Loading...
HomeMy WebLinkAbout2013-07-23-10:00AM-REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA t ED JJL 19 P 4: 23 j �� d• / BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 23, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann. 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 21: 3. 9 5. Proclamation 13 -013 In recognition and support of the American Cancer Society Cancer Prevention Study-3. 6. Consider and take action on Order 13 -005 authorizing the imposition of a hotel occupancy tax. 7. 8. Approval of $40.000.00 incentive to Reynolds & Reynolds for FY 2013 per approved Economic Development Aareement. g. Discuss and take possible action on contract with Victoria County for Iuvenlle detentlon services. - - -- - - - --- Lvol _ Pg. V 10. Discuss and take Possible action on contract with Victoria County for iuvenhe residential services. 11. Discuss and take Possible action on contract with Hays County for iuvenlle residential /detention services. 12. Permission and avoroval to cancel the contract between Hlahway Technologies and Brazos County for lane striping and Pavement markings and award the contract to Lone Star Pavement through October 14. 2013. 13. Permission to advertise RFP 2013 -71 Election Services 14. Approval of contract with Managed Network Solutions for internet services for Brazos County. 15. Request permission to enter private Property owned by David and Judy Weir located on Blue Ouall 16. Tax Refund Applications for the following: • a. Edwin & Jo Marie Evre-overpavment- $133.20 • b. James & Pamela Harris - overpayment- $96.75 • c. Doinan Kavanaugh-overpayment-$895.67 • d. Daniel & Janet Wood - overpayment- $30.49 • e. Daniel & Janet Woodoverpavment- $74.16 17. Budget Amendments. Budget Amendments FY 12113 42.1 thru 42.3 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. 21. Consider and possible action on Executive Sessions. 22. Acknowledgement of the Brazos County Expo FY 2013 Annual Sales and Marketing Report. 23. Acknowledgement of the Proposed Brazos County Community Supervision and Corrections Department budget for the FY 2014 -2015 biennium. 24. Sheriff's report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns. 27. Adjourn. In - -- - - -I 9 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 hems and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code, Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and In all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public torum 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 Courrs presence al for racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation: and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda property 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 tactual 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.D42. 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. % Pg �1J� BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF ADDENDUM -t 1 a�`w BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following ftem(s): MEETING July 23, 2013 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas Agenda 1 . Consider and possible action regarding a bum ban. The Commgsioners Courtroom of the Counry Administration Swidimg, 200 South Texas Avenue, Sufte 106: Bryan, Taxes tr wheeloreir amessibie. Handicap parking spaces are avaaaCle. Any request for sign interpretive services must be made two worlong days before the meeting, To make arrangemems, please WI (979) 3614102 Vol. go Z, _%Ir BRAZOS COUNTY BRYANJEXAS MINUTES July 23, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING IS Sionatue Paae.odf It File Stamoed Aaenda.odf ID File Stamped Addendum.odf SJ Sian in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, July 23, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1, Absent; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 21: Vol. 3. Proclamation 13 -013 in recognition and support of the American Cancer Society Cancer Prevention Study -3. Was removed from the agenda due to it not being ready. Motion: Remove , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 4. Request approval to wire transfer up to $35,000 to Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to College Station Medical Center for indigent health care costs under the Uncompensated Care pool of funds. 0 Item 4.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters . Members Absent: Wassermann . 5. Request approval to wire transfer up to $100,000 to Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to St. Joseph for indigent health care costs under the Uncompensated Care pool of funds. 1=;) Item 5.)d Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Members Absent: Wassermann . 6. Consider and take action on Order 13 -005 authorizing the imposition of a hotel occupancy tax. 10 Item 6.odf A copy of the Order is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Members Absent: Wassermann . 7. 10 Item 7.odf Consider and take action on an interlocal agreement between Texas A &M University and Brazos County for the collection and allocation of a hotel occupancy tax to be used for the renovation of Kyle Field. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Members Absent: Wassermann . 8. D Item 8.)d Approval of $40,000.00 incentive to Reynolds & Reynolds for FY 2013 per approved �vol- -1&9,<' Economic Development Agreement. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters Members Absent: Wassermann. 9. Discuss and take possible action on contract with Victoria County for juvenile detention services. !-'I Item 9.odf The contract with Victoria County for short term juvenile detention services was approved as submitted. Cost to Brazos County will be $100 per child /per day. Term of the contract is for twelve (12) months beginning September 1, 2013 through August 31, 2014. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters Members Absent: Wassermann . 10. Discuss and take possible action on contract with Victoria County for juvenile residential services. k) Item 10.odf The contract with Victoria County for long term residential services for juvenile offenders was approved as submitted. Cost to Brazos County will be $98 per child /per day under basic level of care and $140 per child /per day for specialized level of care. Term of the contract is for twelve (12) months beginning September 1, 2013 through August 31, 2014. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Members Absent: Wassermann . 11. Discuss and take possible action on contract with Hays County for juvenile residential /detention services. 10 Item 11.odf The contract with Hays County for secure long term and short term residential services for juvenile offenders was approved as submitted. Cost to Brazos County will be $100 per child /per day for each space utilized in detention services. $105 per child /per day for each space utilized in the Boot Camp program and $140 per child /per day for space utilized in the Juvenile Intensive Treatment Program and the Sex Offender Residential Treatment program. Term of the contract is for twelve (12) months beginning September 1, 2013 through August 31, 2014.. A copy of the contract is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 12. Permission and approval to cancel the contract between Highway Technologies and Brazos County for lane striping and pavement markings and award the contract to Lone Star Pavement through October 14, 2013. j0 Item 12.odf The request to cancel the contract between Highway Technologies and Brazos County was approved as submitted. The original bidder is filing for bankruptcy. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Vol _ �,Z_ Pg. 70 — EEI Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley Mallard , Peters . Members Absent: Wassermann . 13. Permission to advertise RFP 2013 -71 Election Services 0 Item 13.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Members Absent: Wassermann . 14. Approval of contract with Managed Network Solutions for internet services for Brazos County. 10 Item 14.Ddf The Court awarded the contract as submitted to Managed Network Solutions for internet services. Cost to Brazos County is $400 per month. The term begins upon execution and is for a twelve (12) month period. A copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 15. Request permission to enter private property owned by David and Judy Weir located on Blue Quail Lane. Project will reshape drainage ditch to achieve proper drainage along easement. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. 10 Item 15.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters . Members Absent: Wassermann . 16. Tax Refund Applications for the following: D Item 16.odf • Edwin & Jo Marie Eyre- overpayment - $122.20 • James & Pamela Harris - overpayment - $96.75 • Doinan Kavanaugh- overpayment - $895.67 • Daniel & Janey Wood- overpayment - $30.49 • Daniel & Janet Wood- overpayment - $74.16 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters Members Absent: Wassermann . 17. Budget Amendments. Budget Amendments FY 12/13 42.1 thru 42.3 0-- Item 17.odf 42.1 Correction to General Fund and HOT Fund 42.2 Reallocate funds for County Attorney 42.3 Transfer funds from General Fund Contingency to Court Support- Criminal Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Vol.. Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley Mallard, Peters . Members Absent: Wassermann . 18. Personnel Change of Status. Personnel Action Forms 10 Item 18.pdf Delayed until after the Executive Session. The Court having addressed the Executive Session, voted to approve the Change of Status requests as submitted. A copy of the Change of Status requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Members Absent: Wassermann . 19. Payment of Claims. LD Claims Sheet.pdf 0 Addendum.pdf 7112241 through 7112477 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Members Absent: Wassermann . At this point the County Judge considered an addendum to the agenda that was possible action regarding a burn ban. The Court voted to table this item. Motion: Table , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 20. Convene into the following Executive Sessions: At this point the County Judge announced the Court would consider items 22 -26 • a. Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. At this point, the County Judge announced the court would consider items 22 through 26 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:17 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session. The following individuals were asked to stay for the first Executive Meeting (a): Joe Allen, Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel vof. - �8 .Z try. C4 L--- - -- j Irene Jett, Budget Officer Katie Conner, Auditor Ruth McLeod, Administrative Assistant The following individuals were asked to stay for the second Executive Meeting (b): Kendra Suhling, Civil Counsel Irene Jett, Budget Officer Katie Conner, Auditor Ruth McLeod, Administrative Assistant Toni Flores, Human Resources Monica Sauceda, Human Resources John McGuire, Director Community Supervision and Corrections Department 21. Consider and possible action on Executive Sessions. At 11:28 a.m. the County Judge announced the meeting open to the public. No action was taken on the first Executive Session (a). On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to create a position of Bond Supervisor, Class Code 028, Position 3, Group 21, Step 2 effective July 24, 2013. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters. Members Absent: Wassermann . 22. Acknowledgement of the Brazos County Expo FY 2013 Annual Sales and Marketing Report. tom--- Item 22.pdf The Court acknowledged receipt of the Expo Center FY 2013 Annual Sales and Marketing report. A copy of the report is attached. 23. Acknowledgement of the Proposed Brazos County Community Supervision and Corrections Department budget for the FY 2014 -2015 biennium. D Item 23.pdf The Court acknowledged receipt of the Community Supervision and Corrections Department budget for FY 2014 -2015. A copy of the budget is attached. 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 631 inmates in jail, 66 have electronic monitors and 15 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. Commissioner Mallard announced that he attended the Council of Urban Counties meeting this week. 26. Call for Citizen input and /or concerns. The County Judge reopened the call for citizen's input after meeting in Executive Session. Patrick Gendron, Attorney reported on the performance of the Juvenile Probation Officers and gave an example of one officer's work with a particular juvenile vul J 07 offender. He also suggested that the Court hire a drug counselor to work with the juveniles instead of sending them out of the county for placement. 27. Adjourn. VoL - - -�0 0� pg. 8e2 The foregoing minutes of the Commissioners Court meeting held July 23, 2013 have been examined and are approved in open Court this 1.L day of �1 ArAa A —, 2013, in Bryan, Brazos County, Texas. County Judge Commissioner, Precinct 1 y CaXena Kenny Mallar Commissioner, Precinct 2 CommissioneSPrecinct 3 Irma Cauley` Commissioner, Attest: Kare McQueen County Clerk Vol / S z Page Y'3 Brazos County ORDER PROVIDING FOR THE COLLECTION OF A HOTEL OCCUPANCY TAX WHEREAS, Chapter 352 of the Texas Tax Code authorizes Brazos County to impose a hotel occupancy tax; and, WHEREAS, the hotel occupancy tax rate in Brazos County may not exceed 2.75 percent of the price paid for a motel room if: (1) the Brazos Valley Convention and Visitors Bureau DBA Bryan- College Station Convention and Visitors Bureau, a Texas Non -Profit Corporation ( "Agency ") executes a preferred access facilities contract with Texas A &M University for the purpose of promoting tourism in the Brazos County; (2) Brazos County allocates payments to Texas A &M University, under the contract described in (1), to be used for the renovation of Kyle Field, the portion of the revenue received by the county that is derived from the application of the tax at a rate of more than two percent of the price paid for a room in a hotel; and (3) not more than 30 years have passed from the date bonds were originally issued by Texas A &M University to finance the stadium renovation project for Kyle Field; WHEREAS, Texas A &M University and Agency have entered into a preferred access facilities contract for the purposes described above; and WHEREAS, not more than 30 years have passed from the date bonds were originally issued by Texas A &M University to finance the stadium renovation project for Kyle Field; and, WHEREAS, Brazos County desires to collect the hotel occupancy tax authorized by Chapter 352 of the Texas Tax Code and to allocate payments received by the county derived from the application of the tax at a rate of more than two percent of the price paid for a room in a hotel, to Texas A &M University to be used for the renovation of Kyle Field. NOW, THEREFORE, BE IT RESOLVED THAT BRAZOS COUNTY ORDERS that a two and .75/1.00 percent county hotel occupancy tax be collected beginning September 1, 2013, in accordance with the provisions recorded below. ORDER # 13 -005 Page 1 , A. DEFINITIONS- The following words, terms, and phrases are, for the purpose of this section, except where the context clearly indicates a different meaning, defined as follows: (1) Hotel shall mean any building or buildings, trailer, or other facility, in which the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels; motels, tourist homes, houses or courts, lodging houses, inns, rooming: houses, or other buildings where rooms are famished for a consideration„ but hotel shall not be defined so as to include hospitals; sanitariums, or nursing homes. (2) Consideration shall mean the cost.of the room, sleeping, space, bed, or other facility in such hotel and shall not include the cost of any food,: served or personal services rendered to the occupant of such room not related to the cleaning and. readying of such room, sleeping space, bed 01' other facility for occupancy. (3). Occupancy shall mean the use or, possession, or the right to the use or possession of any room or rooms, sleeping space, bed, or other fability in a hotel for any purpose. (4). Occupant shall mean anyone. who, for a consideration,; uses, possesses, or has a right to use or possess any room or rooms, sleeping. space, bed, or other facility in a hotel under any lease, concession, ,permit, right.of access,.license, contract, or agreement. t B: RULES AND REGULATIONS Brazos County. shall have the power to make such rules and regulations as are necessary to. effectively collect the tax levied herein, and shall upon reasonable, notice have access to books .and . records necessary to enable him to determine the correctness of any report filed as required by this section and the amount of taxes due under the provisions of this section. Each person required to collect the. tax imposed herein: shall make those records available within 'Brazos County, upon request. C. PENALTIES Failure to File or Filing False Report (1) If any person required by the provisions of this section to collect the tax imposed herein, or make reports, as required herein; and pay to the Treasurer's Office the tax imposed herein, shall fail to collect such tax, file such report, or pay such tax, or if any such person shall file a false report; such person shall be deemed guilty'of a misdemeanor. . (2) If the owner fails to report. when required or pay the tax when due,. the owner shall pay a penalty of five percent of the amount of the tax due. If the owner fails to file the report or pay the tax before the 31st day after the date that. the report or tax payment was due, he shall pay an additional penalty of five percent of the amount of the tax due. (3) Delinquent taxes and accrued penalties draw interest at the rate of 10 percent a year beginning 60 days after the date on which the tax was due. ORDER # 13 -005 Page L Voi. (4) The county attorney may bring siut against a person who is required to collect the tax imposed by this chapter and pay the collections over to the. county and who has failed to file, a'tax report or pay the tax when due to collect the tax not paid or to enjoin the person from operating :a hotel in the county until. the tax is paid or the report, filed, as applicable, as provided by the courts order. The remedy provided. by this subsection is in addition to other available remedies. Tax Assessments If the operators of any hotel shall fail to file a report for any period as required by this sections, or shall fail to pay the tax for any period as' requiied-by 'this section, then the treasurer is hereby authorized to make an assessment of the tax for such period. The tax assessed, together with any penalties provided by this section, shall be a prior and superior lien on all propertyof the hotel. D. 'USE OF REVENUE UP TO 2.0 per cent , (1) The commissioners court by contract may delegate to a person, including another government4 entity or a private organization, the management or, supervision of programs . and activities funded . with revenue from the tax (2) The county shall create an advisory committee of seven members to oversee spending of the tax. The committee shall include at least two representatives from the hotel industry. E. USE OF REVENUE Above 2.0 per cent The County shall, in accordance with the terms and conditions of an interlocal. agreement entered into between the County and Texas A&M University', allocate payments to Texas A &M University to be used for the renovation of Kyle Field. F. EFFECTIVE DATE and EXPIRATION DATE This ORDER, shall be and become effective on and after September 1, 201.3 and shall continue under the terms and conditions of the statute authorizing it. Adopted this 23rd day.of July, 2013. Duane Peters County Judge ATTEST: Karen.McQueen, County Clerk ORDER #13 -005 Page 3 Vol._ /8";? Y, Interlocal Agreement Texas A &M University ( "Texas A &M "), a member of The Texas A &M University System (the "System "), and Brazos County, Texas, enter into this Agreement effective (the 'Effective Date"). The parties agree as follows: 1. Purpose. Texas A &M and Brazos County enter into this Agreement to secure for the Bryan /College Station Convention and Visitors' Bureau ( "CVB "), on behalf of Brazos County, preferred access to certain Texas A &M facilities at preferred rates for the purpose of promoting tourism and the convention and hotel industry in Brazos County. Both parties recognize that the payment received by Texas A&M from Brazos County pursuant to this Agreement will be used to fund the renovation of Texas A &M's Kyle Field, a stadium located within Brazos County and owned by Texas A &M. 2. Definitions. For purposes of this Agreement, the following definitions apply: 2.1 "Hotel Occupancy Tax" means the portion of the hotel occupancy tax imposed by Brazos County that is 0.75% of the price paid for a room in a hotel, as authorized under Texas Tax Code Section 352.003, as amended by the 83rd Texas Legislature. 2.2 "Hotel Occupancy Tax Revenue" means the portion of the hotel occupancy tax collected by Brazos County that is derived from the Hotel Occupancy Tax. 2.3 "Quarter" means a three -month period ending on March 31, June 30, September 30, or December 31, or any stub period at the commencement or termination of this Agreement. 2.4 "Revenue Financing System" means The Texas A &M University System Revenue Financing System. 3. Preferred Facility Access and Kyle Field Renovations. 4.1 Contemporaneously with the execution of this Agreement, Texas A &M shall enter into the Preferred Facilities Access Agreement with CVB, providing for preferred access to certain Texas A&M facilities at preferred rates for the purpose of promoting tourism and the convention and hotel industry in Brazos County. 4.2 Texas A &M shall use the funds it receives under this Agreement to renovate Kyle Field and increase seating capacity significantly, and shall administer the renovation in a manner that maintains home games at Kyle Field during construction; provided that the parties acknowledge and agree that home games against the University of Arkansas will be played at Cowboys Stadium in Arlington, Texas until the expiration of the current agreement among Texas A &M, University of Arkansas and the Dallas Cowboys. 4. Hotel Occupancy Tax Revenue. Brazos County shall pay Texas A&M, no later than 30 days after Brazos County's receipt of the Hotel Occupancy Tax Revenue for each Quarter, an amount equal to the Hotel Occupancy Tax Revenue collected for such Quarter. Brazos i7 Vol . 8 1 9._7_ I _� County shall submit to Texas A &M, no later than 30 days after Brazos County's receipt of the Hotel Occupancy Tax Revenue for each Quarter, a report of the total Hotel Occupancy Tax Revenue for such Quarter. 5. Term. 6.1 This Agreement commences on the Effective Date and terminates on the 30th anniversary of the date that the System issues its first series of bonds to finance the renovation of Kyle Field, provided that the System issues such bonds no later than 24 months after the Effective Date. If System fails to issue such bonds within 24 months after the Effective Date then this Agreement will terminate on the 30th anniversary of the Effective Date. 6.2 All payment obligations accruing before the termination of this Agreement will survive the termination of this Agreement. 6. Dispute Resolution. Brazos County shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for breach of contract made by Brazos County that cannot be resolved in the ordinary course of business. Brazos County shall submit written notice of a claim of breach of contract under this chapter to the President of Texas A &M, who shall examine Brazos Count/,s claim and any counterclaim and negotiate with Brazos County in an effort to resolve the claim. General Provisions. 8.1 Each parry shall excuse any breach of this Agreement by another which is proximately caused by government regulation, other regulatory authority, war, strike, act of God, or other similar circumstance normally outside the control of well- managed businesses, provided that the breaching party makes diligent efforts to expeditiously remedy the breach and such continued performance does not violate state law or a court order. 8.2 Any notices required or permitted under this Agreement will be deemed given (a) three business days after it is sent by certified or registered mail, return receipt requested, (b) the next business day after it is sent by overnight carrier, (c) on the date sent by facsimile or email transmission with confirmation of transmission and receipt, if sent during the recipient's normal business hours and if not, on the next business day, or (d) on the date of delivery if delivered personally, and in each case, addressed to the intended recipient at the address below or such other address as the intended recipient may specify in writing: (a) Texas A &M University Attn: President, Texas A&M University Rudder Tower, 8th Floor College Station, TX 77843 -1181 Phone: 979-862-7777 Fax: 979-862-7778 Email: president @tamu.edu (b) Brazos County, Texas d 1 Vol- �� ('g.O _ 1 Attn: Brazos County Treasurer 200 South Texas Ave., Suite 240 Bryan, Texas 77803Phone: (979) 361 -4345 Email: Idavis @co.brazos.bLus 8.3 The substantive laws of the State of Texas (and not its conflicts of law principles) govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates. 8.4 This Agreement does not create a partnership or joint venture between the parties and no party may obligate or bind the others in any manner. 8.5 Any pecuniary obligation of Texas A &M (or the System) arising hereunder is subject to the prior lien and pledge securing the obligations issued pursuant to the Revenue Financing System. 8.6 This Agreement, with the rights and privileges it creates, is assignable only with the written consent of all of the parties. 8.7 Each provision of this Agreement is severable. If any provision is rendered invalid or unenforceable by statute or regulations or declared null and void by any court of competent jurisdiction, the remaining provisions will remain in full force and effect if the essential terms of this Agreement remain valid, legal, and enforceable. 8.8 This Agreement contains the entire understanding of the parties with respect to the matters contained in this Agreement, and supersedes all other written and oral agreements between the parties as to those matters. The parties may execute other contracts, but those will not change or alter this Agreement unless expressly stated in writing. 8.9 This Agreement may be signed in counterparts each one of which is considered an original but all of which constitute a single instrument. The parties have executed this Agreement on the date(s) written below. Texas A&M University s Count By: By � .. `w\ Name: Nam Title: Title: [our I ol. Pg.- CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Detention Services Se]rtember 1 2013 - August 31,201 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative ( hereinafter "Juvenile Probation ") and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Victoria County Juvenile Justice Center ( hereinafter "the Facility") by the Victoria County Juvenile' Services Department ( hereinafter "Service Provider ") pursuant to license granted by the Texas Juvenile Justice Department and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre -trial and pre- dispositional status or in the post - dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at 97 Foster Field Dr, Victoria, Texas 77904. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2013 - August 31, 2014. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside Vol. / �'� Pg. 6 Victoria County Juvenile Justice Center Detention Services Agreement September 1, 2013— August 31, 2014 the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and /or hospitalization outside the Facility ( "Outside Treatment ") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment with twenty-four (24) hours of its occurrence. C. Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re- admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by space availability. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non - offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event no longer than four (4) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre - adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial 2V�C)I Victoria county Juvenile Justice Center Detention Scmiecs Agreement September I, 2013— August 31, 2014 detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of the new Order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of the Brazos County. J. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. K. Service Provider shall provide twenty (24) hour supervision for each child, including awake staff during sleeping hours in a Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI -2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI -2 shall then be promptly provided to Juvenile Probation of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 per day for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Psychological services will be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. 4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if a i Victoris County Juvenile Justice Center Detention Services Agreement. September 1, A13— .August 31, 2014 appropriate,,date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile,Probation in ord'erto monitor Service Provider for financiatcompliance with this Agreement. Invoices subn itted.by Service Provider in proper form shall be paid by Juvenile Probation in'a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation. under this contract: Service Provider, shall account separately for state funds receive Accounting and expended utilizing :,the °foll'owing.GeneraIly Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and ezpenditure:of State funds. Service Provider,shall forward a.copy of the annual outside audit to Juvenile Probation by Marchl, following the end:of the fiscal year. 2. If Service Providerdoes'not obtain an annual outside audit, then Service Provider shall provide a,separate accounting of funds received. from Juvenile Probation in whole or in part paid from.state funds. The accounting shall clearly, -list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well ash the year's tax forms and documentation; The accounting shall be provided to Juvenile Probation thirty (30) day's prior to the renewal date of the contract. 4.0,5 Itis understood and agreed by Service Provider that this Agreement is funded in whole or in. part with grantor sta..W funds and shall be subject to termination without. penalty, either in whole or;inpart, if funds are notavailable or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes:to Juvenile Probations Fiscal Officer.. Service Provider will not contact other department employees regarding any claims of payment. 4.07' - Service Provider will provide, certification of eligibility to receive State funds as required,by Texas:-Family Code Sectigri 231.006. 4.08 Except to, the extent that .a'party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to, resolve any,disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute:cannot be resolved by negotiation, the dispute shall besubmitted,to mediation before the parties resort to arbitration or litigation. The parties;,shaff choose a mutually acceptable mediator to mediate'the dispute, And the parties shall pay the costs of mediation.services equally. ARTICLE V ADDITIONAL TERMS &AGREEMENTS 5.01 Prior to'traniporting a child to, the Facility for placement in Secure Short-Term Detention, Juvenile.Probation shall call the Facility to ensure. that space is available. Placement of children by authorized officers of-Juvenile Probation may be denied ;if space limitations require as determined by the,F..acilty. 5.02 A child will only be aceepted:in the Facility upon, receipt by the Facility Administrator of a proper order/ authorization from;the Juvenile Court of Brazos County. 4 Victoria County Juvenile. Justice Center Detention Services Agreement September 1.2013— August 31, 2014 ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services, provided under.the terms of this agreement and/or to review its record.. periodically. This. examination and evaluation of the program mayinclude site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed,necessary. 6.02 , Service Provider shall provide to juvenile Probation such descriptive inforrhationon contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6,04 Service Provider will keep a record of all services provided to juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services, furnished as may be requested by juvenile Probation. Service Provider wijl'maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contractacts as acceptance of the authorityy 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 the Contractor:and the requirement to cooperate is included in any subcontract it awards." ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juven''ile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement; or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01. Allegations Occurring Inside the Facility. As required by Texas Family-Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor. provisions, Service. Provider, and any of its employees, interns, volunteers or contractors, shall. report any allegatiomor incident of abuse, neglect, exploitation, death or other serious incident involving a child in.a juvenile justice facility or juvenile justice program in the following manner: A. For all. allegations and incidents except sexual abuse and serious physical.abuse: within twenty- fmir(24) hours from the time the allegation is made, to the following: 5 VOL Victoria County Juvenile Justice Center Detention Services Agreement September I, 2013— August 31, 2014 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number 979- 823 -4211 and Service Provider shall contact Juvenile Probation by telephone at979- 823 -3544 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll - free 1- 877 - 786 -7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1- 512 -424 -6717 or by email; and 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number 9798234211. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. Pg 73il Vieloria County Juvenile Justice Center Detention Service - Agreement September 1, 2013— August 3.1, 2014 C. Sexual abuse is condjctcommitted by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non- confact. D. Serious physical abuse is bodily barn! or condition that resulted directly or indirectly front the conductthat formed the basis. of an.allegation of'abuse,'neglect.or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant; licensed nurse practitioneremergency medical technician;' paramedic or denta'1. B. A juvenile justice: facility is a- facility, including its premises and affiliated sites, whether contiguous or detached, pperated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juverdle board.or governmental unit that serves juveniles under juvenile court jurisdiction. The term 'includes: a public or private juvenile post = adjudication secure correctional facility, required to be certified in accordance with. the Texas Family Code; and a public or private no juvenile post - adjudication residential treatment facility housing' juveniles under juvenilecourt jurisdiction.. F. A juvenile justice program is a program or department operated wholly or partly by the governing; board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education. program and a non- residential program that serves Juvenile offenders while under the jurisdiction of the juvenile court or juvenile board.jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and,all'of its employees, interns, volunteers:or contractors providing services in a juvenile justice facility or juvenile justice program'-that may Save direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history .fingerprint- based'criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau-of lnvestigation.fingerprint -based criminal history background search at the National' Crime3nfoimation Center; intemet -based searches shall not be used to conduct this background search. 9.03 A copy -of, the initial criminal history report required by this Agreement and any reports' reflecting subsequent criminal activity shall be maintained,for monitoring purposes for whichever of the following occurs later: duration of the indiyidua.Ys employment or period of service minimum of.three.(3) years; or until any, pending litigation, claim, auditor review and all questions arising there from have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following- 7 Vol . �� Pg. _76_. Victoria County Juvenile. Justice Center Detention: Services. Agreement September I P201 3.1, 2014 A. A felony conviction against the laws of this state, another state, or the United.States within the past ten-10) years;: B. A deferred adjudication: for a felony against the, aws of this -state, another state, or the United States within the past ten (10) years; C. A current,felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable.misdemeanoragainst the laws of this state, another state, or the United'States within the.past five(5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The ;requirement to..register as a sex offender under Chapter' 62 of the Texas Code of Crimirfal.Procedure'! 9._05 In addition to the criteria and time frames set forth in the'above definition of disqualifying criminal history, an indtvtdual.must not have direct unsupervised access to children in.a facility or program until at.least one year has elapsed,since the completion of any period of incarceration, community supervision, or parole. 9.06. Any of Service Provider's employees, interns, volunteers or coniractors'with a disqualifying criminal history shall be prohibited.from having direct unsupervised access to children in.a juvenile justice: facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion; to prohibit any individual with,a prior criminal history :from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION. 10.01 Service Provider warrantsaat, prior to entering this contract,:it has verified and disclosed the following information to'Jiivenile Probation, and agrees that it•shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation:. A. Any and all corrective action,required by any of Service Providei s licensing authotities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors,. agents and /or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of Service Provider that has direct contact with children;: D. Any finding• of "Reason to Believe" by a. state regulatory agency in a child abuse, neglect and exploitation.investigation where an employee, intern, volunteer, subcontractor, agent 8 Vol. pg. Victoria Coarrity Juvenile Justice Center Detention Services Agicenkent • September 1.20Q- August 31,2014. and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; 'E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/,orconsultants that have direct contact with children.that arezegistered sex offenders; and R. The -identity-of any of Service Provider's employees, interns,. volunteers, subcontractors, agents and/or consultants1hat have direct contact with cbildren.that have;a,cruninal history. For the purpose of, this Agreement, the term "criminal history' shall include:! (1) current felony or misdemeanor probation or parole; (2) a felony conviction or- deferred adjudication within in the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within th.e.'past five years. G. The identity of any of Service-Providerl�s employees, interns, volunteers, subcontractors, agents and/or consultants. that have direct,unsupervised.tontact:wlth.childr.ert.iii a juvenile u ticefacility. or juvenile justice program that have . a disqualifying criminal history. s 10.02. Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to. Juvenile Piabation-any and all of the foregoing.information as to any individual, th wheer a prospective or eXisting.employee; intern, Volunteer, . subcontractor,,, agent and/or consultant of the Service Provider, prior to placing that individual in a position thatlinvolves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program, ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all childremand their parents. It will not unlaWfullydiscrirninate against employee, prospective. employee, child, childcare provider, or . parent on the:basis of race, sex,religion, disability ormational origin. Service Provider shaltabide by all applicable federal, state and local laws and regulations. ARTICLEXH ASSIGNMENT & SUBCONTRACT 12.61 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without,the written consent,of Juvenile Probation. ARTICLE Xl1l OFFICIALS NOT TO BENEFIT 1101 No officer, employee or agent 9f.juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with ibis/her personal interest or have any personal or pecuniary, interest, direct or indirect, in this Agreement or the proceeds thereof. 9 Pg. Victoria County Juvenile Justice Center Detention Services Agreement September 1,, 2013— August 31, 2014 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 if deems appropriate, in any one of following circumstances: A. If'Service Provider fails to perform the work.called for `by this Agreement within the time specified heiein or any extension thereof; or B. If Service Provider fails to perform any of. the other material' provisions of this Agreement, including failure to achieve. the defined goals; outcomes; 'and outputs; or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period often (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or 'N. Upon expenditure of available funds. 15.02 If at anytime. during the�term of this agreement.Juvenile Probation, in its sole.discretion, determines that the safety of children being served under this,Agreement may be.in jeopardy, Juvenile Probation may immediately suspend the: effect ofthis Agreement, including but not limited to the obligation to.. pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation.to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile.Probation. Service Provider. also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following:; A. That it has all necessary right, title, license and.authority to enter into this Agreement; 13, That it is qualified to do business in the State of Texas; that it'hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that itis'in compliance with alLStatufory and regulatory:requirements for the.operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria.or any political subdivision thereof; C. Victoria County will maintain in force policies of :general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing 10 Vol. _ / 8.� pg. %u Victoria County Juvenile Justice Center Detention Services Agreement September 1, 2013— August 31 20.14 limits of $100,000 per occurrence and $$00,000 aggregate. Certificate of Liability Insurance shall be furl» shed iaJuvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status. of the insurance policy and shall promptly furnish updated certificates of insurance to.Juvenile. Probation. D. That all of its employees, interns, volunteers; subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the. requirements of Texas Family Code Chapter 261. and any applicable Texas'Juvenfle Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and /or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any 'and, all of its. offices/ facilities, both the English and Spanish language versions of the following'official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation' and Notice to Employees Regarding Abuse;. Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas, ARTICLE XIX VENUE 19.01 Exclusive venue for. any, litigation arising from this Agreement shall be in Victoria County; Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 Incase anyone or more of the provisions. contained in this Agreement shall for any reason. be held to be invalid, illegal; or unenforceable in any respect, such: invalidity, illegality; or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as.if such invalid, illegal or unenforceable provision;had never been contained therein. ARTICLE XXI PRIOR.AGREEMENfS SUPERSEDED. 21.01 This Agreement constitutes. the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agteemenf between the parties respecting the within subject matter. This Contract and Agreement.is executed with the declared intention, of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction 11 Vol. _�O evS Pg. O0 Victoria County Juvenile justice Center Deterition:Scmices Agreement September 1, 2013- August 31, 2014 ARTICLE XXII 'PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall 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 obligatipns 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, Service Provider shall make available to: the CPO all incident -based aggregated data reports for every allegation of sexual abuse at facility or facilities, 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,(t)J EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. ` IN WITNESS WHEREOF, we hereunto affix our signature this : day of .201 Brazos County. Probation Department V V Chief JuvenflaYrobation Officer' Victoria County. Juvenile justice Center 'Don R. Pozzi, County Judge Brazos my Stephen Williams airman; Juvenile Board Authorized Official 12 CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDENTIAL SERVICE OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Residential Services September 1, 2013 - August 31, 2014 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative (hereinafter, "Juvenile Probation ") and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning residential care services provided at the Victoria County Juvenile Justice Center (hereinafter "the Facility") by the Victoria County Juvenile Services Department (hereinafter, "Service Provider ") pursuant to license granted by the Texas Juvenile Justice Department, and /or any other appropriate State agency with licensure or regulatory authority over the facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The Facility to be utilized is operated by Service Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2013 - August 31, 2014. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III SERVICES 3.01 The two level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Justice Department. Service Provider will provide the following level of care services: Vol, ' o7 ''g, fcaZ Victoria County Juvenile Justice Center Residential Services Agreement September I, 2013 — August 31, 2014 A. Basic Level of Care consists of a structured, supportive residential setting that is designed to maintain or improve the child's functioning. It includes routine guidance and supervision to ensure the child's safety, involvement in age- appropriate structured activities, rehabilitative services and guidance from professionals or paraprofessionals to help the child attain or maintain functioning appropriate to the child's age and development. Basic Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. All Secure Post - adjudications facilities that are registered with the Texas juvenile justice Department and certified by the local juvenile board qualify for the daily rate listed above. B. Specialized Level of Care consists of a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the child's functioning. These services reflect a full range of social, psychosocial, and rehabilitative interventions and may include, but are not limited to, substance abuse services, sex offender treatment, special populations, mental health services and services for pregnant females. Specialized programming is developed and implemented by appropriately credentialed professionals. The provision of individual, group and family therapy and other therapeutic interventions and programs, are managed and administered by appropriately licensed mental health professionals (e.g., psychiatrists, psychologists, therapists, counselors or paraprofessional staff under the direct supervision of professional therapists or counselors). Review of a child's continued need for specialized services shall be conducted at least every 90 days by an appropriate mental health professional and/or treatment team. Specialized Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. Secure Post - adjudications facilities that are registered with the Texas Juvenile Justice Department (TJJD) and certified by the local juvenile board may qualify for this higher level of funding by submitting an application to TJJD for approval. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, and room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shall be submitted to Juvenile Probation within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. Juvenile Probation and parents will be informed 2 Fig, Victoria County Juvenile Justice Center Residential Services Agreement September I, 2013 — August 31, 2014 immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation a written Individualized Treatment /Case Plan developed in concert with the child and mutually agreed upon by the appropriate Service Provider staff and Juvenile Probation within thirty (30) days of placement. Said Individualized Treatment /Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Treatment /Case Plan with the child and the assigned Service Provider staff at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment /Case Plan shall contain the reasons why the placement may benefit the child; shall specify behavioral goals and objectives being sought for each child; shall state how the goals and objectives are to be achieved in the placement; and shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Treatment /Case Plan and the periodic reviews. H. Provide Juvenile Probation with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of children in program successfully achieving set educational goals, percentage of children achieving set vocational goals, percentage of children achieving set social skills goals, percentage of youth demonstrating overall progress, and number and type of investigations made by the 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 and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation, Medicaid or health insurance. However in no case shall a child be denied any needed medical/ psychiatric treatment or clothing due to the inability to pay. i Victoria County Juvenile Justice Center Residential Services Agreement September 1, 2013 - .August 31, 2014 ARTICLE IV EVALUATION CRITERIA 4:01 The performance of Service Provider in:achieving the goals of Juvenile Probation will be evaluated on the basis. of the output-and outcome measures contained:in.this section. Juvenile Probst ion, 'at its discretion; may, use other means or additional measures to evaluate the performance of Service Provider:in fulfill ing the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to thef. 61lowing 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 ehildrin:inove down in their Level of.:Care as they progress in the treatmentprograni. 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 Tesidential.,placement successfully. 3.. The total number of re- referrals of children discharged from placements within sox (6) ,months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before:a child moves. down in the Level of Care. C. Juvenile Probation shall further evaluate Service_ Provider by the following outcome measures: 1. Percentage of children in residential placement.who will complete their placement as: a successful discharge. 2. Percentage.of children who have completed their placement and not re- referrals withinis x (6) months after release. 3. Percentage of children.who move down in their Level of Care. Notwithstanding. the foregoing criteria.fonevaluation, nothing herein shall be.construed as a guaranty of outcome or performance by any child. 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.. .4 Vol v. Victoria County Juvenile Justice :Center Residential Services Agreement September I, 2013 — August 31'. 2014 .ARTICLE V COMPENSATION 5.01 For and in. consideration of the'above- mentioned services, Juvenile Probation. agrees to pay the Service' Provider the sum of $98;00 per day for each child whether male or female, admitted urider "Basic" Level of Care, $140.00 per day for each child admitted under "Specialized" Level of Care., The Levels of Care are defined by the Texas Juvenile. Justice Department.. The daily'rate'shall be paid to the Service Provider for each day a child is in residential treatment pursuant to Billing and paying procedures agreed upon by Juvenile Probation andService Provider. The Female Offender and Pregnant Offender Programs are recognized as a Specialized Treatment program and payment for the -same shall be at the Specialized Level Care rate set forth above. Payment is due within 30 Akys of receipt of billing and shall be.mail'ed to: Victoria County. Juvenile Justice Center. 97 Foster Field Dr. Victoria, Texas 77904 ATT: Pama Hencerling, Chief JPO 5.02 Psychiatric services will be provided to the child on an as needed. basis and shall be billed to Juvenile Probation..An initial psychiatric /psychological evaluation.that has been conducted within the last 12 months is required prior to acceptance into the program. 5.03 Service Provider will submiban invoice for payment of services to Juvenile Probation on a monthly basis Said invoice.shall be submitted with ten (10) working days following the end of the.invoiced month and shall include information deemed necessary for Adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered,:total daily cost and total monthly cost. Each invoice received for paymentwill be reviewed by Juvenile Probation in.order to monitor Service' Provider for: financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner., 5.04 Juvenile Probation shall be responsible for all of the juvenile's medical expenses, And Juvenile Probation agrees to indemnify and hold the Service Provider, Its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for'medical expenses. If an emergency examination,.EMS treatment, health care treatment, and'' /'or hospitalization outside the Facility (hereinafter, "Outside Treatment ") is required for a child placed in the Facility,.the Administrator of -the Facility (hereinafter, "the Administrator') is authorized to secure the Outside Treatment.at the expense of Juvenile Probation. The Administrator shall notify Juvenile'Probation of Outside Treatment within twenty-four (24) hours of its occurrence. Juvenile. Probation shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post- Adjudication Program Juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. In all other medical situations, the Service Provider is authorized, but not required; to make arrangements with vendors, at Juvenile Probation's request, for .the provision of medical treatment at the expense of Juvenile Probation, If the Service Provider makes such arrangement, the Service Provider is authorized, but not required, to:seek coverage or reimbursement of expenses from all sources, including but not limited to, _Medicaid, Social Security, medical insurance coverage, or contributions from parents or others and deducted from the invoice submitted to Juvenile S Vol. Victoria County Juvenile Justice Center Residential Services Agreement. September 1, 2013,— Augusl31, 2014 Probation: Documentation. must include the name(s):andSID.numbers of the parties receiving the services, the dates and time services were, provided and such other information deemed necessary for adequate fiscal control. In any event, responsibility for payment to vendors or .reimbursement to Service Provider is the ultimate responsibility of Juvenile Probation. Service .Provider will invoice Juvenile Probation for any non - reimbursed funds advanced by the Service Provider, and the Juvenile Probation will remit to the Service Provider, within 30 days. of invoice, Nil and final.payment. 5.05 - Service Provider shall account separately for: the receiptaand expenditure of any and.all state funds received from Juvehile:Probation under this Contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices ((;AAP): 1. Service.Provider has: an,outside audit.completed on a yearly basis which specifies :receipt and expenditure of State funds. Service. Provider shall forward a copy of the annual outside audit to.Juvenile Probation by March 1 following'the'end of the fiscal year. .2. If Service Provider does not obtain an annual outside audit then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting.shall clearly list the state funds received from Juvenile Probation and account:for expenditures of said funds including documentation of,appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided. to Juvenile Probation thirty (30) days prior to, the renewal date of the contract. 5.06 It is understood.and agreed by Service Provider that this Agreement is funded.in.whole or in part with grant or state funds and'shall be subject to termination without penalty,.either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this Contract, the new rates will.become effective reflecting those of the increase. 5.68 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not.contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive state funds as required by Texas Family Code Section 23.1.006. 5.10 Except to the extent that a party to this'Agreement seeks emergency judicial relief, the parties .agree to negotiate in good faith in an effort to resolve any disputes.related to this contract that may arise, no matter when the. dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a. acceptable mediator to mediate the dispute, and the parties shall pay the costs, mediation services equally. ARTICLE VI ADDMONAL TERMS & AGREEMENTS. 6.01 Prior to transporting a.child to the Facility for placement Juvenile Probation shall call the.Facility to ensure that space is available. Placement:of.'children by Juvenile Probation maybe denied if space limitations require as determined by the Facility. 6 �.Z pg. gyp' Victoria County Juvenile Justice Center Residential Services Agreement September, 1. 2013 August 31, 2014 6.02 A. child will only be accepted in the Facility upon receipt by the Administrator of a proper order from the Juvenile,Court of Brazos County and other documentation required by Service Provider, 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fined and. determined by tie Administrator and staff of the Facility. 6.04 'If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the. sole-judgment of the Administrator, mentally or physically unfit; dangerous, or unmanageablepunsuitable for the program or combination of such conditions or characteristics or whose mental or.physical conduct would or'inight endanger the other occupants of the Facility,: then;the Administrator shah notify. Juvenile Probation. of.Brazos, County of.this determination. It will be the responsibility of Juvenile Probation to provide for the transportation: for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, cr.'eed, sex or national origin. 6.06 It is understood and agreed:by the parties that children placed in. the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation igin Department that orally authorized the placement of the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility maybe released to the JuvenileProbation or.other appropriate authority. of Brazos County pursuant to: (a) Section 6.04 of this Contractor, (b) an Order of Release signed by the Judge of the Juvenile Court of Brazos County. It is further understood and agreed -by the parties that nothing in this contra. ct shall be construed to permit Brazos Count) "Its agents; servants, or employees in any way to manage, control, director instruct Service Provider, its director, officers,. employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the: Facility. However, it.is.also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the.right to terminate the child's placementwith Service Provider at its discretion. Service Provider must not release a child to any person or agency other than Juvenile Probation without the, written consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit Jiivemle:Probation to examine and evaluate its program of services provided under the terms of this agreementand /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to juvenile Probation'such. descriptive.information contracted 7 vol, .._/4 _ pg. iO 1 {V Victoria County Juvenile Justice Center Residential Services Agreement Sepiember _ I, 2013 — August 31, 2014 children as requested orn formsprovided by Juvenile Probation. 7.03 For purpose of evaluation, inspection,; auditing or reproduction;Service Provider agrees to maintain and make availabl'e,to authorized representatives of the State of Texas or juvenile Probation any and all 'books; documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep.a record of all services provided to Juvenile Probation under this agreement; and upon.reasonable notice will provide'information, records, papers, reports, and other documents regarding services furnished as: may be:requested by Juvenile Probation. Service' Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor (aka "Service Provider ") understands that acceptance of funds under this contract acts as acceptance of ;the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation. 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, t to audit funds received indirectly by subcontractors through the contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE: VIII CONFIDENTIML OF RECORDS 8.01 Service Provider shall maintain, strict confidentiality of all:information and records relating to children involved in Juvenile Probation; and shall not re,disclose the,information except as required to perform the services to be provided pursuant to this Contract; or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01. Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative. Code Chapter 358, or successor provisions, Service Provider, and any of its employees; interns; volunteers or contractors, shall 'report any allegation,or incident of abuse, neglect, exploitation, death or other serious incident invol'vi;ig a juvenile in a juvenile justice facility or juvenile justice program in the following. manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512 - 424 -6717 (or if.unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment:discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported inc dentshall be submitted to the Texas juvenile - justice Department within 24'hours'of receipt; and 8 FO, Victoria County Juvenile Justice Center Residential Services Agreement September 1,.2013 — August 31, 2014 3. With" respectto juveniles placed by Brazos County Juvenile Probation Department; the:TJJD`lncident Report Form shall also be sent to Brazos County Juvenile Probation Department within 24 hours atfacsimile number 979- 823 -4211. B. For allegations and incidents of sexualabuse or serious physical abuse: 1. Local law enforcement agency.imm_ ediately, but:no laterthan..one (1).hour from the time a persongains knowledge of or suspects the-alleged serious physical abuse or sexual abuse. The initial report'shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time A, person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall. be made.byphone. by calling toll -free: 1- 877-'786 =7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be,submitted by facsimile number 1 -512- 4246717 or by email; and 3,. With respect to, children placed by Brazos County. Juvenile Probation Department, the TJJD Incident Report Form shall also be sent to Brazos County Juvenile Probation Department.within 24 hours at facsimile number 979-823 - 4211. 9.02 Allegations Occurring Outside the Facility. Any person who, witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable be lief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a child, bpi that is not alleged t`o involve an employee, intern, Volunteer, contractor, or service provider of a program or.. facility,shall be immediately reported to law enforcement or to other appropriate governmental unites required in Texas Family Code Chapter 261. 9.03 As used'within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or 'an alleged abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile, justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth- on-youth. physical assault or youth sexual conduct: C. Sexual abuse is conduct committed by any person against a child that includes sexual abuse by contact or sexual abuse by non-contact. D. Serious physical abuse is bodily harm'or condition.that resulted directly or indirectly from the conduct that, formed 'the basis of an allegation of abuse,:neglector exploitation,4f the ily bod harm or:condition requires medical treatment by a.ph'ysician,. physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental, E: A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by:A- private vendor under a contract with the governing board, juvenile board or governmental unit that serves children under juvenile court jurisdiction. The term includes: a, public or private juvenile post- adjudication secure' correctional facility 9 VOL pg, 116 Victoria County Juvenile Justice Canter Residential Services:Agmement 'September 1, 2013 - August 31,, 201:4 required to be certified in accordance with the Texas Family Code; and a public or private non- secure.juvenile post adjudication residential treatment facility housing children under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly.or partly by the governing board, juvenile board or by 'a private vendor under contract. with the governing board or juvenile.board that serves children under juvenile court jurisdiction or juvenile board jurisdiction The term includes a juvenile justice - alternative education program and a non- residential program that servesjuvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE X CRIMINAL HISTORY MARCHES 10.0.1 Criminal history searches shall be conducted by Service Provider +for any and all of its employees, interns, volunteers or contractors providing services in a "juvenile justice. facility or juvenile.justice Program, that may have direct unsupervised access to children in :the facility or program. 10.02 Criminal history searches, shall include the following: A. 'Texas criminal history fingerprint -based criminal history background search through the Texas Department of -Public Safety. B, Local law enforcement sex offender registration records check through the Public Sex Offender Registry "on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint - based criminal history background search at the National Crime Information Center; intemet- based. searches shall not be used to conduct this background.search., 10.03 A copy of the initial criminal-history report required by this Agreement and any reports reflecting subsequent criminal "activityshall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three(3) years; or until, any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 10.04 As used within this Agreement, a disqualifying criminal history is a history that includes anyone of the following:: A. A felo..ny conviction against the laws of this state, anotherstate, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the, past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable.misdemeonor conviction against the laws of this state, another state,. or the United States within the past five (5)' years, E. A deferred adjudication for a jailable misdemeanor against the laws. of this state, another state,. or the United'States within:the past five (5) years; 10 Vol: Victoria County Juvenile Justice Center Residential Services Agreement September 1, 2013 — August 31, 2014 F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 10.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 10.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 10.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE XI DISCLOSURE OF INFORMATION 11.01 Service Provider warrants that, prior to entering this Contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and / or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and /or exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Providers employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. t l Vim' �� Pc, ��� Victoria County Juvenile Justice Center Residential Services Agreement September I, 2013 — August 31, 2014 G. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/ or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 11.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XII EQUAL OPPORTUNITY 12.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against 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 XIII ASSIGNMENT & SUBCONTRACT 13.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. ARTICLE XIV OFFICIALS NOT TO BENEFIT 14.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate 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 XV DEFAULT 15.01 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 12 Vni- ray /l3 I Victoria County Juvenile Justice Center Residential Services Agreement September 1, 2013— August 31, 2014 ARTICLE XVI TERMINATION 16.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of'the:intention to terminate; or B. • Upon expenditure of available funds. 16.02 If at'any time during the term of this agreement Juvenile.Probation; in its sole discretion,, determines that the safety of children. being served under this Agreement 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.Providen ARTICLE XVII WAIVER OF SUBROGATION 17.01 Service Providet 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 walves.any tights it Wray have to inde#mification from Juvenile Probation. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A., That it has. all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to, provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to, the State of Texas, the County of Victoria or any political subdivision thereof, C. Victoria, County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile. Probation shall be notified immediately'upofi any changes in the - status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse,.exploitation; neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with thesequirements.of -exas FamilyCode Chapter 261 and any applicable Texas Juvenile Justice Department administrative. rules regarding, abuse, neglect, exploitation, death or serious incidents; and that, if it has'employees;. interns, volunteers, subcontractors; 'agents and/or consultants that have contactwitlichildTen in a juvenile justice facility or juvenile justice program, then. it shall prominently.post'in all public and staff 13 Vol. Pg. ¢ -1 �a Vittorio .County Juvenile- Jusfice Ctnitr Residentid S.Mices'Agreement September I, 2013 = August: 31,.2014 areas of any andill;of its-offices /facilities, both the English and Spanish language versions of the following official notice forms: that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, 9Jeglectand Exploitation and. Notice to Employees. Regarding Abuse, Neglect and Exploitation. ARTICLE XIV TEXAS LAW TO APPLY. 19.01, This Agreement.shalt be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder, are performable in Victoria County, Texas. .ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any One or snore of the provisions contained. in' this Agreement shall for any reason be held to be invalid, illegal,.orunenforceabledn 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 XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes: the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting, the within subject matter, This Contract and is executed with the d"edareddritention of the parties that this Contract and Agreement; is a contract. providing for the,cafe of children who have.committed.an. act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile: Probation for the children placed in the Facility by.the Judge of Brazos County having juvenile jurisdiction, ARTICLE XXIH PRISON RAPE ELIMINATION ACT 23.01 Service: Provider shall comply with all federal, state, county; and city l'aws,: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 of2003 (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.housirig Adultand, juvenile Offenders. F-17 �e — Pg - 1/ 14 _ J Vicioris Coon ,ty4p enile Justice Center 'Residential Semices.Agreement September 1, 2013— August 31,2014, Under: PREA,,ServiceYrovider shall :make available to the CPO all incident - based aggregated data reports for every allegation.of sexual abuse at its facility or facilities; and all such data may tie: requested. by the Department of justice . from the previous calendar year no later than June 30 [PREA §115.387(e) and (f)] EXECUTED IN DUPLICATE, EACH OF WHICKSHALL -HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, IN WITNE55 WHEREOF, we here unto affix our signature this day of 201 Brazos County Victoria. County Juvenile Justice Center Pro Depa', ent Chief juvenibe Probation Officer Don R. Pozzi, County Judge. Bra . unty , Stephen Williams irman of the Juvenile Board Authorized Official 15 Vol. /�. Pg 06 STATE OF TEXAS § COUNTY OF HAYS § CONTRACT AND AGREEMENT FOR SECURE LONG -TERM AND SHORT -TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD and the County of BRAZOS hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the I ' day of September, 2013, through the 31 s` day of August, 2014 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County,, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre -trial and pre - dispositional status or in the post - dispositional treatment prescribed by the Court; acrd' Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the placing County for such use and purposes and Hays County desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: I. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party hereto feels in itsjudgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12:00 o'clock midnight thitty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on of before the termination date. EE.--j? Pg.-/-,a . 11. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $100.00 per day for each space utilized in Detention services. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $105.00 per day for each space utilized in the Boot Camp (B /C) /Academy program. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $140.00 per day for each space utilized in the Juvenile Intensive Treatment Program (JITP) and the Sex Offender Residential Treatment program (SORT). The daily cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. The HAYS COUNTY JUVENILE BOARD may at its discretion, or upon recommendation of the Hays County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. In addition to the rate agreed upon between the two parties, the placing County shall reimburse the Service Provider for expenditures made for medical care and dental care for children placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being made. If emergency examination, treatment and /or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE HAYS COUNTY JUVENILE BOARD;agrees to provide a space, if available, at the time that the placing County requests the space. HAYS COUNTY JUVENILE BOARD will provide a copy of the visitation/phone contact schedule with this contract and the placing County shall provide a copy to a resident's parent/guardian/legal custodian. HAYS COUNTY JUVENILE BOARD will provide room and board, twenty-four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well -being of the child, and in long -term to enhance the child's functional abilities in a residential care setting. and achieve the goals of the child's Individual Treatment Plan and Child/Family Case Plan. -2- Vol. X802 P IV. ADMISSION AND DISCHARGE Prior to transporting a child to the facility for short term - placement the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long -term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post - adjudication paperwork as stipulated by Texas Juvenile Justice Department standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing county of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of.the child. The Service Provider must provide at lest (10) calendar days notice before discharging a child except when the child is a danger to self or others. HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardians, custodians, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged there from without: (a) Receipt of the Order signed by the Judges having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by; the parties hereto that children placed in pre - adjudication care in the facility shall be removedtherefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized by the -3- Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts,.local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health servi&s. , • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that posses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN Veil. /� oZ i � 4 . I Each child placed in long -term shall have a written Individualized Treatment Plan (ITP) developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, and /or appropriate placing county personnel within thirty (30) days of placement. The ITP shall complement the Child/Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Justice. Department standards, to assess the child's progress with modifications of the ITP being made when indicated. Either;the;Service Provider or the placing County may request a review at any time. The ITP shall contain the reasons why the placement will benefit the child; shall specify behavioral goals and objectives being sought for the child; shall state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and shall state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall' provide the placing. County with a written report of the child's progress toward or achieveinent;of goal's/objectives contained' in. the ITP on a monthly basis: These reports are to include, but not be limited to, the following information (a) (b) (c) (d) (e) (fl Goals Behavior in program. Progress in treatment. Progress in school. Peer and staff relationships. Family relationships. Aftercare goals. V1I. PERFORMANCE MEASURES The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential. This development will be through provision of a safe„ drug -free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, -5- L UoL ;, . but are not limited to: • Average length of stay of children in each program. • Average daily population of children in each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County will be performed by using the following outcome measures: • 80% of youth successfully completing the program. • 80% of youth report improved family communication/functioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least'' /',educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Providerfails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terns of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION HAYS COUNTY JUVENILE BOARD.will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other _6_ t: Vol. �8a2_ pg - 4: documents regarding any aspect of the services furnished as may be requested by the placing County. HAYS. COUNTY JUVENILE BOARD will make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Justice Department, and the State of Texas and/or their duly authorized :representatives. HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for three (3) years after the final payment or until any audit or the program has been made and all questions arising therefrom have been resolved,:. whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. . HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive State funds as required by TexasFamily Code Section; 231.006. HAYS COUNTY JUVENILE BOARD shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on -site monitoring of the Service Provider's compliance with the terms of this Contract, and-the adequacy and timeliness of the Service Provider's performance under this Contract. The Service. Provider shall establish a method to ensure the confidentiality of records and other information relating to the child accordingto applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without.-limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person,, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts of omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall.give -7- Vol; 0&A _. Pg.. at f I written notice to the placing County of any such claim, demand, suit or other'action within three (3) working days after being notified of such claim, demand, suit or other action of the threat thereof XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services.under this Contract to have insurance throughout the term of this, agreement covering; among other matters that the placing County shall desire, any and all damages and /or claims that might arise out of the placement of county children. Such insurance shall include, but not limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The 'Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances,regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race; color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex; national origin, age or handicapping condition. The Service Provider shall comply wA, minimum standards as put forth by the Texas Juvenile Justice Department at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate, authorities as required bylaw and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIII. ACKNOWLEDGEMENTS AND ASSURANCES' The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. The Service Provider acknowledges and.agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. -8- Vol. /_80� !'g _� The parties acknowledge and agree that the Service Provider is under no obligation to accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. XIV. LAW AND VENUE in any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of theplacing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying'out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. XVI. PRISON RAPE ELIMINATION ACT OF 2003 The Service Provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provisions of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The Service Provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR §115) standards and shall permit the placing County to monitor its facility and records as necessary to ensure that the Service Provider is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall make available 0 E ?---- Z pg, i�c_.1 to the placing. County al l incident - based aggregate date reports for every allegation of sexual abuse or sexual harassment and. all such data that may be requested by the Department of Justice from the previous calendar year no later than June 30 (§ 115.387 (f)) and the data necessary to answer all, questions from the most recent version of the Survey of Sexual Violence. THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract . providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu "of all previous contracts or agreements by and between HAYS COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract to terminate, become null-and void, and be of no further force or effect of the date this contract become effective. Executed. this the 2S day of 1LUA 20-15 each copy hereof shall be considered an original copy'for all piko6ses. _ k�, INN�.L inda R guez Official Auth rized to Sign. Chairman, Hays County J Hays County Justice Center; Room 177 Doug Vance San Marcos, Texas 78666 Printed Name Brett Littlej Administrator, Hay ounty Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 Title: Executive Director r COUNTY Official Authorized to ign Duane Peters Printed Name Title: County Judge Brazos COUNTY 1913 � Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Contreras, Asst. Purchasing Agent DATE: July 18, 2013 TO: Duane Peters, County Judge Lloyd Wassermann, Commissioner Pct. Sammy Catalena, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Irma Cauley, Commissioner Pct. 4 FROM: Purchasing Department Tiffany West, Buyer 11 Gail Davis, Buyer 1 The Brazos County Purchasing Department requests permission and approval to cancel the contract between Highway Technologies and Brazos County for lane striping and pavement markings and award the contract to Lone Star Pavement through October 14, 2013. The Road and Bridge Department received a letter in the mail from the United States Bankruptcy Court stating Highway Technologies, a contractor for Lane Striping and Pavement Markings is going into Chapter I I Bankruptcy. Road and Bridge's concern was that they have projects in the immediate future that will require lane striping and pavement marking. After talking with the Legal Department, Charles Wendt and Leslie Contreras attempted to call Highway Technologies several times over a 3 week span (logged times and dates attached). Leslie also called several times in an attempt to get someone to answer the phone by calling every number that they had in the directory. Several messages were left as each call was made. Leslie also attempted email as well. The Purchasing Department attempted to call the two other vendors that bid on Bid # 2009 -03, N -line and Lone Sur Pavement. The second lowest bidder, N -line Traffic Maintenance was unable to hold their pricing however the 3rd lowest bidder Lone Star Pavement is willing to hold their pricing through the end of the contract renewal term which is October 14, 2013. The Purchasing Department requests approval to award through October 14, 2013. \ N,k Duane Peters, County Judge the remainder of the contract to Lone Sur Pavement 9 -a?-is Date Vol 6 j k2or3 -v`tK IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: HIGHWAY TECHNOLOGIES, INC., et al., Debtors.' Chapter I 1 Case No.: 13- 11326 (KJC) (Jointly Administered) NOTICE OF COMMENCEMENT OF CHAPTER 11 BANKRUPTCY CASES, MEETING OF CREDITORS AND FIXING OF CERTAIN DATES On May 22, 2013, the debtors and debtors in possession in the above - captioned cases (the "Debtors ") filed voluntary petitions for relief under Chapter)) of title 11 of the United States Code, 1 I U.S.C. §§ 101 through 1532, (the `Bankruptcy Code'). The Debtors, and their addresses, case numbers and federal tax identification numbers are as follows: HTS Acquisition, Inc. Highway Technologies, Inc. Drive, 13- 11325(KJC) 13 -11 DATE TIME AND LOCATION OF MEETING OF CREDITORS. June 27, 2013 at 10:00 a.m. prevailing Eastern time, J. Caleb Boggs Federal Courthouse, 844 King Street, Room 5209, Wilmington, Delaware 19801. DEADLINE TO FILE A PROOF OF CLAIM. Notice of a deadline will be sent at a later time. NAME ADDRESS AND TELEPHONE NUMBER OF TRUSTEE. None appointed to date. COUNSEL FOR THE DEBTORS: PACHULSKI STANG ZIEHL & JONES LLP Richard M. Pachulski (CA Bar No. 90073) Debra 1. Grassgreen (CA Bar No. 169978) Bruce Grohsgal (DE Bar No. 3583) Maria A. Bove (NY Bar No. MB -8687) John W. Lucas (CA Bar No. 271038) 919 North Market Street, 17th Floor Wilmington, DE 19899 -8705 (Courier 19801) Telephone: (302)652 -0100 Facsimile: (302) 652 -4400 Email: rpachulski @pszjlaw.com dgrassgreen@pszjlaw.com bgrohsgal@pszjlaw.com mbove@pszjiaw.com jiucas @pszjlaw.com RECEIVED JUN 1 2 2013 The Debtors in these proceedings and the last four digits of each Debtor's federal taxpayer identification number are as follows: Highway Technologies, Inc. (6608); and HTS Acquisition, Inc. (9831). The Debtors' mailing address is 6800 Dixie Drive, Houston, Texas 77087. DOCS DE:187774.1 36074 -002 001 KWO i8694_WMI_SnC 9890M060XM1121M COMNENCEMENT OF CASE. Petitions have been tiled againstthe Debtors, Orders for Relief have been entered and the cases are pending under chapter I,1 of the Bankruptcy Code. You will. not receive notice of all documents filed in this case. All documents filed with the Court, including lists of the Debtors' property and debts; are available for inspection at the Office of the Clerk of the Bankruptcy Court. Such documents also may be available at www deb.uscourts.eov. PURPOSE OF CHAPTER 11 FILING:, Chapter 11 of the Bankruptcy Code enables a debtor to reorganize pursuant to a plan. A plan is not effective unless, approved by the Court at a confirmation hearing. Creditors will be given notice concerning any plan or in the event the case is dismissed or converted to another chapter of the Bankruptcy Code. The Debtors will remain in possession of their property and will continue to operate any business unless a trustee is appointed. CREDITORS MAY NOT TAKE CERTAIN ACTIONS. A creditor is anyone to whom a debtor owes money or property. Under the Bankruptcy Code, a debtor is granted certain protection against creditors. Common examples of prohibited actions by creditors are contacting a debtor to, deniand.repayment, taking action against a debtor'to collect money owed to creditors or to take property of.a debtor; and stinting or continuing foreclosure actions or repossessions. If unauthorized actions are taken by a creditor against a debtor, the Court may penalize that creditor. A creditor who is considering taking action against a debtor or the property of a debtor should review § 362 of the Bankruptcy Code and may wish to seek legal advice. The staff of the Clerk of the Bankruptcy Court are not permitted to give legal advice. MEETING OF CREDITORS. The Debtors'_ representative, as specified in Rule 9001(5) of the Federal Rules of Bankruptcy Procedure (the `Bankruptcy Rules "), is required to appear at the meeting of creditors on the date and at the place set forth above for the purpose of being examined under oath. Attendance by creditors at the meeting is welcomed but not required. At the meeting, the creditors may examine the Debtors and transact such other business as may properly come before the meeting. The meeting maybe continued or adjourned from time to time by notice at the meeting, without further written notice to the creditors. CLAIMS. Schedules of creditors will be filed pursuant to Bankruptcy Rule 1007. Any creditor holding a scheduled claim which is not listed as disputed, contingent; or unliquidated as to amount may, but is not required to, file a proof of claim in this case. Creditors whose claims are not scheduled or whose claims are listed as disputed, contingent, or unliquidated as to amount and who desire to participate in the case or share in any distribution must file their proofs of claim. A creditor who desires to rely on the schedule of creditors has the responsibility for determining that the claim is listed accurately. Separate notice of the deadlines to rile proofs of claim and proof of claim forms will be provided to the Debtors' known creditors. Proof of claim forms are also available in the clerk's office of any bankruptcy court. Proof of claim forms are also available from the Court's website at www.deb.uscourts.gov. Kurtzman Carson Consultants is the claims agent in these cases and can provide a proof of claim form if you cannot obtain one from your local bankruptcy court. Kurtzman Carson Consultants can be reached through their web site specifically for these cases at http : % /wwwikccllc.net%highwaytech, by a -mail at HTS1nfo@kccllc.com, by telephone at.]-877-725-7531 or by first class, hand delivery or overnight mail as follows: By First -Class Mail, Hand- Delivery or Overnight Mail: Highway Technologies Inc. Claims Processing Center c/o KCC 2335 Alaska Ave El Segundo, CA 90245 DISCHARGE OF DEBTS. Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. See Bankruptcy Code § 1141(d). A discharge means that you may never try to collect the debt from the debtor, expect as provided in the plan. - For the Court: /s/ David D: Bird -1300 DE:187774.r 36024 -002, Dated: June 4, 2013 Highway Technologies, Inc., 6VAL nT c/o KC 2335 Alaska Ave El. Segundo, CA 90245 PRF 58W 11460626 BRAZOS COUNTY ROAD BRIDGE 26-17 WEST HWY 21 BRYAN 707963 51 006086 RECM D JUN 1 7 2013 pg--2! e-) LM -sY `� T oI w _ s 01_ - _ — 5�2— ggD-�l�aS� cam- Z_2� 1e�-.es_pn _ ticit-5+ cN1S u e+rld of L�.v1Z i iG,l) on-3W+ L) 2-013 5i2- �o has- -�S lei- rw�s. o -�Sas x 201! I&L Nkts5. SaA-S _ l�l 1 � k--IS U � ,�411U Ili 1 lI'��•- {/��jl JV / -J .._�[(_ l (',��y ,� /��� l U �) Z� v I �L� X 20 I 1 f l UJ -Fo- (� �l,l(SS 51 z 0- g5-25 O- R Sa tA-d -s Wk- L 5c Z o -q� ZS �? 2D gojt - - 1 ' a"t 51 Z Aq 0 —qS;�S X Z s_ 30J t—,� I {.N- vtess ss on ,e.. 2-5 loo [Vol. - -_ _ — -- .. '.A INVITATION TO BID LANE STRIPING AND PAVEMENT MARKERS A\'.NUAL CONTRACT BRAZOS COUNTY PURCHASING OFFICE Brazos County Administration Building 200 S. Tx. Ave., Ste. 352 Bvan, Texas 77803 Telephone (979) 361 -1292 Bid Request No. 2009 -03 Page 1 of 8 Pages Bids will be received, publicly opened and read aloud at 11 :00 a.m.. Thursday. October 16. 2008. in the Brazos County Purchasing Department_ Brazos Count%• Administration Building, 200 S. Tx. Ave„ Ste. 352. Brvdn. Texas.. A. SCOPE OF BID Bids are solicited for furnishingthe merchandise, supplies, service, and /or equipment set forth in this bid request for a period ''beginning. October 15. 2008 through October 11. 2009 in accordance with the following Conditions of Bidding. B. CONDITIONS OF'BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All, bidders are required to be informed of these Terms and Conditions and will be held. responsible for havine'done so: 1. Definitions:.. In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos Count•, Texas given the authority to exercise such powers and jurisdiction of all county business.as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between, the County and a Supplier to furnish 'supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request.. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB- CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER Same as Contractor. Bid Continuation Sheet - Bid Request No. 2009-03 BRAZOS COUNTY, TE, \aS Page ? Of Pages 2. Upon acceptance and Approval try the Commissioners' Court: this .bid effects a working contract between Brazos County and the successful bidder for the period designated. 3. Bids must be received by the Purchasing Office prior to 'the time and date specified. The mere. fact that the bid was dispatched, will not be considered- the bidder-must have the bid actually delivered; 4. The - County reserves the right to accept or reject in part or in whole, any Bids submitted, and to waive any technicalities for thd best interest ofthe County. $. Brazos Count;, shill. not be responsible for any verbal communication between any employee of the County and any potential bidder.. Only written specifications and written price quotations, will. be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer I dentification'Number, 'if applicable, for the bid to be valid'. 8. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the- contract -with its present provisions. and prices. This contract is nontransferable by either part\ . 9. The County may cancel this contract at any time for any reason, provided a thirty - day uritten,notice is given. 10. The bid award shall, be based on, but not necessarily limited to, the following factors:' a. Un "it price b. ` ''' Total price C. Special needs and requirements of Brazos County A. Results of testing samples (if needed) e, Delivery f Brazos County's experience with products bid g•. Vendors past performance record with - Brazos - County I1.. Although the cost of.pmducts to be provided 'is an essential part of the Bid, Brazos.County is not obligated to. award a contract'on the 'sole -basis of cost. Acceptance of merchandise, work; and/or equipment. provided shall be made by the County at the•sole discretion of the Commissioners Court when all terms-and conditions of the contract and !specifications have 'been met to its satisfaction, including the submission. to the County of any And all documentation as.. may be required. V ©I • -- S 8 L Pg /�3 Bid Continuation Sheet Bid Request No. 2009 -03 BRAZOS COUNTY, TEXAS Page 3 of 8 Pages 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of deliyerv. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15. Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. Amy suggested change in quantity on the pan of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 17. Bids must be submitted on this form. If you cannot download this document, please call 979 / 361 — 4292 to request a coP), be faxed or mailed to you. Bid must be submitted in a sealed envelope clearly labeled with the Bid Number and Vendor name to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 18. if the recipient of this form is unable to bid, the form should be returned to the Purchasing Department before opening time and a reason given for not bidding if the bidder desires to bid on future purchases of the County. y 19. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 20. In the event of a needed change in the specifications sent to the bidder; it is understood that all the foregoing terms shall apply to the addendum or addenda. 21. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County website at ww%v.co.brazos.tx.us, upon bid award by Commissioners Court. 22. Brazos County reserves the right to extend this contract annually upon negotiation. 23. Successful offeror agrees to extend prices and terms to all entities who have entered or will enter into an inter -local cooperation agreement (s) with Brazos County. ............. _ O Z I f el i Bid Continuation Sheet BRALOS COUNTY, TEXAS Bid Request No. 2009 -03 Page 5 of g Pages The Contractor will be responsible for traffic control. Vendor will be required to maintain proper Hermits to operate on Brazos County roads and /or proMrt•: Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet, shall be labeled as such. E. INSURANCE REOUIREM_ENTS L: The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following pans of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos Counq• Risk Management. The Certificate of Insurance must be approved by the County before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and •Employer's Liability Insurance. b. General Liability with limits for bodily injury and for property damages of not less than $1,000,400 CSL with Brazos County named as an additional insured. C. Comprehensive Automotive Liability with single limits of $500,000 for Bodily Injury and Property Damage Liability, d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. F. OUOTATION The following quantities are estimates of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with unit prices and extensions that are firm for the entire period of this contract. All unit prices must include all materials, equipment and labor. Pavement Markings Item Quantity UOM Description Unit Price Total Price 1. 20.000. LF CReflectorized Markings(SLD)(Re- stripe) S .20 S 4,000.00 2 5,000 LF 4" Reflectorized Markings (BRK) (Re-stripe) S 20 S 1,000.00 '3. 50,000 LF 4" Reflectorized Markings(SLDXLayout) S .22 SI7,600.00 4, 12,000. LF 4" Reflectorized Markings (BRKXLayout) S .22' S 2,640.00 5. 500 LF 12" Reflectorized Markings (SLD)(Re- stripe) S .50 S 250.00 6. 500 LF I2" Reflectorized Markings (SLDxLayouo . S .50 S .250.00 /802 /.3 - Bid Continuation 'Sheet Bid Request No. .2009 -.03 BRAZOS COUNTY, TEXAS - Page 6 of S Pages 7. 200 LF IS- Reflectorized Markings (SL D)(Re- stripe) S .80 S 160.00 S. 200 LF 18" Reflectorized Markings (SI.D)(Layout) S .80 S 160.00 9. 300 LF 24" Reflectorized Markings (SLDXRe- stripe) S 2.00 $400.00 10. 200 LF 24 ".Reflectorized Markings (SLDHLayout) S 2.00 S 400.00 11. 10 EA 4' Refleciodzed Directional. Arrow S %OD S 100.00 12. 10 EA S' Reflectorized Directional Arrow S 60.00 S 600.00 13. 10 EA 4' Reflectorized Combination Arrow S 25.00- S 250.00 14. 10 EA S' Reflectorized Combination Arrow $ 75.00 s 750.00 I5. 300 SQ Pl' Eliminate Existing Pavement Markings S 2.00 S 600.00 16. 20 HR Pressure Cleaning b 50.00 S t,000.00 17. 2,000 EA 4 "Type II -AA Raised Reflective Pavement Markers S 5.00 S. 10,000.00 IS. 506 EA 4" Type 1'A Raised Reflective Pavement Markers S 5.00 S 2,500.00 19. 4 EA Reflectorized Railroad Crossing S 225.00 S 900.00 20. 1.000 EA Flexible Chip Seal Markers (yellow & white) S .75 S 750.00. '21. 2,000 EA Removal of 4" Raised Reflective Pavement Markers 'S •50 S 1;000.00 G. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder pGiorto the official opening of this bid. Signed By; Title: President Typed Name: Theresa Schutze Company Name: Lone Star Pavement Services, Inc. Phone No. (281) 367 -1965 Mailing Address: 27645 Hanna Road Conroe Texas 77385 P. O. Box or Street City State Zip Employer Identification Number: 20-4932423 CORPORATE SEAL IF SUBMITTED BY A CORPORATION Via;: \ : "•:`c END OF BID REQUEST NO. 2009 -03 STANDARD PURCHASE TERMS AND CONDITIONS ROAD AND BRIDGE DEPARTMENT BRA2o5 COUNTY. TEXAS Brazos County P �..iirchasing Department 200: S. TX AVE.,S.UITE: 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3'614293 BRAZOS COUNTY BID/RFP1RFQ DOCUMENTATION SHEET The Purchasing Department would like to request. Commissioner's er's Court approval to advertise and request Bids on the following: DATE: July 18; 2013 BID NUMBER: REQUEST FOR PROPOSAL- NUMBER: 2013-71 REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Election. Services REQUESTING DEPARTMENT: Purchasing, APPROVAL SIGNATURE' V. Duane Peters, County Judge DATE APPROVED: -a3' [ Vol INTERNET SERVICE FOR BRAZOS COUNTY ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361 -4294 SOQ Request No. 2013 -48 Page I of 7 Pages GENERAL REQUIREMENT TOR CONTRACT 1, & / / "'�� '`C� as a duly authorized representative of 17-ie "Contractor' willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and /or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non- response. F-01 pg. � y SOQ Continuation Shcet SOQ Request No. 2013 -48 URAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and /or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid, Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and /or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and /or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and /or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. ihl SOQ Continuattoa Sheet rsoO Request No. 201348 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages PRICING Prices for all goods and /or services shall be firm for the duration of this contract and shall be stated oil the Pricing/Doliveiy hrfonnation form. Prices shall beall:inclusive; No:priee changes, additions, or subsequent qualiffcatiolrs' will be honored during the course. of the contract. All prices must be written:in ink or typewritten. Pricing;on all transportation, freight, drayage and other charges are to be prepaid by tire contractor and.included, in the bid prices. If there are any Additional charges of any kind, other than those mentioned elioye, specified or unspecified, offeror MUST indicate the. items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state, and local'taxes unless otherwise stated in this document. Brazos County cinims exemption from all sales "arid /or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax. Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between ;the terms and provisions of these requirements and the specifications,. the specifications shall govern:. In tite event of any conflict of interpretation of any "part of this overall. document, Brazos; County's.interpretation shall govern..In.the event ofa conflict between . the terms, conditions; provi'sions,,and specifications of this document and any other terms, conditions, provisions,.and specifications.provided by the Contractor; the terns of this document shall supersede,_ GOVERNING LAW This bid solicitation is governed by the competitive bidding" requirements:of Brazos County Purchasing Act, Texas Local Government Code,, §262:021 et seq:, as amendedc: Offerors. shall comply with all applicable federal, state and -local laws and regulations. Offeror 'is" further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and. Brazos County Attorney concerning and portion of "these requirements.. DISQUALIFICATION Of OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that thoofferor has not violated the antitrust laws of this state codified in Texas Business and Cotnmerpe: Code §1'5.01, of seq., as. amended, or. the federal antitrust laws; and has not communicated. directly, or indirectly the bid made. to any competior or any other person, engaged in such line of business. Any or all bids .may be rejected' if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be: rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of, tho.bids is withdrawn, the result will be' that all of the bids submitted 'by that offeror will be withdrawn; however,. nothing herein prohibits a Contractor Prom submitting multiple bids for different products or services. SOQ Continuntion Sheet. ISRAZOS COUNTY, TEXAS SOQ Request No. 7013-48 Page 4 of 7 Pages SEVERABILITY If any section, subsection, paragraph,`setttence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining- portions of these requirements and. the specifications-and it is hereby declared that. such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications ';as to any detail, or the apparent omission from it of a detailed description concerning any point, .sltall'be. regarded M meaning that only the best- practice is to prevail and that only material and workmanship .of the finest quality Are to be -used. All. interpretations of specifications shall be made on, the basis of this statement. The items furnished tinder this contract shall be new, unused: of. the latest product in production to commercial trade and shall be of the; highest: quality as to mateitais used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier ofthe item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if:offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and 'not in lieu, of any other.remedies which Brazos County may have in law 6:'r equity. Default may be constnied as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and /or to properly perform any and all services required to Brazos County$ satisfaction and /or to meet all other obligations and requirements. Brazos County mayterminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor,, before starting work for Brazos County, must furnish Brazos. County a Certificate oflnsurance.or othor'acceptable evidence from'a.reputable insurance company or companies with an A.M. Best.Rating :of AA'@ (such companies• to lie. acceptable to Brazos County). licensed to write insurance in the state of Texas, showing that, the Contract is covered-bythe insurance.as follows: (1) Statutory Workers t omoensano11 insurance wim r mpiovcm �iuuunv usu1aucc urum muwu� .+. $1,000.000, In tite event :any work is sublet, the Contractor,shall. require the subcontractor similarly to provide the same. coverage and shot[ himself acquire evidence of such coverage on behalf of the subcontractor, (TLC. Sec. 401.011) (2) Commercial General Liability, Insurance with a $ 1,000,000 Combined Single Limit: The policy shall be on the Comprehensive General Liability 19"0 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as air additional insured. Waiver of subrogation is required. No claims made nolieies arc acceptable without or aporovel by the Commissioners Court/Risk Management. Pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS (3) Automobile Publie'Liability_Insurance propelled vehicles used..in connection Waiver of subrogation is required. SOQ Request No. 2013 -48 Page 5 of 7 Pages with a $ 500,000 Combined Single Limit, in all self - with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnish ed to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement,, including, bin not limited lo, authorizations of the placement of liens on Brazos County property; .disclaimers. and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirem ents and processes; limitations of periods to bring legal action; granting, control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement. terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of The State of Texas.. COVERAGE SIWAGES Nothing in this Agreement shall be construed as making Brazos Cotmty responsible for the payment of compensation and /or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, deatli aiid dismemberment insurance for the Contractor's employees and /or equipment. Nothing in the Agreement shall be construed as making. Brazos County responsible for wages, materials, logistical support „ equipment, and related travel expenses incurred by the Contractor.. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties: understand and agree that Brazos County does not assume civil liability under any theory of law fo• the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 SOQ Continuation Sheet SOQ Request No. 2013 -48 BR'AZOS COUNTY., TEXAS. Page 6 of 7 Pages CONTRACTOR: Sales Contact Name: Phone Number: Billing" Info: 7a4fm'y 14A4rA1' ,PGrnlif'� A/?/%i/tic./ 97°1- 76s' - .222 "Y %7y'76£* =z.zaP ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING <CLAUSE Notwithstanding any provisions' contained herein, the obligations of Brazos County are expressly contingent upon the availability.of 11inding for the obligations contained herein for the term of the Agreement and any extensions'thereto. WAIVERS .No . waiver by either party lrereeo of any term or condition of this Agreement shall be deemed or construed to be a waiver Of'any other term or condition or subsequent waiver of tile. same term or condition. ENTIRE,AGREEMENT This Agreement represents the entire and 'integrated agreement between Brazos County and the' Contractor and supersedes all prior negotiations, representationsi, or agreements; either written or oral. This Agreement may only be amended.bywritten instrument approved and executed by the parties. 'AVAILABILITY AND RETENTION OFRE CORDS All records relating to. the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the,State "of Texas, Inspector General or duly appointed `law enforcement officials)' and agencies of the United States Government. Such records, shall be ,returned by Contractor slid made, available for' any time period required by state or federal law. if changes occur' in the governing state or federal law, regarding retention- records, Contractor shall .comply with such changes: If an audit is initiated before the expiration of such time periods required by state or. federal law regarding retention of records, the 'Contractor shall retain such records until the audit is concluded and all - issues resolved. Contractor shall provide Brazos County with,copies of such audits: that be conducted with respect to the contract. AUDIT RE, SPONSIBILTY The Contractor sliall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims: The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through'any appropriate method any money' erroneously paid. under this contract if evidence exists of less than full compliance with this contract. Vol. �8a p9. �Sl, SOQ. Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2017 -48 Page 7 or7'Pages INDEMNIFICATION The Contractor shall deferid' indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions; orclaims of any character, name and,.description including attorney's fees expenses brought for or on account of any injuries or damages received' or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work,'or through the use of unacceptable inaterials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retailed for the use of Brazos County, or in case no money'is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled "and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indenrnification clause regardless of whether the iniury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contentsiof this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of ti ' contract. Signed By: Title:' Typed Name: Company Name: pg /� /v�' /wy��� �lray.�PhoneNo. �%9- %Gi`121 5 Email Address: Mailing Address: 2 J P. O. Box or Street s (d��irv" Slgfi�- Th �7'sf�s� city State Zip Employer Identification Number: - 76`z FD 06 �43 Social Security Number: pprov by Commi i et's Court on this ter`" Jay of 2012 by ling the position of Vol. 8 �,cq /7� S117na11 Managed Network Solutions Services Agreement Customer Account Number: System Address Federal Tax ID Number: Contract Number: Contract Date; 5117/2013 "Cudtomeriniormatlon, :ii;' " -. "�. -..- .. "=! .- "tAblhdrlied:Custdmer Re Teienbtive hilarn`etiori. .'.`'" � "' Legal Company Name: Brazos County— LT. Name: Leslie Contreras Service Street Address: 205 East 270 Street Business Phone Number: 979 -361 -4294 CI /Slate 21p: Bryan, TX 77803 Business Fax Number. Requested Service Date: 11/1/13 - 10/31/14 Additional Contact Number optional: Billing Street Address )If different from service address) E -mall Address a tlonal :Iontreras @brazoscount x. av Street Address: Emergency Contact Number (optional); Cll /State/21 : Billing Contact Number (optional); Managed Network Solutions shall provide the fallowing Services and equipment and Customer agrees to pay the fees and charges set forth below: t[uste IeRiaM rf..eMle.r Idelalal .. Installation Feesr., ..%W1E Ul niatst NonRecurdn .` r N/A I N/A I A S�IiiJde descNPthtp.• ' QuantlN berm yldnthlY RecurAng /AUess :- Actlaalion w'c' K ..,C)ta e_.... _ ' ^and Set u`:F•ees 7: Mbps Internet Access to Courthouse 1 12 mo 1,875.00 0.00 Complex 22,500.00 rf..eMle.r Idelalal The undersigned represents that he /she is the Customer or b the Authnoed Customer Representative Identified above and Is aullaoed to sign this Agreement on behay of Customer for the services Is this Agreement. The undersigned Further reprewls that the Customer Information and the Audheized Custom Representative Information Is We and correct. This Agreement binds Cudonser m the Rales, Terms and fdndnlom of Service applicable W each of We servka selected above, Including any to m mike, pmxaks that may apply. Customer understands that regulated services seeded above are Wedded by Managed fletvork Solutions. NI Services are wb /M to the Toms OM Conditions on the attached pages her ned aulhobes IAanaged Ifehwbk Solutions to check credo and this Agreement k subject to eeda approval: Prices listed do not Include a ayes, assessments here until this Agreement is signed W Managed Iletvak SoNtlens, It serve's as a proposal srhkh may be wviuldram or own Bt an sled nelvak Salua anaged flenvak Solutions still honor the prices In this proposal premed Customer delivers a signed cmlract to Managed etsvak Solution with I, ly days Iran l he date above. Customer - Authorized Signature: Ilanaged flelwork Solutions We: Vol. .. Installation Feesr., ..%W1E Ul niatst N/A I N/A I A I N/A The undersigned represents that he /she is the Customer or b the Authnoed Customer Representative Identified above and Is aullaoed to sign this Agreement on behay of Customer for the services Is this Agreement. The undersigned Further reprewls that the Customer Information and the Audheized Custom Representative Information Is We and correct. This Agreement binds Cudonser m the Rales, Terms and fdndnlom of Service applicable W each of We servka selected above, Including any to m mike, pmxaks that may apply. Customer understands that regulated services seeded above are Wedded by Managed fletvork Solutions. NI Services are wb /M to the Toms OM Conditions on the attached pages her ned aulhobes IAanaged Ifehwbk Solutions to check credo and this Agreement k subject to eeda approval: Prices listed do not Include a ayes, assessments here until this Agreement is signed W Managed Iletvak SoNtlens, It serve's as a proposal srhkh may be wviuldram or own Bt an sled nelvak Salua anaged flenvak Solutions still honor the prices In this proposal premed Customer delivers a signed cmlract to Managed etsvak Solution with I, ly days Iran l he date above. Customer - Authorized Signature: Ilanaged flelwork Solutions We: Vol. Terms and Conditions of 5ervice. 1. payment Customer shall pay for all manthly service charges, plus one -time setup, Installation, and /or construction charges. Unless slated otherwise herein, monthly charges shall begin upon Installation of service, and Installation charges, If any, shall be due upon completion of Installation. ellllna Monthly recurring fees are due no later than the first day of each month for which services are provided. In the case of a late payment, Customer will be charged a $100 administrative fee and the late payment will accrue Interest at the rate of one and one -half percent (1.5%) per month, or the highest rate allowed by applicable law, whichever is lower. All non - recurring fees shall be payable net 30 as Invaiced by Managed Network Solutions. All payments shall be made in U.S. dollars. JIM Managed Network Solutions may Invoice and Customer shall pay all lazes, fees or assessments and other charges required to be collected by Managed Network Solutions by any governmental agency that may result from the Customers use of the Co- location Space. Customer shall be responsible for paying all taxes, fees or assessments and other charges Imposed on Customer by any governmental agency that may result from this Agreement, or any of Customers activities contemplated hereunder. 7. Service and Installation Managed Network Solutions shall provide Customer wlth the Services and Equipment Identified on the first page of this Agreement; provided, however, If Managed Network Solutions determines that Customer's location Is not serviceable under Managed Network Solutions' normal Installation guldellnes, Managed Network Solutions may terminate this Agreement. Customer Is responsible for damage to any Managed Network Solutions equipment Installed on customer premise for the purpose of the service described herein. Customer may use the Services for any lawful purpose, provided that such purpose (a) does not interfere or Impair the Managed Network Solutions network, equipment or facilities and /or (b) complies with the applicable Acceptable Use Policies ( "AUP") which are Incorporated herein by reference. Customer shall use the equipment only farthe purpose of receMng the Services. Customer shall not make any connections to the equipment which are not expressly authorized in writing by Managed Network Solutions or permit tampering, altering or repair of the equipment by any person other than Managed Network Solutions' authorized personnel. Unless provided otherwise herein, Managed Network Solutions shall use reasonable efforts to maintain the Services in accordance with applicable performance standards, however, Managed Network Solutions shall have no responsibility far the maintenance or repair of facilities and equipment it does not furnish. 3. ,Ser*e Date and Term This Agreement shall be effective upon execution by the parties. Services shall be provided for the applicable term set forth on the first page of this Agreement. Managed Network Solutions shall use reasonable efforts to make the services available by the requested service date. Managed Network Solutions shall not be liable for any damages whatsoever resulting from delays In meeting any service dates due to delays resulting from construction or for reasons beyond Its control. 2 4. Customer Responsibilities Customer Is responsible for arranging all necessary rights of access for Managed Network Solutions within the Customers premises, Including space for cables, conduits, and equipment as necessary for Managed Network Solutions - authorized personnel to Install, repair, Inspect, maintain, replace or remove any and all facilities and equipment provided by Managed Network Solutions. Customer shall provide a secured space with electrical power, climate control and protection against tire, vandalism, and other casualty for Managed Network Solutions equipment. Customer shall use the Services in compliance with all applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third. parties. Customer Is responsible for ensuring that Customer's equipment is compatible for the Services selected and with the Managed Network Solutions network. 5. Eauallient Unless otherwise provided herein, Customer agrees that Managed Network Solutions shall retain all rights, title and Interest to facilities and equipment Installed by Managed Network Solutions there under and that Customer shall not create or permit to be created any liens or encumbrances on such equipment, Internal Wiring shall not be considered equipment and shall become the property of Customer upon Initiation of Service. Customer shall not modify or relocate equipment Installed by Managed Network Solutions or Install any other equipment, Including servers In connection with data /Internet without the prior written consent of Managed Network Solutions. for Managed Network Solutions -owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment In good condition, ordinary Wear and tear resulting from proper use excepted. In the event the equipment Is not returned to Managed Network Solutions In good condition, Customer shall be responsible for the value of such equipment. Managed Network Solutions shall repair any equipment owned by Managed Network Solutions at no charge to Customer provided that damage Is not due to misuse, abuse or Other disaster Including acts of God. If additional equipment, Including but not limited to, monitors, computers, circuits, software or other devices, are required by Customer to use the Services, Customer shall be responsible for Stroh equipment. 6. Resale of Service Customer may not resell any portion of the Service to any other party. 7. Default If Customer fails to comply with any material provision of this Agreement, Including, but not limited to failure to make payment as specified, then Managed Network Solutions, at Its sole optlon, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by tariff or applicable law: (1) terminate service whereupon all sums then due and payable shall become Immediately due and payable, (ill suspend all or any part of Services, and /or (till pursue any other remedies, Including reasonable attorneys fees, as may be provided at law ar In equity, including the applicable termination liabilities. 8. IP Address and Domain Name Registration Managed Network Solutions will allocate IP addresses to Customer according to AKIN guldelim. All IP addresses assigned by Managed Network Solutions must be relinquished by Custonser upon the expiration, termination or cancellation of this Agreement, IP address shall be subject to the IP policy In the AUP. If Customer requests, Managed Network Solutions will register an available domain name on behalf of Customer, and such registration shall be subject to rules 6 promulgated by the domain name registrar, which may be amended from time to time. Customer is responsible for payment and maintenance of domain name registration. 9. Termination Customer may terminate data and or Internet before the end of the term selected by Customer on the first page of this Agreement; provided, however, if Customer terminates Service before the term selected by Customer (except for breach by Managed Network Solutions), or Managed Network Solutions terminates Services for Customer's breach of this Agreement or the AUPS, Customer may be subject to a termination liability. The termination liability shall equal 100% of the monthly recurring charges for the terminated Services multiplied by the number of full months remaining in the Initial term commitment and Is due upon termination. After the initial term, this Agreement shall automatically renew on a one -year basis unless customer notifies Managed Network Solutions In writing no later than 45 days prior to the expiration date. 10. LIMITATION OF LIABILITY. MANAGED NETWORK SOLUTIONS SHALL NOT RE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL MANAGED NETWORK SOLUTIONS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NELGLIGENCE OF MANAGED NETWORK SOLUTIONS. UNDER NO CIRCUMSTANCES WILL MANAGED NETWORK SOLUTIONS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT. MANAGED NETWORK SOLUTIONS' MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER. 11. Assignment Customer may not assign, In whole or In part, this Agreement without the prior written consent of Managed Network Solutions, which consent may be withheld In Managed Network Solutions' discretion. Managed Network Solutions may assign this Agreement and Service may be provided by one or more legally authorized Managed Network5olutions affiflates. 11. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND MANAGED NETWORK SOLUTIONS DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. MANAGED NETWORK SOLUTIONS MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13. INDEMNITY Customer shall Indemnify and hold Managed Network Solutions and Its respective affiliates, Subcontractors, employees or agents harmless (Including payment of reasonable attorneys fees) from and against any claim, actions or demands relating to or arising out of Customer's use of the Service Including without limitation (1) any content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or users of the Services, (II) any claim that Customer's use of the Service Including the registration and maintenance of Customer's selected domain name(s), Infringes on the patent, copyright, trademark or other Intellectual property right of any third party; Iill) any malicious act or act In violation of any laws committed by Customer, Its employees or users using the Services; and /or (N) violation by Customer, Its employees or authorized users of the Managed Network Solutions AUPS. 14. Viruses. Content Cut mgr Information Software or content obtained from the use of Service may contain viruses or other harmful features and Customer is solely responsible for protecting its equipment and software from such matters. Through the use of the Service, Customer may obtain or discover content that is offensive or Illegal and Customer assumes the risk and Is solely responslble for Its access to such content. Managed Network Solutions may disclose Customer Information to law enforcement or to any Managed Network Solutions affiliate. 15. Miscellaneous This Agreement, the tariffs, the documents referenced herein, and the AUPS constitute the entire agreement between Managed Network Solutions and Customer for the Services and equipment provided herein. The Invalidity or unenforceability of any term or condition of this Agreement Shall not affect the validity or enforceability of any other provision. This Agreement may be modified, walved or amended only by a written Instrument signed by the parties; provided Managed Network Solutions may modify the ALP and If Customer continues to use the Service, Customer shall be bound by such AU as modified. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Texas. The failure by either parry to exercise one or more rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right In the future. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mall. If delivered by mall, notices shall be sent by any express mall service; or by certified or registered mall, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the parry whose address has changed. 16. Reaufatary AUlhoritvFw,:e Maleure This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance if such failure Is caused by acts of God, natural disasters including fire, Rood, or winds, civil or military action, Including riots, civil Insurrections or ads of terrorists or the taking of property by condemnation. /get �7 arIr101a Managed Network Solutions Services Agreement Customer Account Number: System Address Federal Tax ID Number: Contract Number: Contract Date: S /1712013 Cusloiljer.infdrmalbb„� � -- :::�.••o-- --�+*� `' - -�:= <_ AdtlloUaed Cu3ldmerAe-- 3entaUViln[Mma tl;i�. �-��: Legal Company Name: Braurs County— I.T. Name: Leslie Contreras Service Street Address: 205 East 270 Street Business Phone Number; 979- 361 -4294 CIt State/21 : Bryan, U 77103 Business Fax Number. Requested Service Date: 11/1/13- 10/3114 Additional Contact Number optional: Billins Street Address (g different from service address) E -mail Address foptionall.-Icentreras@brazmwuntytw.gov Street Address: Emergency Contact Number (optional): City/state/21p; Billing Cwtag[Number o Ilona Managed Network Solutions shall provide the tollosdng Services and equipment and Customer agrees to pay the ("a and charges set forth below. (Customer Inkfalsl - y��;.Y..�';'.a 1. a,I� a +x� Qnan[Ity, term 12 ono •: �,,'s�oti.ISeMF4 Monthly Reeu�„0 CAPnks ;.FS,Rh jig o Apt D�acl l ,. 3 Mbps Internet Access to Law Library 1 i100 00 0.00 N/A I N/A 4,100.00 N/A (Customer INUalst �."r�y: -'v •'•"'',i .w < *ie•y s ^Sts 1• L. '< 4v x.R - Sr.p+."a M f " s. .•*T Y ,r". ;.FS,Rh jig o Apt D�acl l ,. ",Cie RY, F, ..:- :�_lnflsllaNmr a^,_<!•. ?"; ttix r N/A I N/A I N/A N/A The undersigned represents that hefshe is the Customer or, IS the Aulhorbed Custorner Representative Identified above and Is authorized to sign this Agrcemee on behalf of Customer for the senkes In this Agreement. The undersigned furthr represents that the Cuslomir Informalbn and the Authorized Customer Represmlal" Intonation Is bue and correct. This Agreement blinds, Customer to the Rates, Terms and Conditions of Sryce applxable to each of the services selected above, Including any termination penekies that may apply. Cuname uMrstands that regulated srvkes selected above are provided by Managed network Solutions. AD services are subject to the Terms and Conditions on the altwhed pages herro. The undersigned authorues Managed Ileh -rook Solutions to Check credit and inks Agreement a object to credit approval. Prices Ilsled ed nor Nrlide appk ,fees, assess r gn. until U6 Agreanent n signed by Managed network SMUWe, n serves as a proposal uvhkh may be wllhdrasvn «changed anytkne ion elvaxk Solutlm paged Nrsv«k SW lkxK will haxr lha pokes N the Proposal p,rMed Cuslmrr delivers a signed contract to tianaged if «k Solulbns s 'Ihn N days from the ) 1 R dale above. Customer - Ae"wLied Signature: `'L a M II[lswrk Sdutlare o.� Talr e -147i� fate: rA /y �s zoi3 Terms and Conditions of Service. 1, Payment Customer shag pay for all monthly service charges, plus one -time setup, Installation, and/or construction charges. Unless stated otherwise herein, monthly charges shall begin upon installation of service, and installation charges, If any, shall be due upon completion of installation. Billing Monthly recurring fees are due no later than the first day of each month far which services are provided. In the case of a late payment, Customer will be charged a $100 administrative fee and the late payment will accrue interest at the rate of one and one half percent (1.5 %) per month, or the highest rate allowed by applicable law, whichever Is lower. All non- recurring fees shall be payable net 30 as Involced by Managed Network Solutions. All payments shall be made In U.S. dollars. Taxes Managed Network Solutions may Invoice and Customer shall pay all taxes, fees or assessments and other charges required to be collected by Managed Network Solutions by any governmental agency that may result from the Customers use of the Ca- location Space. Customer shall be responsible for paying all taxes, fees or assessments and other charges Imposed on Customer by any governmental agency that may result from this Agreement, or any of Customers activities contemplated hereunder. 7. Service and Installation Managed Network Solutions shall provide Customer with the Services and Equipment Identified on the first page of this Agreement; provided, however, if Managed Network Solutions determines that Customer's location Is not serviceable under Managed Network Solutions' normal Installation guidelines, Managed Network Solutions may terminate this Agreement. Customer is responsible for damage to any Managed Network Solutions equipment Installed an customer premise for the purpose of the service described herein. Customer may use the Services for any lawful purpose, provided that such purpose (a) does not Interfere or Impair the Managed Network Solutions network, equipment or facilities and /or (b) complies with the applicable Acceptable Use Policies ( "AUP ") which are Incorporated herein by reference. Customer shall use the equipment only for the purpose of receiving the Services. Customer shall not make any connectlons to the equipment which are not expressly authorized in writing by Managed Network Solutions or permit tampering, altering or repair of the equipment by any person other than Managed Network Solutions authorized personnel. Unless provided otherwise herein, Managed Network Solutions shall use reasonable efforts to maintain the Services In accordance with applicable performance standards, however, Managed Network Solutions shall have no responsibility for the maintenance or repair of facilities and equipment it does not furnish. 3. Service Date and Term This Agreement shall be effective upon execution by the parties. Services shall be provided for the applicable term set fonh on the first page of this Agreement. Managed Network Solutions shall use reasonable efforts to make the Services available by the requested service date. Managed Network Solutions shall not be liable for any damages whatsoever resulting from delays In meeting any service dates due to delays resulting from construction or for reasons beyond Its control. C. Customer ResuonsiblllUos Customer Is responsible for arranging all necessary rights of access for Managed Network Solutions within the Customers premises, Including space for cables, conduits, and equipment as necessary (or Managed Network Solutions - authorized personnel to Install, repair, Inspect, maintain, replace or remove any and all facilities and equipment provided by Managed Network Solutions. Customer shall provide a secured space with electrical power, climate control and protection against fire, vandalism, and other casualty for Managed Network Solutions' equipment. Customer shall use the Services In compliance with all applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third ponies. Customer Is responsible for ensuring that Customers equipment is compatible for the Services selected and with the Managed Network Solutions network. S. Equipment Unless otherwise provided herein, Customer agrees that Managed Network Solutions shall retain all rights, title and Interest to facilities and equipment Installed by Managed Network Solutions there under and that Customer shall not create or permit to be created any liens or encumbrances on such equipment. Internal Wiring shall not be considered equipment and shall become the property of Customer upon initiation of Service. Customer shall not modify or relocate equipment Installed by Managed Network Solutions or install any other equipment, Including servers In connection with data /Internet without the prior written consent of Managed Network Solutions, For Managed Network Solutions -owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment In good condition, ordinary wear and tear resulting from proper use excepted. In the event the equipment Is not returned to Managed Network Solutions In good condition, Customer shall be responsible for the value of such equipment. Managed Network Solutions shall repair any equipment owned by Managed Network Solutions at no charge to Customer provided that damage Is not due to misuse, abuse or other disaster Including acts of God. If additional equipment, Including but not limited to, monitors, computers, circuits, software or other devices, are required by Customer to use the Services, Customer shall be responsible for such equipment. 6. Resale of Service Customer may not resell any portion of the Service to any other parry. 7. Default If Customer falls to comply with any material provision of this Agreement, Including, but not limited to failure to make payment as specified, then Managed Network Solutions, at Its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by tariff or applicable law: (I) terminate service whereupon all sums then due and payable shall become Immediately due and payable, (li) suspend all or any part of Services, and /w (Iii) pursue any other remedies, including reasonable attorneys' fees, as may be provided at law or in equity, Including the applicable termination liabilities. 11 IP Address and Ci m In Name R ¢Istratlon Managed Network Solutions will allocate 1P addresses to Customer according to ARIN guidelines, All IP addresses assigned by Managed Network Solutions must he relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP address shall be subject to the IP policy In the AUP. It Customer requests, Managed Network Solutions will register an available domain name on behalf of Customer, and such registration shall be subject to rules Vol � � _.._pg /�9 promulgated by the domain name registrar, which maybe amended from time to lime. Customer is responsible for payment and maintenance of domain name registration. 9. Termination Customer may terminate data and or Internet before the end of the terns selected by Customer on the first page of this Agreement; provided, however, It Customer terminates Service before the term selected by Customer (except for breach by Managed Network Solutions), or Managed Network Solutions terminates Services for Customer's breach of this Agreement or the AUPS, Customer may be subject to a termination liability. The termination liability shall equal 100% of the monthly recurring charges for the terminated Services multiplied by the number of full months remaining in the Initial term commitment and is due upon termination. After the initial term, this Agreement shall automatically renew on a one -year basis unless customer notifies Managed Network Solutions In writing no later than 45 days prior to the expiration date. 10. LIMITATION OF LIABILITY. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL MANAGED NETWORK SOLUTIONS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. MANAGED NETWORK SOLUTIONS SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NELGLIGENCE OF MANAGED NETWORK SOLUTIONS. UNDER NO CIRCUMSTANCES WILL MANAGED NETWORK SOLUTIONS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT. MANAGED NETWORK SOLUTIONS' MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,00D.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER. 11. Assignment Customer may not assign, In whole or In part, this Agreement without the prior written consent of Managed Network Solutions, which consent may be withheld in Managed Network Solutions' discretion. Managed Network Solutions may assign this Agreement and Service may be provided by one or more legally authorized Managed Network Solutions affillales. 12. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND MANAGED NETWORK SOLUTIONS DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. MANAGED NETWORK SOLUTIONS MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13. INOEMNITY Customer shall Indemnify and hold Managed Network Solutions and Its respective affiliates, subcontractors, employees or agents harmless (Including payment of reasonable attorneys fees) from and against any claim, actions or demands relating to or arising out of customer's use of the Service Including without limitation (I1 any content or software displayed, distributed or otherwise disseminated by the Customer, Its employees, or users of the Services, (II) any claim that Customer's use of the Service including the registration and maintenance of Customer's selected domain name(s), Infringes on the patent, copyright, trademark or other Intellectual property right of any third party, (III) any malicious act or act In violation of any lases committed by Customer, Its employees or users using the Services; and /or (N) violation by Customer, Its employees or authorised users of the Managed Network Solutions AUPs. 14. Viruses. Content, Customer information Software or content obtained from the use of Service may contain viruses or other harmful features and Customer Is solely responsible for protecting its equipment and software from such platters. Through the use of the Service, Customer may obtain or discover content that Is offensive or Illegal and Customer assumes the risk and is solely responsible for its access to such content. Managed Network Solutions may disclose Customer Information to law enforcement or to any Managed Network Solutions affiliate. 15. Miscellaneous This Agreement, the tariffs, the documents referenced herein, and the AUPs constitute the entire agreement between Managed Network Solutions and Customer for the Services and equipment provided herein. The Invalidity or unenforceablllly of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. This Agreement may be modified, waived or amended only by a written Instrument signed by the parties; provided Managed Network Solutions may modify the AUP and K Customer continues to use the Service, Customer shall be bound by such AUP as modified. The rights and obligations of the parties under this Agreement shall be governed by the laws of the Stale of Texas. The failure by either party to exercise one or more rights provided In this Agreement shall not be deemed a waiver of the right to exercise such right in the future. Notices required by this Agreement shall be In writing and shall be delivered either by personal delivery or by mail. If delivered by mall, notices shall he sent by any express mail service; of by certified or registered mall, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. 16. Regulatory Authollly -Force Maleure This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance If such failure Is caused by acts of God, natural disasters Including Tire, good, or winds, civil or military action, including riots, civil Insurrections or acts of terrorists or the taking of property by condemnation. Ll. / So2 Pg, �•�� Tf i + o �o • QTY OF Bp' ERIC V. CALDWELL CHIEF INFORMA.TI,ON OFFICER Brazos County'Mkxwell Building 205: East 27ih Street Bryan, TX 77903 edaldwcll@brazoscountytx.gov MEMORANDUM TO; Leslie Williams, Asst. Purchasing Agent V FROM: Eric V. Caldwell',, Chief Information Officer' . DATE. February 5, 2013 SUBJECT: 'Internet Service. Provider Bid Renewal PHONE:. (979)3614310 FAX: (979)'361-0408 Leslie, on January 30a' you asked for my thoughts regarding our Internet Service and renewing through.the bid process. As I explained: then, the IT Department is happy with our current service and does not desire. to change providers. Brazos County has already paid for infrastructure build -out costs to obtain service from our current provider. In 2002 fiber optic cable was run to a demarcation point iii the Qwest building . and this cost was absorbed by Brazos County. Other providers that might bid would. have to include in.their fees similar'infrastructure build -out costs to deliver their service to us.. We obtained ;pricing from other providers last,year when we increased our bandwidth and Teamed then that our current provider is very competitive. Therefore, I do. not believe we would see• enough benefit from changing providers to ever justify the additional cost of new infrastructure build -out. .Further, the intemet service we currently purchase includes a block of IP addresses that we use for public facing systems (think of our websites and other servers that. are publicly accessible or are accessed by outside media and law enforcement agencies). Internet Service Providers have distinct.ranges of IP addresses that they can lease. Therefore, changing our service provider would require: changing these IP addresses. This would necessitate a tremendous: amount of work from my staff and might result in downtime for these: systems. For these reasons, I request that we continue to purchase our service from our, current provider. Vol 1��� Pg. �•j� DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge July 23, 2013 Private Property Access Request permission to enter private property owned by David and Judy Weir located on Blue Quail Lane. Project will reshape drainage ditch to achieve proper drainage along easement. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 1. SUBMITTED BY: V. Salvato at of Way Agent APPROVED BY: loyd Vf� ssermann Commissioner Precinct 1 This request is LJ APPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 7 LZ3l) 3 E. Duane Peters Brazos County Judge Lloyd' Wassermann Commissioner Pcl. 1 Sammy Calalena Commissioner Pet. 2 Kenny Mallard Commissioner Pct. 3 .lime Caulay Commissioner Pct. 4 1. OWNER(S): yP19 ov rV ,8e A o� J "tl BRAZOS COUNTY "PRIVATE PROPERTY ACCESS FORM David & Judy Weir R. Nan Munger, P.E. County Engineer Brazos County Road d Bridge: Dept. 2617 Hwy 21 West Bryan. Taxes 77803 ofte: 979822 -2127 Fax: 979- 775 -0453 tamunger @brazoscounlytx.gov IL ADDRESS: 1609 Blue Quail Lane College Station, Texas 77845 LII, LOCATION OF WORK: Same as above R79900 — Quail Run Estates, Ph 1, Bk 5, Lot 13, 1.0 acre IV. DESCRIPTION OF WORK: Project will reshape drainage ditch to achieve proper drainage along 20' platted drainage easement. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the, undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. r. Owner's Signature: Date: Z` -, R. Alan Munger, P.E. County Engineer Jo : Salvato RI t of Way Accent BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 42.1- 42.3 On this the 23rd day of July 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23rd day of July 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of July 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 42.1 7/23/2013 FUND DIV ACCT. PROD DR/CR ACCOUNT NAME Increase Decrease 0100 91240000 CR Transfer to Debt Service 56,633.00 0100 1 49031000 DR Transfer from HOT Fund 56,633.00 1100 91300000 CR Transfer to General Fund 56 633.00 11001 1 91240000 DR Transfer to Debt Service 56,633.00 General Fund and HOT Fund This is a correction to the General Fund and HOT Fund for budget amendment 40.10. This will propertly amend the transfers between the General Fund, HOT Fund and Debt Service Fund. Vol. _Zf--9_ Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 42.2 7/23/2013 Vol- _ =Pg. A y ACCOUNTNAME -�' Pecollection of funds to cover ove not included in the copier rentallagreement. Vol- _ =Pg. A y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 42.3 712 312 01 3 1 11 I I I I I111 -� II 111 11 1 11 1 1111 1111 -� Court ... . Attorney - Capital 11 11111 - iL�pateS. J W.; b.g7.1e1,7,J Vol ! -Yo . Pg -14�17 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 23, 2013 Department Submitting.lnformation: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Ag. Extension Coufal, Dustin Resignation Juvenile Robinson, Leonard New Hire Road & Bridge Watkins, David Transfer to Another Dept. S.O. Admin. Meine, Christine Resignation Stewart, Walter J. Budget Change S.O. Jail Batten, Jared Resignation Stultz, James Resignation Approved in Commissioners' Court: July 23 2013: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 2012 =2013 i HOTEL OCCUPANCY TAX MEETING JUNE 24, 2013 OWLEDGED Duane Peters County Judge irs_ p. Rr91 Date 3 Brazos County Expo 2012 Events January Date Weatherford Staff Meeting 6th MDE Latino Meeting 7th Wedding Reception 7th TAMU FOCUS Workshop 13th Cargill Luncheon 17th Extension Horse Committee Seminar 17th A &M Consolidated Sadie Hawkins 21st State of Texas Alpaca Ranchers Seminar 21 st Brazos County Extension Winter Crop Mtg 24th &31 st Opas Encore Gala 28th February indusMal Distribution Career Fair 2nd CSISD Education Foundation 50 Men Who Can Cook 3rd American Cancer Society's Cattle Barons Ball 4th Outlaw Monster Truck Show 4th Texas Transportation Institute Motorcycle Safety Mtg 6th Construction Science Career Fair 8 -9th Episcopal Dioceses of Texas Council* 10-11 th Coalition for Life Benefit 16th Hospice Happening 18th Bridal Association of the BV Bridal Show 19th Amazing Receptions 19th Home Products, Garden, and Recreation Show 24th -26th March US Team Roping Championships 1 -4th TAMU Equestrian vs KSU 2nd CASA BV Art of Helping Children 3rd TESS Pipeline Meeting 6th Chamber of Commerce Epicurean Extravaganza 6th TAMU Equestrian vs Baylor 10th Diamonds & Dirt Barrel Race* 15 -18th Ernst and Young Recruiting Dinner 20th Charmayne James Barrel Racing Clinic 23 -25th Chamber of Commerce Crawfish Boil 23rd Quincinera 23rd Aggie Sisters for Christ Formal 23rd Texas A &M Rodeo 23 -24th PWC Recruiting Dinner 26th Hope Pregnancy Spring Banquet 27th Brazos County Youth Livestock Show 30th -April 3rd Aggie Men's Club Banquet 30th TAMU Liberal Arts Donor Banquet 30th Company N1 Banquet 31st TAMU Saddle & Sirloin Banquet 31 st B Company Banquet 31 st A Battery Banquet 31 st April American Quarter Horse Circuit 5 -7th KPMG Recruiting Banquet 1 1 th Health for All Dancing for the Health of It 13th Lion's Club Rodeo 19th -21 st National Walking Horse Association Region 6 Show 20 -22nd Texas Aggie Band Formal 20th TAMU AGR Formal 20th BV Alumni Delta Sigma Theta Banquet 21 st Wedding Reception 21 st Central TX Miniature Horse Show 27 -29th Navasota High School Prom 28th TAMU T Camp Gala 28th May Texas Transportation Institute Day 1 st Texas Jr. Livestock Assoc. Clinic 4 -6th A &M Consolidated Prom 5th Show of Support Banquet* 10th Wrap N 3 Barrel Race* 11 -13th Express Employment Leadership Simulcast 16th Special Olympics of Texas Equestrian 18 -20th Philipp Ranch Team Roping 18 -20th MDE Latino Meeting 19th Brazos Valley Antique Show' 26 -27th Wedding Reception 26th June Southwestern Donkey and Mule Society Show 7 -10th Texas Jr Simmental /Simbrah Show 7 -10th Wedding Reception (2) 9th TAMU Equestrian Camp* 15 -17th Wedding Reception (2) 16th District 9 4 -H Horse Show 19 -21 st State Ducks Unlimited Banquet* 22nd Lonestar Bowhunters Association Banquet 23rd Weatherford Staff Meeting 23rd Wedding Reception (2) 30th July Meeting 19th Philipp Ranch Team Roping 20 -22nd National Jr. Beefmaster Show* 24 -29th Wedding Reception 28th Maroon and White Goat Sale 29th Vol pg. /G/ August TAMU Saddle & Sirloin Livestock Show 3 -5th Wedding Reception 11 th Equestrian Market Day 18th EID Prayer 18th TAMU FOCUS Workshop 20th US Calf Roping Championships 25 -26th September Gulf Coast Paint Hone Show 1 -3rd Brazos Valley Fair* 6 -9th Camino Real Peruvian Horse Club Championship Show 14 -16th TAMU Equestrian Mane Event and Scrimmage 14 -15th MDE Latino Meeting 15th Wedding Reception 15th Brazos County 4 -H Awards Banquet 16th Taste of Home Cooking School 18th Construction Science Career Fair 19 -21 st Piccadilly Circus 22nd All Aggie Alumni Rodeo 22nd A &M Consolidated School Dance 29th October Stock Horse of Texas Show 4 -7th Brazos County Extension Pizza Ranch 10-11 th Greater Houston Quarter Horse Association Show 13 -14th Wedding Reception (2) 13th Texas Transportation Institute DDE Meeting 15th American Council of Engineering Company's Fajita Fest 15th VMCCA Glidden Tour Luncheon 22nd Brazos County Extension Validation 22nd Chamber of Commerce Youth to Career Fair 24th TAMU Equestrian vs SMU 26th EID Prayer 26th Special Olympics of Texas Athlete Village 26 -27th NCEES Exam 27th Brazos County Equestrian 4 -H Horse Show* 27 -28th Brazos Valley Young Life Banquet 29th November Pool and Spa Show 1 -4th Wedding Reception 2 -3rd TAMU Equestrian vs Fresno 10th Brazos County Extension Awards Banquet 12th TAMU Equestrian vs USC 16th Wedding Reception 17th Chamber of Commerce Taste of the Brazos Valley 20th Texas Quarter Horse Assocation Fall Classic* 23 -25th Brazos County Extension Validation 26th Brazos Valley Bowl Game Banquet 29th Texas Aggie Band Formal 30th December Texas A &M APO Banquet 1 st Brazos Valley Delta Waterfowl Banquet 6th District 9 4 -H Southern Classic livestock Show 8 -9th Wedding Reception 8th Coufal Prater Christmas Party 8th New Southwest Bakery Christmas Party 9th Brazos County Extension Validation 10th Britt Rice Christmas Party 13th TEEX Luncheon 14th Graduation Party 15th Wedding Reception 15th Christmas Party (2) 15th New events Bold- Events with significant number of heads In beds Total Event Pending events not included Days 265 Vol.._ Pg. G _._ Brazos County Expo 2013 Events January Date Outlaw Monster Truck Show 5th County /District Clerks Assocafion of Texas Banquet* 16th Wedding Reception 20th Cargill Luncheon 22th Opas Guild Gala 25 -26th Brazos County Extension Winter Crop Meeting 29th Brazos County Equine Seminar 29th February CSISD Education Foundation 50 Men Who Can Cook 1 st Texas ALM Construction Science Career Fair 7 -8th St. Joseph Catholic School Spring Fling Banquet 9th Hospice Brazos Valley Hospice Happening Banquet 16th BCS Chamber of Commerce Crawfish Boil 15th Bridal Association of the Brazos Valley Spring Show 17th Bryan - College Station Home and Garden Expo 22 -24th Texas Mounted Shooter's February Freeze Out* 23 -24th Coalition for Life Benefit 28th March US Team Roping Championships 1 -3rd Texas ALM Equestrian vs Auburn 1 st Lion's 100 Honoring our Heros 1 st Voices for Children Art Auction 2nd A &M Consolidated Sadie Hawkin's Dance 2nd BCS Chamber of Commerce Taste of Aggieland 5th Texas ALM Equestrian vs Georgia 8th Diamonds and Dirt Barrel Horse Classic 11 -17th Paradigm Pipeline Safety Meeting 12th PWC Recruiting Dinner 18th Ernst & Young Recruting Dinner 20th Brazos County Youth Livestock Show 22 -26th Texas ALM College Rodeo 22 -23rd Texas A &M Health Science Center Disaster Day* 22nd Health For All Dancing for the Health of It 23rd Hope Pregnancy Center Reception 26th Wedding Reception 30th April KC Distance Learning State Testing* 1 -4th Texas A &M Beta Tau Omega Banquet 6th Wedding Reception 6th Chilifest Parking 6th American Quarter Horse Circuit /Champion of Champions 11-14th Texas ALM Squadron 20 Parent's Weekend Banquet 13th Texas ALM Company N -1 Parent's Weekend Banquet 13th Texas ALM Saddle and Sirloin Parent's Weekend Banquet 13th ����� Texas A &M B Company Parent's Weekend Banquet 131h Texas A &M Brotherhood of Christian Aggies Parent's Weekend Banquet 13th Bryan Breakfast Lion's Club Rodeo 18 -20th Texas A &M Computer Science Engineering Banquet* 18th Wedding Reception 20th KC Distance Learning State Testing 22 -25th Texas A &M Muster of the Regiments* 22nd Texas A &M ALFPA Banquet 26th Central Texas Miniature Horse Club Festival of Minis Show 26 -28th Texas A &M Transfer Camp Gala 27th Texas Transportation Institute Conference Day 30th May Show of Support Banquet 2nd Gary Blair Charities Golf Tournament Banquet* 2nd Wrap N 3 Barrel Race 3 -5th Texas Science Olympiad* 3rd Texas Junior Livestock Association Camp 3 -5th A &M Consolidated Prom 4th KC Distance Learning State Testing 6 -9th Roping for Hoot Benefit Team Roping* 11 th Wedding Reception 1 1 th KC Distance Learning State Testing 13 -15th Special Olympics of Texas Equestrian Competition 17 -19th Philipp Ranch Team Roping 18 -19th Wedding Reception 18th Workforce Solutions Career Fair* 22nd Capital Farm Credit Conference* 23 -24th Texas A &M College of Veterinary Medicine Staff Retreat* 24th Central Texas Miniature Horse Club Showcase of Minis Show 24 -26th St. Anthony's Catholic Church Reception 25th Bone /West Down's Lamb Sale* 25 -26th Houston Dressage Society Summer Show* 31- June 2nd June Wedding Reception 1st Texas Junior Limousin Field Day 1 -2nd National Walking Horse Show Region 6 Championships 7 -8th Texas A &M Equestrian Prep Clinic 7 -9th Wedding Reception 8th Bryan ISD Training* 11-13th Texas Junior Simmental /Simbrah State Show 14 -15th Southwestern Donkey & Mule Show Texas Shoot -Out 14 -16th Wedding Reception 15th MDE Latino Meeting 15th KC Distance Learning Enrollment Conference* 19th Jake McAlister Benefit Roping* 22nd Wedding Reception 22nd Lonestar Bowhunters Annual Banquet 22nd District 9 4 -H Horse Show 25 -27th Vol. Ing,_�t i KC Distance Learning Enrollment Conference 26th Big Reach Rodeo* 28 -30th Family Reunion 29th July KC Distance Learning Enrollment Conference 3rd Family Reunion 4th Buck'N 4 Veterans Benefit Bull Bash /Concert* 6th KC Distance Learning Enrollment Conference 10th Wedding Reception 13th Texas Pecan Grower's Annual Conference* 14 -16th KC Distance Learning Enrollment Conference 16th Philipp Ranch Team Roping Finals and Production Sale 19 -21 st National Jr. Beefmaster Breeders Association Show 22 -28th KC Distance Learning Enrollment Conference 24th Maroon and White Goat Sale 28th KC Distance Learning Enrollment Conference 31st August Saddle and Sirloin Livestock Show 2 -4th KC Distance Learning Enrollment Conference 7th EID Prayer 8th Wedding Reception 10th KC Distance Learning Enrollment Conference 14th Brazos Valley Horseman's Market Day 17th MDE Latino Meeting 17th Texas A &M FOCUS Workshop 21st KC Distance Learning Enrollment Conference 21st KC Distance Learning Enrollment Conference 28th Gulf Coast Paint Morse Labor Day Classic 31 -Sept 2nd September Brazos Valley Fair and Expo 5 -8th Camino Real Peruvian Horse Club Championship Show 13 -15th Brazos Agri Life Extension 4 -H Awards Banquet 15th Taste of Home Cooking School 17th Texas ALM Construction Science Career Fair 19 -20th Texas A &M Equestrian Scrimmage and Reception 20th Greater Houston Quarter Horse Show 21 -22nd Texas ALM All Aggle Rodeo 21 st Bridal Association of the Brazos Valley Fall Show* 22nd October Stock Horse of Texas Show 4 -6th A &M Consolidated Homecoming Dance 5th Brazos Agri Life Extension Pizza Ranch 9 -10th Special Olympics of Texas Athlete Village 11-12th Texas A &M Equestrian vs SMU 1 lth Texas Transportation Institute DDD Meeting 14th American Council of Engineering Company's Fojlta Fest 14th EID Prayer 15th Great American /USDF Region 9 and Southwest Dressage Champs* 17 -20th Vol. / 8 0 Pg. `� - - Brazos County Extension Validation BCS Chamber Youth to Career Fair Texas A &M Equestrian vs South Carolina National Council of Examiners for Engineering & Surveying Exam Shriner's Club Halloween Show November Brazos Agri Life Extension Awards Banquet Texas Aggie Band Ball Texas State Championship Donkey and Mule Show* Wedding Reception Texas ALM Equestrian vs Auburn Brazos Agri Life Extension Validation BCS Chamber of Commerce Ag Breakfast Philipp Ranch Team Roping* December TCW Christmas Party NSW Bakery Christmas Party Brazos Agri Life Extension Validation TEEX Christmas Luncheon District 9 4 -H Southern Classic Livestock Show Wedding Reception * New events Bold- Events with significant number of heads In beds Several events in 2013 still pending Pg.� 21 st 23rd 25th 26th 30th 1 1 th 15th 15 -17th 23rd 24th 25th 26th 29 -Dec 1 st 7th 8th 9th 13th 14 -15th 28th Total Event Days 297 Brazos County Expo Notable Future Events as of June 22, 2013 Outlaw National Monster Truck Show* Texas Mounted Shooters State Competition US Team Roping Championships High Calibur Gun Show* Diamonds and Dirt Barrel Race Futurity Houston API Cowboy Days* AQHA Quarter Horse Circuit Brazos Valley Symphony Premiere Market* Governor's Cup Grand Prix* Special Olympics of Texas Equestrian American Dexter Cattle Show* AQHA Youth World Cup* Texas Junior Brahman State Show High Calibur Gun Show* Brazos Valley Fair National Australian Shepherd Dog Show* January 11 -12th, 2014 (Pending) February 21 -23rd, 2014 February 28 -March 2nd, 2014 March 8 -9th, 2014 March 10 -16th, 2014 March 28 -30th, 2014 April 3 -6th, 2014 April 3 -6th, 2014 April 11 -13th, 2014 May 16 -18th, 2014 June 19 -22nd, 2014 July 5 -12th, 2014 July 23 -27th, 2014 August 2 -3rd, 2014 September 4 -7th, 2014 November 1 -8th, 2014 U N_ y N N U C iN 0 0 m N C 0 w N N N N N N N 01 00 r b N M N rl Vol. a-) P9.LG� m N 0 N M O N N N O N 0 0 N N I N `o 0 Vol / YA Pg. �jD N N � O J N `y O a 0 E � V O (� y6 PY/ fV O a C N d O O n L r 0 0 U N N LL a � E n h N 0 � N N O } Imp U D LL 00 v N d a E N n d 0 N L O O Vol / YA Pg. �jD CV) O '5 O U 40 LL. >1 CV) C L 0 ..L aw Tai O * BRAZOS COUNTY EXPO Brazos County Expo 2012 -2013 Marketing Report ECONOMIC IMPACT STUDY Event surveys from the first three quarters were submitted last week (6/13). A total of 900 surveys were submitted for a total of 36 events, with 16 of those accounting for inside events and 20 surveys for outside events. Fourth quarter events are yet to be surveyed. The number of event surveys completed in 2012 was 21, with four inside events and 17 outside events. • Dr. Kim Free has assisted in providing students from the Professional Event Manager Certificate (PEMC) program to assist as survey takers. These students receive extra credit for their participation. • Dr. Dudensing has provided us with Qualtrics an online survey program, but unless a student has unlimited data on their cell phones it is not a beneficial means to survey. Surprisingly it seems the students still prefer the paper and clipboard. www.BrazosCountyExpo.com Marketing Coordinator, Melanie Fuller (979) 821 -1438 "ollow us on F=book and Twitter -- -- o - - -- Page I MI VOL ��.2 9• /%� * BRAZOS COUNTY EXPO PRINT ADVERTISING CVB Visitor's Guide 100,000 copies distributed annually to area hotels and attractions, trade shows, events, Texas Tourism Centers, Texas CVBs and mailed to visitors nationwide Free listing on CVB's online interactive map TX Meeting Planners Guide • Published quarterly and targets meeting planners who book small meetings • Listed on www.meetingsplannersguide.com • Distributed in TX, AZ, CO, NM, OK, AR, LA Brazos Valley Bride • 16,000 copies circulated annually — Top planning tool for Brides in Brazos Valley • Online link to Expo Insite Magazine 8,000 copies distributed monthly to paid residential subscribers, business subscribers and general circulation in the Brazos Valley Cowboy Sports News • 15,000 distributed monthly to Texas, also OK, LA AR and KS and MO • Reports on rodeos, barrel racing, calf roping, clinics, team roping and youth rodeos Southwest Horse Trader • Published monthly 70,000+ each month, and distributed to 1,200+ locations WEB ADVERTISING • Texas Meetings & Events • ido- ido.org • QuarterHorseNews.com • Southwest Horse Trader • Central Texas Dressage www.BrazosCountyExpo.com Marketing Coordinator, Melanie Fuller (979) 821 -1438 ollow w on Fwebook and Twitter Page I M2 L /�,3 * BRAZOS COUNTY EXPO Website • Continue to utilize the Expo website with increased blog posts and updated content. • Working on adding advertisements to website while maintaining clean design E- Newsletter • Highlight quarterly Expo events, Expo facts, messages about the Expo. • 427 subscribers Facebook • Weekly posting of Expo happenings, comments, invites, etc. • Monthly targeting of specific industry sectors via advertising blocks. • Increased from 785 to 1,371 with a total of 564,245 friends of fans (up from 341,868) Twitter • Weekly posting of Expo happenings, comments, invites, etc. • Followers increased from 1,009 to 1,282 MEDIA Relationships with local television and newspaper are much improved and coverage has increased since the Expo's first Media Day which was held March 13, on the first day of the Diamonds & Dirt Barrel Horse Classic. These outlets generate tremendous advertising for the Expo at no cost. Press Releases 26 Press Releases have been generated featuring events at the Expo The Eagle has run 7 pictorial stories (these are the ones of which we are aware) KBTX and KAGS each have provided live coverage of at least 5 events recently Community Calendars • BCS - CVB • The Eagle • KBTX • Insite • Best Arenas • Southwest Horse Trader • MyBCS www.BrazosCountyExpo.com Marketing Coordinator, Melanie Fuller (979) 821 -1438 Rogow w on Fwxbaok and Twitter /- _ Page I M3 * BRAZOS COUNTY EXPO Event Advertising The Brazos County Expo is highlighted through individual groups advertising their own event(s) at the Expo. This is the trickle -down effect and we are working to increase this through customer service and support to our clients. Word of Mouth Our most successful campaign remains extensive use of social media and word of mouth people who have attended events at the Expo and/or people who have spoken with someone that has participated in an event at the Expo. Promotional Tools • New Expo brochure that we distribute to clients and use as a follow -up to leads • New Expo writing pens • Obtaining retractable banner featuring equine and livestock events • New website design, providing a user friendly version and ease of in -house updating OTHER Television - Brazos Valley This Morning • Quarterly Spots • Began June 1, 2012 Radio • Use to increase exposure to the local community via PSA's and "Expo Event Updates" • WTA W ad campaign "Bring Your Meetings Home" Sales and Marketing Trips 2012 to Date • Southwest Showcase, Austin — Target Group, State Associations • Austin Sales Calls with CVB — State Associations • Great Southwest Equestrian Center, Katy -Target Group, Breeders Cup (Reining) • Ft. Worth Stock Show — Target Extreme Mustang Makeover, TX Shorthorn, American Simbrah Roundup, National Jr. Brangus Show • San Antonio Stock Show — Target Extreme Cowboy Race, Reality Trail Riding, Match Roping, Kirk Stierwalt Clinic • TSCRA — Target TSCRA Ranch Round Up, Simbrah www.BrazosCountyExpo.com Marketing Coordinator, Melanie Fuller (979) 821 -1438 Follow m on Fauebook and Twiner 63 Page I M4 Pic, * BRAZOS COUNTY * EXPO Equine Print Located in the heartafihe MermpolitanTrlangir, it Brazos County Expo boasts a clean,modern facility Just waiting to show you what you've been missing. Two covered arenas Over 500 Galls Two warm -up arenas, covered and outdoor Gtulosed, climare- controlled announcer stands ,Ample space for meetings and show offices Full time concessionaire 69 Bib Ass fans 5827 Leonard Rd. + Bryan, Texas 77807 (979)823 -3976 www.BMZO$CounryExpo.com Equine Online Brazos County Expo 2012 -2013 Marketing Report Meeting Print More than where horses come to play Did you know, located In the heart of the Metropolltan Triangle, * BRAZOS COUNTY ** EXPO Equine Print Located in the heart of the MetropolitanDlangle, the Brazos County Expo boasts a clean,modern facility Just waiting to show you what you've been missing. Two covered arenas Over 500 stalls Two warm -up arenas, covered and outdoor Enclosed, climate - controlled announcer hands Ample space for meetings and show offices Fun time eonc *sionaire 64 Big Ass fans 78 RV opera . 5827 Leonard U..+ Bryan, Teras 77807 (979)823 -3976 www.Bmzoic—ounryExpe.com Equine Online Brazos County Expo 2012 -2013 Marketing Report Meeting Print More than where horses come to play Did you know, located in the heart of the Metropolitan `friany .1. - n...__.. r,_.._,_ c..__ r <: _. - _._,.__ r.._._ a ,'. e C 1] July 15, 2013 From. Director To: Brazos County Commissioners BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT JOHN D. MCGUIRE, DIRECTOR Subject: Proposed Brazos County CSCD budget for the FY 2014 -2015 biennium 1. Pursuant to the Texas Local Government Code, Section 140.004, a copy of the proposed CSCD budget for the next biennium is hereby filed with the Court. 2. The CSCD will present this proposed budget to the District and County Court-at -Law Judges on July 26, 2013 at 11:15 am in an open meeting. This meeting will take place at the CSCD in the large conference room on the second Floor. 3. Please let me know if you have any questions regarding this proposed budget or any other matter concerning the CSCD. n D. McGuire Pg. /%%' P 0 BOX 2015 0 BRYAN. TX 77806 -2015 a (979) 361 -4410 e (979) 822 -5341 (fax) • u • BUDGET- FISCAL YEARS 2014 AND 2015 DATE SUBMITTED: July 31, 2013 gltr COUNTY. Beams PROGRAM ID N 900 PROGRAM TITLE: Basic Supervision TDCJ.CJAD F%womq _re labc XX Svp� Carracaa^a :royamaCP aregrama tops . mTrenf ARemaln. b IrY.a(CM1.C^+ ' a P if Mis program has PaReel funding from anotner Source. please speedy source and the amount: REVENUE PROJECTED FY 2014 PROJECTED FY 2075 In4al TOCJ.C.IAD Slate -Aia $657.991 S667991 FPF Paymer-ft &a&cSu S20.000 520. Suoarnswl Fees Cv4eq[c Bast Supann&on on _ 51.550.000 S1.550.000 P 1Prpv.Ga aaeas m Supe2M, —v Sdvdu,e, $30.000 S30. Interest v,ranie Bask Suvernsow Pntvb $2.000 $2.000 Carry 9ve from Previous FY 51.275.810 51.275.610 Ovw Revenue IPrrnndo dafad on Supportrng SGred ieb $48.000 S48.. OM intanvad r.amler . ar Pmv ,s w an Su so d.ws 15822431 582.243' CCP Interfur4 Transfer + or Prowde detail on Supporbno Schaeule'. so $0 TOTAL REVENUE $3,511,558 S3,S11,688 TYPE OF EXPENDITURE' PROJECTED FY 2014 PROJECTED FY 2015 SalarasrF. Benthis S2176526 52.176.528 rave4Fumahed Trans -d:hor. 500 582.500 Contract Services for Offenders 586 000 $86.000 Prefesstonsi Fees S 130 240 5130.240 Suooi es 8 Operating E ndrta(es S1 018 392 $1.018.392 Favdies 50 5o Ummes 54.900 $4900 u S13000 513.000 TOTAL EXPENDITURES E $3,511,586 $3,511,558 FOR CJAD USE ONLY REVIEWED BY. DATE RECEIVED: Vol ��� F)q � d C� 11 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY: Brazos 1PROGRAM TITLE Basic Superrs,on PROGRAM 10 Y: 940 TYPE OF EXPENDITURE TOTAL COST SALARIES'FRINGE BENEFITS 1 Fuli•1vne Sala res Posnlon T111e %of row Devoaedto The e3M FY 2414 FY 2015 1 Fua-6me Salaries- Posilicn rifle CSCO Director 100% $95000 $95.000 CSCD Deputy Director 140% 587,546 587.500 Program Superwsor WN) 100% Sao, DOO 580.000 Pr ram Supervisor MB; 104% $71.160 $71 160 Pfoww Supervisor koe i 100% $73.344 573,344 Prograrn S • r SC 100% $71,160 571160 CSO 15! GL 100% 581930 561,930 CSO N (WL" 100% $73,770 573770 CSO III RC 50% 528.169 $28169 CSO III CG) 100% 557,279 $57,279 CSO III BM) 100% $61.800 $61.600 CSO III RM 100% 556.194 556194 CSO it 00' 100% 544.904 544.904 CSO 11 00) 100% $42.519 $42519 CSO 11 1(C 100% S40 OW 540.000 CSO 11 (JL) 100% 536.719 536.719 CSO I - GCS t00% $35 000 SWOD CSO I - AG. 104% 535.000 S35000 CSOI - (BK) t00% 535,000 535004 CSO I . (GH11 100% 535.000 535 000 CSO I - lEm) 100% 535,000 535.000 CSO) - open 100% $35,000 535,000 Budgei Manager C 100% $64000 $64.000 CaseworkerrCase Axle (AG) 104% $28919 528.919 Casaworxwr Case Ads C 100% S29754 $29,754 Case»erxertCase Aide tDW) 100% 548.733 348133 Bookkeeper (JC) 100% 531.926 531.926 Bookkeeper (AK) S25474 525.474 Adm. Support IC (AP) 100% 544.187 544.187 Adm. Support Clencal (CP ) 100% $33.575 $33.575 Adm Support I Clencal) SB 100% 521298 $21.298 Adm. Supoornil Clancal (RH) 100% 526496 $26.496 Lo evr P91 520640 Overtime Pay 100%1 510,000 $10,0(X1 '..increase for Spec& Positions 100 %1 S16,00 516.000 Morn Pa ,,. 100 %, S46A00 $46.000 adwmr P" a iwtasuay : Otel Fug4 m Salaries $1,638,450 $7.838.460 FO. LY02 0 • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 • u SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY. Brazos PROGRAM TITLE: Basic Supervision PROGRAM ID C: 900 TYPE OF EXPENDITURE _ _ TOTAL COST RAVEUFURNISHED TRANSPORTATION _ Basis of Cost ( FY 2014 FY 2015 1. Travel a. Mriea a S1C.000 st000 b. Per D,em S15,0W $15 OCO Total Travel $25,0001 $25,000 2 Furrzned Transponatncn a Vehrese Purchase Lease (Include separate justification for any new or replacement vehicles) FY 2014 FY 2015 New Vehicle • two of our current .enrnes have w excess of 100 OW miles S40,OW i S40.OW b. Vehicle Operating Monthly Cost FY 2044 FY 2015 I Maintenance 58 000 58.000 11. Fuel l 3T.00g 37 WO 0l. Inamance Si. 52.500 IV. Other i eticle Accessories Mobile Rail e ' Total Furnished Transportation $57,500 567,500 TOTAL TRAVELIFURNISHED TRANSPORTATION $82,500 $82,500 INVENTORY OF VEHICLES +maxe model serial numoer ccrront mina e. c_u_rrentr rovWed for r ram: Year/Make/Model Serial Number Current Mileage 2006 Chevrolel Impala 1GI W858KX69310008 91.732 2007 Chevrolet Impala i 2G1Wl3MK —,9221790 88,453 2011 Chevrolet Malibu i 1 G12B5E 138E 169695 33 224 Vi _.. /d pg. /if /- 1 • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 'CHIEF COUNTY: Brazos PROGRAM TITLE Banc Supervision PROGRAM ID e: 900 TYPE OF EXPENDITURE _ TOTAL COST CONTRACT SERVICES _ -- Bass of Ccst FOR OFFENDERS (UNIT RATE PERIOD. List Provider & Type of Service: FY 2014 FY 2015 N contracting for residential beds, indicate number of offenders served, number of days funded per offender, and unit cost per day as: a offenders x a days x cost per ry. If contracting for outpatient services. Indicate number of offenders served, number of hours provided, and coat per hour for both Group and Individual. If contracting for other services, i.e. assessments, GED testing, psychological exams. Indicate number of offenders served and coat per each. f I Interpreting Deaf Services, East Texas Cemer.. $SOJhr ) 51 Ono ' $1.000 Polygraph Exams (Stuart Ervin 8 Marta W,ilrams $2%nlut $2.006 (2,000 Substance Abuse Assessments I SVCASA. Amy Brain. LCDC. Sonny Casettes, '.LCDC, Pam PedRZ, LPC LCDCI 1554 - $250i $3.000 $3.000 Substance Abuse Group Counseiing i BVCASA. Amy Brown, LCDC, Schiff Deseret, LCOC. Pam Penitz. LPC LCDC) {S97 - 5259? $15.000 $73000 Substanm Abuse Individual Cciumseffing I BVCASA. Amy Brown. LCDC, Sonny Casares LCDC, Pam Per'itz LPC. LCDC) $4.000 S4000 PsycheiogicaltAnger MgmVSex Offender EvaWabons (TAMU Psych Dept. Roy Luepnitz PhD. Anna Satterfieio PhD) $200 -$300 per eval $35,000 635.000 Counseling Mentally Impaited�,Famity,`PSyctta""V :Anger Mgmtt Group - TAMU Psych Dept. Roy Lue0hR, PhD Anna Satterfield PhD, Pam Per*L LPC LCDC) t DO4250 per group S5,D00 55.000 Unr alysis and Confirmations - Recovery Healthcare Corporation $18.000 $18.000 Medial Exams Texas Avenue Medical CIn ci $400 ea 5500 $500 Psychiatric Evaluations Mahesh Dave MDi $250 -$500 5500 $500 Counseling Individual Mentally ImpMredlFamlfyiPSychoiogicaUAnger Mgmt IRcy Luepndz, PhD, Anna Sattethed PhD The Counseling Center} $60.590 per hour 52,000 $2.000 .TOTAL CONTRACT _ SERVICES FOR OFFENDERS $66,000 $66.000 NOTE: CCF vendor budgets and contracts are required to ix submitted to TDCJ-CJAD's prior to expenditure of funds for fMae vendors.. /0 0 11 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY. Brazos : PROGRAM tME Basic Supewmion PROGRAM ID /: 900 TYPE OF EXPENCITURE TOTAL COST PROFESSIONAL FEES Basis of Cost FY 2014 FY 2015 1. Fiscal Servke Fee (Funding ■00751 I 2. Other Professional Feet tWeclyj - S1aff Tmrnng S8 000 $8.:000 Linen mberships (See Fin. Manual) Slow S2.000 Regrs"tronFees $7:01X1 S7, W0 ■finals 3 Uabikty trs. 514,00D S14,0M CSR dnsuaance 51000 33.000 Auda Fees STO. 0 $10,0 Computer software provided by ?rd party $75,240 S75240 Legat Fees S 10 000 1 MOW sccr; -ce: Locator SeNice Fee 51.000 $1,0001 OTAL PROFESSIONAL. FEES $130,2401 $130,240 VOL _ /a Pg. ��j_ • 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY Brazos ,PROGRAM TITLE. Basic Supervision PROGRAM ID 9: 900 TYPE OF EXPENDITURE" TOTAL COST FACILITIES ,For CCF or TAIP In-house Residential, total number of ibeds Mina funded: Bass of a RenavatdonrConstruCian. Cast F'Y 2414 FY 2015 (Prior TOCJ -CJAD approval required.) b Faculy maintenance CCFs or TAIP In -House Residenval Only) c. Renttease (Prior approval recitAre d. Lease - Purchase (Prior approval reg.) e Other Faddy enditures ie G. TOTAL FACILITIES SO 3o' u 0 • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 -CHIEF COUNTY: Brazos 1PROGRAM TITLE. Basic Superwsion PROGRAM ID A: 900 TYPE OF EXPENDITURE TOTAL COST Quantity EQUIPMENT & i FY 2014 FY 2011 Unit Cast I $cc_'q ems^ rm-' Mur TDCJ CJAD .P M I ggyj y �} Pteq }5,ppe far DP u TAIP .) i 3 i 8 Repans to atkmvibie a fA 51,00E 51 _occ E u- mzm $4.000 S4 WO E wpment Faced Asset) 56:000 $9....000 OTAL EQUIPMENT 513,004 573.009 Pg. �a� 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 Vol. /9-V Pg, ���_ E E • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 bkIEF COUNTY. Smos PROGRAM TITLE Bastc Supervrmn PROGRAM 10 ft 900 COUNTY CONTRIBUTIONS FACILITIES. UTILITIES 8 EQUIPMENT APPROX- COS{ 1. Items actually provtdod by the coup dut FY 2071' FY 2014 Te one - Long Distance 41,300 Ta hone $1. $70.000 Furniture 52,000 r Lease WSW E ' tt�re Maintenance Stool TOTAL fW FY 2014 S8t,700 2 Addiuxatal Item$ to be pmvxW by tha county during FY 2015: FY 2015 T - Long Distance 41, Telephone $1,3w 570.000 FunAure Y2,000 Copiar Lea$tt 58.500 I ...5300 '.. MMaintenance . AL far FY 2018 1 581:700 For FY 2014 and 2015: Approximate space provided by County at no cost to this program: 220,0000 square feel. BUDGET- FISCAL YEARS 2014 AND 2015 • DATE SUBMITTED: Ju1v 31. 2013 FVo I 2 i • I SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY Brsms JPROGRAM TITLE CCP - SuwsO ADuee S� PROGRAM tDs 16 TYPE OF EXPENDITURE TOTAL COST SALARIESfRINGE BENEFITS I . Ful.Wm SAWM Pawm T'dw %of Tlme Devoe0 m Thee PMM I FY 2014 FY 2015 - i Fui*ne SadAries -Penman Tme CSO 0 (ALA 100% $57 474 S57,479 CSO00 •00% 574541 534. Sal { LwKwldy $1 440 $1 "a eeeevr man i ftc riF TOW fu641me SWAee VMAMI 566.466 Vol __� 8a Pg. -_le% is SUPPORT" SCHEDULES FOR FY 2014 AND 2015 COUNTY WOM TITLE. CCP - S74$tar" Abuse Services PROGRAM W 9'. 14 TYPE of EXPENMTUAE ( i TOTALCOST Pmt -Tbma % of Titus. f Pamew TA& to Poe FY 2014 FY 2015 TOM Part-Time Sawevin m S6. oW SNaMS PT and Fn SM460 $99,460 1. FMpa BWWKS Besi6 4? Caw FY 2014 FY 2015 a. R t 14 W% Si 3.764 $73..794 b. FICA 165% $7.532 $7 532 G d Oew i tow F 521.317 $21,3W TAL S+LL..ARIESOW040E WeWTS $119,777 k 4119,777 Vol. • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CMIFF C01,01TY 8razoa 1PROGRAM TITLE. CCP - Sutmmnca PROGRAM W *, 16 TYPE OF El(PEWTURE TOTAL. COST tRAWLIFURNISHED Baas of -..:.. '. TRANSPORTATON Cat FY 2014 FY 2015 I Trereol e.. WADW 5800 $300 0. Per Diem 31 SIX $1 91[1 oW Travel 31,160 $1.800 F_ T av (Include "partial JuatRkation Im any new or replacement vetliclea; r TDCJ -CJAD spproyal required.) FY 2011 FY 21;15 4 'Jenxye OFleraflr?9 Monihcy EApdr"es Cast FY 2014 FY 2015 I MwmraMe fll ir�rome _ ry Over ra faride, s Mobdo Redo dal €emishM Tremporpdion $0.: $0 TOTAL 9MVEWUNISHED s TRANSPORTATION INVENTORY OF VEHICLES make t rMOW .? aerva+ nwf w 1 WWI m vala0 8N DrOMM, YearlMakelModel Serial Numb" Current Mileage 0 • • SUPPORTING SCHEDULES FOR FY 2014 AND 7015 CHIEF COUNTY Snzce JPROGRAM TITLE CCP - SubatsrGe /Wise Servras PROGR11MID t 16 TYPE OF EXPENDITURE TOTAL COST CONTRACT SERVICES Be" Cf Cost FOR OFFENDERS ,. UNIT RATE) PEAhM List Provider & Type of Service: FY 2014 FY 2015 it corarac r6 for residential bads, hdiub number of offenders sanwd, number at days funded per offender, and unit coat per dry as: Y offenders x 6 days a cast per If contracting for outpatient services, tndlrass number of offenders served, number of hours provided, and cost per hour for both Group and Individual. if contracting for other services. Le. assassmenb. GED testing, psychological inns. bdlasa ameba of oRanden as and cost par each. TOTAL CONTRACT SERVICES FOR OFFENDERS 30 60 NOTE CCF vendor budgets and contracts are required to ba submtted to TDCJCJAD's prior to expenditure of funds for these vendors_ I ,h,i- / 9 _ �9z J 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY B +ems 1PROGRAM TITLE CCP . Substance Ab: SONK n PROGRAM 10 tF. 16 tNT£RFUNO 'n:nR.na v 0" are s1+e w &a Fro0ram S.dgn S-Mm X `/ TRANSFER as � b ro "e far a+!es R "Wn to FROM TO AMOUNT AMOUNT Intarhnw Transfer FY 2014 FY 2015 Fr WC BUC S.Oar T%� ' TO 16 CCP ACti se Ser'. ' 5,6025 Se 025 1�.1e+Aaw raosrer -, das -c i !ne R4w 80 sudomrn t h. r me �n a" Cudgel OTAL INTEtFUND TRANSFER $6.025 W-M OTHER REVENUE AMOUNT FY 20!4 AMOUNT FY 26!5 d odler reve w (list an Nam) OTAL OTHER REVENUE I 50 Sb AMOUNT AMOUNT PAYMENTS BY PRQQRAM PARTICIPANTS Ff 2014 FY 2015 d PayrrAm by Program Pam=sms (ass all Tama) s Im-7 PAYM3RS BY PROGRAM PARTICIPANTS 50 $0 ga i93 BUDGET. FtSDAL YEARS MA AND 7015 DATE RMNOTED, l: Zt _v"3 • Vo ►. / Pg.1 SUPPORTNG SCHED"S FOR F N14 PHO MS 0 I Col. - SWPORTV4 $OW4"ES FOR FY 3914 AND M19 g SUPPOffnNG SCHMLES FOR FY IM4 AND IMS SUPPORTING SCNFDUtFS FORM 4 AND MS IEOI- BUDGET- FISCAL YEARS 2014 AND 2015 • DATE SUBMITTED: July 31, 2013 C • d V �� Pg._°?d • • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 Vol. 9�- I SUPPORTING SCHEDULES FOR FY 2014 AND 2015 r 1 LI tEF COUNTY':. Brews IPROGRAM TITLE: CCP - Sex Offender PROGRAM IP a: 14 TYPE OF ExPENCI TuRf TOTAL COST .. Part -Tana Satanes % of TN" PosMon Title, Devoted to This Propawn FY 2014 FY 2015 Ll Part -ime Salaries s6'. ota1 Salahs I PT and FT! FrVW 8erwft Be," of Cost FY 2014 FY 2015 a. Rowernent 14 55,634 5s,ti34 D. FICA Wxh 7.63% 53,078 $3:079 c %" It Deter r oral FinaBene6ls 58,712 S8,712 OTAL 3ALAWE&FRINGE BENEFITS 548,852 549.452 • • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 ExpomMom AMOMM 1 von. Pc • E SUPPORTING SCHEDULES FOR FY 2014 AND 2015 fEF COUNTY Orazos PROGRAM TITLE. CCP -Sex Offender PROGRAM 10 M: 14 _.. 7ERFQN5 9n .are stsrntr+ an 14 P"Ww Bwgm u . . TRANSFER as at ante b, Reason, ftxr FROM F TO AMOUNT AMOUNT Interfund T A "'m FY 2014 FY 2015 Fmm 9W Basit SinwAsw TO 14 CCP Sear OffWWW S2.473 Transfer ftm Base Suite the Rkw 50 . . ert for OR$ budget d TOTAL INTERFUNO TRANSFER $2.4731 52,473 at Pwfrrwnu oy pm gram Qa .. Y (list ON mor") SUPPORTING SCHEDULES FOR FY 2014 AND 2015 S9 pg. Vo�.1._� v` . • • a. Waage 5540 5500 b. Par Diem 52.900 S2.M Total Travel $2,509 $2,500 2. Furnshed Transportation a. Veft* Purclfase7Lease (Include separate justification for arry mw or replacement vehicles FY 2014 FY 2015' 50 b. Ver cis CoeratN Montrq E vast FY 2014 FY 2015 I. mamters .m II FiK3§.. tIl insumme tY. O?+rer Is '-ft Ahw;Io Aco s f While Radio Total Furnished Transportation so so TOTAL TRAVELIFURNISHED TRANSPORTATION $2,500 ......... $2,500 INVENTORY CF V£HICL£S make! modt*i «eaai rumtrer! cunenl muse e1 current 'av+dsd lo! YearfiMakslMedal Seta] Number ram' Current Mileage • 80? r2 0s 0 • • BUDGET- FISCAL YEARS 2014 AND 2015 DATE SUBMITTED: July 31, 2013 /J�a o?a SUPPORTING SCHEDULES FOR FY 2014 AND 2015 i 1 LJ a 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 HEEF COUNTY. Brazos PROGRAM WILE. DP Hot) M8wum ,._. PROGRAM ID k 15 _... TYPE OF EXPENDITURE TOTAL COST 2- Part -T>ma Saiaaes % of Wm- Posgw Tie: DevoW to ThM ProWyn FY 2914 F t^ 2015 Toisl Pen -Time Salaries 3o otal Salaries ( PT and FT) $158,3U8 __. $169,348 3 . Fri Benefris EtaS�s of s Cast FY 2014 FY 2015 a. Retirement 14.00% 321,043 $21.043 b. FICA Matching 7,66% (11,41" 511.484 c unwnplaynnent 3 Fnfigs eenefils_._ .. ., . 532.542 332.542 t-2oral TAL SALARIESIFRINGE BENEFITS $182,661 f182.8St Vol, _/ �� pg. Jog' L A 11 i SUPPORTING SCHEDULES FOR FY 2014 AND 2015 /Y-z 02 a9 • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY: Bmms PROGRAM TITLE. OP - High Medium Redua*n PROGRAM IO is 14 MERFUNO ImwfU c wjnsfant are sh4 n on mr P ±Ugram 4udget Summary TRANSFER ......................... as t4 mvVe r Sv um w . as+.s Reason for FROM t TO A -MOUNT AMOUNT Trafec to w -_;. FY 2014 FY 2415 Frew: 94 Bata Suprr mm TO, TS OP High Medium R,educim $25.37$ 525.374 In a rat; 4t m :.. w des tm Roor v ump4tmerd ftr e empfavom in TOTAL INTERFUNO TRANSFER $25.374 $24,374 AMCjN- AMOUNT. OTHER REVENUE FY 2014 FY 2015 Sources Of mnef re ende just All arms} TAL OTIAER REVENUE $0 $4 AMOJNT AMOUlIT of Payments by PMQTarn PwWWft 11121 all Nsma }:: Vol, 1,g �/O • • BUDGET- FISCAL YEARS 2014 AND 2015 DATE SUBMITTED: July 31, 2013 lr1 u • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY: Brazos PROGRAM TITLE: OP - Me impaged ROGRAM IOC S TYPE OF EXPENDITURE TOTAL COST SALARIESrFRiNGE BENEFITS 1. FuU -time SaLwws Position Tak: %of Time Devoted to This Program FY 2014 FY 2015 1. Fus-4miI 5atanes— POS?1wn TAW: CSO III RCOM 50% S25.0" $25004 CSO it {ASumvant 100% 545,853 $45.853 ST20 5720 I Faaen tlaedui t nKSS6ar)'; otal Fu114bm Satarba ST7,Stt $71,5TT Vol. �8a Pg. 02/,2 • • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY: Brazos PROGRAM TITLE' Top- Mentally impaired PROGRAM ID S: 9 TYPE OF EXPENDITURE TOTAL COST 2. Parl -Tens Salaries 7 % of Tima Devoted to Thos. Program ._.... _ ...... FY 2014 FY 2015 Total Pa:? -Pore Salaries SO SO Total Salaries ( PT and FT) 571477 $71,577 3 Fcnge Bene5ls of Coo FY 2014 FY 2015 a. Rehrern lm 14.00% $10,021 . $10021 b. FICA mmhing 7.65 %. $5:470 S5A76 '.. t. UrAwnpoyntent d otai Fri a Benefits S15,496 MASS OTAL SALARIESIPRIRGE BENEFIT$ b 587,073 587,07] Vol. � 8� p9• 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 / So2 pg_ "Z/Sz • BUDGET- FISCAL YEARS 2014 AND 2015 DATE SUBMITTED: Juty 31, 2013 CHEF COUNTY. 8win PROGRAM ID * 3 PROGRAM TITLE: DP - Substance Abuse TDCJ.CJAO FurMmg: (check a^.ty are SUPWAson XX cmmuity Cmecriaru Pmgfams tCCP) Propmns (DP) beat^! -M A*~e to 1 w rairaricn TAIPI 11 this program has partial funding from another sduroe, please specify source and the amount: REVENUE: PROJECTED FY 2014 PROJECTED FY 2015 Initial TDCJ -CAD State -Aid $126,029 $120,029 SAFPF P Buic Su rnsrat on s0 s0 Com+nwnity Supervision Fees Collected (Basic Supervision o $0 s0 Payments try Frog, Participants Provide detail on Supponng Schedule s0 s0 intentist Income jeask Supervision On s0 s0 Carry Over from Previous FY $0 s0 Other Revenue vide detail on Supporting Schedule s0 s0 Irgerhma rmnsfar * w - Provde octal on Sqpordq Sdw"W $16,739 316.739 CP lmedund Transfer +or - (Provide detut on Supporting Schedule $0 s0 TOTAL REVENUE $142,768 $142,768 PE OF EXPENDITURE: PROJECTED FY 2014 PROJECTED FY 2015 Salaries/Fringe Benefits $126,506 5126,506 raveVFumished Transportation 30 $o Contract Services for Offenders $16,262 $16,262 Professional Fees so s0 Supplies 8 Operating Expenditures s0 $0 Facilities s0 $0 Utilities s0 so Equipment s0 30 TOTAL EXPENDITURES $142,768 $142,768 OR CJAD USE ONLY EWED BY: DATE RECEIVED: Vol. �02 pg/ E • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY: Brazos PROGRAM TITLE: DP - Substance Abuse PROGRAM IDS: 3 TYPE OF EXPENDITURE TOTAL COST SALARIESIFRINGE BENEFITS %of Time 1. Full -time Salaries Devoted to Positron Title: This Program FY 2014 FY 2015 1. Full -time Salaries— Posftion TiW CSO It 100% $39,469 S39.489 CSO N (dG ) 100% $63,323 $63,323 . Longevity S1.200 $1,200 a�r§tioral Pis it necessary -) iahl Full -tlma Salarlea 5103,992 5103,992 8 von / �y._�/6 • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY Bwd ROGRAM T TLE: DP - SUGS:Jme Abuft PROGRAM 10 a: 7 TYPE OF EXPENDITURE TOTAL COST 2 Far -TTne. SaWa Pose Tme: % Of Time De oied to This PmWam FY 2014 FY 2019 otai Pan -Torte Saianes SO so oud Salaries (PT and FT) s 107.493 i1 BeneD's Bass of Cost FY 2014 F'¢'2015 a, Rebtemant 14 04"- $44 559 14 o F" MafdwV 7.69`r S7955 VAN e- LOsIsmisorwl 09w fH'ar Fnnoe Benefits $14 - S23 514 TALSALARJESiFRiNGE BENEFITS Sf48,0BK S-Im 0E Vol. 0 CA pg, P21117 • 1� u SUPPORTING SCHEDULES FOR FY 2014 AND 2015 9 €EP CLA;Ni rY Brazos PROGRAM TITLE: DP - Substance Abuse 1PROGRAM ID 0: 7.. TYPE ti•: EXcHc „,.:RE TOTAL COST :;ti N nrtti;T SERV!,C'ES Basis of Cost FCR OFFENDERS (UNIT RAE =' PER1001 List Provider & Type of Service: FY 2014 FY 2015 ff conbxtimt for resident ar beds- molicate number of offenders served, number of aye funded per ofTender, and unit cost per day as: a offenders x a days x amt per it contracting for outpatient services, indicate number of offenders served, number of hours pro aged, and cost per hour tow both Group and Individual. cortVSct for other services, i.e. assessments, GED testing, psychologiml exams,,:. icate number of offenders served and cost per each. . cane. dssams:ar>oar: $75D S'Sti rxw3eave+*red Ni'.x6> 1 aaxe. - a?xodKO- s3 sew $7.5410 $7,500 6 4ytei} of Pw Mal t4'..'/r� Lzoc ,maa. .:.,e�i>*•r.. 52.013 $2.012 Mgr 0. SW”' Recovery eleaftficare (SS -59 per test fit - 15.50 per " ) x,000 58.000 TOTAL CONTRACT SERVICES FOR OFFENDERS $16,262 '.. $16.262 NOTE: CCF vendor budgets and contracts are required to be submitted to TDCJ-CJAD's prior to expenditure of funds for the" vendors.. • SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COUNTY: Brazos 1PROGRAM TITLE: DP - Substance Abuse PROGRAM ID 6: 1 INTERFUND MluruurW hanafMa are strewn m err Pragrum euagee Summary TRANSFER of 4aaowh m revatwe tar grar 4 pot fram s Reason for FROM TO AMOUNT AMOUNT interfund Transter ;.wors.ar.. FY 2014 FY 20T5 tom. 909 Bast[ SupeNmjw O.3 DP Substance Abuse Si6,739 S16.739 itrlerfund MOW from 9asu superv,S� includes :fte Rider 00 supetemeri fcJ d+e phoyees 0 MA budget TOTAL INTERFUNO TRANSFER $16,739 OTHER REVENUE AMOUNT FY 2014 AMOUNT FY 2015 Sources of other revenue filet all Horns): I TOTAL OTHER REVENUE Sol 56 PAYMENTS BY PROGRAM PART14:7FANTS AMOUNT FY 20t4 AMOUNT FY 2015 cu�s of Payments by Program Padkcpar" Met an horns). TOTAL PAYMENTS BY PROGRAM PARTIOPANTS f0 $0 • C I� L J BUDGET- FISCAL YEARS 2014 AND 2015 DATE SUBMITTED: July 31, 2013 C�WF COUNTY" 9r 777ROGFAMID* 2 PROGRAM TITLE DP - $-igh Risk M h Need RMPMW tU-J ZJAD comfy fa ,avr are SuP4fvimn Pfvq sm Cca, Pmq� iM ,awer4 Aarnrss m lPCr W ,T u , It nS OrDgfam rugs Farhat f o cbrg from ar et W SoUrCe. dense sPwty sowrce arod tF4f aR urt REVENUE PROJECTED FY 2014 PROJECTED FY 2015 kahal TDCJ -CJAD State-AA 230 S50,230 SAFPf Ptffws k8aoc S *W oft SO s0 i Sup—,n Fees CZft a (Bates SO $0 b Pmg Pancci b Pmoda dmW m Su qpprgM ScWdumr $o 50 m n+cama +84aa S $0 $0 Over from PrewouA FY S0. SO Aww jpr dew &4pmm Sdma" $0 s0 kerta Trane.l•w MW Sch@*AB1 $11,254 511264 CP,WAO,w�d Tbmdw. n. tPf&AU WAdm &*PwWg S&4dWO $0 SC TOTAL REVENUE $61,494 $61,494 TYPE OF EXPENDITURE- PROJECTED FY 2014 PROJECTED 1Y 2015 SaowWFnroo B&Wfts 559.494 $55.494 feseWwr"hsd Tr . spmunw i0 SO Conqw Seav/ees by $2.000 52.000 Fees $0 SO 8 Operong Exoenwwm SO w FWAM" i0 $D ena Sol SO $D se TOTAL EXPENDITURES $61,494 $61,494 CJAO USE ONLY WED BY DATE RECE4VED k Vol. SUPPORTING SCHEDULES FOR FY 2014 AND 2016 Vol. / �v�,_ Pg.ei.2�- CKEFOOUNTY : Brazos PRt'kGA.AM TITL5:..... DP . fi k R+5* High Need PROGRAM 0 f: 2 TYPE OF EXPENDITURE i ( TOTAL COST.. SAIAR�SSMNGE BENEFITS X of Time t Fti Ce Ved %, Po%tw Toe T�,s P,2Zgm FY 71} 14 FY 2615 ?. F Saiw Tx*' CSO Gi 5. us Ise S48.166 $720 $720 FWN* x$000"' Vol. / �v�,_ Pg.ei.2�- SUPPORTING SCHEDULES FOR FY 2014 AND 2015 11 Cmu COUNTY TTTLE- OP. Hall RAk Hoo New PROGRAM fD s: 2 _. _.. TYPE OF EXPENOTURE TOTAL. COST 7wo % of Time posolyt TGd: Devcmd to T?m 4 FY 2014 FY 2015 ToW Pat -TV w Uwm a SG SO ool SaNrfn i PT and FT) 948,94!4 MAN 3 FmW Bcrwft 0 _.......... Gast FY 3014. FY 2015 a Raw~ 14 00 $6.847 $6,847 9. F6CA... 7 %S% ° S1741 S3741 1 I Fw 8,,ft .. _... _.... SfO..._588 $1050 .At, NGE BENEFIT'S 35Si184 588,4W 11 • 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 CHIEF COuNTY. Brazos PROGRAM TITLE: DP - Hip Risk MQh Need PROGRAM 10 R: 2 TYPE OF EXPENDITURE TOTAL COST CONTRACT SEWCES Basis of Cost FOR OFFENOERS ;UNIT RATE ! PERIOD) List Provider & Type of Service: FY 2A 14 FY 2415 jif contracting for residential bede, lndican number o/ offenders served, number of Nays funded per ofNMer, and unit coat per day es: 9 offenders x M days x coal per .day ,ff cormsctiinq for outpstlem services, indicate nwnber of olfeMars served, number Rours provided, and cost par lour ror both Group and Individual. `M conVecUn9 /er otluer esmces. re »sassunenb, GED testnq, psychological A rams ndiC.a(e nVmne! of w4widela somd and Coal pet each. .:_ +<r -.� Mc.ea•r " :mc!2 FY'1d`y Fgpyypyy:_¢ SLAW $1..000 '._ >'.,'y $1 ON S7 AAD I ; TOTAL CONTRACT ERVICES FOR OFFENDERS N F vandnr hudnem and ca ntracm am rc uired td be sU a vendors.. Vol P9 - ^ -�1 0 SUPPORTING SCHEDULES FOR FY 2014 AND 2015 COUNTY &a= PROGRAM TITLE- DP H n R,U H.. n Ne TOTAL, PAYMENTS BY PROGRAM PARTICIPANTS PROGRAM of: 2 WTERFUND TRANSFER remefwtl mrvc a,•e rrc.n r. sm :'07w m' a +44st Sumrnary has sozn ro � , Reason for irCetuna TtaniRlr. FROM 1 TO AMOUNT FY 2014 AMOUNT FY 2C t 5 Fram 900 Baac Suoarnsion TO, 2 DP High Fisk High Nesa I nw--r4 r_ransler Tom Saws S'04ry n ;' c"clsis Via Rider 6C 1�pptsmwm tat Cie =yes in mcs WyaglRt 511 2u $11264 TOTAL INTERFUN TRANSFER $11.264 (11284 I OTHER REVENUE AMOUNT FY 2014 AMOUNT FY 2015 sw-ces of orw ;even.e (111111 all KM S) aTAL OTHER REVENUE f0 So 10 AMOUNT AMOUNT PAYMENTS BY PROGRAM PARTICIPANTS FY 2014 FY 2015 SOW of Payments by Pto9mm PismclFants (list all Items): ` fi TOTAL, PAYMENTS BY PROGRAM PARTICIPANTS to