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HomeMy WebLinkAbout2013-02-19-10:00AM-REGULAR MEETINGBRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON FEBRUARY 19, 2013 AT 8:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 25: 3. Proclamation 13 -006 2013 Walk Across Texas. 4. Resolution 13-004 opposina HB 958 proposing to reduce the interest rate on TCDRS funds. 5 Appointme of the following individuals as Fire Commissioners for Braz County Emergency Services District #4: • a Joseph "Joe" Ondrasek• term of appointment: 2/19/20 - 12 /31/2014 • b Jessie Contrerras• term of appointment: 2/19/2013 - 12/31/ • c William "Bill' Marsden; term of appointment 1/112013-121 • d Keith Cook term of appointment: 1/1/2013 - 12/31/2013 • e Greg Leath; term of appointment: 1/1/2013 - 12131 6. Request from the Sheriffs Office -Jail Division for out of state travel for Je rry Barra_ tt to attend The Traumas of Law Enforcement in Alexandria. Louisiana March 4-6. 2013. 7. Request for o ut of state travel for Jeff Reeves to attend the Traumas of Law Enforcement tra ining in Alexandria LA on March3- 6.2013. g . Approval of out of state travel for the Emergency Management Coordina to attend the WebEOC U ^ _ -t - -1 .- -.- A....1 '1_6 9M9 Vol. Pg. I f — BRAZOS CO V 1\ 1 1 g Request from the Information Technoiogy Department for approval of the Final Hardware Co nfiguration Plan for the Justice Software Proiect 10. Appro of the following committee for the evaluation of the responses to RFQ # 2013 -39 Road and Bridge Engineers and Surveyor: • a Alan Munger County Engineer's Office • b Gary Arnold County Engineer's Office • c Joe Saivato County Engineer's Office • d Sammy Catalena, Commissioner Pct. 2 • e Legal Representative (Non - Voting) • f Charles Wendt, Purchasing (Non - Voting) 1 R equest from Constable Pct 1 Office for permission to use allocated funds for a new pri to be redirected toward a new computer and monitor. 12, Contract with Athletes for Change for iuvenile offender residential services. 13 . Contract with Grayson County for iuvenile offender residential services. 14, Permission to advertise RFQ # 2013 -39 Road and Bridge Engineers and Surveyor. 15. Permission to advertise bid number 2013 -45 Fencing Supplies. 16. Payment authorization to Department of State Health Services in the amount of $2,998.00 fo asbestos In Phase III of courthouse renovation. 17, Req uisition #00041525 to CDW in the amount of $1,1D4.46 for the t T Department to purchase a Cisco ASA security appliance for the Capital improvment Protect of fiber to the Expo. 1 Requisition #00041629 to Wilton in the amount of $852.40 to purchase office supplies with C ounty Clerk Management Funds. 19. Consider and take action on the Wellbom S.U.D. utility permit to construct 2" road bore under S metana Road This proiect will provide water service to new customer. Site is located in Precinct 4. 20. Tax Refund Applications for the following: • a Lorenzo W111born- overpayment- $369.00 • b Bank of Oklahoma Mineral - overpayment- $745.82 • c Bank of Oklahoma Mineral - overpayment- $745.82 • d Bank of Oklahoma Mineral - overpayment- $745.82 • e Bank of Oklahoma Mineral - overpayment- $744,82 • f Bank of Oklahoma Mineral- overpayment - $745.82 • g William Thomton- overpayment- $74.94 • h Kearby & Jennifer Rosenfieb- overpayment -$9.84 • i First American Title Co.-overpayment-$65.50 21. Budget Amendments. Budget Amendments FY 12/13 20.1 thru 20.8 22, Approval of the following reauisitions for the vehicle equipment; a. Setina: Manual Requisition $326.00 - County Attorney Manual Requisition $272.00 - Constable Pct 2 b. Motorola Solutions -� Vol. — Pg. I • Reauisition #00041657 $4.534.35 -Constable Pct 4 • Requisition #00041659 $4,534.35 - BCDC c Fleet Saft Equipment • Requisition #00041647 52747.39 - Constable Pct 2 • Requisition #00041648 $3,345.99 - Constable Pct 4 • Reauisition #00041650 $2834.20 - BCDC • Requisition #00041653 $9,463.05 - SO (5) • Requisition #00041653 $3,345.70 - SO (1) d. Visual Pro 360 • Requisition #00041663 $4,753.00 - SO (1) fwored • Requisition #00041661 $9,562.00 - BCDC • Requisition #00041660 $9,562.00 - BCDC • Requisition #00041664 $9,547.00 - Constable Pct 4 23. Payment authorization to Turner Construction Company In the amount of $7500.00 for Brazos County's portion of an expansion tank for the Mi. 24. Personnel Change of Status. Personnel Action Forms 25. Payment of Claims. 26. Acknowledgement of the 2012 Racial Profile Report for the Precinct 1 Constable's Office. 27. Sheriff's report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and/or concerns. 30. Adjourn. Vol. pg. , 9' -1 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 Courts 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 Courts presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102 Vol. 174 P g BRYANJEXAS MINUTES February 19, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page.pdf File Stamped Agenda.pdf Sign 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 8:00 a.m. on Tuesday, February 19, 2013 with the following members of the Court present: Duane Peters, County Judge, Absent ; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Presiding; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. John Millhollon, living in Precinct 4 and representing the group "Concerned Citizens for Health Safety & Justice" spoke against the proposed dump to be located on Highway 60 outside of the city limits ETJ. The group represents approximately 300 residents. Vol. Pg. �_�__ BRAZOS COUNTY Cora Rogers also spoke against the landfill. Argie Butler added her comments against the dump site. She stated that Mr. Mancuso has other property but wants to put the dump site in a community that has a majority of back citizens. She went on to state that she thinks the Commissioners Court should fight against this. Consider and take action on agenda items 3 - 25: 3. Proclamation 13 -006 2013 Walk Across Texas. Item 3.pdf Commissioner Mallard read aloud a proclamation proclaiming February 23 to April 20, 2013 as 8 weeks of fun and physical activity and urged all Brazos County citizens to participate in Walk Across Texas. He then presented the proclamation to Flora Williams with the AgriLife Extension Service. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Wassermann . Members Absent: Peters. 4. Resolution 13 -004 opposing HB 958 proposing to reduce the interest rate on TCDRS funds. ID Item 4.pdf The Court voted unanimously to adopt Resolution #13 -004 declaring the Court's opposition to any effort of the Texas Legislature to pass legislation that reduces the interest crediting rate on TCDRS funds and urges the Texas Legislature to reject HB 958 in its entirety. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Wassermann. Members Absent: Peters. 5. Appointment of the following individuals as Fire Commissioners for Brazos County Emergency Services District #4: Item 5.pdf • a. Joseph "Joe" Ondrasek; term of appointment: 2/19/2013 - 12/31/2014 • b. Jessie Contrerras; term of appointment: 2/19/2013 - 12/31/2014 • c. William "Bill" Marsden; term of appointment: 1/1/2013 - 12/31/2013 • d. Keith Cook; term of appointment: 1/11/2013 - 12/31/2013 • e. Greg Leath; term of appointment: 1/1/2013 - 12/31/2013 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Wassermann . Members Absent: Peters . 6. Request from the Sheriff's Office -Jail Division for out of state travel for Jerry Barratt to attend The Traumas of Law Enforcement in Alexandria, Louisiana March 4 -6, 2013. Item 6.pdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members Absent: Peters . 7. Request for out of state travel for Jeff Reeves to attend the Traumas of Law Enforcement training in Alexandria, LA on March3 -6, 2013. Item Todf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters . 8. Approval of out of state travel for the Emergency Management Coordinator to attend the WebEOC User and Training Conference in Augusta, GA. Dates of travel are April 1 -5, 2013. 0 Item 8.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 9. Request from the Information Technology Department for approval of the Final Hardware Configuration Plan for the Justice Software Project. :I1 Item 9.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 10. Approval of the following committee for the evaluation of the responses to RFQ # 2013- 39 Road and Bridge Engineers and Surveyor: Item 10.pdf 3 Abstention Affidavit.tif • a. Alan Munger, County Engineer's Office • b. Gary Arnold, County Engineer's Office • c. Joe Salvato, County Engineer's Office • d. Sammy Catalena, Commissioner Pct. 2 • e. Legal Representative (Non- Voting) • f. Charles Wendt, Purchasing (Non- Voting) Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 3 -0. Members voting Aye: Cauley, Mallard, Wassermann . Members voting Abstain: Catalena . Members Absent: Peters . 11. Request from Constable Pct. 1 Office for permission to use allocated funds for a new printer to be redirected toward a new computer and monitor. Item 11.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters . 12. Contract with Athletes for Change for juvenile offender residential services. f0 Item 12.pdf Contract approved as submitted. Term is from September 1, 2012 through August 31, 2013. Compensation based on the following: Basic Level - $42.18 Moderate Level - $96.17 Specialized Level - $138.25 Intense Level - $242.85 F­ I ` %-)I Pg. J - Emergency Shelter - $115.44 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 13. Contract with Grayson County for juvenile offender residential services. Item 13.pdf Contract approved as submitted. Term is from September 1, 2012 through August 31, 2013. Compensation based on the following: Standard Residential- $98.00 Specialized Residential - $140.00 Psychiatric Medical Review - COST Psychological Counseling - $65 /hr individual, $25 /hr group Psychological (Full Battery) - $550.00 LPC Psychological Evaluation - $220.00 Medical Services - COST Dental Services - COST A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 14. Permission to advertise RFQ # 2013 -39 Road and Bridge Engineers and Surveyor. Item 14.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Wassermann . Members Absent: Peters . 15. Permission to advertise bid number 2013 -45 Fencing Supplies. Item 15.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters . 16. Payment authorization to Department of State Health Services in the amount of $2,998.00 for asbestos in Phase III of courthouse renovation. 0 Item 16.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 17. Requisition #00041525 to CDW in the amount of $1,104.46 for the I.T. Department to purchase a Cisco ASA security appliance for the Capital Improvment Project of fiber to the Expo. Item 17.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Vol. 7 pg. Wassermann . Members Absent: Peters. 18. Requisition #00041629 to Wiltons in the amount of $852.40 to purchase office supplies with County Clerk Management Funds. 0 Item 18.pdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters . 19. Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Smetana Road. This project will provide water service to new customer. Site is located in Precinct 4. D . Item 19.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 20. Tax Refund Applications for the following: Item 20.pdf • a. Lorenzo Wilborn- overpayment - $369.00 • b. Bank of Oklahoma Mineral- overpayment - $745.82 . c. Bank of Oklahoma Mineral- overpayment - $745.82 . d. Bank of Oklahoma Mineral- overpayment - $745.82 . e. Bank of Oklahoma Mineral- overpayment - $744.82 . f. Bank of Oklahoma Mineral- overpayment - $745.82 . g. William Thornton - overpayment - $74.94 . h. Kearby & Jennifer Rosen Iieb- overpayment -$9.84 . i. First American Title Co.- overpayment - $65.50 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 21. Budget Amendments. Budget Amendments FY 12/13 20.1 thru 20.8 Item 21.pdf 20.1 Reallocate funds for TJPC -State Aid and Juvenile Administration 20.2 Transfer funds from Non - Departmental to Juvenile Detention 20.3 Reallocate funds for Jail Expansion 2007 20.4 Reallocate funds for Pre -Trial Officer 20.5 Transfer funds from General Fund Contingency to County Welfare 20.6 Reallocate funds for Information Technology 20.7 Reallocate funds for County Agriculture Extension 20.8 Reallocate funds for General Capital Projects Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann. Members Absent: Peters. 22. Approval of the following requisitions for the vehicle equipment: Item 22.pdf a. Setina: Manual Requisition $326.00 - County Attorney Manual Requisition $272.00 - Constable Pct 2 b. Motorola Solutions Requisition #00041657 $4,534.35 - Constable Pct 4 Requisition #00041659 $4,534.35 - BCDC c. Fleet Safety Equipment Requisition #00041647 $2,747.39 - Constable Pct 2 Requisition #00041648 $3,345.99 - Constable Pct 4 Requisition #00041650 $2,834.20 - BCDC Requisition #00041653 $9,463.05 - SO (5) Requisition #00041653 $3,345.70 - SO (1) d. Visual Pro 360 Requisition #00041663 $4,753.00 - SO (1) Requisition #00041662 $9,547.00 - SO (1) Requisition #00041661 $9,562.00 - BCDC Requisition #00041660 $9,562.00 - BCDC Requisition #00041664 $9,547.00 - Constable Pct 4 Approved as submitted with the exception of requisition #0041662. This requisition was removed. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Wassermann . Members Absent: Peters . 23. Payment authorization to Turner Construction Company in the amount of $7500.00 for Brazos County's portion of an expansion tank for the Jail. 1 Item 23.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members Absent: Peters . 24. Personnel Change of Status. Personnel Action Forms Item 24.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard , Wassermann . Members Absent: Peters . 25. Payment of Claims. Claims Sheet.pdf pg._ BILL LIST 02.19.13.odf 7107149 through 7107373 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley, , Mallard, Wassermann . Members Absent: Peters . 26. Acknowledgement of the 2012 Racial Profile Report for the Precinct 1 Constable's Office. Item 26.odf The Court acknowledged receipt of the 2012 Racial Profile Report for the Precinct 1 Constable's Office. 27. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 559 inmates in jail. He did not have the other numbers due to the early start of the meeting. The information doesn't come in until around 10:00 a.m. 28. Announcement of interest items and possible future agenda topics. There were no announcements. 29. Call for Citizen input and /or concerns. There was no citizen's input. 30. Adjourn. V ► 17 P9. The foregoing minutes of the Commissioners Court meeting held February 19, 2013 have been examined and are approved in open Court this 5 +h day of M arC.h , 2013, in Bryan, Brazos County, Texas. Duane Peters Lloyd AA&ssermann County Judge Commissioner, Precinct 1 Sammy Cat ena Commissi her, Precinct 2 Kenny Mallard Commissioner, Precinct 3 Irma 'Caule3 - — Commissioner, Pre Attest: N Kare6 McQueen County Clerk Vol / 4 Page J' BRAZOS COUNTY COMMISSIONERS COURT Meet ing on ��, !—y l Z 1 � l -- I PAGE of - 7-- WAR An .1 r • i L1�I /l� Fri PAGE of - 7-- BRAZOS COUNTY COMMISSIONERS COURT Meeting 1q , ' Name Organization / Department �t C C f C� PAGE :Z of Z v ol. /7 p "1o� 0 ­1 4ma&owl I n 2013 Walk Across Texas! WHEREAS, It's never too late to start an active lifestyle. No matter how old you are, how unfit you feel or how long you have been inactive, research shows that starting a more active lifestyle now through regular, moderate - intensity activity can make you healthier and improve your quality of life. WHEREAS, Regular physical activity substantially reduces the risk of dying of coronary heart disease, the nation's leading cause of death and decreases the risk of stroke, colon cancer, diabetes and high blood pressure. WHEREAS, Regular physical activity also helps to control weight, contributes to healthy bones, muscles and joints, reduces the symptoms of anxiety and depression, and is associated with fewer hospitalizations, physician visits and medications. WHEREAS, Physical activity need not be strenuous to be beneficial; people of all ages benefit from participating in regular, moderate - intensity physical activity, such as 30 minutes of brisk walking five or more times a week. WHEREAS, Walk Across Texas! is an eight -week physical activity program with one goal — to increase your physical activity level. Walk Across Texas! uses friendly competition and group support to encourage adults and adolescents to become physically active. NOW THEREFORE BE IT PROCLAIMED that I Duane Peters, Brazos County Judge do hereby proclaim February 23 to April 20, 2013 as 8 weeks of fun and fitness and urge all Brazos County citizens to partici ate in Walk Across Texas! and increase their physical activity level Duane Peters County Judge Commissioner Lloyd Wassermann mis ner Sammy Catalena Precinct 1 cin t — Z\ y Commissioner K y Mallar Comm' goner Irm Precinct 3 Precinct 4 Proclaimed this 19 day of February, 2013 Vol. l? � Pg W// WHEREAS, the Texas Legislature created the Texas County and District Retirement System ( "TCDRS ") in 1967; and WHEREAS, TCDRS partners with Texas counties and districts to provide retirement, disability and survivor benefits to more than 225,000 Texas county and district employees; and WHEREAS, TCDRS is governed by the Texas Legislature and overseen by an independent board of trustees; and WHEREAS, TCDRS receives no state funding as each plan is funded independently by each county or district; and WHEREAS, HB 958, which would reduce the interest crediting rate on all TCDRS. funds from 7% to 5 %, has been filed during the 83rd Texas Legislative Session; and WHEREAS, TCDRS is the only statewide plan in which reducing the interest rate significantly impacts retiree benefits; and WHEREAS, TCDRS counties and districts currently have local control to select benefits and costs based on their workforce needs and budget; and WHEREAS, the passage of HB 958 would have an adverse effect on TCDRS retiree benefits. NOW, THEREFORE, BE IT RESOLVED THAT the Commissioners Court of Brazos County, Texas, does hereby declare its strong opposition to any effort of the Texas Legislature to pass legislation that reduces the interest crediting rate on TCDRS funds and urges the Texas Legislature to reject HB 958 in its entirety. RESOLVED THIS 13. Duane Peters, County Judge ComrAssioner Lloyd Wassermann Precinct 1 •1're ct Commissioner C y Mallarj 1 ommis � n tn er lra Precinct 3ct Precinc Catalena ss-ooa Vol, Resolution Brazos County..TX Integrated Justice Management Solution I r� naz-? Deliverable Acceptance Form Receivable -Sign Off The .Quality Assurance Process was approved on Feb `Ma A by the Brazos County Project Team and was Brazos County Team Chief Information Officer: CriC V CaJda- el The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this deliverable. Accepted and Agreed To: AMCAD Steve Po ntius (Print or Type Name) Program Manager, Justice Solutions (Title) (Date of Signature) Brazos County, Department of Information Technology 3 B (Authorized Signature) Eric V. Caldwell (Print or Type Name) Chief Information Officer, Department of Information Technology (Title) 0 -Iq =r12, (Date. of Signature) g� Page 12 AAACAD Vol. • #$ AMCAD Toc4mo"V - irro.anon • Pn7oft December 31, 2012 Brazos County Department of Information Technology AM: Eric V. Caldwell 205 E. 27 St. Bryan, Texas 77803 RE: CIJIMS Final Hardware Configuration Plan SOW § 6.12 Dear Mr. Caldwell, Pursuant to the Brazos County, TX Quality Assurance and Acceptance Plan and § 6.12 of the Brazos County Statement of Work, please take notice of delivery of the CIJIMS Final Hardware Configuration Plan. Please accept this as AMCADs formal notice of delivery of deliverables described in the Brazos County Statement of Work. Pursuant to § 2.0 of the Quality Assurance and Acceptance Plan, the formal review period of this deliverable begins on the date of acknowledgement of the receipt of said deliverable. Please sign and return this letter of acknowledgement to Steve Pontius at your earliest convenience. Regards, Steve Pontius Program Manager, Justice Solutions Enclosures (0) Received by ..is i g - A day of f 7 if , b -W ru 20 —L - L. Corporate Headquarters a 220 Spring Street a Suite 150 a Herndon, VA 20170 a www.amcad.com Prepared and Submitted By: AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 1 4 1 10 " CAD Final Hardware Configuration Plan Version 2.0 � GaSe M �� ` i,' Brazos County, TX Comprehensive Integrated Justice Information `����`'d' t••�� Management System Prepared and Submitted By: AMCAD 220 Spring Street Suite 150 Herndon, VA 20170 1 4 1 10 " CAD Final Hardware Configuration Plan Version 2.0 Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan Document Revisions Ver. # Date Editor Description of Change. 0.1 11/22/2012 Steve Pontius Document Created 0.2 12/18/2012 Kevin Manson Document Revised 1.0 12/31/2012 Steve Pontius Document Submitted for Approval 1.1 2/6/2013 1 Kevin Manson Document Revised 2.0 2/6/2013 1 Steve Pontius Document Submitted for Approval 16 $ Page 12 Brazos' County, TX Comprehensive Integrated Justice Information Management System ` Final Hardware Configuration Plan. Table of Contents Document Revisions .............................................. . ................ ....... ... ................ ..... .... ........ 2 Table ofContents ................. ..... •.••••.•••• 3 Final Hardware Configuration Plan Signoff ...................................... ............................... 4 1 ..0 Overview .............................................. .:........................................................................ 5 2.0 Architecture Diagram' of: Production System ............................... ............................... 6 3.0 Datacenter Hardware .. .............. ............. ............................... 7 4.0. Workstations 5.0 Test Environment ..... .. ....:........ .................................................... ........................:...... 6.0 Training and Development Environment .................................... ..:..........................10 Attachments too - AMGaD Page 13 g. a. :. 1, Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan Final Hardware Configuration Plan Signoff This Final Hardware Configuration Plan represents a project deliverable, defined in terms of the contract The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this Final Hardware Configuration Plan. Accepted and Agreed To: AM Brazos County By: By: (Authoriz d (Authorized Signature) v (Print or Type Name) (Print or Type Name) P� &Axk AAANA•6V: & c/ v (Tide) (Title) A so Page 14 AMG4D Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan 1.0 Overview Brazos County, TX has contracted with American Cadastre, LLC (AMCAD) of Herndon, Virginia to implement a Comprehensive Integrated Justice Information Management System (CIJIMS) in Brazos County, TX under the Brazos County Project. The purpose of this Final Hardware Configuration Plan is to specify the recommended hardware necessary to support the technical performance of the CIJIMS system and project. The contents of this Final Hardware Configuration Plan should be researched by the Brazos County Information Technology Department and analyzed against the goals and objectives of Brazos County. The recommendations contained herein should be carefully considered before purchasing any of the hardware components for the CIJIMS system. While the hardware reccommendations contained in this Final Hardware Configuration Plan reflect the reccommendations by AMCAD, Brazos County may elect to purchase different hardware which is not specked within the contents of this document. AMCAD is recommending, however, that Brazos County consult with AMCAD prior to purchasing any hardware which is not specified in this document to ensure compatibility with the AMCAD CIJIMS system. AMCAD also recommends that Brazos County consult with them prior to making any purchases of any hardware component regardless of whether or not the hardware is listed in this Final Hardware Configuration Plan. This will ensure that the correct hardware is being purchased at the correct time, as changes in the project schedule, specifically the final system go live may impact the decisions surrounding the hardware to be purchased. 140' /AAACAD Page (5 4 "". 1 7 g G Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan 2.0 Architecture Diagram of'Production System The following diagram represents, the production system's architecture; I A.pllstbnR :� _ AMCAD AICM50=S@tette AMCOMMSOWShcrWe awl : tt WhdW3T ✓� �. A1ppowdoos AMCAD ADAM WW SWVe E ) . WheW SSUW Z=10 L- VM (kPUd Whine LAN 4P NPR AVFR AMGD AICAAS Mftltsee AMCAD RUMS MtlAaWe. AMCAO trtefoze Senates AMCAD fouls@ Sucks NPR* c sr OYW+fi* `- r / AMCAD ROAM kWW s Whdows3erW200SR1 �/ WhdarsSeeu7ODSR2 RarorkUnd6dercw ,'` neaeorklota �' Whdaw .=R2 fled@@@ e e IlWale�e: O o '.' riome: O x- vMet�CFU� - vfatancvus I- VM("FU0 MlaosoRSDISUVe2. f Mliiost�LSWrer2O12 . SOLSe.s RWfW Sov ie..,', ' sOLSe4v Aepatlr� SOVICIS „ •WhdewAFllshWeflO@i@O 'WhrbnsF111ShWa(fniVW ; - WfidoiesSerer3D0/A2: •',.•� WhaaeeSevu1000R1 0 0 • Fellwe CL�eifita .' o o tdo AMCAD Page 16 v0i. _ �d Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan 3.0 Datacenter Hardware The following diagram represents the datacenter hardware which is being proposed for the production system. Technical specifications for the datacenter and its components have been listed below this diagram. If further specifications are requested, please reference the manufacturer's specifications and product description or contact the product vendor. The hardware below may change due to product vendor changes or availability. F%merW RG20Vmww* WA afar 1 RnOVMwere 6X1 Ibwer&%e R720VMwere 6X1 Pbwwfte R720VMwere E5X1 6qualloak P=a= (14.478) PovwCormd 8248 (or similar) PowvQnnod 8248 (or simllor) Physical Servers VMware ESXI Hardware • Three (3) Dell PowerEdge R720 o Two (2) Intel® Xeon® E5 -2640 Processors • 196GB Memory (12x16GB), 1333MHz or 1600MHz • Two (2) 146GB 10K RPM SAS 6Gbps 2.5in or SD module and no drives. • Integrated 1GbE Ports • Broadcom 5709 Dual Port 1GbE NIC wrrOE iSCSI, PCIe -4 • High Output Power Supply, Redundant, 75OW Software o VMware ESXi 5.1 VMware vCenter Hardware • One (1) Dell PowerEdge R620 • Intel® Xeon® E5 -2620 Processor • 24GB Memory (3x8GB), 1333MHz or 1600MHz • Two (2) 146GB 10K RPM SAS 6Gbps 2.5in • Integrated 1GbE Ports • Power Supply, Redundant, 46OW Software • VMware vCenter 5.1 • Microsoft Windows Server 2008 R2 • Microsoft SQL Server 2012 Storage Hardware One (1) Dell Equallogic PS610OXV o 14ATB 24x 60OGB 15k 3 Page J7 AMGAD Vol. X74 V'(; �/ Brazos County, TX Comprehensive Integrated Justice Information Management. System Final Hardware Configuration Plan 4.0 Workstations The following are the recommended specifications for each workstation which will be running the Comprehensive Integrated Justice•'Information. Management System. Workstation Specifications • Processor: o Dual -core CPU • Memory: o 1GB Memory (XP.SP3) Minimum o 2GB.Memory (Windows 7) Minimum • Monitor Resolution: o 1280x1024 minimum o 1680x1050 recommended • Operating. Systems; o Microsoft Windows XP SP3 o Microsoft Windows Vista o Microsoft Windows 7 •. Scanners: o Fujitsu FI- Series o Twain compliant scanner • Cash Drawer: o Logic Controls CR 7 3001 • Barcode Printers: o' Zebra LP -2844 . o Datamax. DMX- M-4206 • 2D Barcode Scanner (if needed): Q Symbol D66707 t oo Page IS AMGAD Vol. Z 7 g �Z Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan 5.0 Test Environment The following diagram represents the recommended test environment hardware and the system specifications for each component. If further specifications are requested, please reference the manufacturer's specifications and product description or contact the product vendor. Apple AMCAD AICMSCUM Soetware AMCAD MINIS CIbntSchware op«atnr5 spm- Windars7 Nwdwme: DudCoreCFU Dedrtop LAN AppBtad -E AMCAD AICMS Middbware AMCAD RUMS Mid i m, 1 AMCAD aaefaeSevk;es OperadqWma wSeve 2008 R2 Network U38d Bdm[U+S Hmdwom 2 -vMs a4pus) SGBMenay APPhadons Mir man SQL Save 2012 SQLSeve RepatUri Ssvkes Windows Fib Shae:(UnaW '13pe'aft %. WhdowsSeve 2008 R2 Fdksie CUweinB Mardrrmta 2 -VMs (4vCPUs) 16GBMenay H 668 Man XY 0 0 Internet The Brazos County CIJIMS test environment will be configured the same as the production environment for continuity and consistency between the two environments. This makes it easier and more efficient to validate updates, fixes, solutions, bugs, issues and testing prior to running any scripts or deploying upgrades or patches against the production system. The difference, however, is that AiCMS and AWMS will be loaded on the same virtual machines. 14' /AIMCAD Page 19 Vol. Appdoat-Z AMCAD RDAM Wo Serve AMCAD RDAM WebServa ni W ndowsSeve 2008 R2 H 668 Man XY 0 0 Internet The Brazos County CIJIMS test environment will be configured the same as the production environment for continuity and consistency between the two environments. This makes it easier and more efficient to validate updates, fixes, solutions, bugs, issues and testing prior to running any scripts or deploying upgrades or patches against the production system. The difference, however, is that AiCMS and AWMS will be loaded on the same virtual machines. 14' /AIMCAD Page 19 Vol. Brazos County, TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan 6.0 Training and Development Environment The following diagram represents the recommended training and development environment hardware and the system specifications for each component. If further specifications are requested, please reference the manufacturer's specifications and product description or contact the product vendor. Apps AMCAD AiCMSCReRSAW AMCAD AU MS CRent Saftsrare of NVIRM Whdaws7 Hardware: D„:tCorecvuoeitooa l LAN APa8 AMCAD AfCMS Middlavara AMCAD RUMS Middle me APPOeations AMCAD Irdefa0e SUMS AMCAD ROAM Inds Sewer AMCAD ROAM WedServe M�fhdtsys5errer 2008 12 ODeradn WTI ver Hw�"'"R0 o Whdms 2908 R2 0 2 -VMS WIDUS) R BGBMemaV 1- VM(4 vCPUJI �' W OMen ay AppBmdone Mkrom SQL Sewer 2012 SQLSewer Repw tit bevkes W hdoWS file Shires pmaBesl WA S» WhdtswsSffm 2008 02 � o 2 - VMSRXKW iNz BGB Memory rewad Intemet The Brazos County CIJIMS training and development environment will be configured the same as the test and production environments for continuity and consistency between the environments. This makes it easier and more efficient to validate updates, fixes, solutions, bugs, issues and testing prior to running any scripts or deploying upgrades or patches against the production system. The difference, however, is that the servers will not be clustered or load balanced in the training and development environment. A "CAD Page 110 Vol. �_7_� Icy. 7 • .�.. » � s., i�_ . �r r�:'Sllniti" -• ',.:��S::a!�. ;Y:i "t •. r-== 7�`-�4:-t =;rr,•'.r5L.:v,��:..; _ r - : fir r�.!r.. i 5 .. • .�� - �' Brazos County,. TX Comprehensive Integrated Justice Information Management System Final Hardware Configuration Plan Attachments None too Page Ill , AMCAD i�= .:ii✓•�'..:R �tr�l. ...:� .: ". _, :S•'�:�.. •.�� ��r�' fi��:�.'. ..�... It � ..a...rt._.�`.J- l.....'Ir:. _... !�.Mf. :r.�Xl .. •i':..�J rra l: i�T 'JI._ 4•.'.� ! -r .. AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on '+"�f u.�N j ChJ V k - nally appeared who being duly sworn, deposes and says: 1. That he /she has substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. / of the Court Agendaadated described as � O mm ' T +C e- +0 IVQ I U ,k-� V 7 6 , u I s — '3 l , would have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. That the substantial interest is (check the following as is appropriate): () a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or () c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or () d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or e. other � l:J�/ m rA t ++ e.J 3. That I will abstain from participation in the matter ref a in Item 1 uXeQ authorized by law. Signature SWORN TO AND SUBSCRIBED BEFORE ME this th.& Notary Public in ?,l�Y.P�� °• BEATRIZ D. GREEN The State of Tex Notary Public, State Of Texas My commission Expires JUNE 11, 2014 Filed: �' I I- 1-f GVVnu DATE County Clerk AT M KAREN WgUEE4 _ _ Vol. / 7 __ _ Pcg. _(° STATE O TEXAS COUNTY OF BR2k7_'OS Athletes fur Chan <,e 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 Athletes for Change 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 I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long terns residential care for children alleged or adjudicated to have commitled delinquent conduct or conduct indicating a need for supervision. ARTICLE 11 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 terms thereafter, commencing September 1" and ending August 31" , unless one party notifies the other in writing, at least thirty (30) clays prior to the expiration of said term, of its intention to not renew this A vareetnent. 2.02 The terms 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 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 minimaliw disturbing to others and not considered deviant by those who know the child. The t thletes f or (;har, ge Residential Services Agreemem September 1, 2012- Arrgirsr31, 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 Substantial problems; child has physical, mental or social needs and behaviors that ntav present a moderate risk of causin harm to self or otlters poor or inappropriate social skills. frequent episodes of agoressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive settin- with therapeutic counseling available by professional staff. C. S pecialized 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 agwgressiot, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk ofcausing 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 un willimg 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 fiving arram—yement. 3.02 Service Provider will perfurm the G011oving 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. Puge 2 of 20 Vol. Pg. ��/ . .- uhletes fi)r Change Residential Services Agreement September 1, 2011 - August 31. 2013 C. Initiate and document meetings and attempted meetings anon-- Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minirnurn 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 rind 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 Irndividualized Program Plan shall contain the reasons why the placement nnav benefit the client; shall specify behavioral goals and objectives being sought for cacti 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 tine program plan to assist in preventing or controlling the child's objectionable behavior. G. tIvIaintain 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. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not ltrn]ted to: hours of service provided, number of children served average len 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 10 Vol. 174 Pg • ._ Z ___ .41ldeles fnr Change Residential Services Agreement Selxember 1, 2012- Aregrest 31, ?013 Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator. to be paid by either personal payment, health insurance or (Medicaid coverage. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. 3.03 Service Provider will provide or perform the following: A, DAILY LIVING SKILLS I. 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. 13. 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 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 xvith the requirements contained in IWD- 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. 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 (JEP) 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 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 hitp://NN Protection /Transitional Living/default.asn. Page -t of 20 Vol. pg. �4 Athletes for Change Residential Services A;reement 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 Miniinum 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 ]terns. 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 at 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 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 minimurn 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; C. 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. iii. 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 ]terns necessary to meet their hygiene and personal grooming needs bv: a. Making grooming products available so that each child is able to maintain good hygiene and grooming practices h. Ensuring that 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 concepts of personal hygiene and grooming and what they need to do on a daily basis to achieve and maintain good hygiene and grounting. 3.) Room, Board, and Furnishings. Page 5 of 20 Vol. /7G Pg. "uhletes for Change Residential Services Agreemen! September 1, 2012 - 4m 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 elisure that the items be kept clean and in good repair. ii. The Service Provider shalt ensure that children have personal storage space for their clothing and possessions. fhe 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. iii- 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 IMInimum Standards. D. DiSC]PI.iNE AND CRISIS MANAGEMENT I.) 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: http: / /www digs state.tx.tis /Child Care /Child Care _Standards and Regulations/dcfault.asp the Texas Administrative Code, including. but not limited to, the following: a. The Service Provider shall not use, give permission to use, or threaten to use physical discipline with any child. b. The 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 placement 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. ii. 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 t.) 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 ( "'FEA "). "I'he Service Provider may request an exception to this requirement from the juvenile probation department. The Chief.htvenile Probation Officer, or his /her designee 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. iii. 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 appropriate a. School enrollment. documents — birth certificate Social Security card, immunizations, and withdrawal notice from the last school; Page 6 of 20 Vol. /.,7 __� pg• - -�� - I thletes for Change Residential Serwces Agreement September 1, 2012- August 31, 2013 b. Special Education documents — Admission, Review K: 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 0 progress reports; d. Transcripts; e. Standardized test result — "YAKS /SDAA /LDAA; I Referrals, notices or other correspondence; �. 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 \vith 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 frouh 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 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 vocationall activities and community education programs; ii. Receives the assistance needed to maximize the benefit of these activities; and in 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 (f.)JD- FED- 28-04). 3) The Service Provider shall intervene, as necessary to reduce the risk and occurrence of any and all injuries. 4) The Service Provider shall ensure that children have input into the types of recreational activities in 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, permanency 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. Page 7 of 2 0 tthletes for Change I+ (;sidential .Services . I greernent Septenther 1, 2012 - At(gttsi 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 iii. Discouraged by a mental health professional creating any of the siblin fs. 1-1. CULTURAL COMPETENCE 1) The Service Provider shall provide the contracted componcnts of care %with a high level of individual and organizational cultural competence as described below: A) Individual Cultural Competence —'rhe 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. 13) Organizational Cultural Competence — A set of values, behaviors, attitudes and practices within it system organization, program or among individuals which enables staff and volunteers to work effectively with children and families from other cultures. f=urthermore, it refers to the staffs ability to honor and respect the beliefs, language, interpersonal styles and behaviors of individuals and families receiving services. I. SERVICE PROVIDER PAR'f1CIPATION 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 thejuvenile 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. J. MAiNTAINING CONNECTIONS i) 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 1) 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. Page S of 20 Vol. - Fg Athletes f �r Change Residential Services Agreement .September 1, 2012- Atrgust 31, 2013 L. LEAS3' RESTRICTIVE✓ SE:TTiNG 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. AR.TI.C1, E IV EVALUATION CRITLRIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation at its discretion. may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions ol•the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement_ 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their I_eve] 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 \vho 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 the above - mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as Page 9 of 20 Vol. _ Pg._ �`S .athletes for Change Residential Services it ;reenrent S'eprenrber 1, 2012- :Qxaust 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 f_.evel 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 improvements in 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 rninirnurn 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 front the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Business Manager on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, includin but riot limited to: hours worked to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available Irorn other sources for eligible children. it must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbufsement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage or contributions from parents or others must be documented as to each child for whom a billing is submitted arid -deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information 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 20 Vol. /G ______ Pg. - .4 thleles for Change Resideolial Services ;Igyreement 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. S.OS 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 Mana Service Provider will not contact other department employees regarding anv 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 VI 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 nnay include time away from the residential setting of Service Provider. such as \yeekends 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 re 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 f�3cilin. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however. anv 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 %vho is deemed inappropriate for placement in that program. Page 11 of 20 i Athletes for Change Residential .Services ,41 ,reement Septemher 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 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 shall receive payment for those days the client was absent fi om 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 terms of this Agreement and /or to review its records periodically. This examination and evaluation of the program may include site visitation observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 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 Provider agrees to maintain and make available to an authorized representative of the State of 'Texas or .Juvenile Probation an\ 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 full\ Page 12 of 20 , Vol. .4117letes for Change Residential Services Agreement September 1, 2012- 4ugust 31, 2013 with the State Auditor's Office or its succe5so' to the conduct of the audit or investigation, including providing all records requested. Set 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 arranuement 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 terms and sign the Business Association Agreement 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) hours from the time the alleszation is made. to all of the following: A. Local la%v enforcement agency; R. Texas Juvenile Justice Department by submitting a TJJD Incident Report Farm to facsimile number 1 -512 -424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1 -577- 786 -7263, folloNved by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823 -4211 (A'FTN: Executive Director). ARTICLE X DISCLOSURE OF INFORMATON 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.luvenile 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 aggainst its employees, interns, volunteers. subcontractors, agents and /or consultants that have directt 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. Am- 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 Page 13 of 20 A1171eres for Change Kesideniiul Scrvices.4�reenrent Sepiember 1, 2012- Augusi 3 /, 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 I'. 'fhe 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. 1'or 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 ) or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. A wriCLE X1 EQUAL OPPORTUNITY 11 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 X11 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 XIII OFFICIALS NOT TO 13ENITIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the v overning 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. It' Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or Page 11 of 20 VOL _ / ��__. pg.. �0 -- .4lhleles for Change 1Zesitlexliul.Serri�es .•?grcenTerrr Seplemher 1, 2012- Au;usl31, 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 terms, and C. In either of these two circumstances alter 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 'Phis Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate: or B. Upon expenditure of available (finds. 15.02 If' at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children bein 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 XV1 WAIVER 01 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 «wives any rights it may have to indemnification from Juvenile Probation. ARTICLEXViI INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnity 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 13.01 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 Page 15 of 20 .41Weies frnr Change li'esidenikrl Serlices agreement Sepleinber 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 benefciarv. ARTICLE X1X REPRESENTATIONS & N1rARRANI'IES 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. ]'remises 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 (including death) b. Property damage $300,000 $300,000 c. Aggregate policy limits $300 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 - NN-611cn through a company duly entered and authorized to transact that class of insurance in the State of Texas. and yees, interns, volunteers, subcontractors, agents andlor consultants D. That all of its emplo will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas f=amily Code Chapter 261 and Page 16 of10 :1 thleles flu Change Residenlial.Services Agreenoem Sepleniber 1, 2012 - August 31, 2013 anv applicable Texas Juvenile Justice Department administrative rules retarding abuse, neglect and exploitation allegations. 1�. 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 r(- 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 VI"NUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, 'texas. ARTICLE XX11 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 XXiil PRIOR AGREEMENTS SUPI:RSF_DED 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 PRISON RAPE ELIMINATION ACT 24.01 Service Provider shall adopt and comply with all federal. state county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, includin juveniles and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. 21.02 Under PREA, Service Provider shall make available to the CPO all incident -based and agbregated data reports for every allegation of sexual abuse at its facility or facilities, and all such Page 17 of 20 V, .41111c1cs jor Chw7ge Residelitiul .Ser7 : l,greenrent Sepiember 1, 2012 - August 31, 2013 data may be requested by the Department of Justice from the previous calendar year no later than June 30 PREA §l 15.387(e) and (01 24.03 Service Provider shall be monitored, at their expense, once in every three - year auditing cycle and documentation of this audit including any non- compliance shall be given to Juvenile Probation. A. Service Provider shall choose a monitor that meets all applicable PREA requirements and is pre - approved by Juvenile Probation. 13. Juvenile Probation may conduct their own audit, at any time, to determine Service Providers compliance with PREA standards. 1. Service Provider shall assist 1'ully with any and all audits. ARTICLE XX V AMI=NDMEN'1' 25.01 Juvenile Probation may amend modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation %Fill then notify Service Provider in writing, dated subsequent to the date hereof of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Page IS of 20 r Athletes for Change Residential Services agreement September 1, 2012 - august 31, 2013 EXECUTI]D IN' DUPLICATE [or'IRIPLICATE- — see beloxv], EACH OF WHICH SHALL HAVE THE FULL I-ORCE AND EFFECT OF AN ORIGINAL. BRA %OS COUNTY Duane Peters, Coun • Judge Date And Brazos County , uvenile Board Chairman Doug Vance, PhD, Executive Director Date Brazos County Juvenile Services SERVICE PROVIDER Authorized Signature Date PRINTED narne of person signing this contract PRINT FACII.,ITY NAME AND ADDRESS Athletes For Chance 12_05 1:. 13ear Creek Glenn Heights, Texas 75154 PRINT BI LLIN'G ,NAME AND ADDRESS: Athletes For Chance 2416 Clear Field Drive Piano. 'Texas 75025 PRINT NAML' OF BILI,I,NC CONTACT PERSON Maureen Murpliv or Dennie DeVaughn CPS LICENSING REPRESENTATIVE: Tilcka 'ritle FACILITY TELEPIIONE NUMBER: (972)223-2011 and (972)223 -2035 BILLING TELEPHONE NUMBER: (214)4 14-6981 FEDF JlAL TA\ INDENTIFICATION NUMBER: 45- 3585479 CPS TELEPHONE NUMBER: (817)605 -4669- office (817) 379- 0617 -cell Page 19 of 20 Athleles for Change Residential Services Agreement September 1, 2012 - August 31, 2013 E\ I -i 1 E31 T A BASIC LEVEL S42.18 MODERATE LEVEL 596.17 SPECIALIZED LEVEL $138.25 INTENSE LEVEL $242.85 EMERGENCY SHELTER S115.44 Page 20 of 20 l74 s �� CONTRACT FOR RESIDENTIAL SERVICES JUVENILE POST ADJUDICATION FACILITY GRAYSON COUNTY This Agreement is made by and entered into and between Grayson County, Texas, acting through the Grayson County Juvenile Board, by its duly authorized representative, and Brazos County Texas, acting through the Brazos County Juvenile Board by its duly authorized Chairman or its representative. WITNESSETH WHEREAS, Grayson County, Texas, and the Grayson County Juvenile Board operate the Cooke, Fannin and Grayson County Post- Adjudication Facility (hereinafter referred to as Facility); and WHEREAS, Brazos County in order to carry out and conduct its juvenile program in accordance with the Texas Family Code, Title 3, Juvenile Justice Code, has need of the use of the Facifity located in Grayson County, Texas and operated under the authority of the Grayson County Juvenile Board to house and maintain children (hereinafter referred to as child or client or student) of juvenile age, for post - adjudication confinement; and, WHEREAS, Grayson County desires to make the Facility available to Brazos County for such use and purpose, and Brazos County desires to contractfor the use of said Facility; and WHEREAS, the parties are political subdivisions of the State of Texas authorized to enter into an Interlocal Cooperation Agreement for such detention services pursuant to Chapter 791 of the Government Code (Tex. Rev. Civ. Stat.). NOW, THEREFORE, in consideration of the mutual agreements, promises and covenants herein contained, the parties agree as follows: I. TERM The term of this agreement shall be from the effective date of September 1, 2012 to August 31, 2013. It may thereafter be renewed annually at the discretion of Grayson County Juvenile Board. Page 1 of 10 11. FACILITY GOALS Facility has established the following as its goals in serving clients: The child shall attend academic classes five (5) hours perdaywhile Sherman ISD is in session covering the core courses at the students assigned grade level; 1, The child shall receive life skills training, which may include: MRT®, Fatherhood or anger management five (5) hours per week through departmental staff; 2. The child shall receive weekly substance abuse education, group counseling or social skills training; as determined by a jointly agreed upon case plan; 3. The child shall complete community service restitution projects as assigned; 4. The child shall be involved in physical training activities that are centered around stamina and strength; and, 5. The child will receive case management services including case plan, treatment teams when required and aftercare planning. III, FACILITY OBLIGATIONS Facility shall provide the following to achieve the stated goals: Clients will receive a highly structured level of supervision as reflected by, at a minimum, documented 15 minute room checks and direct monitoring or supervision in all programming. 1. A written Individualized Case Pian shall be developed by the appropriate facility staff in concert with the child, parent and /or court officer. 2. Routine medical and dental services as determined in this written Agreement. 3. Structured and supervised physical training activities. 4. Access to free, appropriate public education and related services through the Sherman Independent School district in Grayson County and within guidelines set by State and Federal law. S. Therapeutic intervention within the milieu designed to improve the child's functioning. Page 2 of 10 �✓OI_ � 7G �, �j 6. Formalized behavior programs and therapeutic interventions implemented by professional and paraprofessional staff under the direct supervision of professional staff. 7. Conformance to all applicable standards set forth by the Texas Juvenile Probation Commission (TJPC) for the operation of secure post - adjudication facilities. 8. A staff -to -child ratio as governed by TJPC certification standards. Procedures ensuring the child is not released to any person or agency other than Brazos County. IV. EXAMINATION OF PROGRAM AND RECORDS The Facility agrees that Brazos County may examine and evaluate its program of services provided under the terms of this contract and review the Facility records relating to Brazos County clients. This examination, evaluation and review may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Facility and the child. The facility has been duly inspected and certified as being suitable for post - adjudication of juveniles by the Grayson County Juvenile Board and the Board has approved the programs, policies and procedures under which the facility is managed. The facility is registered and monitored by the Texas Juvenile Probation Commission. The Facility agrees to maintain and make available for inspection, audit or reproduction books, documents and other evidence pertaining to the cost and expenses of this contract, hereinafter called the Records, by an authorized representative of Brazos County and /or the State of Texas. The Facility agrees to maintain these Records for three (3) years after final payment or until the State- approved audit has been made and all questions therefrom are resolved. V. CERTIFICATE OF ELIGIBILITY TO RECEIVE STATE FUNDS Under Section 231.006, Family Code, Grayson County certifies that it is not ineligible to receive state grants or loans and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Facility shall adhere to all applicable state and federal laws and regulations pertinent to the Facility's provision of services. Page 3of10 vol. -- l � Pg. The Facility shall account separately for the receipt and expenditure of any and all funds received under this contract- VI. PRIVATE SERVICE PROVIDERS In any contract with a private service provider to provide services to the clients under this contract Grayson County will require, in accordance with Texas Human Resource Code, Sec. 141.050(a), such contract to include, (1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives; (2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and (3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract. Grayson County will also use data relating to the performance of private service providers in prior contracts as a factor in selecting any providers to receive contracts to provide service to Clients. VII. COMPENSATION Grayson County shall charge a daily contract rate to Brazos County which is determined by the Texas Juvenile Probation Commission residential reimbursement program. The current FY 2012 contract rate for all services is as follows: TYPE OF SERVICE FY 2013 CONTRACT RATE Standard Residential $98.00 Specialized Residential S140.00 Psychiatric Medical Review COST Psychological Counseling I $65.00 hr. individual $25.00 hr. grou Ps' cholc Ica) Full Batte $550.00 LAC Psychological Evaluation 5220.00 Medical Services _ COST —� Dental Services COST In no event, however, shall the monthly FY 2013 contract rate cost to Brazos County exceed Grayson County s actual cost per day per child in operating the Facility. Brazos County agrees to pay Grayson County the monthly FY 2013 contract rate cost from current revenues. The Grayson County Department of Juvenile Services shall submit an invoice to Brazos County within ten (10) days after each billing period. Brazos County agrees to submit payment to: Page 4 of 10 Grayson County Department of Juvenile Services 86 Dyess Denison, Texas 75020 All payments are due within thirty (30) days after receipt of the invoice. Vtll_ EMERGENCY MEDICAL, DENTAL OR PSYCHOLOGICAL TREATMENT OF CHILD Brazos County and Grayson County agree that if emergency examination, hospitalization and /or treatment outside the Facility is required for a child placed in the facility by Brazos County the administrator ordesignee of the facility is authorized to secure such emergency examination, hospitalization and /or treatment at the expense of Brazos County Brazos County agrees to promptly pay for any and all emergency examinations, hospitalization, psychiatric, and/or psychological treatment including medications directly to Grayson County for such care. Brazos County agrees subject to the Texas Tort Claims Act, to indemnify and hold harmless the Facility, Grayson County, its officials and employees, for any liability or for charges incurred for emergency medical examination, hospitalization and /or psychological treatment required for a child placed in the Facility. The Facility administrator shall notify Brazos County of such an emergency within 24 (twenty -four) hours of its occurrence or as soon thereafter as practical, but in no event later than three (3) working days. IX. PLACEMENT OF CHILDREN Prior to transporting a child to the Facility for placement Brazos County officials requiring and authorizing placement shall secure from the Facility a written letter of acceptance regarding said child. Placement of a child from Brazos County may be denied if (1) the child is found not to be suitable for placement in the facility or (2) space limitations do not permit such placement as may be determined in the sole judgment of the Facility Administrator. Children from Brazos County who are adjudicated in accordance with the provision of the Texas Family Code, Title 3, Juvenile Justice Code, shall be admitted to the Facility only under authority of the Juvenile Court of Brazos County or its designated official. A certified copy of the Adjudication and Disposition Order must be delivered to the Facility prior to or contemporaneous with the child s admission. No child admitted to the Facility under this agreement shall be detained in violation of any state or federal law. Grayson County hereby notifies Brazos County and its officials, agents and employees, that Grayson County fully complies with the mandates of the Federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended 1977, 1980, 1984, in regard to the detention of status offenders as that phrase is commonly Page 5 of 10 74 r g. understood. No child will be admitted or detained in the Facility if the detention is based solely on that child being a status offender. Brazos County is solely responsible for the transportation of any child placed at the Facility unless prior arrangements are made with Grayson County. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as determined by the administrator and staff of the Facility. The Grayson County Juvenile Board agrees that the Facility will accept any child qualified hereunder to be admitted, without regard to such child s religion, race, creed, color, sex, or national origin_ If a child is accepted by the Facility from Brazos County and such child thereafter is found to be, in the sole judgment of the Grayson County Facility administrator, mentally unfit, dangerous, or unmanageable and/or whose mental or physical condition could or might endanger other occupants, including but not limited to the staff or other residents of the Facility, the administrator shall, upon notification to the Brazos County Juvenile Court Judge or designated juvenile office, have said child immediately removed and transported from the Facility by a juvenile probation, detention officer or transport officer of Brazos County. If Brazos County fails to remove such child within 24 hours of said notification, Grayson County shall transport said child to Brazos County Juvenile Court Judge or designated juvenile official and Brazos County shall reimburse Grayson County forsuch at the rate of $25.00 per hour of time spent in transport, including but not limited to the return trip and actual time spent in Brazos County plus mileage at the highest current rate allowed under Texas state law for reimbursement to state employees. It is agreed by the parties hereto that children placed in the Facility under the proper order of a court exercising juvenile jurisdiction in Brazos County shall remain detained therein except that the staff of either the Facility or the Brazos County Juvenile Department may have the child participate in community activities. It is expressly understood and agreed by the parties that the Juvenile Court of Grayson County, Texas shall not exercise any direct authority over a child placed at the Facility pursuant to this agreement. It is agreed by the parties hereto that nothing in this contract shall be construed to permit Brazos County, its agents, officials or employees in any way to manage, control, direct or instruct the Cooke, Fannin and Grayson County Juvenile Post - Adjudication Facility, its agents, officials or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the Facility. Brazos County warrants that all children placed in the Facility have been legally committed under state and /or federal law. Page 6 of 10 X_ STATE AUDITOR'S REVIEW Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors 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 Contractor and the requirement to cooperate is included in any subcontract it awards. XI_ DEFAULT Either party to this agreement may, by written notice of default to the defaulting party s Juvenile Board Chairman through certified mail return receipt requested, terminate in whole this Agreement prior to the end of the term if the defaulting parry fails to perform any provisions called for by this Agreement. The defaulting county shall have the right to cure such defaultwithin ten (10) days of notice of such failure or as extended by written authorization of the non - defaulting county. XII. TERMINATION Notwithstanding any other provision in this contract, either Grayson County or Brazos County may terminate the contract by notifying the other party in writing at the addresses specified herein for delivery of notices, by certified mail, return receipt requested or by personal delivery at said addresses of the terminating party s intention to terminate the contract thirty (30) calendar days after receipt of notice. At the end of the 30 -day period, this contract shall terminate and become null and void and be of not further force or effect. After receipt of notice of termination, Brazos County shall remove all children placed in the Facility on or before the termination date. No child shall be accepted by the Facility after receipt of said notice. XIII. NOTICES All notices, demands, or otherwritings may be delivered by either party hereto to the other by certified mail, return receipt requested or other reliable courier at the following addresses_ Page 7 of 10 To Grayson County; Grayson County Department of Juvenile Services ATTN: Bill C. Bristow 86 Dyess Denison, Texas 75020 To Brazos County: Director Doug Vance Juv enile Probation Department 20875 CR 171 Angleton, TX 77515 -8901 The addresses to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. XIV. OFFICIALS NOT TO BENEFIT No official, member, or employee of Grayson County or Brazos County and no member of their governmental bodies, and no other public officials of the Grayson County Juvenile Board or the Brazos County Juvenile Board who exercise any function or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest and shall not have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. No member of or Delegate to the Congress of the United States of America, no Resident Commissioner, or official of the State of Texas shall be allowed any share or part of this contract, or any benefit that may arise therefrom. The Grayson County Juvenile Board agrees to insert this clause OFFICIALS NOT TO BENEFIT into all subcontracts entered into in the performance of the work assigned by this agreement. XV. VENUE The law of the State of Texas shall govern this agreement and venue of any dispute or matter arising under this agreement shall lie in Grayson County, Texas. XVI. INTERPRETATION OF CONTRACT This contract supersedes all previous agreements and contracts between the parties for these purposes. Said previous contracts shall terminate, become null and void, and be Page 8 of 10 Vc'! /74 P r,�, /p el of no further force or effect on the effective date of this contract. In the event that any provision of this contact shall be held illegal or unenforceable, such provision shall be severed and shall be null and void, but the balance of the agreement shall continue in full force and effect. This agreement this date executed is made by and between the parties hereto; it being declared the intention of the parties hereto that the above and foregoing contract is a contract providing for the (1) care of juveniles who have been adjudicated in accordance with the provisions of the Juvenile Justice Code, Title 3, and (2) payment for such care by Brazos County for such juveniles placed in the Facility by the Judge of Brazos County exercising juvenile jurisdiction. The undersigned officer and;or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII. INDEMNIFICATION It is further agreed that the Facility will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, orexpenses arising out of wrongful and negligent act(s) of commission or omission of the Facility, its agents, servants, or employees arising from activities under this Agreement. The Facility 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. XVIII. PRISON RAPE ELIMINATION ACT The Facility shall adopt and comply with all federal, stale, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a Zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA, the Facility shall make available to the CPO all incident -based and aggregated data reports for every allegation of sexual abuse at its facility or facilities, Page 9 of 10 and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 (PREA §115.387(e) and (f)) The Facility shall be monitored, at their expense, once in every three- year auditing cycle and documentation of this audit including any non- compliance shall be given to Brazos County Juvenile Probation. The Facility shall choose a monitor that meets all applicable PREA requirements and is pre - approved by Brazos County Juvenile Probation. Brazos County Juvenile Probation may conduct their own audit, at any time, to determine the Facility's compliance with PREA standards. The Facility shall assist fully with any and all audits. Executed in duplicate originals this GRAYSON COUNTY Department of Juvenile Service V BiII C. Bristow, LMSW -A Director Date: � _� ( S day of , 2013. Brazos County Juvenile Probation Department Doug Vance, Executive Director Date: Duane Peters, Co�nty Judge, Date: -2 — / /_/ 5 Page 10 of 10 � 9 l le i r E 0. ���.. f : Brazos County Purchasing Department 200 S. T\ AN E., Su1'TE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 3614293 BRAZOS COUNTY BIDIRFPIRFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise the following: DATE: February 12 2013 BID NUMBER: REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: 2013 -39 TITLE: Road and Bridge Engineers and Surveyor REQUESTING DEPARTMENT: _ Road and Bridge APPROVAL SIGNATURE: County Judge , 'I DATE APPROVED: - iql - f�) v«►,..___ 7 / c�7 `` =« ,Brazos County L. Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 11, 2013 BID NUMBER: 2013 -45 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Fencing Supphes REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: j� ^� L Duane Petersx ounty Ju e DATE APPROVED: 1,7 !o Fg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DA'T'E: February 19, 2013 SUBJECT: Utility Permit --- Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Smetana Road. This project will provide water service to new customer. Site is located uz Precinct 4. SUBMI I "T " ED BY: — A �- 7 )? _Wv� J Salvato Right of Way Agent APPROVED BY: Irma Caule� - Commissioner This request is VCPROVED / DENIED ❑ by Commissioners' Court Duane Peters `C�unty) udge� DATE: 1 17 7 P �, f Wellborn Special Utility District In ;F11111111 I OMNI Is, February 11, 2013 The Commissioner's Court of Brazos County Allention County Judge: Formal notice is hereby given that Wellborn Special Utility District will construct a road bore for water line within the right -of -way of a County Road in Brazos , County, Texas as follows: Road bore will be made under Smetana Road. Bore will be made from existing 6" water line located on the north east side to south west side to proposed water meter fof a distance of 80' at a minimum depth of 36" below dilch Bow line. The location and description of this line is more fully shown in drawings attached to this notice. The line will be constructed and maintained in the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Construction of this line will begin on or after February 13, 2013. Regards, OLIA Stephen Cast General Manager Wellborn Special Utility District I?O. Box 250 # 4118 Greens Prairie Rd. 4 Wellborn. TX 77881 0 979.690.9799 • Fax 979.690.1260 APPLICATION FOR WATER UTILITY PERMIT , DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEF_R OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, conics now Wellborn Special Utility District [Compat1) name], hereinafter referred to as "Company" a [slate] Corporation, with authority to transact business in 'Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility, to Cross Road Road Nante & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK O'1; Smetana Road bu t B ored Jacked Driven Cased X X Facility to Paralle Count/ Road Within Right•Of- -1Vay Road Narne and Block Number From To Depth Distance CONSTRUCTION 'TYPE 2" Diameter .10" NVallThickness � iN� LI�i �N�L�Sc� ;�xTtr�N ��S iriev Material Specification PVC Ca6ing Maximum Operation Pressure 200 psi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual consmictiott / work in good faith within 60 days f ron] the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60 day, Company will be required to apply for a new permit. Company declares fhat prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and (lie filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit small be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, tide and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any mamter on account of the exercise or attempted exercise by said holder of the aforesaid rights anti privileges. Any deviation from these specifications most be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREAMNTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not hwall utilities in contpolance ►vide installation requirements set forth herein (i.e. rlepth, location, etc), Company assuntes all fnnancittl responsibilihl for dnntages antllor destruction of lilies, cables, etc. based upon its failrtre to comply with .Brazos Count) requirements. Applicunt agrees thee! Iflfrazos County demonstrates a violation of the terms of thispolicy, Applicant stipulates that requisites for Injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicanf which is contrary to fire policies. This permit is a revocable permit. Brazos Cotirtty reserves the right to revoke this permit at any flme, in the sole discretion of Brazos County, for interests of prtblic health, safetjr or nvelfttre, or for failure to repair any damages upon demand, or for any other reason deented sufficient by Brazos Corarty. In the event Company fails to comply with airy or all of the requirements as sef forth herein, the Comity may fake sach action as it tleems appropriate to compel compliance. The County F,ngiaeer farther retains the right to revolve this Permit by verbal notification to the Applicant/Comptrrty. f %allure to obtain this pertntit anrUor notify the Calmly Engineer's Office ►villein 24 hours of beginning construction shall constitule grounls for job shutilown. By signing below, 1 certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wellborn SUD Com any Name Sfephen Cast By: / Signature Gene 1 Manager Title Y.O. Box 250 Address Wellborn Texas 77881 City State Zip 979 - 690 -9799 Phone Number wsiid.js @veri_zon .ne /wsud.sc @verizon.net Email: WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 0.2 ^ 1 3- a except. as noted below: (Month/DayNcar) EXC}t?'t'IONS: AIOAle i / Brazos unty Eng' eer iahrre �A. gAl7 'fine I ! ; rk 4 %t, AR I vCA 95- rn �. m r r � z > ` > G U? co Z Q js O ID 0 0 ID m > - TI m O K G) -C 0 C C) O L n V) CO � C � r = C7 rn � rn rn � Z m Y � � _f3 o rn r � � m Q m C z c7 7 :j 0 0 _ O z X U) - m -i 0 z W (� O 1 K }� ro r' U3 e O � z H O En C O � >0 Q a RdO o-1 H M rn -I rn rn rn 'lily 1 0 -j rt 0 (D m K N w rt W W 113 O 1-h N m O N � r O ro tr � rt rt ti Cf) ri N rt A. w o 7d 0 K a• 0 m A. � m H 0 r) CD rt Y• O q Y• N O 0 K rt x 7 21 tdest 0 rn, �I z rn 0 0 G 0 7� 0 1� 1! 0 b O :a S In N rt w w O w Ow N 0 n C; 3 r R� Y. y x 0 0 M c) :a 0 %- 97scuvu+ �T. yr. et trl. rtrer• +. ow*•. .} n• •saa r IrYr�ro� ,� 71a in'. is wrro.ij .. .y k:M i• �..f... • i.{'01 <s w Me! ,,��}} V�.1°,.,rf r� re.. .ww• O.SCr <nl. •�..pY n .+rwr7�. �i��•e1 nrn,. r wrm. r <wn rro. 1.• u•. 17U� 7 Ala i,; o g a•.,< < Q 7 f A + frl V Nioi1� xRr•Iar 7 N a a -- -- - - - - - - - - - - - - - - - - - - ; 0 = v aN L n O w c ., a :> � r uu V S3i8 O N A r•n � 7 � q.Pll.•r 7Ta+4r _ I _ a 3 0 0 ]...]WOK • :gip • Sreu7M N V - 0 = O g [ t� INS Yrtw. a =' ,7 »R lur wr xlti —A 'g r g 4 so .sa = . o m • �� s °_ R.s90rp1 iin ssas t. r l ecr s � vii v CL � N 9rL +G�' • � fiiOUION N 0 �� CA} ]R � Tom/ 1 /}L 190• A 7 •I:. rn O TO q y R1y,1rS�.4J Lir• ;a ---- - -- 1 r r r r i 1t111il r r r- � :� gg M gg lil '� p : i33 s AXE f `° -�'s Y IIA S 7$- �i 3�s ,oM al e a q$ A -fit Rli�j; �sg a — E °p s p ti • F r G { c� -n '� i 0 TO s 3 Y i ss_ a s T ro n 3 a p;'- y y 8akxSSSaas s' a i SRS& t _ .. $7 S �� v � �$ R5 i aS:a Ni. -� » 8 8 99 $ y a F . s � BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Pennittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The pennittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the "Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Wa;. Exceptions may be approved by the County Engineer. C Traffic Control Plait A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; 4r �, 17 _ 117 i 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the "Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; C. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power - 0 -2 feet, nominally I' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet. nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. 'TxDOT Standard Specification Item 476 shall be followed for all boring jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions. the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation %within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to back-filling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved Countv road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the robber tire variety. Appropriate traffic control shall be provided meeting TiMUTCD requirements. 13. In the event said construction and/or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting erergency repairs, Company shall notify County Engineer within 24 hours of beginning construction /repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and /or repair to existing cables. conduits, and/or pole lines which require disturbance of the soil. shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction repair, improvement, alteration or relocation of all or any portion of said road any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder shall be removed from said road. or reset or relocated thereon. as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Higlt Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deeoest ditch grade) Special Rectuirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10` No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. t :J BRAZOS COUNTY, TEXAS 13UDGE`l' AMENDtNIEN`f(S) FOR THE 2012 -2013 BUDCET YEAR NO. 12/.1.3 20.1-20.8 On this the 19th day of February 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County .fudge. Presiding B. Lloyd Wassermann, Commissioner Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cawley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 19th day of February 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WI-I EREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTI4 D AND APPROVED this the l9th day of February 2013. THE COMMISSIONERS COURT OF 13RA'ZOS COUNTY, TEXAS. Duane Peters County Judg Original: County Clerk's Office and Attached to the original budget Copies: Count Auditor County Treasurer County Budget Officer Commissioners' Court Nlinutes i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 20.1 2119/2012 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 312100 51820000 CR Merit Pav 2,123.00 3000 91300000 DR Transfer to General fund 2,123.00 0100 49029000 CR 'Transfer from Grant Fund 2 0100 31000100 51300000 DR Salary -Staff 1 0100 31000100 51610000 DR Hourly - Staff 530.00 0100 31000100 53100000 DR Social Securitv 134.00 0100 31000100 53200000 DR Retirement 229.00 0100 31000100 53800000 DR Workers Comp 2.00 0100 31000100 53900000 DR Unem to ment 6.00 T.1PC - State Aid and .luvenile Administration Reallocation of funds for merit award. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 20.2 13re 011M.1 1) FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 51820000 CR Merit Pay 1.512.00 0100 31000200 51300000 DR Salary - Staff .00 0100 31000200 51610000 DR Hourly - Staff 463.00 4 0100 31000200 53100000 DR Social Security 95.00 0100 31000200 5.3200000 DR Retirement 163.00 0100 31000200 53500000 DR Workers Com p 2.00 0100 31000200 53900000 DR Unem lovment 3.00 Non - Departmental and Juvenile Detention Reallocation of funds for merit award. 1 r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 20.3 2/1912012 FUND DIV - ACCT PROD DR1CR ACCOUNT NAME Increase Decrease 4308 63430800 80101003 Renovation - Court House 7,500.00 4308 63431000 80101003 131thy Renovation - Court House 7 .tail Expansion 2007 Reallocation of funds to pay for additional costs associated with the water hammer repair at the Detention Facility. Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 20.4 2!19/2012 FUNDI DIV ACCT PROJ DRJCR ACCOUNT NAME Increase Decrease 01001 10003000 60500000 CR Eq 1.000.00 0100 10003000 71020000 DR Computer Contracts 1,000.00 Pre - Officer Reallocation of funds to cover additional computer contract costs for the remainder of the year_ vu' l7� j f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 2 0.5 �t�at�nt� FUND D1V ACCT PROJ 6R1CR ACCOUNT NAME Increase Decrease 0100 11001500 G 1 130000 CR Contingenc 5,000.00 0100 11004000 61950000 DR )Alelfare Contribution 5,000.00 General Fund Continveney and County Welfare Reallocation of funds to cover court ordered cremation. 'No funding was budgeted for FY 2013. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 20.6 2/19/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 61110000 CR Conference R Seminar Fees 2,400.00 0100 14000100 72155000 DR Computer Consulting 2,400.00 1 nforrnation 'Technology Reallocation of funds to bring in vendor for professional services to assist %with the upgrade of the Voice Over IP Telephone System. // y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 20.7 211912012 FUND DW ACCT PROJ DR/CRI ACCO NAME Increase:: Decrease 0100 37000100 60500000 CR Equipment 675.00 0100 37000100 67203000 DR Nlinor Com puter Hardware 675.00 County Agriculture Extension Reallocation of funds to purchase a replacement computer. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 20.8 2119/2012 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase I Decrease 4500 63000500 80286000 CR E ui intent - Other 1 326.00 4500 63000500 80891800 DR Vehicles - CA 326.00 _ General Caaital Pro Reallocation of funds to purchase a partition transfer kit for replacement vehicle in the County Attorney's Office. /,7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 19, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Newsome, Tony Reinstated Roberts, Allan Resignation Treasurer Perez, Laura Step Increase Rutledge, Amanda Step Increase Seale, Allan Step Increase White, Terri Merit Approved in Commissioners' Court: February 19, 2013: County Judge's or Commissioner's Signature: !� (This Copy to be attached to minutes) l \ TIER l - PARTIAL EXEMPTION RACIAL PROFILING REPORT Agency Name: Reporting Date: TCLEOSE Agency Number: Chief Administrator: Agency Contact Information: BRAZOS CO. CONST. PCT. 1 02/14/2013 041101 JEFF REEVES Phone: 979 -695 -0030 Email: ireevesnco.brazo .tx.us Mailing Address: BRAZOS CO. CONST. PCT. 1 12845 Fm 2154 Ste 140 College Station, TX 77845 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 da Certification to This Report 2.132 (Tier 1) — Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling BRAZOS CO_ CONST. PCT. I has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the BRAZOS CO. CONST. PCT. 1 from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the BRAZOS CO. CONST. PCT. I if the individual believes that a peace officer employed by the BRAZOS CO. CONST. PCT. 1 has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process; (5) requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS CO. CONST. PCT. 1 who, after an investigation, is shown to have engaged in racial profiling in violation of the BRAZOS CO. CONST. PCT. 1's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search: and Page I of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected. employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality senJed by the agency if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are is effect. Executed by: JEFFREF_ VES Chief Administrator BRAZOS CO. CONST. PCT. 1 Date: 02/14/2013 APPROVED Duane eters Date County - Judge Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education 3-4� I i BRAZOS CO. CONST. PCT. 1 Motor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 192 citation only 2. 4 arrest only 3. 0 both 4. 196 Total (4, 11, 14 and 17 must be equal) Race or Ethnicity: 16 African 6. 1 Asian 7. 153 Caucasian 8. 26 Hispanic 9. 0 Middle Eastern 10. 0 Native American 11.196 Total (lines 4, 1 1, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 0 Yes 13. 196 No 14. 196 Total (lines 4, 11, 14 and 17 must be equal) Search conducted? 15. 4 Yes 16. 192 No 17. 196 Total (lines 4 11, 14 and 17 must be equal) Was search consented? 18.4 Yes 19. 0 No 20. 4 Total (must equal line 15) Page 3 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer - -- Standards and Education