HomeMy WebLinkAbout2014-07-29 10:00 AM REGULAR MEETINGF�
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON JULY 29, 2014 AT 10:00 AM IN THE
COMMISSIONERS COURT OF THE COUNTY ADMINISTRATION BUILDING,
200 S. TEXAS AVE., SUITE 106, BRYAN, TEXAS —PHIS REFLECTS A
CORRECTION TO THE LOCATION OF THE MEETING*
Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Cauley.
2. Call for Citizen input and/or concerns.
3. Presentation(s)
Presentation regarding Delinquent Property Tax Collection Activity for the period of
January 1, 2014 through June 30, 2014.
Consider and take action on agenda items 4 - 23:
4. Consider and possible action on site plan for the donated cabin to be located at the Boonville Heritage
Park.
5. Approval of the job description for Temporary Attendant Building and Grounds 11040 hours) for the
Expo Center, Class 832, Position 12.
6. Consider and take action on request from Constable Pct. 4 to receive items from the Texas 1033
Surplus Property Program.
7. Request approval for an increase of $500.00 to the Change Fund used by the Expo staff for selling
shavings renting RV spaces and renting horse stalls during Expo events
$_ Approval of the Brazos County Clerk Archival Plan to collect a $5.00 fee for court filings and $7.00 for
non-court filings.
Brazos County District Clerk Archival plan to collect a $10.00 fee for court filings.
Vol. 204 Pg.
10. Permission to advertise Bid Contract No. 2014 -31 Tree Trimming and Removal Service.
11. Renewal of contract with Gendron & Thibodeaux for legal representation of indigent juveniles.
12. Renewal of contract 2014 -65R Citizen Collection Site Trash Pickup with Texas Commercial Waste.
13. Discuss and take possible action on a contract renewal for residential services for juvenile
14.
15.
16.
17. Tax Refund Applications for the following
• a. College Station Auto Parts - overpayment - $65.25
• b. E A of Aggieland - overpayment - $15.27
• c. Glen H Huff - overpayment - $ 88.50
• d. Patricia R McCulloch - $371.30
• e. Kelley & Leanne Pack - $95.65
• f. Kelley & Leanna Pack - $10.23
• g. Boyd & Susan Pruitt - $71.23
• h. Thomas Scanlin - $124.14
• i. Rodney K and Mary L Rudasill - $427.73
18. Budget Amendments.
Budget Amendments FY 13/14 41.1 thru 41.5
19. Capital requisition #00047808 to MCCI in the amount of $134.134.14 for the I.T. department to purchase
a Laserliiche system upgrade.
20. Personnel Change of Status.
Personnel Action Forms
21. Payment of Claims.
22. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and /or a settlement offer.
23. Consider and possible action on Executive Session.
24. Acknowledgement of the Brazos County Emergency Service District 1 Independent Auditors' Report
and Financial Statements as of September 30, 2013.
25. Sheriffs report on inmate population.
26. Announcement of interest items and possible future agenda topics.
27. Call for Citizen input and /or concerns.
28. Adjourn.
Vol. 204 Pg. -2 �Zf
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
aftendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions
in the presence of the Court Those members of the public who are inappropriately attired and /or who do not conduct
themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order
and /or continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence
and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speakers time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and /or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only 'd 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 factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Court of the County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, Texas 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 (879) 361 -4102.
Vol. 204 Pg. dell
BRAZOS COUNTY
BRYARTEXAS
NOTICE OF ADDENDUM
-t
?7 P 2:5Q
BRAZOS COUNTY COMMISSIONERS COURT
In addition to the Regular Meeting, the Commissioners Court will consider and
take action on the following item(s):
MEETING
July 29, 2014
DATE:
MEETING
10:00 AM
TIME:
MEETING
Commissioners Court of the County Administration Building,
PLACE:
200 S. Texas Ave., Suite 106, Bryan, Texas
Agenda
1, Order 14-008 approving the amendment of the project Plan and financing plan for "Reinvestment Zone
Number 10 City of Bryan Texas ". and ordainina other matters related thereto.
The Commissioners Court of the County Administration Building, 200 S. Texas Ave., Sulm 106, Bryan, Texas is wheelchair accessible. Handicap
parking spaces am evadable. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements,
please call (979) 361.4102.
Vol.204 Pg. Al
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
July 29, 2014
BRAZOS COUNTY COMMISSIONERS COURT
I:�xeI�IA_1�� I��if►[
CZ File Stamped Aoenda.pdf
VT File Stamped Addendum.odf
fil Sign in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, July 29, 2014 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley.
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Presentation(s)
Vol. 204 Pg. a /V-
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BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
July 29, 2014
BRAZOS COUNTY COMMISSIONERS COURT
I:�xeI�IA_1�� I��if►[
CZ File Stamped Aoenda.pdf
VT File Stamped Addendum.odf
fil Sign in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, July 29, 2014 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley.
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Presentation(s)
Vol. 204 Pg. a /V-
Presentation regarding Delinquent Property Tax Collection Activity for the period of
January 1, 2014 through June 30, 2014.
IU Item 3.odf
The Court next heard a presentation of the six month delinquent tax report presented by
Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys
at Law. Mr. Veselka stated that he was excited that the Tax Office will be moving.
Consider and take action on agenda items 4 - 23:
4. Consider and possible action on site plan for the donated cabin to be located at the
Boonville Heritage Park.
U Item 4.0 f
Bill Ballard Civil Counsel, reminded the Court of the information presented to them on
the site plan of the cabin and asked the Court to approve along with the placement of
the Six Flags of Texas. The Court approved as submitted. Mr. Mervin Peters will come
before the Court in two weeks for a formal presentation.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters. Wassermann .
5. Approval of the job description for Temporary Attendant, Building and Grounds (1040
hours), for the Expo Center, Class 832, Position 12.
92 Item 5.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard , Peters , Wassermann .
6. Consider and take action on request from Constable, Pct. 4 to receive items from the
Texas 1033 Surplus Property Program.
The Court voted to remove this item from the agenda after Bill Ballard, Civil Counsel
explained the request and the 1033 program. The rifles are M -16 from the Vietnam era
and while he believes that agencies like the Constable's office have policies in place and
the Auditor has an auditing policy the Commissioners Court needs to discuss a policy
addressing the use of these items and liability.
Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
Request approval for an increase of $500.00 to the Change Fund used by the Expo staff
for selling shavings, renting RV spaces and renting horse stalls during Expo events.
tE Item 7.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard, Peters, Wassermann .
8. Approval of the Brazos County Clerk Archival Plan to collect a $5.00 fee for court filings
and $7.00 for non -court filings.
Item 8.odf
A copy of the plan is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Vol. 204 Pg. f `
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters, Wassermann .
9. Brazos County District Clerk Archival plan to collect a $10.00 fee for court filings.
E Item 9.1)df
A copy of the plan is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters,
Wassermann.
10. Permission to advertise Bid Contract No. 2014 -31 Tree Trimming and Removal Service.
11.
The Court tabled this item due to insurance issues.
Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
fL-: Item 11.0
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard . Peters . Wassermann .
12. Renewal of contract 2014 -65R Citizen Collection Site Trash Pickup with Texas
Commercial Waste.
Item 12.odf
All terms, conditions and pricing shall remain the same.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard . Peters. Wassermann .
13. Discuss and take possible action on a contract renewal for residential services for
juvenile probationers with 4M Youth Services, Inc, at the Rockdale Regional Juvenile
Justice Center effective September 1, 2014 - August 31, 2016.
0 Item 13.1)df
All terms, conditions and pricing shall remain the same. A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters,
Wassermann.
14. Discuss and take possible action on a contract renewal with 4M Youth Services Inc, for
Juvenile Detention Services at the Rockdale Regional Juvenile Justice Center effective
September 1, 2014 - August 31, 2016.
Item 14.odf
All terms, conditions and pricing shall remain the same. A copy on the contract renewal
is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters,
Wassermann.
Vol. 204 Pg. -- I"
15. Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore
under North Graham Road. Project will provide water service to new customer at
address #3924. Site is located in Precinct 1.
OZ Item 15.Ddf
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard, Peters, Wassermann .
16. Consider and take action on the ETC Texas Pipeline utility permit to construct road bore
under Edge School House Road. Project will lay 4" pipeline for transportation of natural
gas. Site is located in Precinct 2.
E Item 16.Ddf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley
Mallard , Peters , Wassermann .
17. Tax Refund Applications for the following:
0 Item 17.Ddf
• a. College Station Auto Parts - overpayment - $65.25
• b. E A of Aggieland - overpayment - $15.27
• c. Glen H Huff - overpayment - $ 88.50
• d. Patricia R McCulloch - $371.30
• e. Kelley & Leanna Pack - $95.65
• f. Kelley & Leanna Pack - $10.23
• g. Boyd & Susan Pruitt - $71.23
• h. Thomas Scanlin - $124.14
• i. Rodney K and Mary L Rudasill - $427.73
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
18. Budget Amendments.
Budget Amendments FY 13/14 41.1 thru 41.5
tC Item 18.0
41.1 Reallocate funds for Juvenile Administration
41.2 Reallocate funds for Economic Development Foundation - Mikulin Road
41.3 Reallocate funds for Records Management
41.4 Reallocate funds for Information Technology Services
41.5 Reallocate funds for General Capital Projects
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann .
19. Capital requisition #00047808 to MCCI in the amount of $134,134.14 for the I.T.
department to purchase a Laserfiche system upgrade.
U Item 19.ffdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Vol. 204 Pg. Z117
Wassermann.
20. Personnel Change of Status.
Personnel Action Forms
M Item 20.0
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard, Peters, Wassermann .
21. Payment of Claims.
9Z Claims Sheet.odf
BILL LIST 07.29.14.1)dT
7123713 through 7123908
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters,
Wassermann.
U Addendum.0
At this point the County Judge deviated from the agenda and considered an Addendum
to the Agenda to consider Order 14 -008 approving the amendment of the project plan
and financing plan for "Reinvestment Zone Number 10," City of Bryan, Texas and
ordaining other matters related thereto. This addendum extends the life of TIRZ 10.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
22. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and /or a settlement offer.
Judge Peters announced that there was no need to meet in executive session.
23. Consider and possible action on Executive Session.
No action was taken.
24. Acknowledgement of the Brazos County Emergency Service District 1 Independent
Auditors' Report and Financial Statements as of September 30, 2013.
R-1 Item 24.0
The Court acknowledged receipt of th Brazos County Emergency Service District 1
Independent Auditor's Report and Financial Statements as of September 30, 2013.
25. Sheriffs report on inmate population.
Wayne Dicky, Jail Administrator stated there were 690 inmates in jail, 61 have electronic
monitors and 10 are pending for monitors. He also informed the Court that another dorm
was opened and are looking for more space.
26. Announcement of interest items and possible future agenda topics.
Vol. 204 Pg. -�/r a
Commissioner Catalena announced that Saturday, August 16, 2014 there will be a
county wide tire cleanup held at the Brazos County Expo parking lot on Leonard Road
and Highway 47. There will be free tire disposal of all unwanted tires for county
residents.
27. Call for Citizen input and /or concerns.
There was no citizen's input.
28. Adjourn.
Vol.-204 Pg.
The foregoing minutes of the Commissioners Court meeting held July 29, 2014 have
been examined and are approved in open Court this —— day of
2014, in Bryan, Brazos County, Texas.
County Judge
Irma Cadle� `
Commissioner, Precinct
Attest:
C g�
Karen cQueen
County Clerk
Vol. 204 Pg.b
i� ua — A^A —
Lloyd Wassermann
Commissioner, Precinct 1
In-1;QAA
Kenny Mallard
Commissioner, Precinct 3
BRAZOSCOUNTY
COMMISSIONER'S COURT
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Vol. 204 Pg.�
I
Brazos County
Job Description
Last Updated: September 2012
�IoLss gn, ros - 1'2- 5
Templets Revision 1 2 M1M?012
Class Number; 8
832 T
Title: T
Temporary Attendant, Building Grounds (I D40 hrs.)
Pay Group: 0
09 D
Department: E
.... .........
IFILSA Status: N
Non Exempt ------------- R
Reports To -- -
Event Coordinators & All-Manag-ers
Approved Date: 1
10/01/2013 1
1 EEOC Category: S
Service / Maintenance
........ ... . . .....
Position End 1
09130/2014 E
1 Temporary
X j"�
Date: 0
Signature:
I X
General ' - - S - ummary:
I- ----- ..... ....
Performs and monitors daily operational responsibilities including janitorial duties. responsibilities and maintenance of the Brazos County Exposition
Complex including setting-up, cleaning and tearing-down events.
Essential Duties:
Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets utiftears down rodeo equipment, itiirii
stalls, rattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and
assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out
trash: Cleans restroorns, including using commercial chemicals to remove stains/odors and keeps them free of litter; buffs and scrubs floors as
needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in
painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans
windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a
polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized, Must be willing to work various
hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary
regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consunnab(es.
Other Duties as 6ssig_ned.
J1%.)
SUpervlsj_on-
Vol. 204 Pg. _W
- 4
1-111- .1.
Knowledge, Skills,
Abilities
............
The physical dernandli' described hire are representative of those that must be met- by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hand to finger, handle, or to feet; reach with hands and armai; bend
and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift anctior move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific
vision abilities required for this job include dose vision, distance vision, and the ability to adjust focus.
Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning
chemicals. Ability to follow oral and written Instructions; ability to learn the proper use of janitorial equipment
and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability
to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies.
'The work environment ch-aracteinsti-m-des-'aribed here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations maybe made to enable
individuefs with disabilities to perform the essential functions. The noise level in the work environment is
frequently loud. The employee is constantly required to work closely with others as a part of a team to perform
multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to
work under time pressures and meet deadlines. The employee may be exposed to extreme weather
conditions.
Vol. 204 Pg.
Z��: Dtue
County Judge
I
Brazos County Clerk
Records Management and Archive Plan
I. Background (Statutory History)
The 77"' Texas Legislature passed HB 370 in 2001 to allow border county's to assess a
$5.00 Records Management and Preservation Fee for the preservation of older records
filed with the County Clerk.
The 78d Legislature passed SB 1731 amending the original legislation allowing all
county's to collect this fee with Commissioner's Court approval. The County Clerk is
proposing to collect this fee at this time.
This legislation amends Local Government Code, Section 118.011 (e), to enable the
Commissioner's Court to adopt a Records Archive Fee for the preservation and
automation of previously filed and recorded real property and vital statistics records as
part of their regularly adopted annual budget.
The 82nd Legislature passed HB 1513 amending Government Code, 118.011 (f) allowing
the Commissioner Court to set and collect a Records Archival Fee not to exceed $10.00
on non -court related filings.
II. Bill Summary
• Begins on approval of the County of Brazos 2014 -15 Annual Budget. The fee
must be set and itemized in the county's budget as part of the budget preparation
process.
• Termination: The 79th Legislature extended this bill indefinitely.
• The $7.00 fee is assessed on any instrument, document, paper, or other record that
the County Clerk is authorized to accept for filing or recording (deed or official
public records, assumed names, and marriage licenses).
• The $5.00 fee is assessed on any original civil case filings.
• The fee may be used only to provide funds for specific records management and
preservation, including for automation purposes — in accordance with this
written plan.
• Changes to the plan must be approved by Commissioner's Court. The plan may
be modified as required.
III. Purpose
Some of Brazos County official records have been computerized and automated in
electronic format since the late 1960s. The County Clerk's office is progressive in the
preservation of current records, utilizing the original Records Management Fee from
Vol. 204 Pg. ass
1991 forward. However, this funding has not been sufficient to electronically preserve
and restore the older documents that have a priceless historical value. In order to preserve
and enhance the integrity of the existing system for recording and preserving public
documents; the County Clerk seeks to preserve existing original records by restoring or
re- creating old volumes, digitizing older microfilm and paper records, re- indexing old
handwritten and typed indexed books and converting all older media into an electronic
format and importing this newly created data into the existing computer system.
IV. The overall goal and vision of the County Clerk's office is to:
• Modernize and upgrade old record systems in the office.
• Continue to add records and information to your existing computer system.
• Eliminate or reduce manual lookups and searches.
• Expedite record searching by having more records available for electronic
retrieval.
• Create a complete electronic records back -up for disaster recovery.
• Provide more public information to the citizens of the County via the
Intra/Internet.
• Continue to eliminate the need for paper records.
• Preserving original records by reducing daily usage.
• Reclaiming much needed space in the public records area.
V. Annual Revenue Estimate
Official Real Property Records 31,000 /annually
Marriage Records 1,500 /annually
Civil/Criminal Filings 400 /annually
Total 32,900 Filings Annually X S 7.00 = S 230,000.00
VI. Restoration, Preservation and Automation Projects
Real Property Records: Projects include computerized re- indexing and converting all
real property records to electronic images and importing new records to the existing real
property computer system.
Phase 1:
Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the
existing grantor /grantee index and importing to the computer and internet:
Approx 674,000 instruments filed 1967 to 1999 Estimated $ 370,700
Vol. 204 Pg. o2S'fp
Phase 2:
Back conversion of 1966 to Volume A of Deed Records existing microfilm to
electronic images and loading to computer by Book, Volume and Page.
Approximately 1,167,000 images from 1966 to Volume A. Estimated $ 167,000
Re- indexing real property records from 1966 back to Volume A using the electronic
images of the original record books:
Data entry/conversion of approx 355,000 instruments. Estimated $ 608,000
Phase 3:
Maps and Plats
Conversion/scanning and reindexing of all maps/plats and importing to existing computer
system.
Approximately 4,000 maps and plats Estimated $ 60,000
Phase 4:
Commissioner's Court Records
Electronic conversion and reindexing of all existing Commissioner's Court minutes and
importing this data to existing computer system in a searchable format.
Approximately 190,000 pages and 120,000 index entries Estimated $ 128,000
VIII. Length of Projects
It is estimated that these projects will take approximately 5 to 6 years to complete and
implement. Some projects may be considered as on -going and paid monthly as revenue is
collected.
Vol. 204 Pg. �_�7
Summary
The Legislature has provided a means to raise revenue for the records management
and preservation of older county property and vital records. This "user" fee is an
alternative to raising taxes or spending general fund monies to accomplish these
important projects. This plan will be implemented in "phases" as money is accrued
and deposited into a special revenue account. The completion of the initial phases
will preserve the original records, provide more space in the public records area,
and continue to modernize the Clerk's office through available technology.
O
� zqW
Duane Peters Date
County Judge
Vol. 204 Pg. -S
Plan For Preservation and Restoration
Of Archived Records
Presented By
Marc Hamlin
Brazos County District Clerk
Updated July 3, 2014
LL
Duane Peters Date
County Judge
Vol. 204 Pg. % 4✓`%
Executive Summary
HB 1513 provides for a fee not to exceed $10.00 to be imposed for filing of a suit,
including an appeal from an inferior court, or a cross - action, counterclaim, intervention,
contempt action, motion for new trial, or third -party petition, in a district court in the county.
The District Clerk's Office wants to take advantage of new legislation that is designed to
preserve archived records by adding an archive fee to each filing of a suit. This fee is to be
dedicated to that task. The majority of the permanent records in the District Clerk's Office are
paper based. These records are used by our office for the public and are vulnerable to loss by
wear and tear.
The purpose of this document is to define the restoration and preservation, digital
capture, stage, retention and management of archive records belonging to the District Clerk.
This Preservation and Restoration Records Plan in intended to be a "Living Document ". It will be
updated as a new products and procedure evolve. It is the intent of the District Clerk to follow
guidelines set by the Texas State Library and Archives Commission.
Goal
The Goal is to capture and archive all cases prior to January 1, 1990, regardless of media
type they currently are in, as efficiently as possible. The District Clerk's Office is also looking at
restoring records, suspending or reducing deterioration of public records, improving the public
access to the documents in a manner that reduces the risk of deterioration.
Scope
The Scope of this document includes the following:
• All District Clerk records filed with the District Clerk before January 1, 1990
• Plans to capture records electronically to improve public access.
• Plans to restore and preserve records with significant historical value.
• Future plans are to improve public and governmental access.
This document addresses the restoration and preservation needs of the District Clerk
Records Archive. No other departments addressed.
The effective date of this action is September 1, 2014, and expires September 1, 2019
Vol. 204 Pe. �_ 6 b
Inventory
Currently the District Clerk's Office holds over 100 record books which includes indexes
for Civil Cases, Divorces, Adoptions, Grand Jury Records, Felonies and Misdemeanors. The
District Clerk's Office also has approximately 80 boxes of historical cases many with historical
significance. The cases include Civil, Divorce, Adoptions, and Felonies.
Current Accessing Methods
Records prior to January 1, 1990 are accessed by the public through a request to our
office due to the cases not being imaged. Our office currently has to find the Index for the
records we are seeing to obtain the cause numbers before we can physically pull the file to
obtain copies for the public. These records are kept in our storage facility at 200 S. Texas Ave,
Bryan, Texas 77803
Restoration and Preservation Plan
Fiscal Year 2014 -2015
It is the plan of the District Clerk's Office to scan an portion of the paper documents in
house, lease an additional scanner, and fund temporary full or part time employees to capture
all records filed in the District Clerk's Office prior to January 1, 1990. These images will be
integrated into the existing District Clerk records and retrieval systems and enhance the public's
access to public records.
The District Clerk plans to award bid to an outside vendor to restore and preserve all
records with significant historical value. The restoration process will ensure the legibility of
these public documents for future generations.
Revenue collected and not expended in the fiscal year will be carried forward and used
on other archive projects.
Projected Revenue
year.
The County Auditor estimates the revenue this will bring In approximately $7,000.00 per
Vol. 204 Pg. ��/
Brazos County
roY Y Purchasing Department
July 10, 2014
Gendron & Thibodeaux
219 N Main St. Suite 302
Bryan, TX 77803
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Phone: 979- 775 -9500
Fax:
Email: gendron@suddenlink.com
Attn: Patrick Gendron
Re: Renewal ofContractfor Legal Representation oflndigentJuveni les- 1014.60R
Brazos County would like to exercise the renewal option for Legal Representation to Indigent Juveniles —2014 -
60R, previously known as 1013 -64R, 2013 -12R and 2011 -33. All terms and conditions shall remain the same as
previously agreed upon. There Term of the renewal will be from October 1, 2014 to September 30, 2015.
To accept the renewal option, please fill out the information and sign below. Return this letter by email to
IcontrerasCbrazoscountytx.gov or fax to (979) 3614293 and then submit an original and an updated Certificate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 361.4294.
Contact Name:
GENDRQN & THIBODEAUX
i /1
Patrick Gendron
B Z OUN
Duane Peters, County Judge
(Ile
Karen McQueen, County Clerk
Fax:
Vol. 204 Pg. 024U
'.?4 - ?-?-5 - ysej
if.t� /�i��
Date
�la9lr
Date
,, -a� -��
Date
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
July I, 2014
Texas Commercial Waste
PO Box 645
Bryan, TX 77806
Phone: 979 - 775 -7171
Attn: Ron Schmidt
Rl-c
JU1. DM1Y
Re: Renewal of Contract 2014 -65R Citizen Collection Site Trask Pickup, previously known as
1011 -49
Brazos County appreciates the quality work your company has provided and would like to exercise a renewal option
for contract 2014 -65R Citizen Collection Site Trask Pickup, previously known as 2011 -49. All terms, conditions,
and pricing shall remain the same. This renewal will be in effect starting October 1. 2014 throueh September 30
1075.
To accept the renewal option, please rill out the information and sign below. Return the signed documents by email
to Icontreras@brazoscountytx.gov or fax to (979) 3614293. Please then submit the original signed documents and
an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as
possible. If you have any questions, I may be reached at (979) 361 -4294.
Contact Name: /�aA) Sim . A Telephone:
E -Mail: �w /Moy.�cN /d , —mg C Fax:_ ��c(— pZ2 �Fovc'
TEXAS COMMERCIAL WASTE
Authorized Signature
BRA SC N
Duane Peters, County Judge
Vol. 204 Pg. �3
Date
Date
IZ
2014 -65R Citizen Collection Site Trash Pick Up
Previously known as 2011 -49
October 1, 2014 - September 30, 2015
Tabulation
Container Rental Fees
A, r
esC Stop and
x 5 s
Texas Commercial Waste
BS[ Stop and GO Potties
Waste
Location of Pick Up
Type of Container
Monthly Rental
Quantity
Monthly
Monthly
Rental Cost/
Quantity
Monthly
Total
21303 Kathy Flemming Rd
Cost/ Container
$125.00
Total
Container
[ontainer
2 Cubic Yard Stationary
$125.00
6
$750.00
$0.00
6
$0.00
Compactor
$120.00
Container
40 Cubic Yard Roll Off
$0.00
6
$0.00
$166.601
6
$2,165.80
Receiving Container
Container
28 days
40 Cubic Yard Roll
30 Cubic Yard Open Top
No Charge
2
$0.00
$94.00/28
2
$1,092.00
Roll Off Container
40 Cubic Yard Roll
days
7250 Raymond Stelzer Pwy
40 Cubic Yard Open Top
No Charge
1
$0.00
$94.00/28
1
$1,09200
Roll OH Container
40 Cubk Yard Roll
days
OH Receiving
$125.00
$120.00
Total for the Year
$9,000.00
Total for the Year
$52,197.60
RECOMMEND AWARD TO: Texas Commercial Waste`�1�'�I�
Ap s sion Court on thlsday of2014 by
olding the position of 11111daCCalllll ..•••_.��.,IIL•• - - -�
Vol. 204 Pg. vZ
Texas
esC Stop and
Commercial
GO Potties
f.
Waste
Location of Pick Up
Type Of Container
Cost /Haul
Cost /Haul
40 Cubic Yard Roll
21303 Kathy Flemming Rd
Off Receiving
$125.00
$120.00
[ontainer
40 Cubic Yard Roll
2807 FM 2038
Off Receiving
$125.00
$120.00
Container
30 Cubic Yard Open
2807 FM 2038
Top Roll Off
$110.00
$120.00
Container
40 Cubic Yard Roll
10940 South Highway 30
OH Receiving
$125.00
$120.00
Container
40 Cubic Yard Roll
7250 Raymond Stelzer Pwy
Off Receiving
$125.00
$120.00
(FM60)
Container
40 Cubk Yard Roll
9125 Mumford Rd
OH Receiving
$125.00
$120.00
Container
30 Cubic Yard Open
9125 Mumford Rd
Top Roll Off
$110.00
$120.00
Container
40 Cubic Yard Roll
1495 Silver Hill Rd
OH Receiving
$125.00
$120.00
Container
30 Cubic Yard Open
2617 Highway 21 West
Top Roll Off
$110.00
$120.00
Container
Total
$1,080.00
$1,080.00
iF
RECOMMEND AWARD TO: Texas Commercial Waste`�1�'�I�
Ap s sion Court on thlsday of2014 by
olding the position of 11111daCCalllll ..•••_.��.,IIL•• - - -�
Vol. 204 Pg. vZ
1�
STATE OF TEXAS
COUNTY OF MILAM §
4M YOUTH SERVICES, INC
dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Residential Services
September 1, 2014 — August 31 2016
This Agreement is entered into by and between Brazos County, at the request of and on behalf of
the Brazos County Juvenile Probation Department and 4M Youth Services, Inc., dba Rockdale
Regional Juvenile justice Center, a Texas for-profit corporation, licensed to provide child care
services by the Texas Juvenile Justice Department, and /or any other appropriate State agency
with licensure or regulatory authority over this facility ("Service Provider ").
ARTICLE I
PURPOSE
1.01 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 placement facility to be utilized is owned and operated by
Service Provider, and is located at 696 N FM 487, Rockdale, Texas 76567. The business office of
Service Provider is 646 N. FM 487, Rockdale, Texas 76567.
ARTICLE R
2.01 The term of this agreement is for 24 months, commencing September 1, 2014 and ending August
31, 2016, with one renewal option available for an additional twenty -four (24) month period.
ARTICLE III
SERVICES
3.01 Service Provider will provide the following level of care services:
A. Basic
B. Specialized
C. Intensive
The three level of care service delivery criteria as well as the required description of the
characteristics of children will be in accorda rice with the definitions determined by the
Texas Juvenile Justice Department.
Vol. 204 Pg. �_S
Rnckdele Regivn4 Juvenile Ccntcr
- - Resldrndal services Agmement
-' - September 1.2014 Aupusl 31. 2016
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, room, (rent, utilities, maintenance, telephone), as agreed by Juvenile Probation.
B. Provide and document paraprofessional counseling, off - campus visits or furloughs,
major incidents and worker contacts. Any and all associated with off - campus visits or
furloughs will be paid by the parent or guardian.
C. 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. The Probation Officer and parents will be informed 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 facili ty.
D. Provide to the Juvenile Probation Department a written Individualized Treatment /Case
Plan developed in concert with the client and mutually agreed upon by the appropriate
Service Provider staff and the Probation Officer within thirty (30) days of placement. Said
individualized Treatment /Case Plan shall include measurement of progress towards goals
in the following nine (9) domains: medical; safety and security; recreational; educational;
mental fbehavioral health; relationship; socialization; permanence; parent and child
participation.
E. Initiate and document meetings to review the individualized Program Plan with the child
and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed
ninety (90) days, to assess the child's progress toward meeting goals set forth, making
modifications when necessary, and determining the need for continued placement outside
of the child's natural home. The Individualized Treatment Plan shall contain the reasons
why the placement may benefit the client; shall specify behavioral goals and objectives being
sought for each client; shall state how the goals and objectives are to be achieved in the
placement; shall sta to 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.
F. Maintain copies of the original Individualized Program Plan and the periodic reviews.
G. Provide the juvenile Probation Department with a written report of the child's progress on
a monthly basis in a Monthly Progress Report.
H. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of youth in program successfully achieving set educational goals, percentage
of youth achieving set vocational goals, percentage of youth achieving set social skills goals,
percentage of youth demonstrating overall progress, number and type of investigations
made by the Department of Family and Protective Services or any law enforcement agency
due to reports of abuse and /or neglect. These records shall be made available to Juvenile
Probation for periodic. inspection.: - - - - - -
Vol. 204 Pg. 6 L�
Rockdale Regional Juvenile Center
Residential SCM cC Agmeomm
Saptenther 1.2014 - August 31, 2016
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, private health insurance. Medicaid coverage is not active while a child is in secure
placement and cannot be utilized to cover any medical expenses. However in no case shall a
child be denied any needed medical /psychiatric treatment or clothing due to the inability to
Pay.
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. Juvenile Probation shall evatuate Service Provider's performance under this Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re- referrals of children during the six (6) months following release from
residential placement.
3. Ensure children move down in their Level of Care as they progress in the treatment
program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following output
measures (in actual numbers of units of service and activities):
I. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential placement
successfully.
3. The total number of re- referrals of children discharged from placements within six (6)
months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
1. Percentage of children in residential placement who will complete their placement
as a successful discharge.
2. Percentage of children who have completed their placement and not re- referrals within
six (6) months after release.
3. Percentage of children who move down In their Level of Care.
4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the
foregoing output and outcome measures. These reports will be reviewed by Juvenile
Probation in order to monitor Service Provider for programmatic compliance with this
Agreement.
ARTICLE V
COMPENSATION
Vol. 204 Pg >7 7
Rwkdale Rcglanul Juvmle Cmler
Revd,.mial Sakes Agmemml
Supicnsher 1.2014 — August 31. 2016
5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to
pay the Service Provider the sum of X98 per day for each child, admitted under
"Moderate" Level of Care, 140 per day for each child admitted under "Specialized"
Level of Care and $225 per day for each child admitted under "Intensive" 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 placement
pursuant to billing and paying procedures agreed upon by Juvenile Probation and
Service Provider.
5.02 For children participating in sex offender treatment, the cost of the
Offense Summary Polygraph and the Sexual History Polygraph will be paid by the
Service Provider at a rate of $175 per exam. Additional polygraphs required due to the
child failing one or both of the aforementioned exams will be paid by Juvenile Probation
at a rate of $175 per exam. The cost is based on the projected actual cost of care for
children in the facility. Payment is due within 30 days of receipt of billing.
5.03 Psychiatric evaluations will be billed to the county at a rate not to exceed $350 for the initial
evaluation and at a rate not to exceed $150 per visit medication reviews. The rate for these
services cannot be billed to insurance. The service provider will request medical permission
before any resident is seen by the psychiatrist.
5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal
Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but net limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in
proper form shall be paid by Juvenile Probation in a timely manner.
5.05 If an emergency examination, EMS treatment, health care treatment, and /or hospitalization
outside the Facility ( "Outside Treatment ") are required for a child placed in the Facility, the
Administrator of the Facility is authorized to secure the Outside Treatment at the expense of
the Juvenile Probation. 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 Outside Treatment. The Administrator shall notify Juvenile Probation of
Outside Treatment within twenty -four (24) hours of its occurrence.
5.06 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this contract, Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March 1 following the end of the fiscal
year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider shall
provide a separate accounting of funds received from Juvenile Probation in whole or in
part paid from state funds. The accounting shall clearly list the state funds received
from Juvenile Probation and account for expenditures of said funds including
Vol. 204 Pg. geg
R-Mule Reg6nul Juvenile Crnj,
Resi&niid Scrvicec Agimukn(
Scpten4w 1 2014- August 31, 2DI6
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.
5.07 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,
5.08 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.
5.09 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.
5.10 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
ARTICLE VI
ADDITIONAL TERMS & AGREEMENTS
6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement
shall call the Facility to ensure that space is available. Placement of children by authorized
officer's of Juvenile Probation may be denied if space limitations require as determined by the
Facility.
6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order from the Juvenile Court of Brazos County.
6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct
as fixed and determined by the Administrator and staff 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 solejudgment of the Administrator, mentally unfit, dangerous, or
unmanageable, or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department
of Brazos County of this determination. The child shall be removed immediately from the
Facility. It will be the responsibility of Juvenile Probation to provide for the transportation for
the removal of the child.
6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper
orders of the appropriate Juvenile Court shall not be discharged from the Facility until the
Vol. 204 Pg. � %
Rwkdak Regional Jmcnile Cmter
- - Residcnl lnl Services Agrcemem
Sctecm6er I. ?014 — August 31, 2016
Administrator of the Facility receives a written authorization from the Juvenile Probation
Department that originally detained the child.
6.07 It is further understood and agreed by the parties that children placed in the Facility may be
released to the Probation Officer or other appropriate authority of Brazos County pursuant
to: (a) section 6.04 of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile
Court of Brazos County,
6.08 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Brazos County, its agents, servants, or employees in any way to
manage control, direct of 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 client's placement with Service Provider
at its discretion. Service Provider must not release a client to any person or agency other than
Juvenile Probation without the express consent of an authorized agent of Juvenile Probation.
6.10 This contract, terms and agreements are transferable.
ARTICLE VII
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its
program of services provided under the terms of this agreement and /or to review its record
periodically. This examination and evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of 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
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards.
Vol. 204 Pg. %6
Rockdale Regional Juvenile center
Recidemial Smices Agmenunl
SeMembcr I, 2014 - August 31. 2016
ARTICLE VIII
CONFIDENTIALITY OF RECORDS
8.41 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
required by law.
ARTICLE IX
DUTY TO REPORT
9.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegations or incident of abuse, exploitation or neglect of any child (including but not
limited to a juvenile that has been placed by Juvenile Probation) within twenty -Four (24) hours
from the time the allegation is made, to all of the following
A. Local law enforcement agency (such as the Milam County Sheriff's Office);
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1 -512 -424 -6717 (or if unable to complete the form within 24 hours, then by
calling toll -Free 1 -877- 786 -7263, followed by submitting the report within 24 hours of said
tail); and
C. Brazos County Juvenile Probation Department
9.02 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances,
regulations and standards applicable to the provision of services described herein and the
performance of all obligations undertaken pursuant to this Contract, including the Prison Rape
Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual
assault of incarcerated persons, 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 Chief Probation Officer all incident-
based aggregated data reports for every allegation of sexual abuse at its 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 fPREA §115.387 (e) and (f)j.
Furthermore, Service Provider shall be responsible for the financial cost associated with any
PREA audit.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles;
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C. Any arrest of any employee, intent, volunteer, subcontractor, agent and /or consultant of the
Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or
consultant of the Service Provider that has direct contact with juveniles was the alleged or
designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal history,
For the purpose of this Agreement, the tern "criminal history" shall include: (1) current
felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication
within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication
within the past five years.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant for
employment because of race, color, religion, sex or national origin including but not limited
to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or
termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship. The Service Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provision
of this non - discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service
Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE XII
OFFICIALS NOTTO BENEFIT
12.01 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 XIII
DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT
13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
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or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof, or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms, and
in either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally,
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief.
E. All notices required under this Agreement shall be in writing, They shall be sent by fax or by
registered U.S. mail, return receipt requested, to the party at the addresses listed below. A
party must provide notice of a change of address during the term of this Agreement. Unless
specified otherwise, notices required in this Agreement shall be deemed to have been received
when actually receive.
4M Youth Services, Inc. Brazos County
696 N FM 487 1904 W SH 21
Rockdale, Texas 76567 Bryan, Texas 77803
F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of the Agreement.
C. The parties intend that, in construing and enforcing the provisions of the Agreement,
mediators and judges shall give maximum effect to the principles of contractual freedom and
contractual enforceability.
H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding
shall not affect the validity or enforceability of any other provision of the Agreement.
1. No express or implied waiver by any party of any right of that party under this Agreement in
any specific circumstance shall be considered to waive that right of thai party in any other
circumstance.
J. The covenants and agreements in this Agreement are binding on and issued to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives,
successors, and assigns.
ARTICLE XIV
TERMINATION
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14.01 The term of this Contract shall be for a period of twenty four months from the effective date:
however, if either party feels in its judgment that the contract cannot be successfully continued,
and desires to terminate this contract, then the party so desiring to terminate may do so by
notifying the other party in writing, by certified mail or personal delivery to its principal office,
of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of
Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of
Termination, this contract shall terminate, become null and void, and be of no further force or
effect. Such termination shall not affect or diminish Brazos County's responsibility for
payment of any amounts due and owing at the time of termination of the contract. Brazos
County shall remove at its expense all children placed in the Facility on or before the termination
date.
ARTICLE XV
WAIVER OF SUBROGATION
15.01 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 XVI
INDEMMFICATION
16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County
against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful
and negligent act(s) of commission or omission by Service Provider, its agents, servants or
employees arising from activities under this contract. Service Provider shall have no obligation
to indemnify and hold harmless Brazos County for any act(s) of commission or omission of
the County or the County's agents, servants, or employees arising from or related to this contract
for which a claim or other action is made.
ARTICLE XVII
SOVEREIGN IMMUNITY
17AI This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5
of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The
parties expressly agree that no provision of this Agreement is in any way intended to constitute a
waiver or any immunities from suit or from liability that the Brazos County has by
operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE 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;
R. That is qualified to do business in the State of Texas; that it hold all necessary licenses and
staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its business;
and that there are no taxes due and owing to the State of Texas, the County of Brazos, or
any political subdivision thereof; -
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C. Service Provider will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider. Certified copies
of original insurance policies shall be furnished to Juvenile Probation. Furthermore
the Juvenile Probation shall be notified immediately upon any changes in the status
of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile
Probation.
D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will
be properly trained to report allegations or incidents of abuse, exploitation or neglect of a
juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any
applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
ARTICLE XIX
TEXAS LAW TO APPLY
19.01 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 Milam County, Texas,
ARTICLE XX
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Milam County, Texas.
ARTICLE XXI
LEGAL CONSTRUCTION
21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
therein.
ARTICLE XXII
PRIOR AGREEMENTS SUPERSEDED
22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral Agreement between the parties respecting the
within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of
delinquency or an act indicating a need for supervision, and payment for such care will be made by
Brazos County for the children placed in the Facility by the judge of Brazos County having juvenile
jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF
AN ORIGINAL,
IN W TNESS WHEREOF, we hereunto affix our signature this._day of
20
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Pro i n Department
' [V
Chief Juveni a robs on Officer
tAuorized n Personnel
12
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4M You nr.
Tia Coleman- Garrett
Facility Administrator
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w
C_ ONTRAC-r AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF MILAM
4M YOUTH SERVICES, INC
dba ROCKDALE REGIONAL JUVENILE JUSTICE CENTER
Detention Services
September 1, 2014 — August 31 2016
This Agreement is entered into by and between the Brazos County, at the request of and on
behalf of the Brazos County Juvenile Probation Department and 410 Youth Services, Inc., dba
Rockdale Regional Juvenile Justice Center, a Texas for - profit corporation, licensed to provide
child care services by the Texas Juvenile Justice Department, and /or any other appropriate
State agency with licensure or regulatory authority over this facility ( "Service Provider "),
ARTICLE I
PURPOSE
1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in
accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the
use of detention facilities to house and maintain children of juvenile age, who are referred to a
detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during
pre -trial and pre- dispositional status or in the post- dispositional treatment prescribed by the
Court. The placement facility to be utilized is owned and operated by Service Provider, and is
located at 696 N FM 487, Rockdale, Texas 76567. The business office of Service Provider is 696
N. FM 437, Rockdale, Texas 76567.
ARTICLE it
ER
2.01 The term of this agreement is for 24 months, commencing September 1, 2014 and ending
August 31, 2016, with one renewal option available for an additional twenty -four (24) month
period.
ARTICLE III
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day,
seven days a week; routine medical examination and treatment within the Facility (but
shall not provide or pay for emergency examination, treatment, or hospitalization outside
the Facility); an approved education program; recreation facilities; and counseling to each
child placed within the Facility.
B. If emergency examination, EMS treatment, health are treatment and /or hospitalization
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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 the Brazos County. Brazos County agrees to Indemnify and hold harmless
Service Provider, its officers, directors, representatives, agents, shareholders and
employees from any and all liability for charges for Outside Treatment. The Administrator
shall notify the appropriate Brazos County officials of Outside Treatment within
twenty-four (24) hours of its occurrence.
C. Children from Brazos County who are alleged to have engaged in delinquent
conduct, indicating a need for supervision, as reflected in a Child in Need of Supervision
Order (GINS) 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 readmission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
E. If a child is accepted by the Facility from Brazos County and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or
unmanageable or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall notify the Probation Department of
Brazos County of this determination. The child shall immediately be removed from
the Facility. It will be the responsibility of Brazos County to provide for the
transportation for the removal of the child.
F. Service Provider agrees that the facility will accept any child who qualifies, without regard
to such child's religion, race, creed, sex or national origin.
G. It is further understood and agreed by the parties that children placed in pre - adjudication
care in the Facility shall be removed from the Facility by the appropriate authorities from
Brazos County, or its agents, servants or employees at the conclusion of the ten (10)
day working period authorized by the Court Order issued at the conclusion of the initial
detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has
been issued authorizing the continued detention, and a copy of the new Order has been
delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been
executed and a signed copy of the waiver is received by the Facility. A copy of the Order
issued pursuant to the waiver shall be furnished to the Facility. The same understanding
and agreement between the parties exists with the exception that court orders may
authorize detention for up to fifteen (15) working days after the initial hearing and
detention period.
H. It is further understood and agreed by the parties that should a child in pre - adjudication
care not be removed as described above in paragraph (1), by 12:00 o'clock noon of the
tenth (10) working day of an initial detention period, fifteenth working day if it is not, and
a new Order authorizing continued detention has not been received at the Facility, an
employee of Service Provider shall deliver the child to the Juvenile Court of the placing
Brazos County for which there will be an additional charge of.54 (fifty-four) cents
per mile
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1. It is further understood and agreed by the parties that, children may be released to the
Probation Officer or other appropriate authority of Brazos County pursuant to: (a)
paragraph E of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile
Court of the placing Brazos County.
J. Service Provider shall be in compliance with all Standards and requirements of the Texas
Juvenile Probation Commission and all applicable State and Federal law.
K. Service Provider shall provide twenty (24) hour supervision for the client, including awake
staff during sleeping hours in a Secure Facility.
L. Each child placed in the Facility shall be provided the opportunity to complete the
Massachusetts Youth Screening Instrument (MAYSI.2) as required by the Texas Juvenile
Probation Commission, Facility personnel administering the MAYSI -2 shall be properly
trained, sign the warning page, and document time and date administered. The MAYSI -2
shall then be promptly provided to the Juvenile Probation Officer of the detaining county.
M. Each child placed in the Facility shah be enrolled in an educational program. Special steps
shall be taken to comply with requirements of Special Education students and their needs.
N. It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit the placing Brazos County, its agents, servants, or employees in
any way to manage, control, direct or instruct Service Provider, its directors, officers,
employees, agents, shareholders and designees in any manner respecting its work, duties
or functions pertaining to the maintenance and operation of the Facility. However, it is
also understood that the Juvenile Court of Brazos County shall control the
conditions and terms of detention supervision as to a particular child pursuant to the Texas
Family Code, Section 51.12.
O. It is further understood and agreed by the parties that Brazos County will be
financially responsible for any damages caused by any child that Brazos County
places at the Facility.
ARTICLE IV
COMPENSATION'
4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay
the Service Provider the sum of 95 per day for each child. The daily rate shall be paid to the
Service Provider for each day a child is in detention. The cost is based on the projected actual
cost of care for children in the facility.
4.02 Psychiatric evaluations will be billed to the county at a rate not to exceed $350 for the initial
evaluation and at a rate not to exceed $150 per visit medication reviews. The rate for these
services cannot be billed to insurance. The service provider will request medical permission
before any resident is seen by the psychiatrist.
4.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal
Officer on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
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Wention Services Agreement
September 1.'_014 - August 11, 2016
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service Provider
in proper form shall be paid by Juvenile Probation in a timely manner.
4.04 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March 1 following the end of the fiscal
year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider shall
provide a separate accounting of funds received from Juvenile Probation in whole or in
part paid from state funds. The accounting shall clearly list the state funds received
from Juvenile Probation and account for expenditures of said funds including
documentation of appropriate expenditures as well as the year's tax forms and
documentation. The accounting shall be provided to Juvenile Probation thirty (30) days
prior to the renewal date of the contract.
4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if funds are not available or are not appropriated by the Texas Legislature,
4.06 In the event that State Reimbursement Rates are increased during the duration of the terms of
this contract, the new rates will become effective reflecting those of the increase.
4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile
Probation's Fiscal Officer. Service Provider will not contact other department employees
regarding any claims of payment.
4.08 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
4.10 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($) , court
ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile
Probation, private health insurance. Medicaid coverage is not active while a child is in secure
placement and cannot be utilized to cover any medical expenses. However in no case shall a
child be denied any needed medical /psychiatric treatment or clothing due to the inability to
PAY,
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Detention services Agmcment
_ . Sepmn-ber 1.2Ot4 - August 31. 2016
ARTICLE V
ADDITIONAL TEMMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement to Secure Short -Term Detention, the
official authorizing the placement shall call the Facility to ensure that space is available.
Placement of children by authorized officer's of juvenile Probation may be denied if space
limitations require as determined by the Facility.
5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order from the juvenile Court of Brazos County.
5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct
as fixed and determined by the Administrator and staff of the Facility.
5.04 This contract, terms and agreements are transferable.
ARTICLE VI
EXAMINATION OF PROGRAM & RECORDS
6.01 Service Provider agrees that it will permitJuvenile Probation to examine and evaluate its
program of services provided under the terms of this agreement and /or to review its record
periodically. This examination and evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of questionnaires to the
staff of Service Provider and the children when deemed necessary.
6.02 Service Provider shall provide to juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or juvenile
Probation any and all books, documents or other evidence pertaining to the costs and expenses
of this Agreement.
6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for three (3) years after the
termination of this Agreement.
6.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested, Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
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Dacmion Services Agteemem
Sepuember 1, 2014 - August 31, 2016
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re- disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
required by law.
ARTICLE VIII
DUTY TO REPORT
8.01 As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report
any allegations or incident of abuse, exploitation or neglect of any child (including but not
limited to a juvenile that has been placed by Juvenile Probation) within hventy -four (24) hours
from the time the allegation is made, to all of the following:
A. Local law enforcement agency (such as the Milam County Sheriff's Office);
B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1 -512. 424 -6717 (or if unable to complete the form within 24 hours, then by
calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said
call); and
C. Brazos County Juvenile Probation Department
8.02 Service Provider shall adopt and comply with all federal, state, county, and city laws,
ordinances, regulations and standards applicable to the provision of services described herein
and the performance of all obligations undertaken pursuant to this Contract, including the
Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against
sexual assault of incarcerated persons, including juveniles, and addresses the detection,
elf ninaton, prevention, and reporting of sexual assault in facilities housing adult and juvenile
Offenders.
Under PREA, Service Provider shall make available to the Chief Probation Officer all incident-
based aggregated data reports for every allegation of sexual abuse at its 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 (f)].
Furthermore, Service Provider shall be responsible for the financial cost associated with any
PREA audit.
ARTICLE IX
DISCLOSURE OF INFORMATION
9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
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13. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and /or consultants that have direct contact with
juveniles;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of
the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect
and exploitation investigation where an employee, intern, volunteer, subcontractor, agent
and /or consultant of the Service Provider that has direct contact with juveniles was the
alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that are registered sex
offenders; and
F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,
agents and /or consultants that have direct contact with juveniles that have a criminal
history. For the purpose of this Agreement, the term "criminal history" shall include: (1)
current felony or misdemeanor probation or parole; (2) a felony conviction or deferred
adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred
adjudication within the past five years.
ARTICLE X
EQUAL OPPORTUNITY
10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their
parents. During the performance of this contract the Service Provider agrees it:
(a) Will not discriminate against any child, childcare provider, parent, employee or applicant
for employment because of race, color, religion, sex or national origin including but not
limited to employment, promotion, demotion or transfer, recruitment or advertising, lay
off or termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship. The Service Provider agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provision of this non - discrimination.
(b) Will, in all solicitations or advertisement for employees placed by or on behalf of the
Service Provider, state that all qualified applicants for positions in the Facility, will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
(c) Shall abide by all applicable federal, state and local laws and regulations.
ARTICLE Xl
OFFICIALS NOT TO BENEFIT
11.01 No officer, employee or agent of juvenile Probation and no member of its governing body and
no other public officials of the governing body of the locality or localities in which the project is
situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his /her
personal interest or have any personal or pecuniary interest, direct or indirect, in this
Agreement or the proceeds thereof
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ARTICLE XII
DEFAULT, SANCTIONS. PENALTIES FOR BREACH OF CONTRACT
12.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute
the work as to endanger the performance of this Agreement in accordance with its terms,
and in either of these two circumstances after receiving notice of default, Service Provider
does not cure such failure within a period of ten (10) days.
C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the
parties agree to negotiate in good faith in an effort to resolve any disputes related to this
contract that may arise, no matter when the dispute may arise. If a dispute cannot be
resolved by negotiation, the dispute shall be submitted to mediation before the parties
resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and the parties shall pay the costs of mediation services equally.
D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief.
E. The prevailing party in any lawsuit arising out of this Agreement will be entitled to
Attorney's fees from the other party, including actions for declaratory relief. All notices
required under this Agreement shall be in writing. They shall be sent by fax or by registered
U.S. mail, return receipt requested, to the party at the addresses listed below. A party must
provide notice of a change of address during the term of this Agreement. Unless specified
otherwise, notice required in this Agreement shall be deemed to have been received when
actually receive.
4M Youth Services, Inc. Brazos County
696 N FM 487 1904 W SH 21
Rockdale, Texas 76567 Bryan, Texas 77803
F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in
construing the provisions of the Agreement.
G. The parties intend that, in construing and enforcing the provisions of the Agreement,
mediators and judges shall give maximum effect to the principles of contractual freedom
and contractual enforceability.
H If any court finds any provision of this Agreement to be invalid or unenforceable, this
finding shall not affect the validity or enforceability of any other provision of the
Agreement.
1. No express or implied waiver by any party of any right of that party under this Agreement
in any specific circumstance shall be considered to waive that right of that party in any other
circumstance.
Vol. 2Q4_Pg. 0� f5
Rockdale Regional Juvenile Center
ncicntion Servisrz Acn anent
Scpocmbcr 1,'_014 - August J I, 2016
J. The covenants and agreements in this Agreement are binding on and issued to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives,
successors, and assigns.
ARTICLE MII
TERMINATION
13.01 The term of this Contract shall be for a period of twenty four months from the effective date:
however, if either party feels in its judgment that the contract cannot be successfully continued,
and desires to terminate this contract, then the party so desiring to terminate may do so by
notifying the other party in writing, by certified mail or personal delivery to its principal office,
of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of
Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of
Termination, this contract shall terminate, become null and void, and be of no further force or
effect Such termination shall not affect or diminish Brazos County's responsibility for
payment of any amounts due and owing at the time of termination of the contract.
Brazos County shall remove at its expense all children placed in the Facility on or
before the termination date.
ARTICLE XIV
INDEMNIFICATION
14.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County
against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful
and negligent act(s) of commission or omission by Service Provider, its agents, servants or
employees arising from activities under this contract. Service Provider shall have no obligation
to indemnify and hold harmless Brazos County for any act(s) of commission or omission of the
County or the County's agents, servants, or employees arising from or related to this contract
for which a claim or other action is made.
ARTICLE XV
REPRESENTATIONS & WARRANTIES
15.01 Service Provider hereby represents and warrants the following: -
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and
staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its business;
and that there are no taxes due and owing to the State of Texas, the County of Brazos, or
any political subdivision thereof;
C. Service Provider will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider. Certified copies
of original insurance policies shall be fumished to Juvenile Probation. Furthermore
the Juvenile Probation shall be notified immediately upon any changes in the status
of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile
Probation,
D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will
be property trained to report allegations or incidents of abuse, exploitation or neglect of a
9
Vol. 204 Pg. ,,,P-
Rockdak Regia l Jutenite Cenitr
rklmian Smicus Agmemcnl
Selxembe, I, 2014 Augasl 71, 2016
juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any
applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
ARTICLE XV
TEXAS LAW TO APPLY
16.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Milam County, Texas,
ARTICLE XVI
VENUE
17.01 Exclusive venue for any litigation arising from this Agreement shall be in Milam County, Texas.
ARTICLE XVII
LEGAL CONSTRUCTION
18.01 In case 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 XVIII
PRIOR AGREEMENTS SUPERSEDED
19.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral Agreement between the parties respecting the
within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract
and Agreement is a contract providing for the care of children who have allegedly committed an act of
delinquency or an act indicating a need for supervision, and payment for such care will be made by
Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile
jurisdiction.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF
AN ORIGINAL.
P6
IN WITNESS WHEREOF, w4 hereunto affix our signature this day of
�„' D 20 (4.
Vol. 204 Pg. ; Y4
Brazos County
Probation Department q(Ay
0
Chief Juvenile Probation Officer
Ui
Authorized Personnel
Rnc4dule Regional Juvcnllc Censer
Nienllnn S, �icu Agoxmcni
S ptennba 1.2014 - Augusi 31. 2016
4M Youth Services, Inc.
Tia Coleman- Garrett
Facility Administrator
Vol. 204 Pg. Y7
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: July 29, 2014
SUBJECT: Utility Permit — Wellborn Special Utility District
Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road
bore under North Graham Road. Project will provide water service to new customer
at address #3924. Site is located in Precinct 1.
SUBMITTED BY:
i
'WAS
r1
APPROVED BY:
Lloyd Wassermann
Commissioner Precinct I
This request is APPROVED ENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: W 114
Vol. 204 Pg.
15
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company name],
hereinafter referred to as "Company" a Texas Utility [stare] Corporation, with authority to transact business in
Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right
to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as
shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Crossin
TYPE OF CONSTRUCTION
CHECK ONE
Bored
Jacked Driven
Cased
North Graham
60'
X
X
Facility to Parallel County Road Within lie t -0f•Wav
CONSTRUCTION TYPE
2" Diameter 0.10" Wall Thickness
Material Specification PVC
Maximum Operation Pressure 200 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 5 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60th day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol. 204 Pg. I- t7
expense arising in any mariner on account of the exercise or attempted exercise by said holder of the aforesaid lights
and privileges.
Any dcviaUcn from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the Couafy Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIG73TS OF WAY and incorporated
herein. for refereace.
In the event Compmty fails to obtain a perttdi prior to the Installation or (roes not Install mNlities hn compliance with
installation regn1rementsset forth herein (i.e. depth, location, etc), Contpany assluues oll manclal responsibilltyfor
damages and/or destrucllon of lines, cables, etc, based upon its faillrre to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant slipt(lales that
regnisites for hJmnclive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which Is contrary to thepollcles.
Tlris pennit is a revocable permit. Brazos County reserves the right to revoke this permit at any thne, in the sole
discretion of Brazos Cooly, for btierests of public heahh, safety or welfare, or far frdlure to repair any (damages
upon demand, or for any other reason deemed m ffrcient by Brazos County.
In the event Company jails to comply with any or all of the r'equtrements as set josh hereltt, the Comnly may take
such action as ii deems appropriate to compel corttpliattce. The County Brtgirteer fiu7lrer relains the right io revoke
this Permtll by verbal rnolicarlon to the ApplicanUCatuparty.
Failure to obtain this permit and /o notify the Coutrty Engineer's Ojfrce within 24 hours of beginning cousn•ttcliom
shall constitete grormds for jab sh tUdovrr.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
Wellborn SQD
Cons pany � lame
Step en Ckat
By:
Signature
C.e ral Manager
Title
P.O. Box 250
Address
Wellborn Texas 77881
City State Zip
979 -690 -9199
Phone Number
etsud.is @verizon .net /cvaud.ec @verizon.net
Email:
Vol. 204 Pg. -� %t�
WATER UTILITY AppRO VAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated 01- 2 J' Zo!'( excopt as noted below:
EXCEPTIONS: (Monthlf)ay/Year)
l� �L4N Alwaa
�ff�� Brazos County Bngin
j er
1° S• e --
-R'w A6,Fiv7
title
Vol. 204 Pg. e,2 %/
Wellborn Special Utility District
July 23, 2014
The Commissloner's Court of Brazos County
Attention County Judge:
Formal notice Is hereby given that Wellborn Special Utility Olatrict will construct a road bore for water line within the
right -ofway of a County Road in Brazos , County, Texas as follows:
Road bore will be made under North Graham Road. Bore will be made from existing 2` water line located on
the south aide to north side for a distance of III a minimum depth of 36" below ditch flow line,
The location and description of this line is more fully shown In drawings attached to this notice. The line will be
constructed and maintained In the County Road right -of -way in accordance with the Brazos County Roadway Safely
and Road Preservation Standards and governing taws.
Construction of this line will begin on or after July 23, 2014.
Regards,
p on C
General pager
Wellbo Special Utility District
P.O. Box 250 • 4118 Greens Prairie Rd. I Wellborn, TX 77881 4 979.690.9799 , Fax 979.690.1260
Vol. 204 Pg.
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9
BRAZOS COUNTY ROADWAY SAI+ETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTU, D IN
13RAZOS COUNTY RIGHTS OF WAY
A. CeteralRequhearents
1. Adequate drainage shall be maintained in ditches at all times.
2. Pennittw will use best mavagoment practices ( "BMP ") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The pennittee shall take precautions to avoid damago to property. All County Right of Way and property shall
be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed
representative.
4. The oonshuction and maintenance of such ad"ty shall not interfere with the property or rigbts of a prior
occupant.
5. Permittee shalt not interfere with other utilities located in the right of way. In ire event damages occur,
pertnittee will be liable to the County or other utilities naming through the right of way,
6. County Rngineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, thon the County Engineer will decide whether such project
will be allowed or if an alternative exists so ea not to inconvenience the public,
B. Safely Regieire�nexls
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures mast follow the Texas Manual of Uniform Traffic Control
Devices (TMUTCD). See Tra$fe Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may
be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,
signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners.
5. No cable, conduit and/or pole line shall be, laid, constructed, maintained and/orrepai ed so as to constitute a
danger or hazard of any kind to person's or vehicles using such road. Any poles placed in the Right of Way for
future installation shall be placed at the hack of the Right of Way. Rxcepdons may be approved by the County
Engineer.
C 7)'efJle ControlPlare
1. A traffic oouh of plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the pennit and kept at the job site anytime work is being performed.
Vol. 204 Piz. � /�-
IM
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearanco standards of the Texas Department of Transportation and
the pale be placed in the designated area for power specified as set forth in the 74as Utilities Cade, Section
181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to
the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate
location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths —utility may place deeper):
a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from
top of bank to top of back;
c, beat least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and peholeum lines, see High Pressure Pipelines requirements listed below;
d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less
than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch now line and cased. Waterlines
shall be cased if crossing under the roadway.
5. Utilities in all now developments that have 60 feet or greater of right ofway shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from back of
right -of -way).
Power _. 0 -2 feet, nominally I'
Phone -- 2 -4 feet, nominally 3'
Gas -4 -6 feet, nominally 5'
Cable 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner
as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final
approval of each utility location.
7. The length of any beach to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if
left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CATS WITMTT COUNTY ROAD PAVEIviBNT;
b. be pressure grouted for the full length of the messing if the annular apace between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure greuting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits
a, no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic conrol measures hr place. See Traffic Control Plan listed above.
c, pits shall NOT be located within ten (10) feet from the edge of pavement without prim approval from the
County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile
to prevent drainage problems;
Vol. 204 Pte. Y
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed fin ther.
from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the follow ng:
a, location must be approved by the County Engineer or his representative
b. backfrlled with cement stabilized material.
c, based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
daring a rainy period or at other times where excess water carmot be prevented from entering the trench
will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e, All disturbed base and pavement materials sball be removed and restored to the satisfaction of the County
Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be carefid to not jeopardize the slope or integrity of the shoulder of the road, hr the event
Company damages the slope, shoulder or any other portion of (lip right•of- -way, Company will be responsible
for repairing the damage and replacing the right -of -way to the condition it was prior to eotrtrnoncing
construction.
12, Operation of construction and /or maintenance equipment on the traveled surface of any improved County road
will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of
cables, conduits and /or pole lines cannot he accomplished by any othermethod and in this event all such
equipment shall be ofthe rubber the variety. Appropriate traffic control shall be provided meeting TMIITCD
requirements.
13. In the event said construction and/or maintenance and /or ropah requires Company to remove, out or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a
performance bond or letter of credit securing necessaryrepairs. Said bond amount will be determined by the
County Engineer.
14. The applicant shalt submit a letter of "No Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Eineigency wo1k
1. In the event Company is required to perform emergency services, that requires excavation in a County Right
of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall
notify ConntyEngineer within 24 hours of beginning constructioldrepairs. This will allow the County
Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County
Right of Way Find traffic safety controls used.
F. Re
,pairs exislingfacilities
J. Maintenance and /or repair to existing cables, conduits, and /or pole lines which require disturbance of the soil,
shall not be performed until plans describing such maintenance and /or repair have been approved by the
County Birgineer or designated representative and a permit has been obtained.
G. Relocation of nAliiies:
1. When and ifthe County Engineer determhros that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, whes, pipes, cables or other facilities
slid appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as
required by the County Engineer within a reasonable time as determined by fire County Engineer and Utility
Company, and at fire expense of the Utility Company.
Vol. 204 Pg. u
H. High Pressrn•e Pipelines
1. All utilitypeimits for ]dgh prossu a pipelines (generally 60 PSI ol greater), whether pertaining to controlled
access or non - controlled access installations, should contain the following additional information in the
description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maxhmum operation pressure of the pipeline
2. With the exception of the maximmn operation pressure of the pipeline, this information is to be supplied for
both the cluTier pipe and the casing.
3. Assurance must also be given that file installation material and design most the minimum Federal Safety
Standards for Liquid and Gas Pipe Linos. Assurance mustbe provided on company letterhead and signed by an
authorized representative of the company.
4. Petroleum Pipelines:
Depth
hj2e of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep
Encased Pipc Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Mast be covered with concrete pad at least 48 "deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum,
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines)
and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
Vol. 204 Pg. Z y
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BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: July 29, 2014
SUBJECT: Utility Permit — ETC Texas Pipeline, Ltd
Consider and take action on the ETC Texas Pipeline utility permit to construct road
bore under Edge School House Road. Project will lay 4" pipeline for transportation
of natural gas. Site is located in Precinct 2
SUBMITTED BY:
Jo 7. Salvato
Right of Way Agent
APPROVED BY:
Catalena
Precinct 2
This request is "PROVED / DENIED ❑ by Commissioners' Court
Duane Peters, Counr /ju/Jdge
DATE: �l ``T
Vol. 204 P2. .30t
APPLICATION FOR PIPELINE. UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now PI PFUh�� L 1 V• (company nanttJ, hereinafter referred to as
"Company" a (sm� Coipo ation, with authority to transact business in Texas, acting by and
through its duty authorized representative, and hereby petitions the County Engineer for the right to lay, construct,
maintain, repair and /or operate equipment under, over, across and/or along certain County Roads as shown on drawings
and diagrams attached hereto and said location described as follows:
Facility to Cross Rogd
oad Nat & Block umber
Length of
Crussin
TYPE OF CONSTRUCTION
CH ONE ECK
Bore
Jacked
Driven
Cased
Facility to Parallel County Road within Right-Of-Way
CONSTRUCTION TYPE
11
Diameter0�W011bickrim 19 High Pressure Underground ❑ Low Pressure Underground
Pipeline (60 psi or greater Pipeline (60 psi operating
Material Specification T operating pressure) pressure)
Minimum Yield Sirengtls
sure
fiykv-
Mimimum Operation Pres
The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed
drawings.
The Company shall commence actual constructio v in good faith within 60 days from the date of said permit and
shall complete said construction /work within working days. (COMPANY MUST FILL IN), If such
construction is not begun by the 60' day, Company will be required to apply for a new permit.
Company declares that prior to tiling this application, it has ascertained the location of all existing utilities, both aerial and
underground, and the riling of this application is prima facie evidence that the proposed installation will not conflict with
any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public
property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,
title and interest in the land to be entered upon and used by the holder and the holder will ai all times assume risk of and
indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising
in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative_
Vol. 204 Piz. 20 /
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agiees to comply with all rules of the County Commissioners and the County Engineer in construction of said
installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
!n the event Company fails to obtain a permit prior to the installation or does not install utilities lit compliance nvith
Installation requirements set forth herein (i.e. depth, location, etc), Company assranes all financial responsibilhy for
tlmnages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos Comity requirements.
Applicant agrees that if Brazos County demonstrates a violation of line terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policles.
This permit is a revocable perndt. Brazos County reserves (lie right to revoke this permit at tiny time, in lire sole
discretion of Brazos County, jar interests of public health, safety or welfare, or for failure to repair any damages upon
denand, or for any otter reason deemed sufficient by Brazos County.
In the even Company fails to comply with any or all of the requirements as set forth herein, lire County miry take such
action as it deers appropriate to compel compliance. The County Engineer further retains the right to revoke this
Pernit by verbal notification to the ApplicanUCompany.
Failure to obtain this permit amUor notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for fob shutdown.
By signing below, I ceilify that i am authorized to represent the Company listed below, and that the Company agrees to
the conditions /provisions included in this permit.
Vol. 204 pg. 1-02-
7
no
PIPELINE UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice doled 0�% S;, p�01� except as noted below:
(Month/DayNear)
EXCEPTIONS:
a-Ak -
Q Bra County Engineer
Vol. 204 Pe. S o 3
)S COUNTY
W. J. LEWIS
A -153
PROJECT ARD
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THOMAS BLAKE
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LIiDU INF EASED PROVIDED BY ENIRGV TRANSFER COMPANY OP.gB 'E 7- p RE2 >1R>4CF PLAN
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CONTENTS OF PIPELNE: NATURAL CAS
CARRIER: 4.50 O.D. N .237 W.T. N -42, FOE COATED STEEL •.• BOB6Y J. A1AY�
PIPELINE WIA SE CATNODIGALLV PROTECTED a' 4217 ?Q _33
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PROJECT NO. 103411-01 BRAms GO. AFE 445000000373 TEW
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THOMAS BLAKE
A 6 cEnrF / i l \`GOFRNER
ORNER J i DRFNgAkICIyRD N
C4LLE0 ,' 0E RrSlm AN0
LIiDU INF EASED PROVIDED BY ENIRGV TRANSFER COMPANY OP.gB 'E 7- p RE2 >1R>4CF PLAN
BEWINGS fM5E0 ON GRID NORM OBTAINED FROM / NORZ. 1• -50'
CRS OBSERVATKKI, T.S.P.C.S.. NAD 1883. CENTRAL ZONE
E AVONS BASED ON IIpI, NAVD W OBTMNCD FROM 628)'
CPS CBSID T.S,P.C.S., MAD 1983. CENTRAL ZONE
PROPOSED PIPELINE CROSSING w I
EDGE SCHOOL HOUSE ROAD d d W
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BRAZOS COUNTY, TEXAS kI s w
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LLam�^^ z
PIPELINE
WARNING
SIGN
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370 —
Z W I PIDINE PROPOSED O z z i ¢ PRIVATE DRIVE l NIN.'
WNR NC BICN A' MIN.
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PR E LOOKING NORTHEAST _
340 PROPOSED 4• PIPELINE lF. OF %• LE: mm. 1'.80' 340
NOTES: P /G15jE F VERT. 1' -20'
CROSSING MODE: BORING
CONTENTS OF PIPELNE: NATURAL CAS
CARRIER: 4.50 O.D. N .237 W.T. N -42, FOE COATED STEEL •.• BOB6Y J. A1AY�
PIPELINE WIA SE CATNODIGALLV PROTECTED a' 4217 ?Q _33
PIPELINE W RNING SIGNS TO BE INSTALLED M R/W FENCES 7ii•�FF93��� /y� J- MAr
62.57 FEET - 3.61 RODS SUTRJE NNEPGS4T2EIAEO PIID11T:ssoN.M INJD suR,EroR
ENERGY TRANSFER
WR E.t 6an4n49Na. -S. MO
*00 TWMVIC(10)40I1>LN F. (21O 0HSW
I 5 19 CW ADDED 10' DEPTH AND COORDINATES
REV. DArz er DESGIPRON I CNN. HILL — MILBURN UNIT #1H WELL CONNECT
PROJECT NO. 103411-01 BRAms GO. AFE 445000000373 TEW
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DEAN BT: CUI IDAIIE a/23 /2p14 DRG. NO. REV.
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of
examples of BMPs) to minimize erosion and sedimentation resulting from the proposed
installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and
property shall be restored to its original condition, as far as practical, in the opinion of the County
Engineer or appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a
prior occupant.
S. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permitted's plans shall inconvenience the public. If it
is determined that inconvenience to the public exists, then the County Engineer will decide
whether such project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of
Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices,
as may be necessary, in order to safely conduct the public through the project area. Company
shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and /or pole line shall be laid, constructed, maintained and/or repaired so as to
constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed
in the Right of Way for future installation shall be placed at the back of the Right of Way.
Exceptions may be approved by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific
nighttime traffic control measures pursuant to the TMUTCD;
b. if construction is within ten (10) feet of the roadway; or
c. any work performed in the road right -of -way;
Vol. 204 Pg. J0
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of
Transportation and the pole be placed in the designated area for power specified as set forth in
the Texas Utilities Code, Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved
to the appropriate location at the company's expense. Exceptions may be approved by the County
Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area
measured from top of bank to top of bank;
c. be at least forty -eight (48) inches below ditch Flow line if low pressure gas or petroleum lines.
For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed
below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of
way of less than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured
from back of right -of -way).
Power— 0 -2 feet, nominally I'
Phone — 2 -4 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above, however, the County Engineer or its designated
representative will provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and
casing and soil exceeds one (I) inch. Brazos County must be given 24 hours notice of
pressure grouting operations and have the opportunity to have an inspector on site to observe
pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling
and joints.
Vol. 204 Pg. ,3U
Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior
approval from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting
the spoil pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity;
f. based upon soil conditions; the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backtill
placed during a rainy period or at other times where excess water cannot be prevented
from entering the trench will be considered TEMPORARY and shall be replaced with
PERMANENT cement stabilized material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of
the County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the
event Company damages the slope, shoulder or any other portion of the right -of -way, Company
will be responsible for repairing the damage and replacing the right -of -way to the condition it
was prior to commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved
County road will not be permitted, except in an instance whereby the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any
other method and in this event all such equipment shall be of the rubber tire variety. Appropriate
traffic control shall be provided meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to
provide a performance bond or letter of credit securing necessary repairs. Said bond amount will
be determined by the County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergency work
In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs,
Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will
allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of
the County Right of Way and traffic safety controls used.
Vol. 204 Piz. 10 Y
F. Repairs to existing facilitks
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of
the soil, shall not be performed until plans describing such maintenance and/or repair have been
approved by the County Engineer or its designated representative and a permit has been
obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road, any or all poles, wires,
pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from
said road, or reset or relocated thereon, as required by the County Engineer within a reasonable
time as determined by the County Engineer and Utility Company, and at the expense of the Utility
Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non - controlled access installations, should contain the following additional
information in the description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Tyne of Pipeline (below deepest ditch ¢rade) Special Reauirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall he minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
Vol. 204 Pg. 16<7
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO. 13/14 41.1 — 41.5
On this the 29th day of July 2014 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 29th day of July 2014 the Court heard and approved a budget amendment for
the 2013 -2014 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessityto meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 10 September 2013, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 29th day of July 2014.
THE COMivIISSIONERS 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
Vol. 204 Pg. .1/
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14. 41.1
7129/2014
accommodation Reallocation of funds for the purchase of a medical
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 41.2
Mikulin Road
of funds for roadway construction of Mikulin Road at the UPRR Track. This is pan of the RCF Grant at the Texas Triangle
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5 scanners.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114.41.3
Vol. 204 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14. 41.4
7/29/2014
ACCOIAT NAME
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Co .
Reallocation P3005 Printcr.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 41.5
7/29/2014
Equipment - Other
Computer Software �-
General Capital . -_ --
:Reallocation of funds to purchase a Laserfiche astem upgrade.
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M
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 29,-2014
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Collections Romero, Theresa New Hire
Expo Center
Urrutia, Gilbert
New Hire
Juvenile
Chumley, Keith
Griddle, Steven
Step Increase
State Stipend
Road and Bridge
Weeks, Jr, Edward
Termination
S.O. — Administration
Stone, Elizabeth
Promotion
S.O. — Jail
Brown, Christopher
Reinstated
Employee
Approved in Commissioners' Court: Jul 29 t014; County Judge's or Commissioner's Signatur
(This Copy to be attached to minutes)
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ORDER 14 -008
APPROVING THE AMENDMENT OF THE PROJECT PLAN AND FINANCING PLAN
FOR "REINVESTMENT ZONE NUMBER 10, CITY OF BRYAN, TEXAS ", AND
ORDAINING OTHER MATTERS RELATED THERETO.
WHEREAS, the City Council of the City of Bryan, Texas (the "City ") has created,
as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax
Code, Vernon's Texas Codes Annotated (the "Act "), a tax increment reinvestment zone
within the City designated "Reinvestment Zone Number 10, City of Bryan, Texas" (the
"Zone " "); and,
WHEREAS, the Act provided for the implementation of a project plan and
reinvestment zone financing plan as well as amendments to the Plan (collectively the
"Plan ") for the Zone; and,
WHEREAS, Brazos County, Texas ( "Brazos County ") acting by and through its
governing body, the Commissioners Court, entered into an Interlocal Agreement ( "ILA ")
with the City on June 13, 2000, which provides that Brazos County shall be permitted to
review and approve the original Plan and any amendment of the Plan before the Plan is
submitted to the City for approval; and,
WHEREAS, the Board of Directors of the Zone have recommended that the Plan
be amended to provide that additional "Project Costs" be funded by the Zone; and,
WHEREAS, the City of Bryan staff have determined that it is necessary and
advisable to consider adding additional Project Costs for the Zone and to amend the
Plan to reflect the additional Project Costs; and,
WHEREAS, in accordance with the ILA, the City of Bryan staff have sought the
review and approval of Brazos County prior to the submittal of the amended Plan to the
City; and,
WHEREAS, Brazos County, after consideration and review of the proposed
amendment to the Plan has determined that it will approve an amendment to the Plan
that provides for: SECTION 2: That the City hereby approves an amendment to the
plan for an amount not to exceed $3,800,000.00 to be used for TIRZ 10 administrative
costs; lakes, parks and trail improvements and amenities; pavilions; an observation
tower; public restrooms; a wellness center; on- street parking; water; sewer; streets;
drainage; gas; electricity; high -speed internet and data extensions; patterned concrete
or brick pavers; common area landscaping; site lighting; benches; trash cans; signage;
and shared town center parking. In addition, this amendment is to reaffirm the use of
$2,400,000.00, included in the original project and finance plan, for the construction of a
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publicly available, privately owned hotel conference center within the Atlas
Development.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS:
That the County hereby approves an amendment to the Plan: SECTION 2: That
the City hereby approves an amendment to the plan for an amount not to exceed
$3,800,000.00 to be used for TIRZ 10 administrative costs; lakes, parks and trail
improvements and amenities; pavilions; an observation tower; public restrooms; a
wellness center; on- street parking; water; sewer; streets; drainage; gas; electricity; high-
speed internet and data extensions; patterned concrete or brick pavers; common area
landscaping; site lighting; benches; trash cans; signage; and shared town center
parking. In addition, this amendment is to reaffirm the use of $2,400,000.00, included in
the original project and finance plan, for the construction of a publicly available, privately
owned hotel conference center within the Atlas Development.
APPROVED, this
day of _)U to _,20
Duane Peters
I
id 4Lk�
loyd Wassermann
Commissioner, Precinct 1
Kenny h Ilard
Commissioner, recinct 3
ATTEST:
Ka en McQueen
County Clerk
County Judge
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