and other furnishings necessary to meet the child's need _ The
Service Provider shall ensure that the items be kept clean and in good repair.
ii. The Service Provider shall ensure that children have personal storage space for thei_ clothing
Provider shall provide children, who are able to look afte� their
and possessions. 'The Service p
own needs, with individual storage space in their bedrooms for clothing and possessions.
The Service Provider shall provide behavioral, gender and age appropriate living
arrangements for each child, with the exception of sibling groups, where appropriate, in
accordance with DFPS Child Care Licensing Minimum Standards.
D. DISCIPLINE AND CRISIS MANAGEMENT
1.) Discipline.
i. The Service Provider-shall use appropriate, Authority and discipline practices as necessary to set
limits for behavior and help each child develop the capacity for self - control; and
ii. The Service Provider shall develop and implement discipline and emergency behavior
intervention policies that are consistent with DFPS Child Care Licensing Minimum Standards
�.., a,.•a, gnri RPa„latinns /default
at: r�..•• •.,•••_. - -- - -- - j
and the Texas Administrative Code, including, but not limited to, the following:
eaten to
a,
The Service Provider shall not use, give permission to use, or th
use physical discipline with any child.
The Service Provider shall not threaten the child with loss of visits with
b
family or siblings as a punishment or deterrent to behavior.
C. The Service Provider shall not threaten the child with loss of pli4cement as
a punishment or deterrent to behavior.
2.) De- Escalation and Crisis Management.
i. The Service Provider shall ensure that all de- escalation techniques are exhausted befgre utilizing
more restrictive and intrusive behavior management or emergency behavior interventjion.
ii. The Service Provider shall utilize developmentally and age appropriate emergency b havior
intervention techniques; as described in DFPS Child Care Licensing Minimum Stand rds to
resolve emergencies.
lity acid milieu in a manner that minimizes disruption
iii. The Service Provider shall manage the faci
during a crisis.
E. EDUCATIONAL AND VOCATIONAL ACTrV1TIES
1.) Educational Activities.
i. The Service Provider. shall ensure that each school -aged child placed with the Service Provider
pursuant to this Contract attends an educational program accred by the Texas Education
accredited
Agency ( "TEA "). The Service Provider may request an exception to this requirement from the
juvenile probation department. The Chief Juvenile Probation Officer, or his /her des gnee may
approve the exception request, and such approval must be in writing.
ii. Not later than the third (3` calendar day after the date a child is placed in a residential facility,
the Service Provider shall notify the school district in which the facility is located.
rn.
The Service Provider shall maintain and update an education portfolio for-each child in the
Service Provider's care. The contents of the education portfolio must include, if appropri
a. School enrollment documents — birth certificate, Social Security card, immunizations, and
withdrawal notice frorn the last school;
6
P
�,; 1. Vol. g.
Clorin I o Academy
Residentiol- Servic Agreement_
September 1, 2012 -Au st 31, 2013
b. Special Education documents — Admission, Review & Dismissal (ARD) team meeting notes,
Individual Education Plan (IEP), Section 504 documents, full individual evaluation and /or
other diagnostic assessments;
c. Report cards, progress reports, and /or 1EP progress reports;
d. Transcripts;
e. Standardized test result — TAKS /SDAA /LDAA;
f. Referrals, notices or other correspondence;
g. Pictures;
h. Miscellaneous — anything school related not previously listed.
iv. The Service Provider shall make the education portfolio readily available to the juvenile
P department on any visit with the child or otherwise, if requested.
v. The Service Provider shall document that the report card and progress reports are discussed with
each child.
vi. The Service Provider shall provide the child's education portfolio to the juvenile probation
department at the time a child is discharged from the Service Provider's care regardless of
whether the discharge is a planned or an unplanned discharge. The Service Provider'',must
ensure the following:
a. The most current educational documents and records are in each child's education) portfolio;
and
b. The child's education portfolio includes the child's current school withdrawal pap�rwork.
vii. The Service Provider shall minimize disruptions to a child's education by schedulin therapy
and other appointments outside school hours, whenever possible.
2.) Vocational Activities. The Service Provider shall provide vocational training, support ser 'ices,
activities and skills training (including job readiness), apprenticeships and vocational training
opportunities such that each child:
i. Has access to appropriate vocational activities and community education program;
ii. Receives the assistance needed to maximize the benefit of these activities; and
iii Is provided transportation to vocational activities.
F. ROUTINE RECREATIONAL ACTIVITIES
1) The Service Provider shall provide recreational activities such as indoor', outdoor, school; community
and religious or spiritual activities for children served under this Contract that are age - appropriate,
varied, and are of interest to the child.
2) The Service Provider shall ensure that recreational activities are, at a minimum, supervised in
accordance with DFPS Child Care Licensing Minimum Standards and service level requirements
contained in the Levels of Care Descriptions (TJJD- FED- 28 -0
3) The Service Provider shall intervene, as necessary, to reduce the risk and occurrence of aMiy and all
injuries.
that children have input into the types of recreational activities in
4) The Service Provider shall ensure
which they wish to participate.
G. TRAVEL
1) The Service Provider shall provide or arrange all travel necessary to ensure a child's acc�ss to all
necessary medical, mental and vision care for each child, including behavioral healthcare services,
recreational, school and school activities, family visits, court hearings, Preparation for Adult Living
(PAL) activities, permanency conferences, transition plan meetings, family group conferiences,
circles of support conferences, and any other services necessary to fulfill the tasks on a hild's
service plan.
Pag s I 19
von. l P go
Clarinda A adenry
R- •e3-ideniial Services- Ag1- ee»'v'L
September 1, 2012 - August 3,1, 2013
2) A Service Provider who is licensed
as a CPA shall arrange and facilitate sibling visits when siblings
are at different placements within the same CPA unless the sibling visits are: e
i• order;
Prohibited by count
• to the Vest interest of the children as reflected in any of the service plans of t�
ii. Contrary
siblings; or
mental health professionsl treating any of the sib mg
iii. Discouraged by a s.
11 CULTURAL COMPETENCE
1) The Service Provider shall provide the contracted components of care with a high level of ind,hvidual
and organizational cultural competence as described below: s other
lative m p etence — The knowledge, skill or attrif an Tone has r e be av�or
than his/her own, that i linteraction
A} Individual Cultural Co s observable the consistent patterns o
act i v iti e s over time, which,contributes to the ability to effectively meet the needs o
and work related C ern a
children and families receiving services. behaviors attitudes and practices W10 ,
g) Organizational Cultural Competence = A set of values, W s and
ore it refers to the staffs ability
1 r o ram or among individuals, which ��ntben staff and volunteers to work
system, organization, p g
ct the beliefs, language, interpersonal styles and behaviors of individual
effectively with children and families from other cultures.
to honor and respe
families receiving services.
E PROVIDER PARTICIPATION en w Probation de racy planning transition
1) The Service provider shall partici ate in conferences required erne b 1 � venrle departmen
1. SERVIC
which include but are not limited to, medical, school, cas plann a ctivities, consistent with
planning, and legal staffing's
2)
The Service Provider shall participate in Preparation for Adult Living (PAL)
the child service or transition plan t ensure that the Service
3) The Se re rvice Provider shall participate in any oth e rill e and necessay y the juvenile
department or a court �havin a child ° s service plan.
Pro is comply lb
1 MAINTAINING CONNECTIONS faith effort to ensure that children are able to re erve desired
1) The Service Provider shall make a good fa
mclu
ding
and a ppropriate organizations through.
ro riate organ on -sit or off -si a means.
e
PP irate connections to his or her own cultural identity and community,
religious /spiritual, fam, ily school, and app p
2) The Service Provider shall document all good faith efforts to maintain the child's connec ions.
K. PRO
VIDItdG TESTIMONY Provider's employees and subcontractorslappear and
1) The Service Provider shall ensure tha
t Servi ce
ial roceedings, depositions and administrative hearings relating to a chit , at the
testify in judicial. P
request of the juvenile probation department. or subcontractors
ice Provider shall, to the extent possible, notify, and /or assist the juvenile probation
2) The Sery rs when past emplo o ast em ployees or subcontracto
department in locating, p subsection. ubsection.
ed to appear and testify in accordance with tills The Service Provider is
providers are need PP
responsible for the cost associated with the requiremertits of thr
page 8of19
Pg. °l. A
Academy
September 1, 2012- AzOst 31, 2013
L. LEAST RESTRICTIVE SETTING
1) The Service Provider shall provide all services in a manner that safeguards the health, we] f re and
safety of the children in the least restrictive setting possible.
ARTICLE 1V
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probat on will be
evaluated on the basis of the output and outcome measures contained in this sectio i. Juvenil e
Probation, at its discretion, may use other means or additional measures to valuate the
performance of Service Provider in fulfilling the terms and conditions of the Agreeme it.
A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements ithin six (6)
months after release.
4. The total number of children who move down in their Level of Care.
S. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
I. Percentage of children in residential placement who will complete their placement as a
successful discharge.
2. Percentage of children who have completed 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 Probati n in order to
monitor Service Provider for programmatic compliance with this Agreement.
ARTICLE V
COMPENSATION
5.01 For and in consideration of the above - mentioned services, Juvenile Probation grees 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 C as
Page 9 of 19
Vol. /(97 203
Academy
T7fP3'ider�tral J'ervie syagr ee�rrerrt
September 1, 2012 - Au ust 31, 2013
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 Business Manager or other designated official. This fees all include
residential care and a minimum of one group or individual counseling session per m nth. In no
event will the per diem rate exceed that specified for the Level of Care provided. It is uriderstood
that the Level of Care provid'.ed. by Service Provider will be reduced to a lower Leve� of Care as
soon as such reduction is deemed practical by Service Provider, based upon improver in the
child's attitude and behavior.
5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practi al 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 Probation
determines that the appropriate Level of Care should be or should have been lower, Service
Provider shall lower such level. Service Provider shall remit to Juvenile Probation th difference
from the amount paid and the amount that should have been paid, if the child had be i1 placed at
the appropriate level from the date the child's level should have been lowered, un ess 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 Juvenil Probation
Business Manager on a monthly basis. Said invoice shall be submitted within tell (0) working
days following the end of the invoiced month and shall include information deemed n acessary for
adequate fiscal control, including but not limited •to: hours worked, to be attributec to specific
clients'if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly
cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to
monitor Service Provider for financial compliance with this Agreement. Invoices s bmitted by
Service Provider in proper form shall be paid by Juvenile Probation in a timely rnanne _
5.05 Service Provider must use its best efforts to seek and obtain all benefits available! from other
sources for eligible children. It must initiate and complete any appropriate Medicaid', application
and complete all necessary documentation to obtain reimbursement for children ho may be
eligible for Medicaid. Airy 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. Documentation must include the name(s) and SID he
of the parties receiving
the services, the dates and tames services were provided and such other information deemed
necessary for adequate fiscal control.
5.06 In order to avoid duplicate payments for children being transferred to another child care agency
under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the
day the child is transferred into the program; the releasing agency will not bill Juvenile Probation
for the last day of care.
Page 10 of 19
cademy
Residential Ser>ices A reemenr
September 1, 2012- August 1, 2013
5.07 Services which are not directly addressed by this Agreement must be submitted for approval with
associated billing for reimbursement from Juvenile Probation.
006 Family Code, the vendor or applicant certifies that tile r indiv avlelthe
5.08 Under Section 231 application is not ineli
business entity named in this Agreement, bid, or
specified grant, loan, or payment and acknowledges that this Agreement may be terrain tied and
payment may be withheld if this certification is inaccurate.
5.09 Service Provider' is hereby notified that state funds h rt separately for the and
Juvenile Probation. For this reason, Service Provider s hall ac ou
expenditure of all funds received from n he account ngt� � shall
pottin g andauditing of sucdefu
Accepted Accounting Principles (GAAP) i
5.10
Service Provider agrees to make claims for payment or direct any payment datnent to:
e'�ployees
Probation's Business Manager. Service provides will not contact o P
regarding any claims of payment.
5 l Service Provider agrees and understands that all financial o bligations
available will be coat nQ lit on
provided for in this Agreement for which current revers
the availability of appropriated funds to meet said obligations.
ARTICLE VI
ADDITIONAL TERMS AND AGREEMENTS
6.01 Service Provider will accept only those children Service Provider s d b a, authorized
officers o Juvenile
Probation to be referred for placement in
6.02
Juvenile Probation recognizes that pact of a client's rehabilitation
r and holidays, l and that vice
from the residential setting of Service Provider, such as w eekends Probation
Provider must retain space for the client ou �t due / for such �regularly � Juvenil scheduled days way from
rees to pay n O days per client n h
ag Service Provider the full amount
the residential setting or its program, provi ileProbation �Furloughs illnotbe au thorized for
prior approval has been obtained
by Juveni
first ninety (90) days of placement, or until the completion of the first Individualized Program
Plan Review, whichever comes first, except in only h i g i�du nu us ual situations. n Plat n upied warrant
space con stitutes days away from the facility.
residential
additional days away from the the approved
r idential setting l �
will not be charged oJuven le
however, any additional days away from
Probation.
' � rents ear the primary responsibility for payment of any
6.03 The child'( pa () or guardians) shall b
as well as
medical or dental needs, by personal payment, health insurance, or Medicaid coverag ,
clothing or other expenses not provided for in Service Provider's program.
inate l l
6.04 Juvenile Probation reserves the right to torelease a client to any person with
or Service genc other than
is discretion. Service Provider must i
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
6.05 Service Provider is under no obligation to accept a client who is deemed inap ropriate for
placement in that program.
Page 11 of 19
VOi. Pg•
C lari da Ac ademy
Residential Sen>>c s Ag+ eemenl
September 1, 2012- Aa ust 31, 2013
6.06 Juvenile Probation is under no obligation to place any child with Service Provider.
6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juveniile
Probation policies, and Texas Juvenile Justice Department standards pertinent to services
provided under this Agreement.
6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. 11 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 witli an updated
diagnosis and prognosis.
6.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a cond�tion of this
contract for residential services, Service Provider shall notify the school district 1q which the
facility is located not later than the third day after the date a child is placed in the facil'jty.
6.10.1 If a client makes an unauthorized departure from the Service Provider, Juvenile Probation shall be
notified immediately. If the client returns to the Service Provider within ten (10) days or prior to
the last billing day of the month, whichever shall occur first, the Service Provider hall receive
payment for those days the client was absent from the Service Provider, but not to exceed ten (10)
days payment.
ARTICLE V [I
EXAMINATION OF PROGRAM AND RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program
of services provided under the terms of this Agreement and /or to review its records eriodically.
This examination and evaluation of the program may include site visitation, ob3ervation of
programs in operation, interview and the administration of questionnaires to the stal f of Service
Provider and the children when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provid r agrees to
maintain and make available to an authorized representative of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses of
this Agreement.
7.04 Service Provider shall retain and make available to Juvenile Probation all finan W records,
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, auditor review and all
questions arising therefrom have been resolved, and shall make available for Juvenile Probation's
inspection, all contractual agreements with Service Provider's subcontractors for services related
to this Agreement.
7.OS 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
Page 12 of 19
voi. /(97 Pg. t-,�L o (e
Residential Service Agreemenl
September 1, 2012- Aug st 31, 2013
with the State Auditor's Office or its successor in the conduct of the audit or investigation,
including providing all records requested. Service provider will ensure that the foregoing clauses
concerning the authority of the State of Texas to audit and the requirement to cooperate is
included in any subcontract or arrangement Service Provider enters into in which funs received
under this Agreement form all or part of the consideration.
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records elating 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. Service Provider shall agree to the terms and sign the Business Association kgreement
attached as Exhibit "B" and incorporated herein by reference.
ARTICLE 1X
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegation or incident of abuse, exploitation or neglect of any child (including but not limited
to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hour from the
time the allegation is made, to all of the following:
A. Local law enforcement agency;
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form tc
number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then
toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said
C. Brazos County Juvenile Probation Department to facsimile number (979)
(ATTN: Executive Director).
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and di
following information to Juvenile Probation, and agrees that it shall have an ongoing
duty under this Agreement to promptly ascertain and disclose in sufficient detail
information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing
facsimile
by calling
call); and
823-4211
)sed the
irmative
is same
tes;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with j veniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, ag nt and /or
/,,Page 13 of 19 g o-7
VOL. 0 Pg.
Clarinba Academy
September 1, 2012- Aug #fst 31, 2013
consultant of Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are reg stered sex
offenders; and
F. The identity of any of Service Provider's employees, interns, volunteers, Subgontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal history.
For the pu►Tose of this Agreement, the term "criminal history" shall include:. (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or defen adjudication
within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. 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 regulati MIS.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising
out of this Agreement without the prior written consent of Juvenile Probation.
ARTICLE X1II
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing ody and no
other public officials of the governing body of the locality or localities in which tl e 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 'nth his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
ARTICLE Xl V
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate t ne whole or
any part of this Agreement, as it deems appropriate, in any one of the following circus istances:
A. If Service Provider fails to perform the work called for by this Agreement w
specified herein or any extension thereof; or
n the time
Page 14 of 19
von.
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_Clarin a A cvdemy
Residential Services Agreement
September 1, 2012- Augirst 31, 2013
B. If Service Provider fails to perform any of the other material provisions of this greement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails tc prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
C. in either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
14.02 Any default by Service Provider, regardless of whether the default results in termination, will
jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may
result in the refund of compensation received under this Agreement.
ARTICLE XV
TERM] NATION
15.01 This Agreement may be tenninated:
A. By either party upon ten (10) days written notice to the other party of the intention to
terminate; or
B. Upon expenditure of available funds.
15.02
if at any time during the term of this agreement Juvenile Probation, in its sole discretion,
detennines that the safety of children being served under this Agreement may be ]it 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 an claims or
rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile P robation.
ARTICLE XVII
INDEMNIFICATION
17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos
Juvenile 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 Provider
servants, or employees arising from activities under this Agreement. Service Provide
no obligation to indemnify and hold harmless Brazos County and' Juvenile Probat
act(s) of commission or omission of Brazos County's and Juvenile Probation's agent
or employees arising from or related to this Agreement for which a claim or other actic
ARTICLE XVIII
SOVEREIGN IMMUNITY
:ounty and
ises arising
its agents,
shall have
on for any
s, servants,
n is made.
18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the
Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties
/� -�° ge 15 of 19 a 0 0 1
Vol. _1 6.1- -- Pg'
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Residential Services greement
September 1, 2012 - Augu t 31, 2013
expressly agree that no provision of this Agreement is in any way intended to c onstitute a waiver
or any immunities from suit or fi-0111 liability that the Brazos County has by operatio 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:
right, title, license and authority to enter. into this Agre ment;
A. That it has all necessary
B. That it is qualified to do business:in the State of Texas; cs that -ft necessary I
that t is en
and s taff certifications to provide the type(s) of
compliance with all statutory aid regulatory requirements for the operation of its
business; and that there are no taxes due and owing to the State of Texas, .any County in
the State of Texas, or any political subdivision thereof;
C. That it carries sufficient insurance to provide protection to Juvenile Probatior under the
indemnity provisions, as well as for any potential liabilities that arise from oi related to
this Agreement and in amounts not lower than:
1. Statutory workers compensation in accordance with the State of Te
requirements.
eral liability including owners and contractor's proteci
2. Comprehensive gen
liability insurance for bodily injury, death, or property damages in
following amounts:
COVERAGE PER PERSON PER OCCURRENCE
a. Premises and product liability $300,000.$300,
b. Aggregate policy limits $300,000
Comprehensive automobile and truck liability insurance (covering owned,
and non -owned vehicles):
COVERAGE PER PERSON PER OCCURRENCE
a. Bodily injury $300,000 $300,000 (including death)
b. Property damage $300,000 $300,000
c. Aggregate policy limits $300,000
All policies must provide, by endorsement to the policy that- (30) days prior v
razos Cc
of cancellation or material change in covercg i. No gi ven t oli l cy s all be t
Coverage provided must be on an occurren bas P
conditions, or restrictions deemed inconsistent with the intent of the insurance requirements
this Agreement. All policies shall be written through a company duly entered and authorize
that class of insurance in the State of Texas. and
red
itten, notice
nty, Texas.
limitations,
ontained in
to transact
D. That all of its employees, interns, volunteers, subcontractors, agents and /o consultants
will be properly trained to report allegations or incidents of abuse, exploitati n or neglect
of a juvenile in accordance with the requirements of Texas Family Code ChE pter and
_ Page 16 of 19 � 18
Acodemy
September 1, 2012 - Augu 131, 2013
any applicable Texas Juvenile Justice Department administrative rules regard ng abuse,
neg lect and exploitation allegations.
E. Service Provider warrants that it shall name Brazos County, its agencies, o ficers and
employees, as an additional insured(s) on all current general and automobi a liability
policies it procures in support of this Agreement.
ARTICLE XX
TEXAS LAW TO APPLY
20.01 This Agreement shall be construed under and in accordance with the laws of the tat of Texas,
and all obligations of the parties created hereunder are performable in Brazos County, t exas.
ARTICLE XXI
VENUE
21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos Coun , Texas.
ARTICLE XXII
LEGAL CONSTRUCTION
22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreem nt shall be
construed as if such invalid, illegal, or unenforceable provision had never been contain d therein.
ARTICLE XXIII
PRIOR AGREEMENTS SUPERSEDED
23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and sup rsedes any
prior understandings or written or oral Agreement between the parties respecting the within
subject matter
ARTICLE XXIV
AMENDMENT
24.01
Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an
effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated
subsequent to the date hereof, of such changes and their effective date. Continuation of services
after the effective date by Service Provider will signify its acceptance of these changes. If
Service Provider declines to accept changes made by Juvenile Probation, Service P may
terminate this Agreement subject to the conditions herein.
Page 17 of 19
&I pg. °�
Acodeiny
Seylember 1, 2012- 4 ugu�t 31, 2013
EXECUTED IN DUPLICATE [or T RIPLICATE See below], EACH OF WHICH SHALL
FULL FORCE AND EFFECT OF AN RIGINAL
.BRAZ COUNT
Duane Peters,.County Judge
And Brazos County Juvenile Board Chairman
Doug Vance, Ph43 Executive Director
Brazos County Juvenile Services
SERVICE PROVIDER
Authorized Signature
PRINTED name of person signing this contract
PRINT FACILITY NAME AND ADDRESS:
Clarinda Academ
1820 North 16 Street
Clarinda Iowa 51632
PRINT BILLING NAME AND ADDRESS:
Clarinda Academ
1820 North 16" Street
Clarinda Iowa 51632
PRINT NAME OF BILLING CONTACT, PERSON:
Gail Walin
CPS LICENSING REPRESENTATIVE:
Troy KroeQer
Date
.fig, .2d
Date
Date
Title
FACILITY TELEPHONE N
BILLING TELEPHONE NUMBER:
FEDERAL TAX INDENTIFICATION
CPS TELEPHONE NUMBER:
-7
E TH E
B ER:
;. Page 18 of 19
Vol. '
Pg. ` a
• .. ��. � .n ' `� : Lip'
EXHIBIT A
Clal-ir, do Academy
Reside ntial- Sercvic _A'gr- eemeht
September 1, 2012- Au vst 31, 1013
BASIC LEVEL
$42.18
MODERATE LEVEL
$96.17
SPECIALIZED LEVEL
$138.25
INTENSE LEVEL
$242.85
EMERGENCY SHELTER
$115.44
Page 19 of 19 n
Vol. pg.
STATE OF TEXAS
COUNTY OF BRAZOS
§
Turning Point Children's Social Services
This Agreement is entered into by and between the Brazos County and Brazos County Juvell .
the request of and on behalf of the Brazos County Juvenile Services Department (collectivell
as "Juvenile Probation ") and Turning Point Children's Social Services, a nonprofit corporati
to provide child care services by the Texas Department of Family and Protective Ser"
Department of State Health Services, Texas Juvenile Justice Department, and /or any other
State agency with licensure or regulatory authority over this facility ( "Service Provider ").
ARTICLE l
PURPOSE
le Board, at
referred to
in, licensed
ces, Texas
appropriate
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
teen residential care for children alleged or adjudicated to have committed delinquen conduct or
conduct indicating a need for supervision.
ARTICLE II
TERM
2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2012, and
ending August 31, 2013. It shall be automatically renewed for one year terns thereafter,
commencing September I" and ending August 31 , unless one party notifies the other in writing,
at least thirty (30) days prior to the expiration of said tenn, of its intention to not renew this
Agreement.
2.02 The terns of this Agreement shall be extended until such time as all services which have been
requested by Juvenile Probation, and are pending on the termination date in section .01 above,
have been performed.
ARTICLE III
SERVICES
3.01 Service Provider will provide the appropriate levels of service as defined below:
A. Basic Level
i. Adequate functioning in all developmental and/or environmental areas; there may be
transient difficulties, "every-day" worries, and occasional misbehavior, but would be
regarded as a normal child; responds to "normal" discipline.
The caregiver provides a routine home environment with guidance and sup rvision to
meet the needs of the child; or
it. No more than occasional problems in functioning in any area; some acting out
behavior in response to life stresses, but those are brief and transient, minimally
disturbing to others, and not considered deviant by those who know the child. The
1( Vol., P..
Residential Seivi
September 1, 2012- A
caregiver provides a routine home environment with supplemental
discipline to meet the needs of the child.
•Wing Poinl
Agreement
st 31, 1013
ance and
B. Moderate Level
i. Frequent or repetitive minor problems in one or more areas; may engage in non-
violent antisocial acts, but is capable of meaningful interpersonal rel ationships,
requires supervision in structured supportive setting with counseling available from
professional or paraprofessional staff; or
ii. Substantial problems; child has physical, mental, or social needs and be aviors that
may present a moderate risk of causing harm to self or others, poor or inappropriate
social skills, frequent episodes of aggressive or other antisocial behavior with some
preservation of meaningful social relationships, requires treatment program in a
structured supportive setting with therapeutic counseling available by rofessional
staff.
3.02
C. Specialized Level
L Severe problems; unable to function in multiple areas; sometimes willing to
cooperate when prompted or instructed;' but may lack motivation or ability to
participate in personal care or social activities or is severely impaireJ in reality
testing or in communications; may exhibit persistent or unpredictable ag ression, be
markedly withdrawn and isolated due to either mood or thought disturbance, or make
suicidal attempts; presents a moderate to severe risk of causing harm to se if or others;
requires 24 -hour supervision by multiple staff in limited access setting.
D. Intense Level
i. Very severe impairment(s), disability or needs; consistently unable or inwilling to
cooperate in own care; may be severely aggressive or exhibit sel - destructive
behavior or grossly impaired in reality testing, communication, cogniti n, affect, or
personal hygiene; may present severe to critical risk of causing serious harm to self
or others; needs constant supervision (24 -hour care) with maximum s affing, in a
highly structured setting.
E. Emergency Shelter
i. Provide twenty-four (24) hour care and supervision for those children requiring 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.
Service Provider will perfonn the following services:
A. Provide basic residential services, including: standard supervision by qualified adults, food
and snacks, recreation, allowances, personal hygiene items, hair cuts, transporta school
supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by
Juvenile Probation.
B. Provide and document paraprofessional counseling, off - campus visits or furl ughs, major
incidents and worker contacts. Any and all costs associated with off -cam us visits or
furloughs will be paid by the parent or guardian.
e2oj19 �I
vol, 167 Pg.
Point
Residential Services A rumens
September 1, 2012- August 1, 2013
C.
In
E.
F
initiate and document meetings and attempted meetings among Service Provi cement
Probation staff and contracted children for the purpose of justify g p
of the acernent
Justification will be done at a minimum of every ninety (90) days. A copy
justification will be submitted to the Placement Supervisor within ten (10) working days.
Ensure that the child's parent(s) or legal guardian(s dlimakes Pro bation, th of spec
dep
Placement Supervisor are notified if a child placement
becomes seriously ill, or is involved in a serious accident. The Probation Officer an parents workin
ours, tile
will be informed immediately if
a during notified w o rk i n g hou
as Parents. rr Tn i the ev li f serious
Juvenile Detention Center will U
illness or accident and for any required follo or emergency i d a fah litye responsible
for having the child transported to the near hospital
Provide to Juvenile Probation's ceit with the client and mutually ttagreed In Supervisor a upon by the
Treatment/Case Plan developed in concert
appropriate Service Provider staff and the ase Pla hall incl w
include measurement da of
rement o progress
placement. Said Individualized Treatment /C
toward goals in the following nine (9) domains: medical; sa fety and security; recreational;
educational; mental /behavioral health; relationship; socialization; permanence; Parent and
child participation.
Initiate and document meetings to review sir readonablelrintervalsgraiot to r e c l the,- eed ninety (90)
the assigned Juvenile Probation Officer a oats set forth, making modifications
days, to assess the child's progress toward meeting g oals
when necessary, and determining the n am Plan shall r contai p ii the reasons wl tl of a the child's
natural home. The Individualized Progr
may benefit the clientne aelal s
and objectives r are to be an
ch eyed i the pia ment
client; shall state how g and other exter
how the parent(s), guardian(s), and, where possible, grandparents
members will be involved in the program plan to assist in preventing or controllin
objectionable behavior.
G. Maintain copies of the original Individualized Program Plan and the periodic revie
H. Provide the Placement Supervisor with a written report of the child's progress o
basis in a Monthly Progress Report.
Document and maintain records of all goods and services provided to contrac
These records shall contain, but are not limited
t, tlhourhours rvi pr
children served, average length of stay per
provided. These records shall be made available to Juvenile Probation
inspection.
placement
t for each
shall state
Jed family
the child's
a monthly
J children.
number of
• treatment
rr periodic
Page 3 of 19 �
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Tu rn'ng Point
Residential Services A greemeni
September 1, 2012- Augusl 31, 2013
J. Document and maintain records peitaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but goals, are not
erc limited to:
percentage of youth in prokills gram successe centage achieving
o f youth aeducational l eyig et social s goals,
youth achieving set vocational goals, p e of investig made
percentage of youth demonstrating overall progress, number and type
by the Department of Family and Protecti be made l available t Juvenile Probation ve Sices or any
rep of abuse and /or neglect. These
for periodic inspection. as
K. Any and all medical /psychiatric treatment Service Provider's program, shall e the well
clothing, or other expenses not provided
responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to
be paid by either personal payment, healt n l edical/ sychiatr c dtreahnent or clotli ng due to the
case shall a child be denied any needed i P
inability to pay.
3.03 Service Provider will provide or perform the following:
A. DAILY LIVING SKILLS
1, as;n tl a c ommunity.
ty social skills such that they a e able to
The Service Provider shall teach each child b
appropriately care for themselves and function
B. ASSESSMENT, SERVICE PLANNING AND COORDINATION
1.) Diagnostic Assessment. The Service n. T 1e must address the child's ass e s sment on needs
each child within 30 days of admission. Tl
psychological, behavioral, family, social and educational.
in tlle following areas: physical,
2.) Service Planning and Coordination.
i. The Service Provider shall develop, coordinate and imp service plan that addresses resses the
services that will be provided to meet each child's speci
ii.
ice The Service Provider shall develop a sery pla in
and accord
upport Services) ces)�ande1ection 501
contained in TJJD- FED -29 -04 Section 500 (Casework
(Service Plans).
service p lan
departmentres' ',dent al ase
The Service Provider shall ensure that the
plan;
a. Permanency goals identified in the juvenil p
b. Behavioral goals established by the juvenile probation department;
C. Components of the child's Indivil lae schoolis Admission
and Review, d a ismissalion
Plan (1TP) that are both develope d b
(ARD) committee, if appropriate; and
d. Components of the CPS transition pang Trau�ng Vouchers (ETV) other related includes Prepar ation lated
for Adult Living (PAL), Education
services and support for youth who
are currently in foster care or transitioning out of care.
Additional information is located at
T Livinaa/default.as .
P geaofl9 gi-7
Vol. l (� 7 Pg•
Point
Residential Services A greenieni
September 1, 2012- Augusl 31, 2013
iv. The Service Provider shall ensure ,lea� the to s
ew ppovid Cseavicesr if applicablet a child to
transition to a new livin arr an g e me n t p
C. ROUTINE 24 -HOUR CHILDCARE
1.) Food.
i. The Service Provider shall provide food in accordance with requirements of DFPS Child are
Licensing Minimum Standards.
ii. The Service Provider shall ensure that each child receives fresh fruits, vegetables and dairy
products at least once a day.
iii. The Service Provider shall ensure that children have input into meal planning.
2.) Clothing-and Personal Items.
i. The Service Provider shall maintain an inventory of the child's clothing and personal iems that
are of substantial and /or sentimental value by:
a. Completing
an inventory of clothing and personal items at admission, as additional
clothing and personal items are purchased or provided, and at discharge for a planned
discharge and within thirty (30) days after an unplanned discharge;
b. Ensuring that the child (when age and er d evel op me n ta l ly
sonal�p n
em inventory, ry, except wren the clothing and
staff sign and date the clot p
personal item inventory is completed after an unplanned discharge;
C. Sending the clothing ann alfitern i with the
a d p robation officer or other
department designee at discharg
d. Providing the juvenile probation department with the clothing and personal item inventory
within thirty (30) days after an unplanned discharge.
ii. The Service Provider shall provide each child with appropriate clothing that at a mini nun is:
b. In sufficient quantity to ensure an adequate amount of the following: t- shirts, undershirts,
underwear, bras, socks, shoes, pants, shirts, skirts, blouses, coats /jackets, sweaters,
pajamas, shorts, and other clothing necessary for a child to participate in daily activities;
C. Gender and age - appropriate;
d. Proportionate to the child's size;
e. In good condition, and is not worn -out with holes or tears (not intended by the
manufacturer to be part of the item of clothing); and
f. Clean and washed on a regular basis.
o label their clothes with their name or initials.
The Service Provider shall allow children t
iv. The Service Provider shall provide each child with appropriate items necessary to meet their
hygiene and personal grooming needs by:
a. Making grooming products available so that each child is able to maintain good hygiene and
grooming practices; et each child's ethnic hygiene and individual hair care
b. Ensuring that grooming products me
needs;
c. Ensuring sufficient hot water is available for daily baths or showers; and
d. Providing training/education as necessary to ensure each child understands the concepts of
personal hygiene and grooming and what they need to do on a daily basis to ace ieve and
maintain good hygiene and grooming.
3.) Room, Board', and Furnishings.
// 5 o 2( s
Vol. l9 Pg.
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Residential Sewices gree►nent
September 1, 2012 - ftugu t 31, 2013
M
The Service Provider shall provide each child with a bed, sheets, towels, blankets,
bedspreads, pillows, mattresses and other furnishings necessary to meet the child's needs. The
Service Provider shall ensure that the items be kept clean and ill good repair.
The Service Provider shall ensure that children have personal storage space for their cloth
and possessions. The Service Provider shall provide children, who are able to look after their
own needs, with individual storage space in their bedrooms for clothing and possessions
The Service Provider shall provide behavioral, gender and age appropriate living
arrangements for each child, with the exception of sibling groups, where appropriate, in
accordance with DFPS Child Care Licensing Minimum Standards.
D. DISCIPLINE AND CRISIS MANAGEMENT
1.) Discipline.
i. The Service Provider shall use appropriate authority and discipline practices as Ileces
limits for behavior and help"each child develop the capacity for self - control; and
ii. The Service Provider shall develop and implement discipline and emergency bellavio
intervention policies that are consistent with DFPS Child Care Licensi S
at: htt : / /W,'wAI - ' - "- tc.... 1......•.
and the Texas Administrative Code, including, but not limited to, the following:
a. Tile Service Provider shall not use, give permission to use, or t
use physical discipline with any child.
b The Service Provider shall not threaten the child with loss of v
family or siblings as a punishment or deterrent to behavior.
C. The Service Provider shall not threaten the child with loss of p
a punishment or deterrent to behavior.
2.) De- Escalation and Crisis Management.
i. The Service Provider shall ensure that all de- escalation techniques are exhausted befc
more restrictive and intrusive behavior management or emergency behavior intervene
ii. The Service Provider shall utilize developmentally and age appropriate emergency br
intervention techniques, as described in DFPS Child Care Licensing Minimum Stand
resolve emergencies.
iii. The Service Provider shall manage the facility and milieu in a manner that minimize:
during a crisis.
E. EDUCATIONAL AND VOCATIONAL ACTIVITIES
1.) Educational Activities.
i. The Service Provider shall ensure that each school -aged child placed with the Servic
pursuant to this Contract attends all educational program accredited by the Texas Ed
Agency ( "TEA "). The Service Provider may request an exception to this requireme
juvenile probation department. The Chief Juvenile Probation Officer, or his /her des
approve the exception request, and such approval must be in writing.
ii. Not later than the third (3` calendar day after the date a child is placed in a resident
the Service Provider shall notify the school district in which t11e facility is located.
iii. The Service Provider shall maintain and update an education portfolio for each chip
Service Provider's care. The contents of the education portfolio must include, if apt
a. School enrollment documents — birth certificate, Social Security card, immunizat
withdrawal notice from the last school;
to set
-eaten to
its with
.cement as
- e utilizing
011.
havior
.rds to
disruption
Provider
cation
: from the
;nee may
at facility,
in the
•opriate:
)ns, and
-�j� 6 of 19 � l ( 61
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September 1, 2012- Aug rst 31, 2013
b. Special Education documents — Admission, Review & Dismissal (ARD) team rneei ing notes,
individual Education Plan (IEP), Section 504 documents, full individual evaluatioi and /or
other diagnostic assessments;
c. Report cards, progress reports, and /or iEP progress reports;
d. Transcripts;
e. Standardized test result — TAKS /SDAA /LDAA;
f. Referrals, notices or other correspondence;
g. Pictures;
h. Miscellaneous — anything school related not previously listed.
iv. The Service Provider shall make the education portfolio readily available to the juver ile
probation department on any visit with the child or otherwise, if requested.
v. The Service Provider shall document that the report card and progress reports are dis ussed with
each child.
vi. The Service Provider shall provide the child's education portfolio to the juvenile pro ation
department at the time a child is discharged from the Service Provider's care regardless of
whether the discharge is a planned or an unplanned discharge. The Service Provider must
ensure the following:
a. The most current educational documents and records are in each child's education portfolio;
and
b. The child's education portfolio includes the child's current school withdrawal paperwork.
vii. The Service Provider shall riiinimize disruptions to a child's education by scheduling therapy
and other appointments outside school hours, whenever possible.
2.) Vocational Activities. The Service Provider shall provide vocational training, support sery ices,
activities and skills training (including job readiness), apprenticeships and vocational trair ing
opportunities such that each child:
i. Has access to appropriate vocational activities and community education programs;
ii. Receives the assistance needed to maximize the benefit of these activities; and
iii is provided transportation to vocational activities.
F. ROUTINE RECREATIONAL ACTIVITIES
1) The Service Provider shall provide recreational activities such as indoor, outdoor, school community
and religious or spiritual activities for children served under this Contract that are age-appropriate,
varied, and are of interest to the child.
2) The Service Provider shall ensure that recreational activities are, at a minimum, supervised in
accordance with DFPS Child Care Licensing Minimum Standards and service level r•equi ements
contained in the Levels of Care Descriptions (TJJD- FED- 28 -04).
3) The Service Provider shall intervene, as necessary, to reduce the risk and occurrence of any and all
injuries.
have input into the types of recreational a tivities in
4) The Service Provider shall ensure that children
which they wish to participate.
G. TRAVEL
l) The Service Provider shall provide or arrange all travel necessary to ensure a child's access to all
necessary medical, mental and vision care for each child, including behavioral healthcare services,
recreational, school and school activities, family visits, court hearings, Preparation for Adult Living
(PAL) activities, permanency conferences, transition plan meetings, family group conferences,
circles of support conferences, and any other services necessary to fulfill the tasks on a hild's
service plan.
Page 7 of 19
Vol. Pg. o u
Po int
Residential Services Agreement
September 1, 2012 - Arrgr st 31, 2013
2) A Service Provider who is licensed as a CPA shall arrange and facilitate sibling visits when siblings
are at different placements within the same CPA unless the sibling visits are:
i. Prohibited by court order;
ii. Contrary to the best interest of the children as reflected in any of the service plans oft e
siblings; or
iii. Discouraged by a mental health professional treating any of the siblings.
H. CULTURAL COMPETENCE
the contracted rbelow�nts of care with a high level of i idividual
1) The Service Provider shall provide
and organizational cultural competence as described
A) Individual Cultural Competence — The
th onsastent patterns of an individual's bel avoor l i �terac
th his/her own, that is observable u
which contributes to the ability to effectively m the t a needs of
and work related activities over time,
children and families receiving services.
r ce — Ari t of v values,
which enables attitudes
taff andvolunt t within a
B) Organizational Cultural Compete work
system, organization, program or S
effectively with children and families from
rnt other
erso cultures.
styles andFurthermore,
behaviors inditviduals andability
to honor and respect the beliefs, language, interpersonal
families receiving services.
1. SERVICE PROVIDER PARTICIPATION
1) The Service Provider shall participate in conferences required by the job nn htansition
which include but are not limited to, medical, school, case planning, p ermanenclani
P
y
planning, and legal staffing's.
2) The Service Provider shall participate in Preparation for Adult Living (PAL) activities, consistent with
the child service or transition plan.
3) The Service Provider shall participate ion th and necessar y t i l e juvenile
a that the a v
department or a court having jurisdiction
Provider is complying with a child's service plan.
J. MAINTAINING CONNECTIONS
1) The Service Provider shall make a good faith'eff t alensureylandlconrnunityabncludpl serve desired
and appropriate connections to his or her o
religious/spiritual, family, school, and appropriate organizations through on -site or off -site means.
2) The Service Provider shall document all good faith efforts to maintain the child's conne I tions.
K. PROVIDING TESTIMONY hat Srvice Provider's
1) The Service Provider shall ensure tositionnd administrative to arin l gs relating to a child, appear and
t the
testify in judicial proceedings, dep s a
request of the juvenile probation department.
2) The Service Provider shall, to the extent possible, notify, and /or assist the juvenile probation
department in locating, past employees or subcontractors when past employees or subcontractors
Providers are needed to appear and testify in accordance with this subsection. The Service Provider is
responsible for the cost associated with the requirements of this subsection.
ge8of19 a
Vol. f pg.
Tz ruing Point
Residential Service Agreement
September 1, 2012 -Aug ist 31, 2013
L. LEAST RESTRICTIVE SETTING
1) The Service Provider shall provide all services in a manner that safeguards the health, welfa•e and
safety of the children in the least restrictive setting possible.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probati n will be
evaluated on the basis of the output and outcome measures contained in this sectio . Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
1, ie to a n
2. The total number of children who were discharged from residential placement
successfully.
3. The total nu nber of re- referrals of children discharged from placements w thin 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.
A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
I . Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in th treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
Tl t 1 umber of children placed in residential placement.
C. Juvenile Probation shall further evaluate Service Provider by the followi g outcome
measures:
1. Percentage of children in residential placement who will complete their pla ement as a
successful discharge.
2. Percentage of children who have completed placement and not re- referrals v ithin six (6)
months after release.
3. Percentage of children who move down in their Level of Care.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing
output and outcome measures. These reports will be reviewed by Juvenile Probatio in order to
monitor Service Provider for programmatic compliance with this Agreement.
ARTICLE V
COMPENSATION
5.01
For and in consideration of the above - mentioned services, Juvenile Probation a Tees 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 C mmission as
Page 9 of 19
I
Vol. l pg.
_Tu • ring Point
Residential Services Agreement
September 1, 2012 - Augt st 31, 2013
currently effective or subsequently amendedThose rates as currently effective are as et forth in
E herein.
xhibit A, attached hereto and incorporated by Juvenile
5.02 The above fee will be paid only for t i hildren A des gnalt authorize
all t l, e
Thisfeesh 11 in
Probation through its Business Manager th. In no
residential care and a minimum of one group or Level of Care provided. e It m is n nderstood
event will the per diem rate exceed that specified for
of Cre as
that the Level of Care provided by Service Provider Sevice reduced to a
based uponwi+mpeove evel
eats an the
soon as such reduction is deemed practical by
child's attitude and behavior.
5.03 Service Provider has an affirmative duty Ve 1° tumeinake suchinspection of practical
records and
Juvenile Probation, and /or its r epresentative y
d at a Level
interview both the child and employees of Service P dserv tf IP Juv�en 1 s Probation
of Care necessary to meet the child' tre
Service ve been lower,
determines that the appropriate Level ce Provider shoul
sh a rbe or f to Juvenile Probation ti a difference
Provider shall lower such level. ery
from the amount paid and the amount that
level sh ould e should have been t child
lowereda unless l Servce
the appropriate level fi•orn the date th
Provider can show why such a step um of 120 days en n
and does not n ove to a lower level, except those
where he has resided for a hose
nnntm from
who enter at Basic Level, it will be presumed t t
Provider shall fully cooperate en these
the program as set forth in the program
efforts. for
5.04 Service Provider will submit an invoice Said » 1 Po ce shall be submitted within t
en 110) Probation
Business Manager on a monthly bans.
days following the end of the invoiced momld
imitdsto: hours d worked,lto� be attributed necessary tospecific
adequate fiscal control, including but not
clients if appropriate, date service was rendered, e °�eviewed by Juvenyle Probat n tal orderl�to
cost. Each invoice received for payment
monitor Service Provider for financial complia Zile Probation a timely manner bmitted by
Service Provider in proper form shall be pa y bie
5.05 Service Provider must use its best effort s to c omplete to obtain n appropriate Medic id application
sources for eligible children. It must initiate and
and complete all necessary documentation obtain reimbursement
erviceP ovider toward the support of�a child
eligible for Medicaid. Any income rece� y
from sources other than this Agreement, including but not limited to Medicaid, S cial Security,
medical insurance coverage, or contrib tted ' and r deduct d from the invoice ub mit ed to t
Juvenile
each child for whom a billing is subm and SID numbers of the P sties receiving
Probation. Documentation must include the name(s)
the services, the dates and times services were provided and such other i nformation deemed
necessary for adequate fiscal control.
5.06 In order to avoid duplicate pay robation the eiv ng agency will will bill Juvenile P obation on the
under contract with Juvenile
day the child is transferred into the program; the releasing agency will not bill Juvenile Probation
for the last day of care.
�I
MY 19 en n Vol. P �Ld-
Po int
Residential Services Agreement
September 1, 2012- Augi4st 31, 2013
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 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or
business entity named ipaymep and' i application
acknowledges that Agreement ineligible
ay be terminated and
specified grant, loan, of payment
payment may be withheld if this certification is inaccurate.
5.09 Service Provider is hereby notified that state funds are used to pay for services r ndered to
Juvenile Probation. For this reason, Service Provider shall account separately for the • exeipt 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.
5.10 Service Provider agrees dg Service Provider e will not contact payment
conta t otl erdepartment employees
Probation's Business Manager.
regarding any claims of payment.
5.11 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 V I
ADDITIONAL TERMS AND AGREEMENTS
6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile
Probation to be referred for placement in Service Provider's facility.
6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away
from the residential setting of Service Provider, such as weekends and holidays, and that Service
Provider must retain space for the client until his /her return. To this end, Juvenile Probation
agrees to pay Service Provider the full amount due for such regularly scheduled day away from
the residential setting or its program, provided they do not exceed ten (10) days per client and that
prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the
first ninety (90) days of placement, or until the completion of the first Individualized Program
Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed
space constitutes days away from the facility. Individualized Program Plans may warrant
the residential setting approved additional days away from if in writing by Juvenile Probation;
however, any additional days away from the residential setting will not be charged to Juvenile
Probation.
6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any
medical or dental needs, by personal payment, health insurance, or Medicaid coveraO, as well as
clothing or other expenses not provided for in Service Provider's program.
6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at
its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Pr bation.
6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for
placement in that program.
Rage of 19
Vol. 1 Pg. �3
W
TU�Wing Point
Residential Servrees Agree Went
September 1 2012- Augt st 31, 2013
6.06
6.07
6.08
go
6.10.1
Juvenile Probation -is under no.obligation to place any child with. Service Provider.
Service Provider shall comply with all appl
Department standards. pertinent r eg ul atio n s,
ent t services
Probation policies, and Texas Juvenile
provided under this Agreement. e
Juvenile Probation shall provide a written e p s y ch o lo gical six (6) months prior o
o r admission n a bait
cal
of tests included in the evaluation is old
ior to admission shall be submitted with an updated
interview•performed within six (6) months pr
diagnosis and prognosis.
In accordance with §29.012(b)(1) of the Texas Public Education Code, as a conui ion of this
ll tify
in
contract for residential services, Service Provider sha no
t'S faced iiathe facil which the
facility is located not later,than the third day after the date a chi p.
If a client makes an unauthorized departure from the Service ice P o v i w e ,h �uve
ten le P day
n immediately. if the client returns .to
the last billing day of the month, whichever shall occur first, the Service Provider
payment for those days the clientwas absent from the Service Provider, but not to exc
days payment.
on shall be
or prior to
call receive
;ed ten (10)
ARTICLE V11
EXAMINATION OF PROGRAM AND RECORDS
7.01
exami
Service Provider agrees that it will nns of this AgreeP e /o� to review its records ds e
of services provided under the periodically.
This examination and evaluation of they m on of questionnaires to tile s t a ff of Service
programs in operation, interview and the
Provider and the children when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation ch dcriptive i nformation n contracted
children as requested on forms provided by Juvenile Probation. to
7.03 For purposes of evaluation, inspection'oa zed re ir resentati d reprouction, Service Provider
of the State of Texas o r
maintain and make available to an authorized p
Probation any and all. books, documents or other evidence pertaining to the costs and expenses of
this Agreement.
7.04 Service .Provider shall retain and make a all other records pertinent
lJ't all
e A reement for a
supporting documents,. statistical records,
minimum of three (3) years, or until any pending litigation, claim, audit or r view and all
questions arising therefrom have been with Service Provider'sesubcontractors for l rvc e srelated
inspection, all contractual agreements
to this Agreement.
7.05 Service Provider understands that acceptance oif a'ds su ssor agency to coed ooperate fully
ct acceptance
all audit or
s
the authority of the State Auditor Office, o y
investigation in connection with those funds. Service Provider further agrees to
Page 12 of 19'
P
, Vol.
Residential Services
September 1, 2012 -Aug
with the State Auditor's Office or its successor in the conduct of the audit or inv ensre tat the fre-oi
including providing all records req f Texas fo audit a d the u equ cc
concerning the authority of the State
included in any subcontract or arrangement Service Provider enters into in which func
under this Agreement form all or part of the consideration.
ARTICLE VIII
CONFIDENTIALITY OF RECORDS records
8.01 Service Provider shall nnaintinP�torbrca ion,n andnshall 't�ota!e- dis�losetttheatfo +nation
children involved in Juvenile
required to perform the services to be provided pursuant to this Agreement, or as may
by law. Service Provider shall agree to the terms and sign the Business Association
attached as Exhibit "B" and incorporated herein by reference.
ARTICLE IX
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider
bui
any allegation or incident of abuse, exploitation or neglect of any child ( foot din hor
to a juven ile that has been pla
all b
the following Pro bation) within twenty- ( )
time the allegation is made,
A. Local law enforcement agency;
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form
number 1 -512- 424 -671 (or if unable to complete the form within 24 hours, the
toll -free 1 -877- 786 -7263, followed by submitting the report within 24 hours of sa
C. Brazos County Juvenile Probation Department to facsimile number (97(
(ATTN: Executive Director).
ARTICLE X
DISCLOSURE OF 1NFOR AATON and
ntring this 10.01 Service Provider warrants that, prior to ioneand agrees InatCt shall have an
following information to J u ve n i l e
duty under this Agreement to promptly ascertain and disclose in sufficient de
information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing au
31, 2013
clauses
perate is
received
relating to
except as
)e required
Agreement
shall report
not limited
irs from the
to facsimile
n by calling
id call); and
823 -4211
isclosed the
affirmative
it this same
B. Any and all litigation filed against the Service Provider, or against its ernpl yees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abu e, neglect and
exploitation investigation where an employee, intern, volunteer, subcontracto , agent
Pa a 13 0 19
V I. pg.
[ u nmg 1
:••1-L' "° Residential Services Agreement
September 1, 2012- Augi t 31, 2013
consultant of Service Provider that has direct contact with juveniles was the a lleged or
designated perpetrator;
E. The identity of any of Service Provider's employees, interns, volunteers, subc ntractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have contact with juveniles that have a criminal history.
For the purpose of this Agreement, the term "criminal history" shall include: 1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect aid protect the civil and legal rights of all children and their
parents. It will not unlawfully discriminate against any employee, prospective employee, child,
childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin.
Service Provider shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligat
out of this Agreement without the prior written consent of Juvenile Probation.
ARTICLE X1II
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governirg 1
other public officials of the governing body of the locality or localities in which th
situated or being carried„ who exercise any functions or responsibilities in the pi
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 this
or the proceeds thereof.
ARTICLE X1V
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate t
any part of this Agreement, as it -deems appropriate, in any one of the following circu
A. If Service Provider fails to perform the work called for by this Agreement wit]
specified herein or any extension thereof; or
Page 14 9j'19
Vol. ..� Pg. .
arising
Jy and no
project is
ect, shall
th his /her
.p,reernent
Whole or
the time
Residential Services Agr•eernent
September 1, 2012- August 31, 2013
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 t rms, and
C. In either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
14.02 Any default by Service Provider, regardless of whether the default results in termination, will
jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may
result in the refund of compensation received under this Agreement.
ARTICLE XV
TERMINATION
15.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the 'ntention to
terminate; or
B. Upon expenditure of available funds.
15.02 If at' any time during the tenn of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may ben 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 a �y claims or
rights of its employees, agents, owners, officers, or subcontractors against Juvenit Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile robatiorl.
I
ARTICLE XVII
INDEMNIFICATION
17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and
Juvenile Probation against any and all negligence, liability, loss, costs, claims, or exp nses 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 Probation for any
act(s) of commission or omission of Brazos County's and Juvenile Probation's age ts, servants,
or employees arising from or related to this Agreement for which a claim or other action is made.
ARTICLE XV III
SOVEREIGN IMMUNITY
18.01 This Agreement is expressly made subject to Brazos County's Sovereign immunity, Title 5 of the
Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties
Ppg�l.i.ef 19 2 •1
Vol
Residential Services Agreemenr
September 1, 2012 - Augr st 31, 2013
expressly agree that no provision of this Agreement is in any way intended to constitute a waiver
or any immunities from suit or from liability that the Brazos County has by operation of law.
Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XIX
REPRESENTATIONS & WARRANTIES
19.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agr ernent;
B. That it is qualified to do business in the State of Texas; that it holds all recess ry 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, an n
County i
the State of Texas, or any political subdivision thereof,
C. That it carries sufficient insurance to provide protection to Juvenile Probatiol under the
indemnity provisions, as well as for any potential liabilities that arise from r related to
this Agreement and in amounts not lower than:
1. Statutory workers compensation ill accordance with the State of Texas
requirements.
2. Comprehensive general liability including owners and contractor's protective
liability insurance for bodily injury, death, or property damages in the
following amounts:
COVERAGE PER PERSON PER OCCURRENCE
a. Premises and product liability $300,000 $300,000
b. Aggregate policy limits $300,000
Comprehensive automobile and truck liability insurance (covering owned, I ired
and non -owned vehicles):
COVERAGE PER PERSON PER OCCURRENCE
a. Bodily injury $300,000 $300,000 (including death)
b. Property damage $300,000 $300,000
c. Aggregate policy limits $300,000
All policies must provide, by endorsement to the policy that thirty (30) days prior written notice
of cancellation or material change in coverage be given to the Risk Manager of Brazos County, Texas.
Coverage provided must be on an occurrence basis. No policy submitted shall be subject to limitations,
conditions, or restrictions deemed inconsistent with the intent of the insurance requirements contained in
this Agreement. All policies shall be written through a company duly entered and authorized to transact
that class of insurance in the State of Texas, and
D. That all of its employees, interns, volunteers, subcontractors, agents and/ r consultants
will be properly trained to report allegations or incidents of abuse, exploitation or neglect
of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and
f 06e 17)f 19
A. pg.
VO Q
Point
September 1 2012- August 31, 2013
any applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
E. Service Provider warrants that it shall name .Brazos County, its agencies, officers and
employees, as an additional insured(s) on all .cuiTent general and automobile liability
policies it procures. in support of this Agreement.
ARTICLE XX
TEXAS LAW TO APPLY
20.01 This Agreement shall be construed under and in accordance with the laws of the Sta e 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 County, Texas.
ARTICLE XXII
LEGAL CONSTRUCTION
22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not.affect any other provision thereof and this Agrees- ent shall be
construed as if such invalid; illegal, or unenforceable provision had never been contained therein.
ARTICLE XXIII
PRIOR AGREEMENTS SUPERSEDED
,23.01 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 respectin the within
subject matter.
ARTICLE XXIV
AMENDMENT
24.01 Juvenile Probation may amend, modify or alter the terns of this Agreement ar
effective date thereof. Juvenile Probation will then notify Service Provider in �
subsequent to the date hereof, of such changes and their effective date. Confinuaw
after the effective date by - Service Provider will signify its acceptance of these
Service Provider declines to accept changes made by Juvenile Probation, Service
terminate this. Agreement subject to the conditions herein.
d .specify an
n•iting, dated
n of services
changes. If
?rovider may
Page 1 of 19
(al p
9•
. '. '.�' jl i: '� - � _ ... .. .
Residential Services 4greemeni
September 1, .2012- Augu t 31, 2013
EXECUTED IN DUPLICATE [or T R OR GINAL see below], EACH OF WHICH SHALL H VE THE
FULL FORCE AND EFFECT O F
OS COUNT D C
Duane Peters, County Judge
Date
And B, s County Juv nile Board Chairman
Ph Executive Director Date v
Doug Vance, ,
Brazos County uveWk Services
SERVICE PROVIDER
Authorized Signature
PRINTED name of person signing this contract
PRINT FACILITY NAME AND ADDRESS:
Turnip Point
2224 Spring Creek Dr.
S rip Texas 77373
PRINT BI LL1NC NAME AND ADDRESS:
Turnip Point
2224 Sprint? Creek Dr.
S ri�i Texas 77373
PRINT NAME OF BILLING CONTACT PERSON:
Ka lah Gilbert
CPS LICENSING REPRESENTATIVE:
Anita Johnson
Date
Title
FACILITY TELEPHONE NUMBER
BILLING TELEPHONE NUMBER:
FEDERA L TAX INDENTIFICATION
CPS TELEPHONE NUMBER:
Pa l f 19 O
BER:
Turnin Point
Residential Senlices Agreement
September 1, 2012- Au st 31, 2013
EXHIBIT A
BASIC LEVEL $42.18
MODERATE LEVEL
SPECIALIZED LEVEL
INTENSE LEVEL
$96.17
$.138.25
$242.85
EMERGENCY SHELTER - $11 5.44
page 19 of 19
�:v Pg.
..:��:. -
STATE OF TEXAS
COUNTY OF BRAZOS
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with provisions of the Brazos County Juvenile Board, the Brazos Col
Juvenile Services Department, hereinafter called "JUVENILE DEPARTMENT," and Fa
Flanagan's Boys' Home hereinafter called "SERVICE AGENCY," by this Agreement, ar
consideration of the mutual promises set forth below agree to the following:
I. PROVISIONS OF SERVICE
A. The SERVICE AGENCY agrees to provide the following residential services
for housing and supervision of alleged or -adjudicated juvenile offenders placed in li
juvenile care facilities by the JUVENILE DEPARTMENT (hereinafter referred to as "resic
which services shall be limited to:
1. Provide secure and /or non- secure residential facilities for residents at the
Levels of Care indicated in Addendum #1 and #2 (which are attached hereto and
incorporated herein for all purposes);
2. Provide medical attention for each resident placed in the SERVICE
AGENCY's facilities in accordance with Paragraph O. of this Article I;
3. Provide crisis intervention for each resident placed in the SERVICE
AGENCY's facilities at the Levels of Care indicated in Addendum 91
including all emergency counseling and routine counseling for each re!
necessary;
4. SERVICE AGENCY shall be financially responsible for all medical, dental,
psychiatric, pharmacy, optometry, and therapeutic care provided to a youth up to
maximum of $5,000 annually. Any medical, dental, pharmacy or optometry need
that exceed the $5,000 maximum annually will be the financial responsibility of
Department. Any medical procedure in excess of the $5,000.00 maximum must t
approved by JUVENILE DEPARTMENT PRIOR to service. Should request not
met, JUVENILE DEPARTMENT WILL NOT cover said procedure;
5. Participate in the formulation, preparation, review and modification of an
Individual Program Plan (IPP) for each resident, pursuant to Article 11. herein;
6. Prepare and maintain a written progress report for each resident, as provided in
Paragraph I. of this Article I.; and
7. Maintain records for residents in accordance with the provisions hereof.
B_ As consideration for the above - specified services, the JUVENILE
DEPARTMENT agrees to pay the SERVICE AGENCY an amount not to exceed the amc
allowed in the current CJD Maximum Rate Schedule, as restated in Addendum #I and #2
inty
in
#2,
as
be
glas /ia
VOL 167 P9 d3�'
calculated per resident for each day in which each resident is provided residential services
hereunder.
C. Recognizing that a r f the SERVICE tAGENCY,r nsuchas weekends, t
ds, ho idays, o
away from the residential setting o
during a scheduled abse
and that the SERVICE AGENCY ,rust retain space for a resident e SERVICE AGENCY
until his/her return, the JUVENILE DEPARTMENT will pay provided VICE ,however,
amount agreed upon in Addendum 42 for such scheduled absence days;
the JUVENILE DEPARTMENT will not be consecutive responsible d for uai ing o retain space for three (3) the SERVICE AGEN
resident for an o more a from tile JUVENILE DEPARTMENT.
has obtained prior for app o
D. If a resident makes a
LE DEPARMENTS hall be notified immediately lf ab
SERVICE AGENCY, the ]UVENI AGENCY within three (3) y or d p rior to the last billing da
resident returns to the SERVICE
the month, whichever occurs first, fire moll
monthly billing pe od dent was abs nt
DEPARTMENT for those days
SERVICE AGENCY, provided that the JUVENILE DEPARTMENT shall not be �'equ les
for an unauthorized absence extending beyond three (3) consecutive days, regard
applicable billing period.
E. The SERVICE AGENCY is under no obligation to retain space for a resident al
without authorization.
F. Payment by the the AGENCY for each calendar month no
payment will be submitted by
(10) days from the last day of the month for which payment is being requested.
G. Each billing should
number days each resident was # �es dace during that b
payment is being requested,
month, and each resident's t Level
of admission. of Car for the billing month. SERVICE AGENC w
provided resident's PID# a
H. The SERVICE AG ENCY is under no
he SERVICE AGENCYttol juvenile
be i forplacement
residency w ho is deemed by
facilities.
I. The SERVICE AGENCY shall
mon monthly basis.
resident's Probation Officer �
written report of the resident's progress
]. if a resident l il or is involve in al incident of a serious nature, ature, the SEF
departure, becomes seriously
AGENCY shall notify the resident's P T o nsure that O at p'arents�and� proper authoritiees, Pncu d
Pla Officer immediately
Texas Deportment of Hurnan Services, are also notified immediately.
K. The JUVENILE DEPARTMENT reserves the right to terminate a res
placement at th dent to any SERVICE person a t its di The
than the SERVICE AGENCY in' NT witt'
release a resiny p
prior express written consent of the JUVENILE DEPARTMENT.
2
illy
�Y
the
;ent
e of
ILE
the
pay
of
for
a ten
rh om
illing
ill be
i n its
VICE
the
ent's
t not
it the
Vol
L. Prior approval must be obtained from the JUVENILE DEPARTMENT before
any resident's participation in any R� visits, r
SPONSIBILITYfor any actions,inc deits,ac tc.
SERVICE AGENCY accepts FULL
that resident may be involved when removed from SERVICE AGENCY's facilities for any
reason whatsoever.
M. Unless otherwise stipulated by the JUVENILE DEPARTMENT, a resident May
freely visit with parents and relatives at the SERVICE AGENCY, in accordance with established
SERVICE AGENCY policies. ,
N. Suspected or alleged cases of child abuse be facilities ediately r eported led toGhe JUVE 1LE
whether involving residents, staff, or others, mus
DEPARTMENT Placement Officer and the Department of Human Services.
AGENCY recognize the following Neb asks
JUVENILE DEPARTMENT and SERVICE
Legislature regarding allegations of child abuse at residential facilities:
(1) When any physician, medical institution, nurse, school employee, social wo ker,
or other person has reasonable cause s
to be lieve child being subjected b
conditions o�
child abuse or neglect or observ
circumstances which reasonably would res of child abuse or neglec m de to
shall report such incident or cause p
the proper law enforcement agency o s
othe Su Port on y o y by
established by subsection (2) of th
lowed by
telephone with the caller giving his a available shall contain the ad { d essf a g of
a written report, and to the extent
the abused or neglected child, the address of the person or persons having custody
of the abused or neglected child, the nature and extent of the child abuse or
neglect or the conditions and circumstances which would reasonably result in abuse or neglect
such child abuse or �a any other°iinforrmat on which in the opinion of
including the nature a� such
the person may be helpful in establishing the cau perpetrators. Law en ag n es
and the identity of the perpetrator
receiving any reports of child section 18 g on the under
ext this
working day shall
phone
the department pursuant to sectton
Stat. 28 -711)
or mail. (Neb. Rev.
(2) The department shall establish t an day of the number to be
reports use any f child
person any hour of the day or i g y
abuse or neglect. Reports of child e nmmediat ly such agency ybthe or eglect not
law enforcement agency shall
department.
O. The SERVICE AGE shall
th DEPARTMENTand, it i further
without prior approval of a physician hospitalization
provided that the SERVICE AGENCY shall obtain emergency
medical care and ilos P
for residents as needed, recognizing ' pare n s nd the JUVENILE DEPARTMENTrmustabe given notice
responsibility of residents pate
within twenty-four (24) hours of any emergency treatment or hospitalization.
Pg 234
P. All identifying information pertaining to each referral shall be held in str
confidence, in accordance with Title III, Section 58.005 of The Texas Family Code.
II. INDIVIDUAL PROGRAM PLAN AND FAMILY INVOLVEMENT
A. Each resident placed with the SERVICE. AGENCY shall have'a written
individualized P- ograte SERVICE AGENCY Staff n d�appropriate JUVENILE DEPARTIv
upon by the approprra
Staff prior to placement.
' B. The ]PP shall be reviewed jointl S EVIC
resident, and the appropriate JUVENILE DEPARTMENT
exceed ninety (90) days, to assess the resident's progress; modifications of the IPP shall be
when indicated.
C: The . IPA shall contain the reasons why the.placement will benefit the resides
shall specify behavioral goals and objectives that' are to be achieved in the SERVICE AGl
placement; and, this shall state a plan as to how the parent(s) and/or guardi an(s) sl
involved in the IPP to assist in preventing or controlling the resident's alleged deli:
behavior or alleged conduct indicating a need for supervision, as defined in Tlie Texas 1
Code.
D. Copies of the original IPP and the • periodic reviews are to be maintained
SERVICE AGENCY and the JUVENILE DEPARTMENT Placement Officer.
III, EXAMINATION OF PROGRAM AND RECORDS
A. The SERVICE AGENCY agrees that it will permit the JUVENILE
DEPARTMENT to examine and evaluate its program of services provided under the terms
Agreement and to review the SERVICE AGENCY's resident records. This examinatic
evaluation of the program will include unscheduled site visitations, observation of progrs
operation, interviews, and the submission of questionnaires to the staff of the SEF
AGENCY and the residents.
B. The SERVICE AGENCY shall provide to the JUVENILE d b
P RTiheNUVI
such information on 'residents as requested on forms p' Y
DEPARTMENT.
C. The SERVICE AGENCY agrees to maintain and make available for inspection
MENT and 0 or reproduction by an authorized representative of the JUVENILE DEPART
of Texas, books, documents, and other evidence pertaining to costs and expenses
Agreement, hereinafter called the "Records."
D. The SERVICE AGENCY agrees to maintain these Records for three (3) yea
final - payment or until the State- approved audit has been made and all questions therefi
resolved.
4
the
t to
ade
and
CY
I be
uent
nily
the
this
and
s in
audit,
State '
i f this
after
i are
�? _ g
IV. GOALS, OUTPUT, AND MEASURABLE OUTCOMES
Qrees to pursue the goals and values of the JUVENI
A. The SERVICE AGENCY a' ee DEPARTMENT through providing services to o in which services are utilize(
° fullest
Po t en tial. This isdevelopm m will
growth and development. to the resider
accomplished. through provsion of a safes, d r a c
tools for educational, emotional, and beln
B. The SERVICE AGENCY shall provid Gov the
t F its residents. DEPARTMENT
Th is nformation s
that outlines the output measures of the services p working days from executio
be provided to the JUVENILE DEPARTMENT any revisions or updates of
yslnfollowing ited to:
)
this Agreement and within ten (10) g
information. These output' measures may include, but are not lim
I. Average length of stay of residents;
2. Specific types of milieu implemented by the SERVICE AGENCY;
;. each resident daily, week]
Average number of counseling hours provided
monthly; and
4. Number and types of reputing measures.
C. The SERVICE AGENCY ,agrees to furnish the JUVENILE DEPARTN
information on annual indicators which f o u re
ts the
residential serv effectiveness ormatio ER
AGENCY in providing public benefits days from the execu
furnished tb the JUVENILE DEPARTME working days from ( ally annual update of such infonr
this Agreement and within ten (10)
These measurable outcomes may include:
1. The percentage of residents successfully completing the program.
2. The percentage of residents who are reunited with family or guardians.
3. The percentage of youth who remain drug -free, do not re- offend and/or remain
in school for a designated aftercare period.
V. FEE ASSESSMENT
A. Residents or their fa Court shall
urto ders fee a assessed aeg
m ts. The SERVICE AGENCY
SERVICE AGENCY, unless the from
the JUVENILE DEPARTMEN 1ieslof precluded
do at ons of clothe ng, person attic
voluntary contributions from fau
funds to assist in supporting a youth's rehabilitation.
B. If a resident is eligible for fiscal support from another agency or organization,
the SERVICE AGENCY shall ensure that the JUVENI E DEPARTMENT is not billed f
fiscal support for which the resident is otherwise eligible
,E
be
as
hall
I of
that
i, or
/ICE
11 be
on of
and
and
such
1 W 6234e
���1. Pg•
VI. EQUAL OPPORTUNITY
ided by the SERVICE AGENCY in compliance with he r
A. Services shall be prov
Rights Act of 1964- The SERV[C eecau a of race gio iscolor, sex,a at onal o igin, late
applicant for employment, or resider
handicapping condition.
ICE AGENCt eulloaeestreated fairly t
B. The SERVirly during employment, witl•
recruited, hired and trained, and that P y e or handicapping condition.
regard to their race, religion, color, sex, national origin, age,
C. The SERVICE AGENCY agrees that it shall adopt and implement workp
guidelines Concerning persons with AIDS and a of AIDS and H1V ed informafor
implement guidelines regarding Co nfid y sel
employees df said SERVICE AGENCY Ce the provision found in Acts s 1989, 7 1 1
JUVENILE DEPARTMENT, in accord
Ch. 1.195, Section 5 -03 and Section 5.04.
VI OFFICIALS NOT TO BENEFIT
A body
No officer, member or employee of the JU S E ILEa„DEo her p MENT or al
AGENCY, nor arty member of. their governing
project is situated or being Carrie
governing body of the locality or localities in which the
who exercises any functions or responsibilities in ay in the ecisio or
relating of s c 1
g
carrying out of this project, shall Participate or pecuniary interest, direct or indirect, i
affects his personal interest, have any personal
Agreement or the proceeds thereof.
VIII. DEFAULT
The JUVENILE DEPARTMENT may, by written notice of default to the
A.
SERVICE AGENCY, terminate this Agreement in whole or in part, upon any one
following circumstances:
I. If the SERVICE AGENCY fails to perform the work called for
Agreement within the tirne specified herein or any extension thereof; c
2, if the SERVICE AGE o f atosprosecue ntheany
wo k as to endanger provisions
of this Agreement,
perfonnance of this Agreement in accordance with its terns.
B. Upon occurrence of either of these two circumstances, me of time to cure such
GENCy an ex
DEPARTMENT may grant the SERVI GE fails to cure such failure with n a per o
provided, however, that if SERVICE A nsion authorized by the JUVENILE DEPARTMENT, the JU
(10) days from such exte
DEPARTMENT may terminate this Agreement in writing.
le sou
C. Upon receipt of information own
y of monitoring �sions herein a lie JU'
the SERVICE AGENCY has no t complied reement in accordance with Article X. herein
DEPARTMENT may terminate this Ag
discretion, take other corrective actions it deems necessary, including but not limited to:
or
ace
for
the
ICE
the
out
H or
this
the
this
NILE
rilure;
of ten
that
, at its
Vol. 1�7 P a 37
1. Requiring the SERVICE AGENCY to take specific corrective action in
remain in compliance with this Agreement;
2. Recoup payment made to SERVICE AGENCY;
3. Impose recommendations from audit to investigative findings, or sanctions; and /or
4. Suspend, place into abeyance, or terminate any contractual rights, including but
limited to, withholding payment, cessation of placement and /or removal of any of the reside
then in the'program.
IX. ASSURANCES
A. Services provided under this Agreement shall be provided in accordance with
all applicable local, state and federal rules, regulations, laws, statutes or ordinances.
8. The SERVICE AGENCY certifies compliance with all terms, provisions and
requirements of Title VI and VIi, Civil Rights Act of 1964, the Americans With Disabilitit
of I990, and any other federal, state or local rule, regulation, law, statute or ordinance appl
to the performance of this Agreement.
to
not
;nts
Act
C. The SERVICE AGENCY certifies that it and/or its staff have obtained all
necessary licensing and permitting to enable it to carry out its obligations under this Agreement
and that SERVICE AGENCY and its staff have professional liability insurance.
D. Pursuant to Section 231.006 of the Texas Family Code, the SERVICE AGE14CY
certifies that it is not ineligible to receive the state - funded grant, loan, or payment and
acknowledges that this Agreement may be terminated and payment may be withheld i this
certification is inaccurate.
E. The SERVICE AGENCY agrees to account separately for the receipt and expend
of any and all state funds received from the JUVENILE DEPARTMENT.
F. The JUVENILE DEPARTMENT,I3Y THIS AGREMENT, is engaging with
the SERVICE AGENCY in whole or in part to provide services, more particularly described
above. Either party to this Agreement may be a covered entity under the Healthy Insurance
Portability and Accountability act ( HIPAA). The SERVICE AGENCY shall, during the term
this Agreement, remain in compliance with all of the applicable HIPAA regulatory provisior
The JUVENILE DEPARTMENT reserves the right to receive assurance of compliance, incli
but not limited to, inspection of the SERVICE AGENCY's HIPAA policies, procedures and
practices. The SERVICE AGENCY shall inform the JUVENILE DEPARTMENT of any
breaches or violations that may occur during the tern of this Agreement, incl uding breaches
violations made by business associates, representatives or agents of the JUVENILE
DEPARTMENT. Failure to comply with this provision is a breach of this Agreement and in
JUVENILE DEPARTMENT's sole discretion may result in termination of this Agreement e
other appropriate action.
G. The SERVICE AGENCY certifies that it has in place insurance against personal
injury and property damage that may be suffered by any person or entity as a result of the us
its residential facilities used in performance of its obligations hereunder. The SERVICE
7
of
of
Vol . 1(o7 Pg . a38
AGENCY shall indemnify the JUV a Co SE
I acts of
D E P AR TM ENT
u Py 1 ar for any injuyCclaim or property VI
JUVENILE DEPARTMENT and Brazos
damage or loss suffered by any party as a result of the negligence or intentiona
AGENCY relating to SERVICE AGENCYfs or h old harmless the JUVENTLE
AGENCY shall not be required to widen y p' ents, re i esentatry
or Brains County e DEPARTMENT intentiona
or Brazos Coluipyyees, ag
or volunteers of th
X. TERMINATION
A. This Agi'
eeiment ma y be terminated by either party by giving ten (10) days written
notice to the other party hereto of the intention to terminate.
B. Termination by the SERVI E DEPARTMENTlPIace meet officer er ofthe causes are
only after first notifying the JUVEN
with lead -time of at least ten (10) days to allow alternate placement or referral for service
elsewhere.
XI. LAW AND VENUE
A. Any legal action arising under this Agreement, the laws of the State of Texas
apply and venue shall be in Brazos County.
XIL AGREEMENT TERM
A. The term of this Agreement will begin on the date of execution of this instrument
will terminate on the 3 ! of July 2014.
This Agreement is signed and executed this ist_ day of ___quaust 2012.
B RAZO UNTY JUVENI SERVICES DEPARTMENT
By ' E, cutive Director
Dr. Doug V ce,
Brazos Cou Juvenile Sery ices Department
1904 West Highway 21
Brian, TX 77803 -1217
Phone: 979 - 823 -3544 ext. 223
Fax: 979 - 822 -60
FATHER FLANAGAN'S BOYS' HOME
By:
an Daly, Executive Vice President and Director of Youth Care
Father Flanagan's Boys' Home
13603 Flanagan Boulevard
Boys Town, Nebraska 68010
Phone: 402 -498 -33
Fax: 402 -498 -1125
shall
and
Vol. / � Pg.——
ADDENDUM 41
Family Home Program
At this service level, the care provided in the Boys Town Family Home Program is based on a
research - proven and evidenced based model of care. Youth live in a family -style home and
receive care from professionally trained married couples called Family- Teachers. Six to eight
boys or girls, usually ages 10 to 18, live in each home. The couple and a full -time Assistant
Fain i ly-Teach er are responsible for providing monitoring and supervision for youth in their dai
living and structured activities. This includes meeting the educational, emotional, and behavior
needs of the youth in care. A major focus of this program is teaching youth social, independen
living, and educational skills, and helping them build healthy relationships with others. With a
focus on reunification, the Family- Teaching staff works with families to achieve permanency,
safety, and child well - being.
Youth admitting to the program are first served by using our research proven evidenced based
model of care, which is a teaching model. If it is determined that a youth could benefit from
therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual,
family or group therapy based on an assessment. For youth on medications they will be referre
for medication management_
ADDENDUM #2
Payment Terms and Conditions FFBH shall be compensated $138.25 per day per youth
Family Home Services. FFBH shall be compensated $180.00 per day per youth for
Enhanced Family Home Services. FFBH shall be compensated for the date of the youtl
entry into FFBH's facility or program, but not for the date of youth's discharge from
FFBH's facility or program. The Department shall make payment within thirty (30) day
of submission of an invoice.
2. Medical Dental Pharmacy and Optometry: FFBH will be financially responsible for all
medical, dental, psychiatric, pharmacy, optometry, and therapeutic care provided to a yo
up to a maximum of $5,000 annually. Any medical, dental, pharmacy or optometry need,
that exceed the $5,000 maximum annually will be the financial responsibility of the
Department.
3. Transl2oitation: FFBH shall be financially responsible for transportation costs, including
those at the time of admission and departure as well as visits for youth, relative or other.
4. Clothing and Personal Needs: The Department will ensure that youth has adequate
for the duration of treatment in FFBH's programs.
0
th
VoL I. � Pg. ago
CONTACTS
PRTF Billing Contact
Behavioral Health Billing Specialist
Jodi Doughty - Billing Office
1941 South 42" Street, Suite 380
Omaha, NE 68105
(402) 280 -8110
Jodi.douglity(@bo
Family Homes Billing Contact
Assistant Department Financial Officer
Jim Fees -YC Building
13603 Flanagan Blvd
Boys Town, NE 68010
(402) 498 -1957
james.fees @boystown.org
Agency Contact Billing Address
Lisa Lyon.
1904 West Highway 21
Bryan, TX 77803
979 - 823 -3544 ext. 222
I1 vonnco.brazos.tx. us
Boys Town Medical Billing Contact
Dani Figgins- Insurance Specialist
13603 Flanagan Blvd.
Boys Town, NE 68010
402 -498 -1912
danielle.figgins @boystown.org
Notification to FFBH: All written communication and notifications regarding
services shall be made to:
Jodi Gasper
Father Flanagan.'s Boys' Home
13603 Flanagan Blvd
Boys Town, NE 68010
(402) 498 -3343
Jodi.gasper@boystowii.org
Notification to Azenev: All written communication to Agency shall be made to:
Linda Ricketson
1904 West Highway 21
Bryan, TX 77803
979- 823 -3544 ext. 222
Il
10
VoI 161 -Pg. a4(
A -133 AUDIT OF FEDERAL FUNDS REPORTING INFORMATION
Please complete this entire form
Agency Name Brazos Coungg .Tuveni 7 S rv;
1) In regards to the A -133 Single Audit Act, do you consider FFBH a vendor
sub recipient of federal monies?
Vendor x , go to question #2
Subrecipient , go to question #3
2) As a vendor, are there federal or state funds attached to this contract that
your State requires to be reported under the A -133 Single Audit Act?
No x
Yes , go to question #3
3) Please identify the related percentage of federal funds and CFDA number
your contract:
E *J Catalog of Federal Domestic Assistance number or Catalog of Florida
Financial Assistance
As the Agency it is necessary for you to complete this portion of the
contract and return. This information is required as part of the A -132
Federal Awards Audit. If you have any questions related to the
completion of this page,
please contact Cheri Sash at (402) 498 -3147.
0
Vol. 1�7 P aka
SECOND RENEWAL TO LEASE
PRECINCT 1, CONSTABLE'S OFFICE
This Second Renewal to Lease ( "Second Renewal ") is made and executed by and between
SOUTHWOOD WEST, a Texas General Partnership, 1105 Peach Creek, College Station, Texas, 7784S, as
"Lessor", and BRA20S COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave.,
Suite 332, Bryan, Texas, 77803, as "Lessee ".
RECITALS
WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21,
2010; and,
WHEREAS, the Lessor and Lessee entered Into a renewal term ( "First Renewal Tern ") on
September 27, 2011; and,
WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) yea each,
effective on October 1 of the year of renewal; and,
WHEREAS, the lease further provides a fixed monthly rental for the Initial term of the Le se and
all subsequent renewal terms in the amount of $2,213.50, payable in monthly installments on t e first
day of each month for the term of the Lease, and any subsequent renewal terms; and
WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) addition I year
beginning October 1, 2012 and terminating on September 30, 2013; and
NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the
following amendments to the Lease.
AGREEMENT
1. Renewal Term. This second renewal term ( "Second Renewal Term ") shall be effective October
1, 2012 and will terminate September 30, 2013. Additional subsequent renewal terms will be
subject to the terms and conditions of the Lease and this Second Renewal. If there are any
conflicts between this Second Renewal and the Lease, the terms of this Second Renewal will
control. This Second Renewal Term shall be conditioned on the same terms set forth in the
Lease, save and except those terms that are amended herein.
2. Lessor's Address. All notices to Lessor and payments of Rent shall delivered to the
address:
Southwood West, a general partnership
1105 Peach Creek
College Station, Texas 77845
3. No Amendments. Except as expressly modified herein, the Lease Is not amended.
Vol I �7 P a43 �9
4. Signatures. This Second Renewal and all other copies of this Second Renewal, insofar
relate to the rights, duties, and remedies of the parties, shall be deemed to be one agi
This Second Renewal may be executed concurrently In one or more counterparts, each
shall be deemed an original, but all of which together shall constitute one and tl
Instrument. The parties expressly agree that a copy of this Second Renewal transrr
facsimile or email that contains the signature of one of the parties, shall for all purl
treated as an original and shall be binding against the parties hereto.
S. This Second Renewal shall be effective for all purposes as of the date set forth below
6. Miscellaneous Provisions.
a.
as they
which
same
ed by
;es be
Notices. Any notice required by or permitted under the Lease or this Second F enewal
must be in writing. Any notice required by this Second Renewal or Lease will be eemed
to be delivered (whether actually received or not) when deposited with the United
States Postal Service, postage prepaid, certified mail, return receipt requested, and
addressed to the intended recipient at the address shown in the Lease. Notice ay also
be given by regular mail, personal delivery, courier delivery, facsimile transmis ion, or
other commercially reasonable means and will be effective when actually receivi id. Any
address for notice may be changed by written notice delivered as provided lereln.
Copies of each notice must be given by one of these methods to the attorney of the
party to whom notice is given.
b. Entire Agreement. The Lease and this Second Renewal, constitute the entire
agreement of the Lessor and Lessee. There are no oral representations, warranties,
agreements, or promises pertaining to the lease or Second Renewal by Lessor or Lessee.
c. Severability. The provisions of this Second Renewal are severable. If a court of
competent Jurisdiction finds that any provision of this Second Renewal Is unenforceable,
the remaining provisions will remain in effect without the unenforceable parts. '-4&
Dated this �� of
20�
Lessor:
SOUTHWOOD WEST,
a Texas general partnership
By: I
Name:
Title:
Attest:
By:
rn c2 44
Vol. ' "" p8•
6` L 0
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent
Leslie Williams, Asst. Purchasing Agent
September 18, 2012
Tiffany Weft, Sr. Buyer
Gail Davis, uyer
Gendron & Thibodeaux Phone: 979- 775 -9500
219 N Main St. Suite 302 Fax:
Bryan, TX 77803 Email: gendron@suddenlink.com
Attn: Patrick Gendron
Re: Renewal of Contract for Legal Representation to Indigent Juveniles — 2013 -13R
Brazos County would like to exercise the renewal option for Legal Representation to Indigent Juve ' es — 2013 -
13R, previously known as 2011 -33, for the Brazos County. All terms, conditions, and pricing shall remain the
same. Term of the renewal will be from October 1, 2012 to September 30, 2013
To accept the renewal option, please fill out the information and sign below. Return this letter by email to
Williams @brazoscountytx.gov or fax to (979) 361 -4293 and submit an original and an updated Certificate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 361 -4294.
Contact Name: �'Ci� (k l `i L ✓x d r6 r— Telephone: (� -1
E -Mail: PN�d� v✓ 5��4 t� l' h f t'"« -�, Fax:
U
Z ON & THIBODEAUX
atrick Gendron Date
RA OU
9-
Duane Peters, County Judge Date
Sou
Vol. I � Pg . ass
Brazos County
............ Purchasing =� g
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent
Leslie Williams, Asst. Purchasing Agent
August 24, 2011
Contech Construction Products
12010 Tomball Parkway
Houston, TX 77086
Tiffany West,
Gail Davis, Bu
Phone:.)-3 i _?
Fax: �'� - a 4 lr 7 �C-3
Email: lsmith@conteches.com
Attn: Lamar Smith
Re. Renewal of Conbwct for Steel and Aluminum Culvrrts — 2013 -06R
Brazos County would like to exercise the renewal option for Steel and Aluminum Culverts — 2013 -06R,
known as 2012 -07R, 2011 -01R and 2010 -01, for the Road and Bridge Department. All terms, conditions
pricing shall remain the same. This renewal is number three (3) of a three (3) year option as provided for
original bid (2010 -01). This agreement will be in effect from October 15, 2012 to October 14, 2013.
and
n the
To accept the renewal option, please fill out the information and sign below. Return this letter b email to
lwilliams@brazoscountytx.gov or fax to (979) 3614293 and submit an original and an updated Ce ' sate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 3614294.
Contact Name:
E -Mail: i , L. O C - � e C C. _• S , (' C-*% r1.l Fax:
Contech Construction Prod
Signature
B t SC
Duane Peters, County Judge
- 7
�—
Date
Date
pg.
- � *' E 0 1 T�
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
Charles Wendt, Purchasing Agent Tracy Stracener, Asst. Purchasing Agent
Leslie Williams, Senior Buyer Tiffany Wes Buyer
August 24, 2011
Hanson Pipe & Precast Phone: 713 -466 -6306
P.O. Box 40444 Fax:
Houston, TX 77240 Email: dustin.kruger @hanson.com
Attn: Dustin Kruger
Re. Renewal of Contract for Concrete Culverts — 2013 -06R
Brazos County would like to exercise the renewal option for Concrete Culverts — 2013 -06R, previously known as
2012 -07R, 2011 -0111 and 2010 -01, for the Road and Bridge Department. All terms, conditions, and pricing shall
remain the same. This renewal is number three (3) of a three (3) year option as provided for in the original bid
(2010 -01). This agreement will be in effect from October 2012 to October 14, 2013.
To accept the renewal option, please fill out the information and sign below. Return this letter email to
lwilliams@brazoscountytx.gov or fax to (979) 361 -4293 and submit an original and an updated Certificate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 361 -4294.
Contact N afi<: --t,3 _ Telephone: )30 ' I
E -Mail: Fax: 430 f'o
Pipe & P cast
ignature Date
B OS UN
�-a' _ 5
Duane Peters, County Judge Date
a ��
Pg. �-
Brazos Coun
v
ti ll ' ��//
Pu rchasing De
'•`� pa
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent
Tiffany West, Senior Buyer
August 30, 2012
Leslie Williams, Asst. Pureh
Gail Davis,
Agent
F. N. Ploch
1785 Watson Lane East
New Braunfels, TX 78130
Attn: Fred Ploch
Phone: 830 - 609 -2971
Fax:
Email: dpploch@aol.com
Re: Renewal of Contract for Seal Coat — 2013 -07R
2 Brazos County would like to exercise the renewal option for Seal Coat — 2013 -07R, previously known as 2012-07R,
011 -05R, 2010 -11R and 2009 -08 for.the Road and Bridge Department. All terms, conditions, and pricing shall
remain the same. This renewal is the last one year option as provided for in the original bid (2009-08). This
agreement will be in effect from October 15, 2012 to October 14, 2013.
To accept the renewal option, please fill out the information and sign below. Return this letter by mail to
twill iams@brazoscountytx.gov or fax to (979) 361 -4293 and submit an original and an updated Certificate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 361 -4294.
Contact Name: Telephone: 930 -- l -e C a
i d .,�1"'A C� /
-Mai I'_ � L C -G � Fax:
1'. N. Ploch
Signature Date
ZOS UN Y
i
Duane Peters, County Judge Date
VoL i Vl� P g•— �� _
BID TABULATION 2013-06R
Previously known as 2012-07R, 2011-05R, 20104 1 R and 200948
October 15, 2012 through October 14, 2013
-
F R,PC T"I'l 3 - 4
. '"'
F.N. PLOCH
LOCATION
RATES
ESTIMATED
CONSTRUCTION
GAIJSQ YD
SQ YD
New Braunfels, TX
PCT 1
0.40
39,014
1.600
0.42
272,054
1.640
0.40
39,948
1.600
PCT 2
0.42
251,697
1.640
PCT 3
0.40
32,018
1.600
0.42
109,157
1.640
PCT 4
0.40
11,281
1.600
0.42
198,714
1.640
0.40
122,261
$195,617.600
TOTAL:
8311,622
$1,363,860.080
0.42
Grand Total
953,883
$1,559,477.680
RECOMMENDATION: Primary: Fred A. Ploch
Secondary: None
� 0�4W� r2O
A,ty ommis lo Lr's Court onthis day of 12 by
holding the position of
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�P> ut,..4
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent Tiffany West, Senior Buyer
Leslie Williams, Asst. Purchasing Agent Gail Davis, Buyer
CONTRACT TERM:
2013 -05 MAILING SERVICE
October 1, 2012- September 30, 2014
Brazos County is soliciting quotations for an Annual Contract for United States Mail Processing
and other ancillary mail duties for Brazos County governmental offices. All other tools
implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary
to carry out the services as required for this operation will be provided by the successful bidder.
Price quoted must be for a two (2) year period, with an option for renewal for two (2) additional
one (1) year periods. For any questions, please call Leslie Williams, Brazos County Purchasing
at 979 - 361 -4294.
PICK UP LOCATIONS:
1. Brazos County Tax Office, 300 E. Wm. J. Bryan Pkwy, Bryan
2. Brazos County Administration Building, 200 S. Texas Ave, Bryan
SPECIFICATIONS:
MAIL SERVICE:
• Pick up Brazos County's outgoing mail each Monday through Friday (exclusive of
Federal and County holidays) between 2:00 p.m. and 2:30 p.m. at two Brazos County
Locations. (Please see locations above)
• Sort, weigh and affix first class postage to all mail the same day it is picked up form
Brazos County.
• Deliver by courier to a processor of choice; all first class mail weighing two (2)
less which can be bar - coded. (The processor of choice will barcode and d
mail to the United States Post Office in Houston, Texas.)
• Vendor will inform Brazos County of the processor of their choice b
service is started. Vendor shall inform Brazos County with in 30 days of ai
of processors during the course of this contract.
• Take all mail that is not suitable for bar - coding, to -wit items weighing more th
ounces, or of a non - standard size, or larger than a # 10 envelope to the Bi
Exhibit "B"
Page I of 4
noes or
ier the
re any
change
two (2)
n Main
Vol. � Pg. 425 --
•
United States Post Office at 2121 E. Wm. J. Bryan Pkwy, Bryan, Texas for mai
the same day that it is picked up from Brazos County.
Provide a monthly report showing the number of pieces of mail processed each c
number of pieces processed for bar - coding and the total amount of postage cost rel
by the postage meter for the Brazos County Mail ONLY. (Ex: Excel Spreads
software means)
Listed below is an estimated pieces of mail sent by Brazos County in a yea
This is just an estimate. Brazos County will not be obligated to any minin
maximum quantities of mail. Pieces of mail will vary in quantity and size everydal
Mail Service
Estimated PiecesNrear
1 st Class
99,046
Post Cards
65 046
1/2 oz Bar -coded Mail
135,471
Total Pieces
299,563
Total Posta a Paid
$156,766.02
on
iy, the
istered
feet or
span.
im or
SPECIAL CIRCUMSTANCES: When required by special circumstances, vendor shal accept
Brazos County's outgoing mail at vendor's place of business when delivered there by Brazos
County prior to 4:00 p.m. vendor shall affix postage to Brazos County outgoing mail when
received prior to 4:00 p.m.
Vendor shall choose one of the two options below.
Postage Meter - OPTION 1
• Vendor will provide a postage meter that will be dedicated solely for Brazos
Mail.
• Vendor shall be responsible for the lease, all necessary repairs, service, mair
and /or replacement of the dedicated meter.
• Vendor will be responsible for monitoring postage usage and for making a timer
for additional postage. (See NOTE 1 below)
Vendor will use the dedicated postage meter for Brazos County mail only.
Vendor will use bulk mail permit number issued to Brazos County by the Unite
Postal Service for Brazos County mail only.
• The vendor will be responsible for providing all labor, equipment, mate
consumables necessary for the production of the mailing service.
County
tenance
request
d States
rial and
NOTE 1: Subsequent filling of the meter will be handled as follows: Vendor shall be
responsible for submitting a memorandum to the Brazos County Purchasing Agent at least thirty
(30) days prior to the projected completed consumption of the postage on the postage meter or
when the meter reads $7,500.00 in postage. Brazos County will be responsible for adding
postage amounts to the Pitney Bowes meter.
Exhibit "B"
Page 2 of 4
Vol. I "` g
P . d_5
Postage Meter - OPTION 2
• Vendor shall advance or prepay the cost for all postage for Brazos County. razor
County will then reimburse the vendor each month, after the County Auditor receives the
report containing the mail count as mentioned in the specifications.
V
• endor will use bulk mail permit number issued to Brazos County by the United States
Postal Service for Brazos County mail only.
Vendor will be responsible for monitoring postage usage.
Vendor will be responsible for adding postage amounts to the postage meter.
Successful bidder must provide evidence of Workers' Compens tion
and General Liability Insurance prior to award.
(1) Statutory Workers Compensation Insurance with Employers iabilit
Insurance in the amount of $1,000,000 In the event any work is sublet,
the contractor shall require the subcontractor similarly to provide the same
coverage and shall himself acquire evidence of such coverage on behalf of
the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 500,000 (
Single Limit. The policy shall be on the Comprehensive General
1986/90 occurrence form, and shall include coverage for
independent contractors, and shall name Brazos County as an a
insured. Waiver of subrogation is required. No claims made
Management.
(3) Automobile Public Liability Insurance with a $500,000 Combin
Limit, in all self - propelled vehicles used in connection with the
whether owned, non -owned or hired. Waiver of subrogation is i
Successful bidder must agree to the attached contract. The attached
will not be valid until approved and signed by both parties.
Please fill out below and hand deliver or mail by 5:00 P.M., Monday, September 1
You must fill out the "Solicitation for Quotes" below. "Solicitation for Quotes" m
be signed by an authorized representative of the vendor. "Solicitations for Quotes
submitted in a sealed envelope clearly marked. For any questions regarding this c
please contact Leslie Williams at 979 - 361 -4294 or email h
lwilliams(&brazoscountvtx.gov. The SOQ must be received by the due date and ti
will not be considered by Brazos County.
Exhibit "B"
Page 3 of 4
ibined
ability
cts of
itional
Single
uired
, 2012.
ist also
lust be
at
or it
Vol.—/ 6 7 P a55
Solicitation of Quote
Mailing Service
Brazos County will pay a percentage of the total postage used on Brazos County ail as
measured by the amounts recorded on the Pitney Bowes mail meter used y the
winning bidder for Brazos County.
Cost of Mail Service
% ) ZS I D
ar
Option Choice
Must choose one of the two options provided
above for this quote to be valid
Processor of Choice
U
The undersigned affirms that they are duly authorized to execute this contract, that this
not been prepared in collusion with any other bidder, and that the contents of this bid t
been communicated to any other bidder prior to the official opening of tF
Furthermore, the bidder affirms that they are willing and capable of performing the
entailed in this bid or providing the goods described in this bid, and agrees to do so for 1
of this contract. The bidder also agrees to all of the terms and conditions contained
document and agrees to be held to them for the term of this cont�
Signature of Authori7,ed Representative:
Company Name: Ip AW 1 J—fM
Address: Z.. S ���G•
Telephone: �72 Cl —27 / ( Z '`f —
Email Address: C��Q� UQ; • Pt4 Q d 40X,
Tax Identification #: - 7 D
Exhibit "B"
Page 4 of 4
has
not
bid.
ie term
in this
vot.— / � 7 P -95�-
CONTRACT 2013 -05
FOR
MAIL SERVICE
This Contract for Mail Service ("Contract ") is between Brazos CC°unty, 'exas,
hereinafter "County," and le 4 J11Ih` S e1Z V/ G0 hereinafter
"Vendor ", for the purchase of mail operation services, as further described herein.
1. TERM
This Contract is for a term of two (2) years, beginning on October 1, 012
and ending on September 30, 2014.
The County may, at its option and with the agreement of Vendor, extend
the period of this Contract for two additional one (1) year terms. The Counry shall
notify Vendor in writing of its intent to extend the Contract period at least thirty
(30) calendar days prior to the expiration of the original Contract period, or any
additional term thereafter.
2. PAYMENT
As consideration for performance of the duties described herein, County
shall pay •Zs % of the total postage used on Brazos County mail as
measured by the amounts recorded on the dedicated mail meter used by Vendor
for Brazos County mail only.
Payment under this Contract shall be made in the manner proviae
Invoices shall be prepared and submitted to the Brazos County Audit
accordance with any additional instructions provided on the purch,
Invoices shall contain the following information: Contract number,
order number, description of services, quantities, unit prices, and exten
Payments to Vendor shall be made no later than thirty (30) days after
the Brazos County Auditor of a proper invoice.
3, INDEPENDENT CONTRACTOR
Vendor shall perform all duties stated in the Agreed Scope
Exhibit "A" and Exhibit "B ", attached hereto and incorporated herein.
shall perform services at the location(s) and time(s) stated in Exhibit
Exhibit B ", or in the purchase order requesting such services. Vendo
acting as an independent contractor and not as an employee of the Coun
independent contractor, Vendor shall have no authority, express or it
commit or obligate the County in any manner whatsoever.
by law.
and in
order.
totals.
ipt by
f Work,
Vendor
"A" and
shall be
�. As an
plied, to
1 . Pg. � �.�
4. GENERAL PROVISIONS
Vendor shall operate in accordance with all applicable federal
regulations. Vendor shall provide remediation as required.
Vendor shall provide a secure location for document storage
becomes necessary.
Vendor shall follow all U.S. Postal regulations and comply with
current edition of the United States Postal Service Domestic Mail Manual.
Vendor shall provide its services, as well as reasonably related sery
accordance with all applicable professional standards of an independent col
providing mailing services. Vendor represents and warrants that it l
requisite qualifications, experience, personnel and other resources to 1
mailing services as required by this Contract. Vendor shall assign only q
personnel to perform the services contemplated by this Contract. Vendo
reasonable discretion, reserves the right to substitute appropriate key persc
accomplish its duties so long as the substituted personnel are equally qualif
skilled in the tasks necessary to accomplish the tasks and services required.
The Brazos County Purchasing Department will serve as the
contact between Brazos County and Vendor. The Purchasing Departir
supervise any review of Vendor's technical work, deliverables, payment
schedules, and similar matters. The Purchasing Department does not
express or implied authority to vary the terms of the Contract, amend the
in any way or waive strict performance of the terms or conditions of the C
5. INSURANCE / INDEMNIFICATION
state
such
most
, in
;tor
the
in its
nnel to
ied and
int of
r shall
any
Brazos County shall not be required to purchase any insurance agai st loss
or damage to any personal property to which this Contract relates, nor shall this
Contract require the County to establish a self- insurance fund to protect against
any such loss or damage. Subject to the provisions of the Texas Tort Claims Act,
Vendor shall bear the risk of any loss or damage to any personal property i 1 which
Vendor holds title.
The Vendor, before starting work for Brazos County, must fun
County a Certificate of Insurance or other acceptable evidence from a r(
insurance company or companies with A.M. Best Rating of AACc
companies to be acceptable to the County) licensed to write insurance in 1
of Texas, showing that the Contract is covered by the insurance as follows:
the
(such
state
2 of 9
(1) st a tutory worKerS %-uu, waaa—.+..
Liability Insurance in the amount of $1,000.000 In the event any
work is sublet, the contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire
evidence of such coverage on behalf of the subcontractor, pursuant
to TEX. LOCAL GOv'T CODE ANN. § 401.01 L
(2) Commercial General Liability- In with a $ 500,000
Combined Single Limit. The policy shall be on the Comprehensive
General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name
Brazos County as an additional insured. Waiver of subro ation
is required. No claims mace poucles arc a A6aUiaum ••••� -�
p rior approval by the Commissioners Court and Risk
Management.
(3) Automobile Public Liability Ins urance with a $1,000,000
Combined Single Limit, in all self - propelled vehicles used in
connection with the contract, whether owned, non -owned or 1
Waiver of subrogation is required.
The Certificate of Insurance furnished to the County shall contain a
provision that coverage under such policies shall not be canceled or mated
changed until at least 30 days prior written notiice has been given to Brae
County
The County reserves the right to require additional lines of insuran a on a
case -by -case basis, depending upon the subject matter of the Contract and the
attendant risks involved in the completion of the contractual work.
6. TERMINATION DUE TO LACK OF FUNDING APPRO
If sufficient funds are not appropriated to continue the function p
in this Contract and for the payment of the charges hereunder, the Coy
terminate this Contract at the end of its current fiscal year. The County
give written notice of termination to Vendor at least 30 days prior to the
current fiscal year. The County will pay to Vendor all regular ci
payments incurred through the end of its current fiscal year. The term
the Contract pursuant to this paragraph shall not cause any penalty to b
to the County or to Vendor.
7. RESPONSIBILITY FOR TAXES
3of9
TION
may
;es to
of its
ation of
charged
Vol. I l9 7 Pg. o? 67
The County shall not be responsible for, nor in demnif y
up V e n dor
s fo r any
federal, state, or local taxes which may be imp o
matter of this Contract.
g, TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this
Contract shall prevail and control over and rt of the Contract t in g whi h
in any other document relating to an y P
attachment is incorporated.
9. SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the a parent
omission from it of a detailed description concerning any point, shall be regarded
only
as meaning that only the best commercpr e t be t
usedr A interpr tations
material and workmanship of the finest qualit ar
of specifications shall be made on the basis of this statement.
10. ESCALATION
Any requests for reasonable price adjustments must be submitted th rty (30)
days prior to the Contract anniversary date.
11. TERMINATION
The County may terminate this Contract if Vendor fails to pe form or
observe any other material term or condition recei° t of ontr
notice of uc h failure h failure
continues for more than ten (10) days a P
from the County or if Vendor becomes insolvent.
12. OFFSET FOR DAMAGES
In addition to all other remedies at law or equity, the County may offset
from any money due to Vendor any amounts
performance under ont acts
damages resulting from breach or deficiencies in p
13. SUBCONTRACTING
Vendor may not assign this Contract or subcontract to an(
performance of the terms and conditions hereof without the written
County, which consent shall not be unreasonably withheld.
party for
sent of the
//-- 4of9
Voi. 1 l9 7 p � CJ
.'n .
L
14. AMENDMENTS
All amendments to this Contract must be in writing and signed
parties.
15. RETENTION OF- RECORDS
both
Vendor agrees to retain all financial books, records, and other documents
relevant to this Contract for five (5) years after :final' payment or .until after the
resolution of any audit questions which could be more than five (5 ) years,
whichever is longer.
If Vendor's books, records, and other documents relevant to this Contract
are not sufficient to' and document that requested services were p ovided,
Vendor shall reimburse the County for the services not adequately suppo led and
documented.
16. RIGHT TO INSPECT' AND AUDIT
The County reserves the right to inspect the use of dedicated
Vendor's place of business and to inspect Vendor's records of mail met
the County.. Vendor agrees to allow the county to inspect its premi
operations, including without prior notice the operation of 'the meter
records related to postal usage for Brazos County mail.
17.. SEVERABILITY
If any term or provision of this Contract is held by a court of cc
jurisdiction to be invalid, void, or unenforceable, the remainder of'the pt
of this Contract shall remain in full force and effect and shall in no
affected, impaired, or invalidated.
18. NOTICES
Notices provided hereunder must be in writing to be effective, and shall
deemed received upon the earlier to occur of (a) actual receipt; or (b) thi
days after the same are mailed by U.S. certified or registered mail, posh
and return receipt requested, to the following address, or to such other a
shall have been provided by notice:
If to Vendor:
neter at
-red for
ses and
and the
petent
way be
(3)
prepaid
ress as
5 of9
I c2s q
}• vox. i Pg..
: Brazos County Auditor
If to the County
200 S. Texas Avenue, Suite 219
Bryan, Texas 77803
19. GOVERNING LAW of Texas and
Contract shall be governed by the laws of nd enforce
This able n Tex
applicable federal law and shall be Fully pe rFormable
20, NUMBER OF ORIGINALS copies, each of which shat be
This Contract may be executed in multiple cop
considered a true and original copy of this Contract.
b and
THIS CONTRACT is made and entered into this
'between Vendor Mail Service and Brazos County .
(Company)
Princ
D Peters, County
U
Brazos County
h. o f 9
Y
Vol.
EXHIBIT A
AGREED SCOPE OF WORK
INTENT
his Contract is to provide ser governmental 1 offices located The intent of t t he
and other ancillary mail duties for the Brazos County g Tax Office. Vendor'is an
Brazos County Administration Building and the Brazos Coun
de all tools, implements,
independent 'contractor and shall lie responsib c
s, equipment, vehicles, and all effort necessary to
personnel, supery ision, labor; supplies,
carry out the services as required for this operation.
Vendor will affix postage to the mail retrieved Coun a Administration h building) Ave. (Brazos
and 300 E. Wm- J. Bryan County offices located at 200 � Brazos County. Tax.Office). y
SCOPE OF SERVICES / TECHNICAL REQUIREMENTS
Vendor will pick up Brazos County's outgoing mail each d °Z 30 p.m. at F riday ° )
Ven holidays) between 2:00 p.m
(exclusive of Federal and county y) Administration Building at 200 S.
Brazos County locations, to -wit, the Brazos County
Te
xas Ave., Bryan, Texas, and the Brazos County Tax Office at 300 E. Wm- J Bryan
pkwy, Bryan, Texas. .
s ecial circumstances, LViendor agrees to accept Brazos ugo When required by p to
County's outgoing mail at Vendor's location at
when
delivered there by Brazos County prior to 4:00 hat sa and del iv er d to the
Vendor prior to 4:00 P.M. will be affixed with postage t
main Bryan U. S Post Office for mailing.
Vendor will sort, weigh and affix first class postage to all mail the same day it is
picked up from Brazos County.
Vendor will .deliver by courier. to a processor of choice, 'all' first class mail
V processor of choice will
weighing two (2) ounces or less which can be bar-coded.' The p
bar -code and deliver the mail to the United States Post Office in Houston, Texas
Vendor shall inform Brazos County of the processor of their choice before any
service is started. Vendor. inform Brazos County within thirty (30) days of any
change of processors during the course of this Contract.
7 o f9
'Vol. ) pg.
Vendor will use the bulk mail permit number issued to Brazos County 0;
United States Postal Service.
Vendor will take all mail that is not suitablfor bar- coding, e than a # 10 envelope
ounces, or of a non - standard size, g
more than two (2) �, Bryan, Tex
Bryan Main United States Post offi cked up from Brazos County. Pkwy, rY
mailing on the same day that it p P
Vendor will provide a monthly report fogbarecoding and the total a showin th number of
processed each day, the number of piece p
of postage cost registered by the dedicated postage meter for the Brazos County ma
VENDOR SHALL CHOOSE ONE OF THE TWO FOLLO'
POSTAGE METER OPTIONS BELOW
POSTAGE METER - OPTION 1
Vendor will provide a postage meter that will be dedicated solely for
County Mail.
Vendor shall be responsible for the le ase,
eter, all necessary repairs,
maintenance and/or replacement of the dedicated
Vendor will use the dedicated postage meter for Brazos County mail only.
the
thing
o the
is for
mail
nount
1.
Brazos
Vendor will use bulk mail permit number issued to Brazos County by the United
States Postal Service for Brazos County mail only.
The vendor will be responsible for providing all labor, equipment, material and
consumables necessary for the production of the mailing service.
Vendor will be responsible for monitoring postage usage and for makin a timely
request for additional postage.
Subsequent filling of the meter will be handled os County b
ty Pur has ng Agent at
responsible for submitting a memorandum to the Bra
least thirty (30Z days Prior to the projected han $consumption
00 00 in postage. postage Vendor shall
postage meter or when the meter registers less ess t
be responsible for monitoring postage usage and for making a timely request for
additional postage. Brazos County will be responsible for adding postage amounts to the
dedicated meter.
8of9
Vol.
POSTAGE METER - OPTION 2
Vendor shall advance or prepay the cost for all np a er for Brazos CAL
OI
Brazos County will then reimburse the vendor ea m
receives the report containing the mail count as mentioned in the specifications.
Vendor will use bulk mail permit number issued to Brazos County by the L
States Postal Service for Brazos County mail only.
Vendor will be responsible for monitoring postage usage.
Vendor will be responsible for adding postage amounts to the postage meter.
Vendor Option Choice:
Cou
Duane Peters, County Juage
ATTEST:
nty.
iitor
aren McQueen
Brazos County Cle
9of9
Von.
1(0 Pg lQ3
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridle DEPT. NUMBER 56001000
DATE OF COURT MEETING: September 25, 2012
ITEM: Consi
Precinct I.
SOURCE OF FUNDS: N/A
EXCEPTIONS:
NOTES:
• owner/Developer: MPM Brazos Place, Joint Venture /Bart Munro, Bill Munro
James M. and Rebecca L. Carter
• Surveyor: Kling Engineering & Surveying
SUBMITTED BY:
� f
R. Alan Munger,
County Engineer
CC2012 -042
APPROVED BY:
Precinct 1
Lloyd Wassermann
This Request is Approved �r) Denied by Commissioners' Court
Dat .
E. Duane Peters, County Judge
V0 1 ° 7 r o?lp4
Brazos County Pre - Application for Plat Approval Dat eQrT� 1" 1
Master Plan Final Plat Re -Plat X Amending Plat
Date dt Time assigned for Application and Plat Review with County Engineer or Planner:
Description of Property: Lot 15R, Block 1 - Replat Lots 14A & 15, Blk 1
Subdivision Name: River Place Subdivision, Phase Two
Property Location: South end of River Place Court
Legal Description: 6.40 Acres in the James Hope Survey, A22
Applicant or Authorized Agent: Kling Engineering
Phone Number (s): 979 - 846 -6212
This is a notification to Brazos County that a plan for development exists for this noted piece of property.
This is not the official Application for Development. This also does not commit the Applicant listed above
to file an Application for Development or to file any type of plat for Record.
All properties within the County of Brazos are submitted to the rules and regulations set up by the razos
County Commissioners Court. Copies of the Brazos County Subdivision and Development Regulations and
the Brazos County Flood Damage Prevention Ordinance are available from the Brazos County Engineering
and Planning Departments. All applicants are encouraged to review the regulations prior to a iy plat
submittal.
Attached is a general check list to be used by a Registered Engineer or Registered Professional Land
Surveyor, licensed by the State of Texas, for the sole purpose of summarizing the needs of a finished plat.
All County and City Ordinances and Regulations must be met. This is not a short list of details of said
regulations. Details of the items listed are in said ordinances, and said ordinances take precedence over this
check list.
� i
Applicants Signature Date of Signature
Comments:
Vol. 1(0 pg.------
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT:
MEETING DATE:
SUBJECT:
Road & Bridge
September 25, 2012
Private Property Access
Request permission to enter private property owned by Geraldine Sprague k
South Dowling Road. Project will collect survey information along Hop
Tributary for drainage study. This work is being performed for the health, s
welfare of the general public. Site is located in Precinct 1.
SUBMITTED BY:
Joe V. Salvato
Right of Way Agent
APPROVED BY:
Lloyd Wasserman
Commissioner Precinct 1
This request is 19 kOVED / DENIED ❑ by Commissioners'
C: ) --�S
Duane Peters, County Judge
DATE:
9 -C115-/1P1
VOL - -L(AL— Pg -------
ted on
Creek
:tv and
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pa 1
Sammy Catalena
Commissioner PCL 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner PCL 4
R. Alan Mung r, RE
County Engin r
Brazos County Road & Bridge Dept.
2817 Hwy 21 eat
Bryan, Texas 803
frw
Oe: 979-8 2-2127
Fax 979 -775 53
I. OWNER(S): Geraldine Sprague
II. ADDRESS: 13539 South Dowling Road
College Station, Texas 77845
Ill. LOCATION OF WORK: Same as above — R86393 —12.37 acres
Plantation Wood, Blk. 2, Lot.4 -5 & A -195, John
IV. DESCRIPTION OF WORK: Request permission to enter private p
surveying purposes. -Brazos County will be a drainage
Hopes Creek Tributary to determine if bridges are required-. Survey
will be gathered mainly high -bank to high -bank and may require
trimming of underbrush in.and along creek channel.
Additional Comments:
V.' MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to.
above mentioned private property for roadway pu T oses.
• sJRver�l.'
or
R. Alan..Munger, P:E _ J /. Salvato
County Engineer Right of Way Agent
2.25 ac
y for
along
cation
hand
the
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT:
MEETING DATE:
SUBJECT:
Road & Bridge
September 25, 2012
Private Property Access
Request permission to enter private property owned by Elsie Dressen
Andert Road for the purpose of cleaning and re- shaping drainage channel
flow. This work is being performed for the health, safety and welfare of
public. Site is located in Precinct 2.
SUBMITTED BY:
APPROVED BY:
Joe V. Salvato
Right of Way Agent
Precinct 2
This request is ne) PROVED / DENIED ❑ y Commissioners'
Duane Peters, County Judge
DATE: / a e ,5 — /A
Vol. Il9' Pg' a
catea on
improve
e general
RE p
N -
t t
c c
G N r
Ty OF
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner PcL 1
Sammy Catalena
Commissioner PcL 2
Kenny Mellard
Commissioner Pet 3
Irma Cau ley
Commissioner Pct. 4
OWNER(S): Elsie Dressen
R. Alan Mung
r, P.E.
County Engin
r
Brazos County
R oad 8 Bridge Dept
2817 Hwy 21
est
Bryan, Texas
803
Office: 979
-2127
Fax: 979-77
53
II. ADDRESS: 4100 Andert Road
Bryan, Texas 77808
III. LOCATION OF WORK: Same as above
R11375 — Moses A. Foster, A -16, Tract 26.2, 26
IV. DESCRIPTION OF WORK: Project will reshape drainage channel to i prove flow.
Rip -rap material will be placed on private property in and along channe for erosion
control. This project will also include the clearing of existing fence line and the
reconstruction of fence/water gap in work area.
Additional Comments:
V. MAINTENANCE: Yes X No
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the
site only when necessary for continued adequate drainage of roadway.
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owners Signature: Date:
R. Alan Munger, P.E. J . Salvato
County Engineer / fight of (w /dent
Vol. l� Pg• � `7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR
NO. 11 /12 48.1— 48.6
On this the 25th day of September 2012 at a regular meeting of the Commissioners'
following members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 25th day of September 2012 the Court heard and
amendment for the 2011 -2012 budget year for Brazos County, Texas; and
the
a budget
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 20 September 2011, th� following
amendment(s) to the original budget are hereby authorized, as described on the attached
ADOPTED AND APPROVED this the 25th day of September 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
I li Pg.�
Precinct #1
of funds to cover for gasoline for remainder r of FY 12.
Inc
Decrease
500-00
344.85
475.00
267.18
232.16
1.
a
136 4fit.A
Vrepared'S M
y:, --nn
bite.
J .
-U jov#I'
I se ---- g.
Vol. L
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11!12 - 48.1
9126/2012
:UND
— DI V
— ACCT
— TR - 0J —DR/CR ACCOUNT NAME
0100
30101100
60500000
CR
office Eauipmcnt
0100
30101100
60320000
_CR
Firearms Readiness
0100
30101100
61110000
CR
_ Conference & Seminar Fees
0100
30101100
60600000
CR
CR
i Supplie
O ffi ce s
"'u lies
0100
30101100
I
60170000
CR
Co ier/Printer Su lies
/pp
0100
30101100
—T—
53 50000
RjrGasnfinq
Precinct #1
of funds to cover for gasoline for remainder r of FY 12.
Inc
Decrease
500-00
344.85
475.00
267.18
232.16
1.
a
136 4fit.A
Vrepared'S M
y:, --nn
bite.
J .
-U jov#I'
I se ---- g.
Vol. L
I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 48.2
9/26/2012
ACCOUNT NAME Increase Decrease
'UND DIV ACCT PROJ DR/CR " 65,000.00
0100 11001500 61130000 CR General Fund Contingency 65 000.D0
0100 11020000 71040000 DR Contract Placement
General F und Contingency and Court Suppo Civil
Reallocation of funds to cover for contract lacement for remainder of FY 12.
ba
` ` 9 %181201'21
p l ar'tr+n ehtFAppiov'
Pg. �
VOA.
UND DIV AC:I: I
0100 11000500 61880000
0100 11000500 72590000
0100 28002000 61880000
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 48.3
9/25/2012
PROJ DR1CR ACCOUNT NAME
CR Utilities
CR Professional Fees - Other
DR Utilities
Non'- Depar tmental and SO - Jail
of funds to cover for SO -Jail utilities for remainder of FY 12.
tPrepaiedBy:;`` ; nnm'
,Date:
Inc
4, - Vi i: ;. �'ra' y; . ^.�r:r,' . s" Sn �Li� �.;,'•':�'_
)ep P..._.����_•::a.;_ - -" ,_:,:.''�.:.- t_Yu.::::
Decrease
m
Vol. (P7 p c�
l0ol500j 611
1
0 0100 1 V 91
to Budget Amend 27.2
P`
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 1I112 -48.4
9125/2012
J DRICR
� ACCOUNT
General Fun Conting�en�i�
e md�
n rn ' transfer Q Tmnfer to Grant Fund
on April 17, 2012.
E
Incremie I Decrease
l 4.15
1 �O4.1
0
24
Pg . a7 `f'
BRAZOS COUNTY, TEXAS
General
Reallocation of funds to
and Community Supervision - 5upl
.r for utilities for remainder of FY 12.
I
Decrease
1,050.00
650.00
BUDGET AMENDMENTS
No. 11112 -48.6
9125/2012
UND
DI
ACCT
PROJ DRICR ACCOUNT
0100
11001500
61130000
CR General Fund Cootin enc
0100
26001000
61730000
CR Tele hone Lon Distance
0 ] 00
2600100
61880000
DR Utilities
General
Reallocation of funds to
and Community Supervision - 5upl
.r for utilities for remainder of FY 12.
I
Decrease
1,050.00
650.00
Vol. — 16 7 pg.-e:2
Dte:
a
.
- " ""
�Departrinent?Approval•'
_:.__:...�,.._:c'
.
_...__.
_
P repared; ~By. .`prim
- -
-
` �
=:.. • >' ludge_ApPiroval'
_
=.kA '�Y
Date >;,
° a�: - w� _M
Vol. — 16 7 pg.-e:2
Fund C ontingency, Non Departmen and Community Supervision - Sup
tion of funds to cover for Court - A ppointed Attorney's for remainder of FY 12.
M ,
Decrease
34,794.13
16,000-00
9
pat
QPPkrAtok "t� IJ
n
P
I atb
- I I ' : - � ' — " �L A •,, - 11 -
pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/1 - 48.6
9125/2012
:UND
DIV
ACCT
PROJ PRICR ACCOUNT NAME
0100
11001500
61130000
CR _ General Fund Contingency
0100
11000500
— 72590000
— CR P Fees - Other
Attorney - 85th
0100
— 11 - 010000
72205000
DR Court Appointed
Fund C ontingency, Non Departmen and Community Supervision - Sup
tion of funds to cover for Court - A ppointed Attorney's for remainder of FY 12.
M ,
Decrease
34,794.13
16,000-00
9
pat
QPPkrAtok "t� IJ
n
P
I atb
- I I ' : - � ' — " �L A •,, - 11 -
pg.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 25, 2012
Department Submitting Information: Human Resources
Puruose of Submissions: Cons ider and Take Action on Change RE
Department Submitting
Request(s)
85 District Court
Langley, J.D.
Action Requested
Budget Change
272 District Court
Bryan, Travis B.
Parker, Lisa
Budget hange
Merit
361 District Court
Chambers, Tiffany
German, John
Smith, Steve
Merit
Merit
Budget Change
Associate Court
Paradis, Lisa
Merit
Zachary, Dana
Budget
Change
Associate Court #2
Gore, Glynis
Budget
Change
Miller, Cindy
Budget
Change
Reed, Debbie
Merit
Ag Extension
Anthony, Charla
Cell Phone
Allowance
Besser, Emily
Merit
Skinner, Ashley
Merit
Auditor
Bates, Amy
Cao, Thao
Budget
Budge
Change
Change
Conner, Katie
Budge
Change
Deng, Fang
Budge
Change
Holloway, Victoria
Budge
Change
Employee Request
Applie T o
Lozano, Rosa
Budget Change
Davis, LaTracy Merit
Mason, Megan
Budget Change
Murph, Beverly
Budget Change
Pratt, Brian
Budget
hange
See, Magdalen
Budget
hange
Brazos Center Beltrand, Pamela Merit
Budget C
Davis, LaTracy Merit
Guajardo, Felisa
Hurst, Kevin Merit
McComb, Patricia Merit
Merit
Budget
Jett, Irene
Means, Nina
Budget hange
Budget hange
Building Maintenance Gilmore, Paul
Budget C
hange
Guajardo, Felisa
Merit
Hayes, Kenneth
Merit
Mayo, Matt
Budget
hange
Monsivais, Frank
Merit
Overall, Larry
Merit
Reyes, Rose
Merit
Scarmardo, Jeanine
Merit
Stutts, Ernest
Merit
Wiley, Ozell
Merit
Collections Lingle, Callie
Merit
Pope, Ashlee
Merit
Skinner, Tanya
Budget
Change
Commissioners Court Cauley, Irma
Budget
Change
Catalena, Sammy
Budget
Change
Gallego, Candy
Budget
Change
Green, Beatriz
Budget
Change
Mallard, Kenny
Budget
Change
McLeod, Ruth
Merit
Vo1. —jkL-- Pg.
Wasserman, Lloyd
Budget Change
Constable Pct 1 Freeman, Mary Merit
Constable Pct. 2
Lampo, Donald
Budget
Change
Vasquez, Miguel
Merit
Wendt, Stephanie
Merit
Constable Pct. 3
Regmund, Angie
Merit
Starnes, Richard
Budget
Change
Constable Pct. 4
Butler, Isaac
Budget
Change
Carter, Hezekiah
Merit
Harris, Kimberly
Merit
County Attorney
Anderson, Justin
Budget
Change
Anderson, Rodney
Budget
Change
Bailey, Brenda
Budget
Change
Ballard, William
Budget
Change
Barton, Mathew
Budget
Change
Baughman, Kaisha
Budget
Change
Baughman, Kaisha
Stop S
pplement
Biddle, Scott
Budget
Change
Biddle, Scott
Reduce
Supplement
Bouis, Melissa
Budget
Change
Burkhalter, Tammy
Budget
Change
Cooper, Billy
Budge
Change
Coppinger, Stephanie
Budgel
Change
Diaz, Theresa
Budge
Change
Diaz, Theressa
Stop Supplement
Dowling, Sondra
Budget
Change
Vol. Pg.—o�Z Ct
Eplen, Rebecca
Budget Change
Foley, Brian
Budget Change
Giles, Spencer
Budget Change
Guzman, Graciela
Budget Change
Higginson, G.David
Budget C
hange
Holmes, Joshua
Budget Change
Jadlowski, Christopher
Budget C
hange
Jadlowski, Christopher
Reduce
Supplement
Kinnard, Gerald
Budget Change
Matzke, W. Flint
Budget Change
Ostiguin, Laura
Budget Change
Ostiguin, Laura
Stop Supplement
Perez, Cyndi
Budget
hange
Perez, Cyndi
Stop Supplement
Price, Richard
Budget
Change
Suhling, Kendra
Budget
Change
Thornton, Bradlee
Budget
Change
Toliver, Searcy
Budget
Change
Vasquez, Jessica
Budget
Change
Vasquez, Jessica
Reduce
Supplement
White, Meagan
Budget
Change
County Clerk Barcelona, Cathy
Merit
Davenport, Winstonia
Merit
Green, Kim
Merit
King, Betty
Merit
McQueen, Karen
Budget
Change
Moehlman, Amber
Merit
Peters, Ashlie
Budget
Change
Workman, Flo
Merit
County Court at Law#1 Matzke, Amanda
Budget
Change
Pineda, Crystal
Merit
County Court at Law #2 Locke, James
Budget
Change
ko
Vol.
i
k
County Judge
Bowser, Ella Transfer to Another
Dept.
Davis, William Transfer to Another
Dept.
Eckstrom, Bethany Merit
Peters, Duane Budget Change
District Attorney
Aguilar, Gracie
Budget Change
Baker, Brian
Budget
C hange
Brick, John
Budget
Change
Calvert, Ryan
Budget
Change
Capps, Kevin
Budget
Change
Comte, Kara
Budget
Change
Davenport, Tiffany
Budget
Change
Escue, Jessica
Budget
Change
Garon, Jeffrey
Budget
Change
Goss, Jason
Budget
Change
Griffin, Charles
Budget ('
',hange
Howell, Douglass
Budget
Change
James, Amanda
Merit
Lara, Angela
Merit
Morin, Angelica
Merit
Parsons, Jarvis
Budget
>ange
Price, Brian
Budget
hange
Schwartz, Bryan
Budget
>ange
Silber, Greg
Budget
Change
Smith, Danny
Budget
hange
Speakmon, Lyndsee
Step Increase
Swan, Misty
Budget
>ange
Swearingen, Wendi
Merit
Thomas, Raymond
Budget
Zftfhange
Ward, William
Budget
Change
Vol. [ tY - 7 pg.
}
District Clerk
Hamlin, Marc Budget
Emergency Management
Bailey- Meade, Michele Merit
Frazier, Charles Merit
Expo Cammack, Lonnie
Cogwin,. Marlene
Dempsey, Darla
Hengst, Karl
Kolbe, Carl
Landsdown, Trevor
Lockhart, Fiona
Quarles, Tom
Wolfe, Joan E.
Merit
Merit
Merit
Step In rease
Merit
Merit
Budget Change
Budget Change
Merit
Cantu, Jacklyn
Flores, Antonia
Salazar, Jennifer
IT Caldwell, Eric
Gilmore, Charlie
Harris, Desmond
Knighton, Daryl
Truong, Ben
Human Resources
Merit
Merit
Budget Change
Merit
Merit
Merit
Merit
Merit
JP Pct 1
JP Pct 2 =1
McCleary, Michael Budge Change
Lara- Hooge, Vera Budget Change
Shilling, Carmen Merit
Washington, Johnetta Merit
jr rct
Golson, Patricia Merit
Vol.
Munoz, Tommy
JP Pct 3 Boyett, George Budget hange
Lewis., Barbara Merit
Runyon, Mary Merit
JP Pct 4 Jones, Rose Budget 'Change
Nelson, Diana Merit
Vela, Elizabeth Merit
Juvenile Aisabokhae, Fortune Resignation
Body, Olivia Merit
Brooks, Willis State Stipend
Crist, Stephanie Merit
Daily, Appollos State Stipend
Densey, Christopher Resignation
Galls, Greg Merit
Gooden, Shatner Merit
Herd, Shenita Merit
Hein, Joel Merit
Jacobs, Janette Merit
Johnson, Christena Merit
Kasberg, Stacey Transfe w /in Dept.
Kasberg, Stacey State St pend
Lovett, Cynthia Merit
Lyon, Lisa Merit
McDaniel, Demetris Merit
McKey, Todd Merit
McKey, Victoria Merit
Morales, Paul Merit
Munoz, Patrick Merit
Piccolo, Barbara Merit
Ramage, Julie Transfei w/in Dept.
Ricketson, Linda Merit
dA " 8 3
Rucker, Thomas
Rucker, Thomas
Thompson, Donald
Vance, Charles
Whetstone, Artis
White, Melissa
k�
Transfer wfin Dept.
State Stipend
Merit
Merit
Merit
Merit
Purchasing
Wendt, Charles
Merit
Williams, Leslie
Merit
Records Management
Allen, Lynn
Merit
Stevens, Jeannie
Merit
Risk Management
Becerra, Roberta
Merit
Jeanes, Alfred "Bill'
Merit
Road & Bridge
Arredondo, Guadalupe
Budget
Change
Barrera, Emilio
Merit
Bass, Anthony
Merit
Carpio, Macario
Merit
Chadwick, Ken
Merit
Eldridge, Shawn
Merit
Galindo, Calistro
Merit
Garcia, Albert
Merit
Green, Bobby
Merit
Greer, Kenneth
Merit
Harrod, Linda
Merit
Lott, Megan
Merit
Morton, Michael
Merit
Munger, Alan
Budget
Change
Odstrcil, Larry
Merit
Reyna, Pedro
Merit
Salvato, Joe
Budget
Change
Simons, Christopher
Transfer
Win Dept.
D�.� 4
Vol. pg.
Stracener, Lewis
Merit
Talley, John
Merit
Tracy, Kay
Merit
Tyler, Karen
Merit
Wade, Steven
Merit
Weeks, Edward
Merit
White, Kenneth
Budget
Wilhelm, Wayne
Budget
Woods, Bobby
Merit
Zalmanek, Charles
Transfe
Zdunkawicz, Patrick
Merit
S.O Admin
S.O. Jail Bradley, LaWonder
Buttgenbach, Laura
Collins, Shantell
Greenwood, Caroline
Tax Office
Kirk, Christopher
Jones, Harriett Step Ins
Roe, Dorye Budget
Budget
:hange
:hange
Win Dept.
Title Change
Transfe w /in Dept.
Transfer w /in Dept.
Title Change
Veteran Services
Yeppez,Johnny
Budget
Approved in Commissioners' Court: Se tem er 25 12: ��j
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Change
VoL�Pg. ;05
r w sS,a. �' {_�.'•: ` ' : v .. I''ti "• .':•w �7•,+f��`�' )_,.•�I' "l+ 3N'R; �Y+1 �„��:._- +,•il��r� ��.' -. - - - -' -
Brazos County Purchasing`'Department
Weekly Update
9/14/12 — 9/20/12
Number of PO's Processed:, 6
Requisitions Completed: 0.
Capital Payments: 4
Projects In Progress
Construction
Courthouse:
Phase III
- Currently working on detention area on 1s floor
o Floor fnishes.and painting.
- Currently working on-mechanical yard in courtyard area
a Installing Chillers and generator
- ElevatorAn progress
o Pouring, slab in basement
o Installing .-framework
Bids/ RFP's/ RFQ's
RFQ for MPO
RFQ for Surveyor
RFQ for Tax Office Architect
Poly Jute
Inmate Telephone Services
Employee Insurance
Janitorial and Cleaning Supplies
Collection of Fines and -Fees
Road Signs and Sign Posts
Mail Service Contract
Renewals
Culverts
Seal Coat
Indigent Juvenile Defense
- Evaluation Respo
- Evaluating .Respo s
- Evaluation Respo
-Dept. reviewing sp
- Evaluating Respo i
- Evaluating respon
-Specs in Progress
- Proposals due 9/1
-Specs in progress
- quotes due 9/17
-Court 9/25
-Court 9/25
-Court 9/25
Solicitation of Quotes
Benches for Magistrate Courtroom -Court Approved 7/
AN for Magistrate Courtroom ' - Solicitation in prog
�0�
- -. Vol.. .., - - P g. —
Other
Auction
- Online Auction closes September 7
Purchasing Policy
- Reviewing-and revising policy .
Assets
- In Process of Reconciling Period 11
Print Management
- Results received and reviewed by IT. After reviewing it has t
decided to get analysis from other Companies to get a better
cost. 90 Day analysis start date to be determined.
Roof Replacement
- Working on proposal to write specifications
Appliance Policy
- Versions in 'progress for Court review
- Currently under review by Auditor's office
Radios for Bailiffs
- Currently working on scope
ACKNOWLEDGED
Duane Peters Date
County Judge
Of
Vol. � � PS• °� 7