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2014-08-26 10:00AM REGULAR MEETING
BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA 22 P f (8 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 26, 2014 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE,, SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 37: 3. Resolution No 14.012 recognizing Jack Donovan's years of service to the Brazos Valley Community. 4. Request for out- of-state travel for Fiona Lockhart-Mover and Maggie Cannon to attend the 2014 5. Approval of the daily amount of reimbursement of expenses for a person who reports to jury service for Fiscal Year 2015. 6. Approval of non - profit agencies for furors to have the option to donate all or part of their juror payments to for Fiscal Year 2015. 7. Approval of Juror Payment Authorization Fonns for Fiscal Year 2015. 9. Request for approval of a variance of the Comp Time Policy allowing County Attomey Investigators to carry over their accrued comp hours into FY 2015. 10. Vol. 206 Pg. � 11. Consider and take action on NRA grant application by Constable Pct. 1 12. Consider and take action on NRA -grant application by Constable, Pct. 2 13. Interlocai Agreement with the City of Bryan and City of College Station for Emergency Ambulance Service for FY 2014. 14. First Amended Interlocal Agreement between Brazos County and the City of Bryan for the Performance of governmental functions pertaining to Mikulin Road. 15. Maintenance Grant Contract No 1554377 with the Office of the Attorney General for the State 16. Title IV -E Child Welfare Services & Legal FY 2015 Contract Nos. 23940056 and 23940059. 17. Consider and take action on a contract renewal with Grayson County for juvenile residential services. 18. Consider and take action on a contract renewal with Cameron County for juvenile residential services. 19. Consider and take action on a contract renewal with Glen Mills Schools for iuvenile residential services. 20, Permission to advertise Bid No. 2014 -77 for Vehicle Equipment Installation. 21. Capital Requisition No 00048148 to CME Testing and Engineering Inc. in the amount of $50.000.00 for all material testing on Mikulin road. 22. Requisition No 00048150 to Convergent in the amount of $13.397.00 for the installation of controls for the cooling tower at the Courthouse. 23, Consider and take action on the Final Plat of Lot 57A Willow Run Phase 3A, 6.182 Acres. Being an Amending Plat of Lots 56 and 57 Willow Run Phase 3A: recorded in Volume 3244 Page 267 (BCOR)' (College Station ETJ) Brazos County Texas Site is located in Precinct 1 24 Consider and take action on request from Justin Duncum for variance to the platted minimum 50' 1. 25. Request permission to enter Private property owned by wawa ana Mldnelle Leatnam iocatea on mu Road Proiect will extend driveway slope to achieve proper roadway alignment Site is located in Precinct 1, 26. Request permission to enter private property owned by John Whiting located on Boxlev Bend Proii will remove rip -rap material that has washed under fence onto private Property. Site is located in Precinct 4. 27. Consider and take action on the Apache Corporation utility Permit to construct road bores under Leonard Road approximately 6,475' southwest of SH 47 Project will connect several oil wells in the area. Site is located in Precinct 4. 28. Consider and take action on the Apache Corporation utility permit to construct road bores under Leonard Road approximately 5,11 S' southwest of SH 47 Project will connect several oil wells in the area. Site is located in Precinct 4. 29, Treasurer Report for June 2014 & Quarter Ending 6130114. 30. Tax Refund Applications for the following: • a James Smith - overpayment - $45.00 • b. CitiMortgage Inc. - payment in error - $31.650.49 31. Budget Amendments. Budget Amendments FY 13114 45.1 thru 45.10 Vol. 206 Pg. % l 1I ' 32. Requisition No 00048145 to Brazos Technology in the amount of $3.729.00 for JP Pct. 1 to purchase a ticket writer using JP technology funds. 33. Approval of the following requisitions for the capital CSCD card reader access project • a Requisition No 00048151 to Oak Security Group in the amount of $262.36 • b Requisition No 00048152 to Metroplex Control Systems In the amourd of $802.00 34. Personnel Change of Status. Personnel Action Forms 35. Payment of Claims. 36. Convene into Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues relating to a contract being negotiated. 37. Consider and possible action on Executive Session. 38. Sheriffs report on inmate population. 39. Announcement of interest items and possible future agenda topics. 40. Call for Citizen input and/or concerns. 41. Adjourn. Vol. 206 Pg.� PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes par 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 pavers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper reaped and decemm in speaking to, andlor addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is lt 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 andlor any person in the Court's presence and /or rectal, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; - 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge andlor Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or tc ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. 206 Pg. 1 FfS v G .G... VA BRAZOSCOUNTY BRYAN,TEXAS MINUTES August 26, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING U: Signature Page.odf E File Stamped Agenda.pdf V" Sign in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, August 26, 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 Mallard. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 37: Vol. 206 Pg. � �Y 3. Resolution No. 14 -012 recognizing Jack Donovan's years of service to the Brazos Valley Community. U Item df The Court voted unanimously to adopt Resolution #14 -012 recognizing Jack Donovan and expressing gratitude for his years of service towards making a safer, better prepared community. The County Judge presented Mr. Donovan with the resolution along with a national award from the White House honoring him for his service. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 4. Request for out -of -state travel for Fiona Lockhart-Meyer and Maggie Cannon to attend the 2014 International Fairs and Expositions Conventions to be held in Las Vegas, Nevada. Dates of travel are December 7 -11, 2014. All travel expenses will be funded by the Brazos Valley Fair and Exposition. RS Item 4.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 5. Approval of the daily amount of reimbursement of expenses for a person who reports to jury service for Fiscal Year 2015. Item 5.0 The rates are as follows: $6.00 for the first day $40.00 each day thereafter Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 6. Approval of non - profit agencies for jurors to have the option to donate all or part of their juror payments to for Fiscal Year 2015. 0 Item 6.0 The list of non - profit agencies are as follows Crime Victims' Compensation Fund (mandated) Brazos County Child Welfare Board (mandated) Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Approval of Juror Payment Authorization Forms for Fiscal Year 2015. 0 Item 7.odf A copy of the Juror Payment Authorization Form 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. 206 Pg. El V4 Item 8.odf Request from the Brazos County Expo for a 120 day extension to the comp time pay out deadline for full time hourly employees. This request is being made due to the heavy fall Expo event schedule, the Brazos Valley Fair & Expo and the specific events scheduled prior to and immediately after the Fair. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 9. Request for approval of a variance of the Comp Time Policy allowing County Attorney Investigators to carry over their accrued comp hours into FY 2015. L� Item 9.0 Commissioners Wassermann's motion allowed for an extension of 120 days. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 10. Request from the Expo for indemnification of $40.00 for a shortage that was found in an audit by the Brazos County Auditor's office of undeposited cash funds from livestock bedding material from the TAMU Saddle and Sirloin Show. Item 10.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 11. Consider and take action on NRA grant application by Constable, Pct. 1 IL Item 11.od( The Court approved as submitted a 2015 NRA Grant Application submitted by the office of Constable Precinct 1 requesting funding for equipment, supplies and competition /marksmanship items. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 12. Consider and take action on NRA grant application by Constable, Pct. 2. 0 Item 12.odf The Court approved as submitted a 2015 NRA Grant Application submitted by the office of Constable Precinct 2 requesting funding for equipment, supplies and competition /marksmanship items. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 13. Interlocal Agreement with the City of Bryan and City of College Station for Emergency Ambulance Service for FY 2014. E Item 13.odt The Court approved as submitted an Interlocal Agreement between Brazos County and the cities of Bryan and College Station for Emergency Medical Ambulance Service. The Vol. 206 Pg. Z7�2 cost to Brazos County will be $343,422.00. The term of the contract is for twelve (12) months commencing on October 1, 2013 and terminating September 30, 2014. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. First Amended Interlocal Agreement between Brazos County and the City of Bryan for the performance of governmental functions pertaining to Mikulin Road. Item 14.odf The Court approved as submitted the First Amended Interlocal Agreement between Brazos County and the City of Bryan for the performance of governmental functions that include maintaining and operating streets, easements and other public rights -of -way within the Texas Triangle Park and Inland Port more specifically Mikulin Road. The County agrees to accept Mikulin Road into the County Road System and agrees to be responsible for maintenance. The City will be responsible for the maintenance and repair of the private rail spur. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 15. Maintenance Grant Contract No. 1554377 with the Office of the Attorney General for the State Automated Victim Notification System (SAVNS). Term of contract is September 1, 2014 to August 31, 2015. G' Item 15.odf 16. The Court approved as submitted a Contractual Agreement between Brazos County and the Office of the Attorney General the continue the OAG Statewide Automated Victim Notification Service (SAVNS) grant program that will provide relevant offender release information, notification of relevant court settings or events. The term of the contract is for twelve (12) months commencing on September 1, 2014 and terminating August 31, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. U Item 10.0 Title IV -E Child Welfare Services & Legal FY 2015 Contract Nos. 23940058 and 23940059. The term of the contract is for twelve (12) months commencing on October 1, 2014 and terminating September 30, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 17. Consider and take action on a contract renewal with Grayson County for juvenile residential services. C Item 17.od( Vol. 206 Pg. �4,-71 The cost to Brazos County is as follows: Standard Residential Care -$103 Specialized Residential -$148 Psychiatric Medical Review -COST Psychological Counseling -$72 hr. individual/ $28 hr group Psychological (Full Battery) -$600 LPC Psychological Evaluation- $275 Medical Services -COST Dental Services -COST The term of the contract is for twelve (12) months commencing on September 1, 2014 and terminating August 31, 2015. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters, Wassermann . 18. Consider and take action on a contract renewal with Cameron County for juvenile residential services. BE Item 18.edf The cost to Brazos County is $95 per day per child. The term of the contract is for twelve (12) months commencing on September 1, 2014 and terminating August 31, 2015. 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. 19. Consider and take action on a contract renewal with Glen Mills Schools for juvenile residential services. K Item 19.0 The cost to Brazos County is as follows: $139.86 per day per child Non IV -E $148.22 per day per child IV -E The term of the contract is for twelve (12) months commencing on September 1, 2014 and terminating August 31, 2015. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Permission to advertise Bid No. 2014 -77 for Vehicle Equipment Installation. 0 Item 20.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 21. Capital Requisition No. 00048148 to CME Testing and Engineering, Inc. in the amount of $50,000.00 for all material testing on Mikulin road. 0 Item 21.odf Vol. 206 PLF. �7z Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 22. Requisition No. 00048150 to Convergentz in the amount of $13,397.00 for the installation of controls for the cooling tower at the Courthouse. 9: Item 22.0 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 23. Consider and take action on the Final Plat of Lot 57A Willow Run Phase 3A, 6.182 Acres, Being an Amending Plat of Lots 56 and 57 Willow Run Phase 3A; recorded in Volume 3244, Page 267 (BCOR); (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. M Item 23.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 24. Consider and take action on request from Justin Duncum for variance to the platted minimum 50' building setback requirement for Lot 3, Block 4 Hidden Springs Phase 1 Placement of the structure is at 29.7' which exceeds Brazos County's minimum 25' setback requirement. Site is located in Precinct 1. 2' Item 24.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 25. Request permission to enter private property owned by David and Michelle Leatham located on I &GN Road. Project will extend driveway slope to achieve proper roadway alignment. Site is located in Precinct 1. 1Z Item 25.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 26. Request permission to enter private property owned by John Whiting located on Boxley Bend. Project will remove rip -rap material that has washed under fence onto private property. Site is located in Precinct 4. Item 26.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 0 -0. 27. Consider and take action on the Apache Corporation utility permit to construct road bores under Leonard Road approximately 6,475' southwest of SH 47. Project will connect several oil wells in the area. Site is located in Precinct 4. 9t Item 27.0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters. Wassermann . Vol. 206 Pa. X 73 28. Consider and take action on the Apache Corporation utility permit to construct road bores under Leonard Road approximately 5,115' southwest of SH 47. Project will connect several oil wells in the area. Site is located in Precinct 4. L: Item 28.odf 29. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Wassermann . BE Item 29.0 Treasurer Report for June 2014 & Quarter Ending 6/30/14. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for June 2014 and Quarter ending June 30, 2014. A copy of each is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 30. Tax Refund Applications for the following: Its item 30.0 • a. James Smith - overpayment - $45.00 • b. CitiMortgage, Inc. - payment in error - $31,650.49 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 31. Budget Amendments. Budget Amendments FY 13/14 45.1 thru 45.10 Item 31.0 45.1 Reallocate funds for IT Services 45.2 Transfer funds from General Fund Contingency to Constable Precinct 4 45.3 Reallocate funds for Constable Precinct 3 45.4 To account for construction on Mikulin Road 45.5 Reallocate funds for Justice of the Peace Precinct 1 -Tech Funds 45.6 Reallocate funds for Juvenile Services 45.7 Transfer funds from General Fund Contingency to CSCD 45.8 Transfer funds from General Fund Contingency to Sheriff - Administration 45.9 Transfer funds from General Fund Contingency to Constable Precinct 4 45.10 Reallocate funds for Capital Improvements Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard. Peters. Wassermann . 32. Requisition No. 00048145 to Brazos Technology in the amount of $3,729.00 for JP Pct. 1 to purchase a ticket writer using JP technology funds. 2L Item 32.odt Vol. 206 Pg. 1127 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 33. Approval of the following requisitions for the capital CSCD card reader access project: C Item 33.0 • a. Requisition No. 00048151 to Oak Security Group in the amount of $252.35 • b. Requisition No. 00048152 to Metroplex Control Systems in the amount of $802.00 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 34. Personnel Change of Status. Personnel Action Forms LU Item 34.pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 35. Payment of Claims. V- Claims Sheetpdf e BILL LIST 08.26.14.pdf 7124671 through 7124884 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 36. Convene into Executive Session pursuant to Texas Government Code 551.0725 to deliberate business and financial issues relating to a contract being negotiated. At this point, the County Judge announced the Court would consider items 38 through 40 then return to convene into Executive Session to deliberate business and financial issues relating to a contract being negotiated pursuant to Section 551.0725 of the Texas Government Code. Bill Ballard informed the Court that in order to meet under 551.025 the Court must make a few determinations first. Texas Government Code Section 551.0725 provides as follows: (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the Commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; Vol. 206 Pg. T� (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. Bill Ballard, Civil Counsel then submitted a written determination to be included in the minutes that stated deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. At this point Commissioner Mallard moved to go into closed session in reference to Section 551.0725. Commissioner Cauley seconded the motion. It carried unanimously. Having determined and voted that to deliberate in open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third party at 10:31 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to deliberate business and financial issues as allowed under Section 551.0525 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Charles Wendt, Purchasing Agent Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 37. Consider and possible action on Executive Session. At 10:57 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 38. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 656 inmates in jail, 45 have electronic monitors and 9 are pending for monitors. 39. Announcement of interest items and possible future agenda topics. Bill Ballard, Civil Counsel stated he would be presenting the grant request submitted by Constable Precinct 4 at a future meeting. 40. Call for Citizen input and /or concerns. There was no citizen's input. 41. Adjourn. Vol. 206 Pg. 2 7� The foregoing minutes of the Commissioners Court meeting held August 26, 2014 have been examined and are approved in open Court this —12+ day of 2014, in Bryan, Brazos County, Texas . Duane Peters County Judge §Smy Cat is Commissio er, Precinct 2 Commissioner, Precinct 4 Attest: Karen McQueenL County Clerk Lloyd sermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Vol. 206 Pg.. %/ P� L of BRAZOS COUNTY COMMISSIONER'S COURT g, KgDAY OF , 20/ NI(CO AM/ Name W1.r i� :3 v,1104 Ulm 1 Organization (PLEASE PRINT) �' j �r G>4LlN�O ENG //�iF�i25 4p. Kyle, 1�GC�1 ,-Pe.6� C %e-csS NA[ /fE n�C �`� s!' cmy ate, Vol. 206 Pg. aZ%il PnZ of S- BRAZOSCOUNTY COMMISSIONER'S COURT ,23 DAY OF /2 , cD AM/I_ Name (PL SE PRINT) cnW Liman Vim G6 z - �- .zLl�f V�,Ycon�.eU lix .-7 EMT 20�� Organization (PLEASE PRINT) T64�( -T,)q-� v )iM 1Z UbV� ty to LxosS Vol. 206 Pg. �% BRAZOS COUNTY COMMISSIONER'S COURT , DAY OF 4 • ! FW Name (PLEASE PRINT) Pg 75 of,�- Organization (PLEASE PRINT U 11�LOt La. 47 t VoL 206 Pg. 7?o76 Pg4 -- oV- BRAZOS COUNTY COMMISSIONER'S COURT ,g, DAY OF , 20 /SG d v AMA, Name (PLEASE PRINT) �c M'• Organization (PLEASE PRINT) -T,4-a4L-" Red Cass R'��C raS 'Pee.Q Goss � --nq -s ,19114 D Q--- Vol. 206 Pg. a-9"Yll Pg �;-of 5- BRAZOS COUNTY COMMISSIONER'S COURT o?3�DAY 161,00 Name (PLEASE PRINT) OF , AM/ W, 20 t Organization (PLEASE PRINT) P c POF -a-- Vol. 206 Pg. "t <�? /.Iw- (60Z - Resolution John "Jack" Donovan WHEREAS, John "Jack" Donovan was born in 1936 in Bryan, Brazos County, Texas and has since then dedicated his life to serving his country and community; and WHEREAS, Jack Donovan served twenty-one (21) years in the United States Navy; and WHEREAS, between 1950 -1980, while Jack Donovan was not inactive service, he was a volunteer firefighter; and WHEREAS, from 19842001, Jack Donovan worked at the Texas A &M University Firefighting Training grounds; and WHEREAS, after retiring in 2001, Jack Donovan joined the Brazos Valley Community Emergency Response Team (CERT) and later joined the American Red Cross Heart of Texas Chapter, Salvation Army, and Habitat for Humanity; and WHEREAS, over the course of one year, Jack Donovan helped half of all Red Cross clients affected by disaster. Because of Jack's exceptional involvement as an American Red Cross disaster response volunteer, he was presented with the Volunteer of the Year award in 2013. Mr. Donovan is also a member of the Red Cross Disaster Action Team that responds to all types of disasters in the community; and WHEREAS, Jack Donovan demonstrates his commitment to serving his community by always assisting those who call upon him for help. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County takes this opportunity to recognize Jack Donovan and express gratitude for his years of service towards making a safer, better- prepared community. DULY adopted this 26`" day of Aug 4 is Bryan, B fI`aI— - Co , Texas. Duane Peters County Judge Cominissioner Lloyd Wassermann mmiss' ter Sammy Catalena Precinct 1 reeigern L CommissionbcNenny Ma rd Precinct 3 14 -012 Vol. 206 Pa. ��' 3 Brazos County Y� 300 E. 26m St., Suite 1200 Bryan TX 77803 '�r�- (979) 361 -4230 Marc Hamlin District Clerk JUROR PAYMENT AUTHORIZATION FORM Juror Name: Summons 10: Date: Reimbursement Rate: $40.00 Thank you for your jury service in Brazos County. Texas law entities you to receive reimbursement for your travel and other expenses. Now that you have been selected as a Juror or Jury Selection has lasted more than one day, you are entitled to receive $40.00 per day after the first day. Sincerely, Marc Hamlin, District Clerk *Please check one of the following: ❑ 1 want to be paid. OR ❑ I would like to donate to: Crime Victims' Compensation Fund Provides service to assist victims of crime. OR ❑ I would like to donate to: Brazos County Child WeHare Board Advocates for the protection of children from abuse and neglect. *Jurors Signature Date By my signature, I acknowledge that 1 have directed the Brazos County Treasurer to disburse the funds as indicated above. 'ALL FUNDS NOT DESIGNATED WILL BE RETAINED BY BRAZOS COUNTY Vol. 206 Pg. ,4 S V Brazos County ; 300 E. 261h St., Suite 1200 Bryan TX 77803 v (979) 361 -4224 Marc Hamlin District Clerk JUROR PAYMENT AUTHORIZATION FORM Juror Name: Summons ID: Court: Date: Reimbursement Rate: $6.00 Thank you for your jury service in Brazos County. Texas law entities you to receive reimbursement for your travel and other expenses. In Brazos County, the rate is set at $6.00 for the day of Jury Selection. If you are selected to serve as a juror, you are entitled to receive $40.00 per day after the first day. Again, thank you for your jury service. Sincerely, Marc Hamlin, District Clerk *Please check one of the following: 0 1 want to be paid. OR ❑ I would like to donate to: Crime V"ms' Compensation Fund - provides service to assist victims of crime. OR ❑ I would like to donate to: Brazos County Child Welfare Board - Advocates for the protection of children from abuse and neglect. *Juror's Signature Date By my signature, I acknowledge that I have directed the Brazos County Treasurer to disburse the funds as indicated above. *ALL FUNDS NOT DESIGNATED WILL BE RETAINED BY BRAZOS COUNTY Vol. 206 Pg. z y> 2015 NRA Foundation GENERAL Grant AP ROVE Application e meter Date County Judge GENERAL GRANT Application Submission The purpose of the GENERAL GRANT application is to request funding to be used for equipment, supplies, and competition /markmanship items for your program. If you are requesting funding to support PHYSICAL IMPROVEMENT projects to your RANGE OR FACILITY, you must utilize the NRA Foundation RANGE GRANT APPLICATION. If you are requesting PERMANENT RANGE IMPROVEMENTS click HERE To access the GENERAL GRANT GUIDELINES click HERE APPLYING ORGANIZATION INFORMATION 0-F rdm W , tundincj ' 1. Appl,yinS Brazos County 2. an ,,Orgiz;p,, "' to. n t e e Please only enter the street 12845 F.M. 2154, Ste. 140 tO- 344--,J,Gj: • mh 3., Organization City Dogtilt 'Wtclty Jhave p-p p pulation p of 5,0'i000 or fterv;4 .. College Station Yes 4, -3 .RVWNA I � -�' " 011roanlllzatldh-,.,t�Stat� �fti .�"W 6 % 6W�Ziv '00 #M codd TX 77845 0 i OUNT fiyour.rqan1Za .1on oca 7a d? Brazos V"-ft"a" t is your organization's . -1 1 - ur t FEDI 74-6000433 gqj 4 4 FgRpiza j a. ry Law Enforcement ATTACHMENTS In the spaces below, please upload your organization's supporting documentation. Fora visual guide and step by step directions on how to attach a document please click HERE What are *exanples 'of necessary documents? Click; the blue boxes °irez flo e ach attachment for a Form W9.p 2 n :O,.RGANIZA ION BYLAWS, R CODE OF CONDUCT BCCO Code of Conduct and Firearms Poll 3. ORGANIZATIG"INANCIAL�'STATEMENT al;' S,;I�;, AN FY2015 Proposed Budget.pdf a {IJli�fd'�IS 4 ORGANIZATION LEADERSHIP fl�w:r�11��ept;Eli.� BCCO Chain of Command.pdf FEDERAL TAX EXEMPT STATUS Organization Tax 'St atlus;; Choose the IRS classification of your organization Government Agency, department or public school If you are exempt from FEDERAL TAX as a 501(c) entity, please upload your organization's IRS Determination Letter showing 501(c) status. -Y -o},- 206 - -Fg: - -A - 1. ORGANIZATION IRS 501(C) DETERMINATION LETTER If your organization is NOT a 501(c) Tax Exempt Organization, please proceed to page 5. If your organization is a 501(c) Tax Exempt Organization and you have attached your IRS Determination Letter, please proceed to page 6. ORGANIZATION STATE NONPROFIT STATUS Is your organization INCORPORATED as a NONPROFIT organization in your state? No If you selected YES, please upload your STATE ARTICLES OF INCORPORATION 1. ARTICLES OF INCORPORATION' If you are NOT incorporated as a nonprofit organization in your state (applicable to government agencies only), please proceed to page 6. V ©l: - -2O6 -fig: � -- - CONTACT INFORMATION Provide the information of the person who will be responsible for receiving correspondence regarding your proposal. NOTE: All corr"A ence is sent electronically (email). Please ensure your primary contact is able . to receive email and respond in a timely manner Al 1. ref ix 2;, "F' ll r'st" Name 3. -Last N a m e Mr. Eric Bales 4.;jSuffix 5. Title within orgahiz"atibin <None> Deputy Constable "11 6. Street Addresss"� '!1ji 230 Kensington Drive 7. City 8. state 9�r ip,code Cibolo TX 78108 7 Ur r.;m 10. Phone Numbe 56" 2109123740 0 1- 6'74'N b 11. Alternate Ph" -ne um er:, ANO, 7 -p! A. . . V WN 12. E-mail Address eric@bales.com 3, 13. Alternate Email Address eric.bales@gmaii.com -VM.--206--Pg-. --;90 • ------ SECONDARY CONTACT INFORMATION Please provide a backup contact for your request. NOTE: This person will receive a copy of all correspondence regarding the application. NOTE. All correspondence is sent electronically (email). Please ensure your secondary contact is able to receive 1. Prefix 2. First Name 3. Last Name � d a Mr. Jeff Reeves 4._ Suffix 5. Title within organization © B <None> Constable Vx r 6. Street Address ky0 i,p °a' Sr'wre Ar�fke lrtt r a rWW�V W�ieA�p+ grkkU d s t tr r e:nl I fm S �i�jj..rde �-?d dl"r,1� r @r 3 z•Yw.; `�r r .r..i'lr kEnl'[ r 3a.1$- �cir UU. �.n`ee.•i.. 3. 4..r1•'� - .. 12845 F.M. 2154, Ste. 140 7. City a. state 9. Zip code d & li� College Station TX 77845 '°'ii l'lar ly.ir ��r °1lr@ i:& �k }n�i'rll' yi ir..aw°.a5w ri�rr.'�e� Stni�is S' 10. Phone Numbir,- Ily IF r !i i5 L M r d g h d i�r lay R.nk � n..4 rrJt N4V:.: Yri a�...T•...� ffi ., r E °'. s.4{ a:C4 9796950030 - -- - Vol-. - 206 --Pg: ...... us - GRANT REQUEST INFORMATION ng law enforcement tools to Brazos Cou 1. The goal of this funding request is to place law enforcement tools into the hands of the deputies of the Brazos County Constable's Office, Precinct 1 so they may safely and confidentially perform their duties. Each item increases officer safety and safety of the public at large. It was the absence of this type of equipment that permitted the August 13, 2012 gun fight in College Station to continue for 30- minutes and claim the life of then - Constable Brian Bachman, one bystander, and injure three officers and another bystander. We want to equip OUR DEPUTIES to end this kind of fight much sooner should it ever occur again. FIREARMS. We are seeking five .223 patrol rifles with Reflex Sights our full -time deputies. We are also seeking five 12 -gauge shotguns for each full time deputy. An additional rifle and shotgun are requested for use among our sixteen reserve deputies. The only firearms presently available are individually -owned handguns, which are ill- suited for confronting an active shooter. GUN SAFE and LOCKING VEHICLE RACKS. Brazos County wants to protect the investment the N.R.A. is making by having the means to properly store these firearms on and off duty. By equipping each vehicle with a dual locking rack our deputies will not have to worry about the firearms being stolen from the vehicle and used against them. With the gun safe these firearms can be securely stored during off -duty periods. HANDHELD RADIOS. Right now our reserve deputies do not have a handitalkie available to them. When they get out of the car on traffic stops or enter a residence, they are completely cut -off from dispatch. If something goes wrong they will have to fight their way back to the car to call for help. I would like to be able to provide two handheld radios to be shared among our sixteen reserve deputies as they rotate through volunteer duty. BALLISTIC VESTS. It is unimaginable that in today's world a law enforcement officer would put on the uniform without a protective vest. Yet a handful of our deputies do just that because they do not own a vest. Some are wearing vests that expired several years ago. Those with "current" vests present a quilt -work of different manufacturers and protection levels. It is our goal to equip every one of our deputies (full -time and reserve) with the same model ballistic vest (level IIIA) with a trauma plate. Our reserves (all prior LEOs from other agencies)- - who are completely unpaid -- deserve to be equipped with a current, reliable vest. We need the N.R.A.'s help to make that happen. FLASHLIGHTS. Some of our officers do not have a duty flashlight at all. Most do, but are carrying gear issued well over a decade ago that is of questionable reliability. Because our deputies often enter dimly lit residences during the daytime they need to have a light source on their person at all times. I want to provide every one of the deputies a Sure Fire 6XP to make sure they always have immediate access to a light. There are four distinct groups that will benefit from this project. First and foremost are the twenty -one Deputy Constables of Precinct 1, Brazos County (full -time and reserve). This better enables us to support the 757 law enforcement officers from surrounding agencies who rely on mutual aid assistance (College Station P.D. = 196; Bryan P. D. = 173; Brazos County Sheriff's Office = 236; Brazos County Constables, Precincts 2, 3 & 4 = 20; Texas A &M University P.D. _ 132. ). The true beneficiaries, however, are the 203,164 citizens of Brazos County and the 58,809 student at Texas A &M University, seventy -eight percent of whom live off - campus (mostly within the jurisdiction of Brazos County Constable, Precinct 1). That all four groups will benefit is not speculative, but an event of recent memory. On August 13, 2012, then - Constable Brian Bachman (Precinct 1) was shot and killed blocks from Texas A &M University. Of the scores of police officers responding during the half -hour long gun battle, only two had rifles. In response to this tragedy the College Station P.D. purchased a patrol rifle and external vest (with ceramic plates) for every one of their officers. The Brazos County Constable's Office, Precinct 1 would like to follow suit with a tailored list of equipment that will increase officer and public safety. 262751 The impact will be immediate. The Deputy Constables of Precinct 1 will have the equipment and tools needed to better fulfill their daily duties and the confidence to know they can successfully confront emergent threats (i.e., active shooters). Firearms the deputies previously did not have access to will be within arms - reach. The reserve deputies will remain in constant communication with dispatch and their fellow deputies after alighting from the patrol unit. Missing and expired ballistic vests will be replaced with N.I.J.- compliant vests affording the highest level of protection. Faulty lighting systems will be replaced with state -of- the -art flashlights. Each of these will provide greater peace of mind for our deputies as they undertake a dangerous and often thankless job, S. If your grant request is'awarded, how wilf'your organization recognize the NRA Foundation? First, we will notify the County's elected officials to share the good news. Second, we will prepare a letter of thanks and appreciation to the N.R.A. for its generosity. Third, the grant award will be a matter of public record in the minutes of the Brazos County Commissioners' Court. Fourth, we will also issue a press release to local media (KBTX television and The Eagle newspaper) and hold a photo opportunity. Finally, it would be our honor to make an appearance at a Brazos County Friends of the N.R.A. Banquet to publicly acknowledge and thank the N.R.A. Foundation and the N.R.A. Law Enforcement Division for its support. 9. What is the esti "ma'ted °!'completion date of your project or. program? IrrryW' 09/30/2015 REQUESTED FUNDING AND MATERIALS In this step, you will create a list of equipment and other needs that your organization is requesting. At the end of this step, you will be provided with a FUNDING REQUEST ID, which you will enter below. ALL APPLICANTS MUST use the NRA Foundation Request Development Tool to create your list of requests. PLEASE CLICK HERE TO ACCESS THE GRANT REQUEST DEVELOPMENT TOOL FUNDING SOURCES OTHER THAN THE NRA FOUNDATION Nei from other 2. If you a ®nswer`edrYES - >'to' question 1'; please�alist th „e other,sources,,jncluding, the amounts awarded:`'* .. 3. Will you accept partial funding? Will your program be able to move forward without being fully funded? The State Fund.Committee may not be able to fully u fund your requelst. it YES 4. Please describe your °'organization's fundraising activities. In the proposed budget for FY2015, the Brazos County Constable's Office (Precinct 1) placed all its eggs in one basket and asked for the funding of an additional Deputy Constable position and all the collateral expenses that go with it (insurance benefits, vehicle, uniforms, etc.). This is likely to be granted, but left little room for additional capital expenditures such as the equipment sought in this grant. If the grant is funded in part (some items excluded or a lesser number of units funded) we will be grateful for what we receive. GRANT FINAL REPORTING A Grant Final Report will be due within 30 days of project /program end date or by November 1, 2015 (whichever comes first). If you do not provide a final report for your grant award within the specified time, future requests will be delayed,.. 2 Has'a rep ort_been filedlf p or,your�;rior award? ' My organization has never received support from the NRA Foundation Fallare =to file a final report may result in future requests from" your organization being delayed or declined. a_4x.,.zi r i ..,.:� rs" „�d...:a , k.!,.A + .I " z+ • Ay 'OiSF3.- ,il,.,..r n., a a r ..�� .,,.:...i x.i..�.,,�. CONSIDERATION AGREEMENT In consideration of being'considered for the award of a grant from The NRA Foundation ( "Foundation "), and for other good and valuable consideration, the receipt and sufficiency of which, is hereby acknowledged, the s undersigned Applicant /Grantee hereby agrees to the following Terms and Conditions. The Applicant /Grantee understands and agrees that these Terms and Conditions are attached to and govern the distribution of any grant awarded by the Foundation to the Applicant /Grantee and shall remain in full force and effect until such time as all requirements of the grant have been fully and completely + ¢f a...i;F�a•sl 'fir _rud. IS.. V• �u _ Terms and Conditions 4 rli 3E„H ��x ga s "riaE li ;rµ 0.� 1il AI!E� riI re�H 7r 4nA r' + rj'�'rgi l Olt A'C Iir �'I!"S' rr �ri. i x� .!r!+ 1 Any grant awarded by' 'rhe Foundation shall tie used solely for the purposes set forth in the application, The Applicant /Grantee represents and warrants that the information contained in the application is true and correct and that any grant awarded shall be used solely for a 501 (c) (3) purpose 1 n I mn.¢4 rw. N. ....�.. �._ "�ii5 i. �b•_.i L.i.411ilotx� 9.!i r'a. -lrli ! a! 4n i i..v 2. The Applicant /Grantee represents and warrants =that it fully understands4nd shall abide by the Foundation's Guidelines for Application Submission, which are attached to and incorporated, into this Agreement 3. Th6ApplicantjGran4ee represents and•warrants that it is in good standing and not defunct or in default with any local, state, or federal government /agency and shall notify the Foundation if it ceases to remain so .:' v..._ ...`.'. • ", ri:4 an ,y. .. . e td u...:ki v ✓. .m.,5. i. ai r xl!4 gS .ex tr .r '.:;R. A., .! .. . - -- ._._._ ... -mat- 206-- yg:���• - -• -• 4. Funds not used or committed for the specified purpose of the grant, or not used or committed within any time limit specified in the application, shall be returned to the Foundation. In addition, if the Applicant /Grantee dissolves, disbands, or otherwise ceases to exist or ceases to use any property or equipment obtained as a result of the grant for the purpose for which it was awarded, then the Applicant /Grantee shall contact the Foundation to arrange disposal.or transfer of any usable property or 5. Applicant /Grantee shall furnish written reports as required by the Foundation with respect to projects and activities financed in whole or in part by the grant, including a summary of funds expended. Such reports shall include, but shall not be limited to, an After Action Report in a form acceptable to the Foundation, a copy of which is attached and incorporated into this agreement. 6. Grant hinds 'shall not be used to advocate for or against any candidate for public office, to lobby or, otherwise attempt to influence legislation, or to carry on any voter, registration drove v „1 r -. .. i0�9k � - ;I' 7. Grant funds shall not be used for payment of administrative fees, office overhead, or other similar costs or expenses. - Vot.-206 --pt: 8. It is expressly understood and agreed that the Applicant /Grantee takes full responsibility in carrying out the project contemplated in the grant application. The Applicant /Grantee shall indemnify, hold harmless, and defend the Foundation, the National Rifle Association of America ( "NRA "), and any employee, trustee, director, officer, or agent of the Foundation or NRA (individually or collectively, "the Indemnified Parties ") from and against any and all fault, liabitlities, costs, expenses, claims, demands, or any act or omission of the Applicant /Grantee. The Applicant /Grantee hereby releases and waives all claims of any kind against the Indeminified Parties arising out of related to, or connected with the grant or any act or omission of:the Applicant /Grantee. 9. If a grant is awarded, the Applicant /Grantee agrees to provide appropriate recognition of any grant awarded, including, as applicable, placing a sign in an appropriate location in recognition of the Foundation's grant. If the Applicant /Grantee provides any video, film, photographs, or electronic images or imagery of any kind ( "Images ") to the Foundation, the Applicant /Grantee hereby represents and warrants, knowing that such images may be used by the Foundation and its assigns, as described below, that it possesses any and all necessary rights in and to such Images to provide them to the Foundation for such use. The Applicant /Grantee irrevocably consents to and authorizes the use and reproduction at any time by the Foundation and its assign(s) of any and all Images of any kind provided by Applicant /Grantee, for any use or purpose whatsoever, including any composite or distorted representations, promotion, or advertising, and the Applicant /Grantee further waives any claim orright arising out of such use, publication, or reproduction, including any right of privacy, and shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all fault, liabilities, costs, expenses, claims, demands, lawsuits, or any other actions or expenses whatsoever arising out of, related to, or - - VoL- 206--Pg. --66 - 10 Any violation of :these Terms and Conditions shall ' permit(�1thi Foungdationj,to terminate any further 'TI'N'A •.I IiFP fb�Y ? JIN h 4 I distr'ib, ii'iions to,the Appllcant/Grantee,l,gwhether or not such distribut/ons ,have been proper %y promised or pledsed. Such remedy shall not be the sole remedy k available to the Foundation and !the Foundation shah retain the right to take any other actions allowable by la,w 11. This Agree ment`'and anydisputes�artsing under this / 6reement shall begµoverned by and',adonstrued under the laws of theX6htmonw,esltti'of Virginia,�lor,,Jf;appl/cable, federal law. 'Any actio arising under or related to'this A '. I� I:WIIJ9 d4 r61l • 111., Agreement or any�grant�or J grant application .shall be tirought only in a feUMIPor state court sitting within the County of Prince Will/ ,the County of Fairfax or the City of Alexandria I'Id" thel,Coinmonwealth of,IVi 91hia. The Applicant /Grantees "consents to and sabjects�ltself and /or themselves to the personal jurisdicti&flbfasuch courts and agree that jurisdiwwwi tioYn,janil venue fora yl�proceeding risnig :hereunderssh al% ;ile;excluslve/y.with such courts. aII, '�ir)I 1u4�1 c `y LL i °.:k�R � Js d" Acknowledgment of'theSAppllcnt /Grantee, to the Terms and Conditions set forth !n th/s i 'i3Oemdr must be made byaa dulyiauthorized,bffkbir ofif Ie ,''Appl►canq>t /Grantee organization as provided below "P %ase execute the original. and return with your application. Cons 46fitio:n" Agreement "'' By checking this box, the Applicant /Grantee signifies the intent to be legally bound and executes this Agreement electronically, binding the applicant to the same degree as a handwritten signature. No AUTHORIZATION AND IMPORTANT INFORMATION I lwe) Y certify 'th"'t"th',1information contained ., in this grai.jfo,'AOpl ication'i s.a'ccu rate. Further, I (we) will abide b V' �the, requirements of any grant provided by The NRA Foundation,, Inc. No Person Completing This Application Duane Peters " 44 ipR , 91 County Judge Upon submission of this grant application you will receive a confirmation email. If you do not receive this email,, check your sparn/junk email folder and add grantprogram@nrahq.org to your contacts or safe sender list. COMMISSIONER COURT MINUTES OF AUGUST 26, 2014 ARE CONTINUED IN VOLUME 207 PAGE 1 Vol. 206 Pg. COMMISSIONER COURT MINUTES OF AUGUST 26, 2014 ARE CONTINUED FROM VOLUME 206 Vol. 207 Pg. / 2015 NRA Foundation GENERAL Grant Application 2015 NRA Fo Page I of 13 O Duane Peters Date County Judge undation 12 GENERAL Grant Application GENERAL GRANT Application Submission The purpose of the GENERAL GRANT application is to request funding to be used for equipment, supplies, and competition/ markmanship items for your program. if you are requesting funding to support PHYSICAL IMPROVEMENT projects to your RANGE OR FACILITY, you must utilize the NRA Foundation RANGE GRANT APPLICATION. If you are requesting PERMANENT RANGE IMPROVEMENTS click HERE To access the GENERAL GRANT GUIDELINES click HERE https: / /www,grantrequest.com /SID I0g8/Default.as ?PRINTER= 1 &SESID= 2001 &AID =... 8/22/2014 - Vo1.207 Pg. ;2 2015 NRA Foundation GENERAL Grant Application Page 2 of 13 I have read and understand the Guidelines for General Grant Application submission. Yes APPLYING ORGANIZATION INFORMATION From which STATE FUND are you applying for funding? TXS (South Texas) 1. Applying Organization Name Brazos County Constable Pct. 2 2. Organization Street Address Please only enter the street address in this box. 200 S. Texas Ave.,Ste. 151 3. Organization City Bryan 4. Organization State TX Does this city have a population of 50,000 or greater? Yes S. Organization Zip code 77803 6. In what COUNTY is your organization located? Brazos 7. What is your organization's FEDERAL TAX ID? 74- 6000433 S. Organization Type Law Enforcement ATTACHMENTS In the spaces below, please upload your organization's supporting documentation. https:// www. grantrequest .com /SID_1048/Default.asp ?PRIN ER= 1 &SESID= 2001 &AID =... 8/22/2014 Vol. 207 Pg. 2015 NRA Foundation GENERAL Grant Application Page 3 of 13 For a visual guide and step by step directions on how to attach a document please click HERE What are examples of necessary documents? Click the blue boxes next to each attachment for a sample. 1. IRS W9 FORM 2. ORGANIZATION BYLAWS, RULES OF CONDUCT OR CODE OF CONDUCT 3. ORGANIZATION FINANCIAL STATEMENT 4. ORGANIZATION LEADERSHIP FEDERAL TAX EXEMPT STATUS Organization Tax Status Choose the IRS classification of your organization Government Agency, department or public school If you are exempt from FEDERAL TAX as a 501(c) entity, please upload your organization's IRS Determination Letter showing 501(c) status. 1. ORGANIZATION IRS 501(C) DETERMINATION LETTER If your organization is NOT a 501(c) Tax Exempt Organization, please proceed to page 5. https: / /www.grantrequest.com/SID 1048 /Default.as vPRINTfR= I &SESID= 2001 &AID —.. 8/22/2014 Vol. 207 p 9. !;_ 2015 NRA Foundation GENERAL Grant Application Page 4 of 13 If your organization is a 501(c) Tax Exempt Organization and you have attached your IRS Determination Letter, please proceed to page 6. ORGANIZATION STATE NONPROFIT STATUS Is your organization INCORPORATED as a NONPROFIT organization in your state? <None> If you selected YES, please upload your STATE ARTICLES OF INCORPORATION 1. ARTICLES OF INCORPORATION If you are NOT incorporated as a nonprofit organization in your state (applicable to government agencies only), please proceed to page 6. CONTACT INFORMATION Provide the information of the person who will be responsible for receiving correspondence regarding your proposal. https://www.grantrequest.com)Slf)_104 Dy. i s ,PRINTER= 1 &SES1D= 2001 &AID =... 8/22/2014 o�. �'b� g..7— 2015 NRA Foundation GENERAL Grant Application Page 5 of 13 NOTE. All correspondence is sent electronically (email). Please ensure your primary contact is able to receive email and respond in a timely manner. 1. Prefix 2. First Name 3. Last Name Mr. Donald Lampo 4. Suffix S. Title within organization <None> Constable 6. Street Address 200 S. Texas Ave.,STE. 151 7. City S. State 9. Zip code Bryan TX 77803 10. Phone Number 979- 361 -4671 11. Alternate Phone Number: 979-361 -4477 12. E -mail Address diampoobrazoscou ntytx.gov 13. Alternate Email Address Please add grantprogram @nrahq.org to your email contact list. SECONDARY CONTACT INFORMATION Please provide a backup contact for your request. NOTE: This person will receive a copy of all correspondence regarding the application. https:// www. grantrequest .com/SID_1048 /Default.as SPRINTER= 1 &SESID= 2001 &AID =... 8/22/2014 Vol. 207 $g. 2015 NRA Foundation GENERAL Grant Application Page 6 of 13 NOTE: All correspondence is sent electronically (email). Please ensure your secondary contact is able to receive email and respond in a timely manner. 1. Prefix Mrs. 4. Suffix <None> 2. First Name 3. Last Name Stephanie Wendt S. Title within organization Chief Cleark 6. Street Address 200 S. Texas AVe., STE.151 7. City S. State Bryan TX 10. Phone Number 979- 361 -4477 9. Zip code 77803 11. Alternate Phone Number 979- 361 -4673 12. Email Address swe ndt@ brazoscou ntytx. gov 13. Alternate Email Address Please add grantprogram@nrahq.org to your email contact list. GRANT REQUEST INFORMATION 1. What is the title of your project? State in 10 words or less the purpose of this request. Bullet Resist Vests and Ammunition for Law Enforcement. 2. Describe, in detail, your project or program. What are the goals and objectives of your program? What do you hope to accomplish? Our program aims to outfit our Deputies with bullett resist vests. Currently several of our Deputies are wearing vests that will soon be past the recommended date for use. https://www.grantrequest.com/SID—1 048/Default.as 9PR1N'fER= 1 &SESID =200I &AID =... 8/22/2014 Vol. 207 pPg. —�Z_ 2015 NRA Foundation GENERAL Grant Application Page 7 of 13 Deputies must also provide their own ammunition when shooting outside of departmental qualifications. The goal of of this project is twofoald, the first is to insure that our Deputies are wearing safe and adequate bullet resistant vests. The second is to give our Deputies the oppurtuinity to increase their shooting proficiancy by allowing them the oppurtunity to shoot on a more regular basis. 3. What is the total anticipated cost of your project or program? 4. What groups are going to benefit from the project? How will the community at large benefit? The Deputies will have a direct benefit from having the knowldege that they are wearing new ballistic vests that help ensure their saftey. In regards to the ammuniton the entire community will benfit from the increaed range time will allow our Deputies to be better prepared. S. Will your organization charge a fee for participation in this program? If so, how much will be charged and for what purpose will the fee be used? No 6. Provide an estimate of the number of participants who will directly benefit from this project during 2015. Enter numbers only into this field. 20 7. How will you measure the impact? Describe the criteria to be used in determining the success and impact of the project. The impact of this project will be seen through the confidence and compedence of each Deputy within the department. The peace of mind knowing that you have the best saftey equipement available and have been afforded the oppurtunity to become thouroughly competent in their shooting skills. S. If your grant request is awarded, how will your organization recognize the NRA Foundation? Recognition through local news affiliates as well as through the Commisioners Court of the County. https:// www. grantrequest .com/SID_1048 /Default.as ?PRINTER= 1 &SESID= 2001 &AID =... 8/222014 Vol. 207 Pg. 5' 2015 NRA Foundation GENERAL Grant Application Page 8 of 13 9. What is the estimated completion date of your project or program? 02/28/2015 REQUESTED FUNDING AND MATERIALS In this step, you will create a list of equipment and other needs that your organization is requesting. At the end of this step, you will be provided with a FUNDING REQUEST ID, which you will enter below. ALL APPLICANTS MUST use the NRA Foundation Request Development Tool to create your list of requests. Each grant application will have a unique FUNDING REQUEST ID. PLEASE CLICK HERE TO ACCESS THE GRANT REQUEST DEVELOPMENT TOOL Please enter the Funding Request ID you were given through the Request Development Tool here: ZLK7Z5 https: / /www.grantrequest.com/SID 1 048 /1)efault.as ?PRINTER= 1 &SESID= 2001 &AID =... 8/22/2014 Vol. 207 -Pi!. 2015 NRA Foundation GENERAL Grant Application Page 9 of 13 FUNDING SOURCES OTHER THAN THE NRA FOUNDATION 1. Is this project receiving any funding from other sources besides the NRA Foundation? NO 2. If you answered YES to question 1, please list the other sources, Including the amounts awarded. 3. Will you accept partial funding? Will your program be able to move forward without being fully funded? The State Fund Committee may not be able to fully fund your request. YES 4. Please describe your organization's fundraising activities. None GRANT FINAL REPORTING A Grant Final Report will be due within 30 days of project /program end date or by November 1, 2015 (whichever comes first). If you do not provide a final report for your grant award within the specified time, future requests will be delayed or declined. 1. Has your organization been awarded an NRA Foundation grant in the past? NO 2. Has a report been filed for your prior award? My organization has never received support from the NRA Foundation https:// www .grantrequest.com /SID_l048/Difau t sVPRIN � R= 1 &SESID =2001 &AID —... 8/22/2014 g•� 2015 NRA Foundation GENERAL Grant Application Page 10 of 13 Failure to file a final report may result in future requests from your organization being delayed or declined. CONSIDERATION AGREEMENT In consideration of being considered for the award of a grant from The NRA Foundation ( "foundation "), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Applicant /Grantee hereby agrees to the following Terms and Conditions. The Applicant /Grantee understands and agrees that these Terms and Conditions are attached to and govern the distribution of any grant awarded by the Foundation to the Applicant /Grantee and shall remain in full force and effect until such time as all requirements of the grant have been fully and completely satisfied. Terms and Conditions 1. Any grant awarded by the Foundation shall be used solely for the purposes set forth in the application. The Applicant / Grantee represents and warrants that the information contained in the application is true and correct and that any grant awarded shall be used solely for a 501(c)(3) purpose. 2. The Applicant /Grantee represents and warrants that it fully understands and shall abide by the Foundation's Guidelines for Application Submission, which are attached to and incorporated into this Agreement. 3. The Applicant /Grantee represents and warrants that it is in good standing and not defunct or in default with any local, state, or federal government /agency and shall notify the Foundation if it ceases to remain so. 4. Funds not used or committed for the specified purpose of the grant, or not used or committed within any time limit specified hitps://www.grantrequest.com/SID—1 048/Default.asp?PRINTER=I &SESI D =2001 &AID =... 8/22/2014 Vol. 207 Pg. // 2015 NRA Foundation GENERAL Grant Application Page 1 i of 13 in the application, shall be returned to the Foundation. In addition, if the Applicant /Grantee dissolves, disbands, or otherwise ceases to exist or ceases to use any property or equipment obtained as a result of the grant for the purpose for which it was awarded, then the Applicant /Grantee shall contact the Foundation to arrange disposal or transfer of any usable property or equipment obtained as a result of the grant. S. Applicant /Grantee shall furnish written reports as required by the Foundation with respect to projects and activities financed in whole or in part by the grant, including a summary of funds expended. Such reports shall include, but shall not be limited to, an After Action Report in a form acceptable to the Foundation, a copy of which is attached and incorporated into this agreement. 6. Grant funds shall not be used to advocate for or against any candidate for public office, to lobby or otherwise attempt to influence legislation, or to carry on any voter registration drive. 7. Grant funds shall not be used for payment of administrative fees, office overhead, or other similar costs or expenses. S. It is expressly understood and agreed that the Applicant /Grantee takes full responsibility in carrying out the project contemplated in the grant application. The Applicant /Grantee shall indemnify, hold harmless, and defend the Foundation, the National Rifle Association of America ( "NRA "), and any employee, trustee, director, officer, or agent of the Foundation or NRA (individually or collectively, "the Indemnified Parties ") from and against any and all fault, liabitlities, costs, expenses, claims, demands, or any act or omission of the Applicant /Grantee. The Applicant /Grantee hereby releases and waives all claims of any kind against the indeminified Parties arising out of, related to, or connected with the grant or any act or omission of the Applicant /Grantee. 9. If a grant is awarded, the Applicant /Grantee agrees to provide appropriate recognition of any grant awarded, including, https: / /ww%v.grantrequest.com /SID _ l048 /1)efault .asp ?PRINTER= I &SESID =2001 &AID =... 8/22/2014 Vol. 207 Pg. 1,2- 2015 NRA Foundation GENERAL Grant Application Page 12 of 13 as applicable, placing a sign in an appropriate location in recognition of the Foundation's grant. If the Applicant /Grantee provides any video, film, photographs, or electronic images or imagery of any kind ( "Images ") to the Foundation, the Applicant /Grantee hereby represents and warrants, knowing that such images may be used by the Foundation and its assigns, as described below, that it possesses any and all necessary rights in and to such Images to provide them to the Foundation for such use. The Applicant /Grantee irrevocably consents to and authorizes the use and reproduction at any time by the Foundation and its assign(s) of any and all Images of any kind provided by the Applicant /Grantee, for any use or purpose whatsoever, including any composite or distorted representations, promotion, or advertising, and the Applicant /Grantee further waives any claim or right arising out of such use, publication, or reproduction, including any right of privacy, and shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all fault, liabilities, costs, expenses, claims, demands, lawsuits, or any other actions or expenses whatsoever arising out of, related to, or connected with the Images or any use thereof. 10. Any violation of these Terms and Conditions shall permit the Foundation to terminate any further distributions to the Applicant /Grantee, whether or not such distributions have been properly promised or pledged. Such remedy shall not be the sole remedy available to the Foundation and the Foundation shall retain the right to take any other actions allowable by law. 11. This Agreement and any disputes arising under this Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, or, if applicable, federal law. Any action arising under or related to this Agreement or any grant or grant application shall be brought only in a federal or state court sitting within the County of Prince William, the County of Fairfax or the City of Alexandria, in the Commonwealth of Virginia. The Applicant /Grantee consents to and subjects itself and /or themselves to the personal jurisdiction of such courts and agree that jurisdiction and venue for any proceeding arising hereunder shall lie exclusively with such courts. https:// www. grantrequest .com/SID_1048/Default.as 'PRIM ER= 1 &SESID =2001 &AID =... 8/2212014 Vol. 2 Pg. 2015 NRA Foundation GENERAL Grant Application Page 13 of 13 Acknowledgment of the Applicant /Grantee to the Terms and Conditions set forth in this Agreement must be made by a duly authorized officer of the Applicant /Grantee organization as provided below. Please execute the original and return with your application. Consideration Agreement By checking this box, the Applicant /Grantee signifies the intent to be legally bound and executes this Agreement electronically, binding the applicant to the same degree as a handwritten signature. Yes AUTHORIZATION AND IMPORTANT INFORMATION I (we) herby certify that the information contained in this grant application is accurate. Further, I (we) will abide by the requirements of any grant provided by The NRA Foundation, Inc. No Name Person Completing This Application Donald Lampo Title Constable Pct. 2 Brazos ZCounty Upon submission of this grant application you will receive a confirmation email. If you do not receive this email, check your spam /junk email folder and add grantprogram @nrahq.org to your contacts or safe sender list. https : /iwww.grantrequest.coni/SID_ 1048 / Default .asp ?PRINTER= 1 &SESID =2001 &AID =... 8122/2014 Vol. 207 Pg. 144' INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation ( "Bryan "), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ( "College Station ") and BRAZOS COUNTY, TEXAS ( "County "), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" referenced in the Automatic Mutual Aid Agreement between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Mutual Aid Response District for which Bryan and College Station are assigned responsibility referenced in the Automatic Mutual Aid Agreement between Bryan and College Station. (See Exhibit "A," a map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for Bryan/County and College Station. Bryan and College Station reserve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each city, respectively, on a quarterly basis upon request. A "run" is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s). Vol. 207 Pg. PAYMENTS 5. County shall pay Bryan and College Station the following amounts for such Emergency Medical Ambulance Services on a quarterly basis according to the following schedule for a collective total of Three Hundred Forty -Three Thousand Four Hundred Twenty Two and no /1.00 Dollars ($343,422.00) annually: FY 2014 Payment Due Date Quarter for which Payment is made October 1, 2013 October — December, 2013 January 2, 2014 January — March, 2014 April 1, 2014 Apri l —June, 2014 July 1, 2014 July — September, 2014 Amoun $ 45,443.50 (Bryan) $ 40,412.00 (College Station) $ 45,443.50 (Bryan) $ 40,412.00 (College Station) $ 45,443.S0 (Bryan) $ 40,412.00 (College Station) $45,443.50 (Bryan) $40,412.00 (College Station) 6, The County must make all payments to Bryan and College Station for these services from current revenues. TERM AND TERMINATION This Agreement term shall be for Emergency Ambulance Services provided by Bryan and College Station for a term to begin retroactively on October 1, 2013, through midnight on September 30, 2014. This Agreement shall go into effect immediately upon proper approval of all parties, shall be applied retroactively starting on October 1, 2013 and shall terminate September 30, 2014. A party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. NOTICES 8. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, Texas. 77805 Attn: Randy McGregor, Fire Chief Vol. 207 Pg. College Station: City of College Station P.O. Box 9960 300 Krenek Tap Road College Station, Texas. 77842 Attn: Eric Hurt, Fire Chief County: Brazos County 200 S. Texas Ave, Suite 332 Bryan, Texas 77803 Bryan, Texas 77803 Attn: County Judge Duane Peters DEFENSE OF CLAIMS 9. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and /or retirement benefits of the personnel of the responding city, and /or damage to or resulting from use of any equipment of the responding city. MISCELLANEOUS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. 12. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 13. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 14. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 15. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas, The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. Vol. 207 Pg. / 7 16. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the part (ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 17. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into this day of 2014, by and between Bryan, College Station and Brazos County. City of Bryan City of College Station Bra• a Cou ly ��, Jason P. Bie ySlci, Mayor Nancy Berry, Mayor Duane eters, County Judge ATTEST: Mary Ly ne Stratta City Secretary APPROVED AS TO FORM: nis K. Hampton City Attorney City of Bryan, Texas ATTEST: Sherry Mashburn City Secretary Carla Robinson City Attorney College Station, Texas Vol. 207 Pg. / Y ATTEST: aren n McQueen County Clerk Wil iam Eft llar �P' Assistant County Attorney Brazos County, Texas 16. Failure of any party to enforce a probisi6n`of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the part(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 17. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into this day of , 2014, by and between Bryan, College Station and Brazos County. City of Bryan City of College Station Jason P. Bienski, Mayor Nancy Berry, Mayor ATTEST: Mary Lynne Stmtta City Secretary APPROVED AS TO FORM: Janis K. Hampton City Attorney City of Bryan, Texas ATTESTi. „ �SherSherry Masu City Secretary Carl Robinson City Attorney College Station, Texas Vol. 207 Pg. //� Brazos County Duane Peters, County Judge ATTEST: aren McQueen County Clerk William Ballard Assistant County Attorney Brazos County, Texas Automatic Mutual Aid Response ® BRYAN RESPONSE DISTRICT ® COLLEGE STATION RESPONSE ONTRUCT BRYAN CITY L1NRS L 7i`.<' COLLEGE STATION CITY UNITS Vol. 207 Pg. f-O STATE OF TEXAS COUNTY OF BRAZOS FIRST AMENDED INTERLOCAL AGREEMENT This First Amended lnterlocal Agreement ( "Agreement ") is entered into by and between the City of Bryan ( "City"), a Texas home rule municipal corporation and Brazos County ( "County"), a political subdivision of the State of Texas. WHEREAS, the respective participating governments (the "Parties ") are authorized by the lnterlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of governmental functions; and WHEREAS, the Parties both maintain and operate streets, easements, and other public rights of way within their respective jurisdictions; and WHEREAS, the Parties are cooperating with the management of the City of Bryan Brazos County Economic Development Foundation, Inc„ specifically with regards to the marketing, sale, and management of land in the Texas Triangle Park and Inland Pon ( "Park "); and WHEREAS, as a condition of a sale of property within the Park, the City agreed to dedicate land that was previously used as a private drive for a public street ( "Mikulin Road "); and WHEREAS, the City dedicated land described by metes and bounds, but subsequently it was determined that the road needed to be realigned and a new metes and bounds description was prepared, which is attached and incorporated herein as Exhibit A; and WHEREAS, the County is agreeing to temporarily take over responsibility for maintenance of the re- designed Mikulin Road in exchange for the City's promise to take such maintenance responsibility back by annexing Mikulin Road along with the adjacent property which is subject to a 10 year non - annexation agreement effective July, 2013; and WHEREAS, the Parties have determined that it is in the best interests of their citizens that the re- designed Mikulin Road become public and serve the Park as well as the surrounding area; NOW, THEREFORE, the Parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: I. The recitals and exhibits are incorporated by reference as if fully set forth herein. 2. The City has dedicated Mikulin Road, which is more particularly described in Exhibit A, for the use and benefit of the general public through Resolution No. 3566 which, is adopted contemporaneously with this Agreement. The City has reserved the fee simple interest over a portion of the road, which is described as Tract 3 in Exhibit A, and has conveyed to the public an access easement across the spur. 3. The County agrees to accept Mikulin Road into the County Road System and agrees to be responsible for maintenance of Mikulin Road in accordance with the terms of this Agreement. It is understood that the maintenance and repair of the private rail spur is the responsibility of the City or its successors, assigns, or licensees. Vol. 207 Pg. 4. The City agrees that Mikulin Road will be annexed into the City's jurisdictional limits at the conclusion of the 10 -year non - annexation agreement, effective July 2013, between the City and Axis Pipe and Tube, Inc., the purchaser of the property adjacent to Mikulin Road. 5. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Neither Party may assign this Agreement without prior written authorization of the other Party. 6. Severabilitv. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 7. Texas law to aonly. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. S. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. This Agreement repeals and replaces the prior agreement of the parties regarding substantially the same subject matter which was executed on or about June 25'", 2013. 9. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 10. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either Party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 11. No Waiver. A Party's failure to take action to enforce this Agreement in the event of default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent the party from taking action to enforce this Agreement on subsequent occasions. Executed and effective on this the day of Itrc (Jdj�, 2014 CITY OF BRYAN zOS C �&V Ja on P. Biensk ayor Judge Duane Peters Vol. 207 Pg. �� ATTEST APPROVED AS TO FORM Ja ks K. Hampton, City Attorney Vol. 207 Pg. APPROVED AS TO FORM lx _ -- [» hinit A FIELD NOTES TRACT NO.1 13RAZOSCOUNTY LOUIS MIKULIN ROAD 70' WIDE RIGHT -OF -WAY 3.18 ACRES OUT OF THE CITY OF BRYAN CALLED 20,391 ACRE TRACT VOLUME 312, PAGE 66 L McLAUGHLIN LEAGUE, A -38 BRAZOS COUNTY, TEXAS JUNE 16, 2014 Ali that certain IoL tract or parcel of land being 3,16 eves of land more or iou situated 61 the L. McLAUGHLIN LEAGUE, Abstract No. 38, Breaos County, Taxes and being a pan of that certain Called 20.391 Ave Tract as described In deed from Lucy Harrison to The City of Bryan In Volume 312, Page 68, Deed Records of Brazos County, Texas, said 3.16 acre tract being more panloularly described by metes and bounds as follows: BEGINNING at a 112' Iron Rod with Cap set In the southwest right- cf-way fine of State Highway No. 8 for the most eastady corner, a Rock found for the Occupied Most northeasterly comer of said Celled 20.391 acre tract bears N 61 ' 37'W a distance of 41.59 feel; THENCE around a curve in e counterclockwise direction having a delta angle of 78' 13'80', an arc astance of 33.211 fil a radius of 25. W neL MO a Chord of S 80' W05 * W. a (11514805 or 30.88 feet to a 112' trop Rod with Cap set for the point of tangency of sold curve; THENCE S 42.09' 10' W, a distance of 201.24 feet to a 12' Iron Rod with Cap set for angle point; THENCE 8 47' E1 '48 W. a distance of 100.46 feel to a 12' Iron Rod with Cap set for angle point; THENCE S 42' 09' 10' W, a diatom of 594.14 feet to a 12' Iron Rod with Cap set for the beginning of a save; THENCE around a curve In a clockwise direction having a data angle of 16.50' 02', an arc distance of 259.68 feet, a radius of 790,00 feel and a chord of 8 51 ' 34' 11 ' W. a distance of 258.62 feel to a W Iron Rod with Cap set for the point of tangency of said curve; THENCE 8 80' 69' 12' W, a distance of 388.55 feet to a 12- Iron Rod W hI Cap eat for the boginnbg of a crave; THENCE around o curve In a counterclockwise direction having a delta angle of 44.40'36'. an am distance of 354.79 feet, a radius of 468.00 teat and a chord of 8 38 ' 38'53' W. a dislence of 345.87 feel to a 12' Imn Rod with Cap eel for this point of tangency of sold curve; THENCE S 18' 18' 35' W, a distance of 6.0.3 feet to a 117 Iron Rod with Cap sal for a point In the southwest One of said Called 20,391 acre tract for the most southeselsdy comer, said comer being located In the northeast righWwmy Ifne of the Urdw Pacific Raffroad, an X -Tie found for the Occupied southeast comer of said Called 20.391 acre tract beers S 85' 16'47 ' E a distance of 226.22 feet THENCE N 65' 41 ' 38' W, along the aouthwest One of sold Called 20.391 we tract and the northeast right-dO way One of sald Union PeclOc Railroad a distance of 70.87 feet to a 12' Iron Rod with Cep sat for the southwest comer, a 117Iran Rod found for reference In the nonhwresl IIne of said Called 20.391 acre tract been N 65.02' 09' W a distance of 180.04 feet, Vol. 207 Pg. ;?e THENCE around a curve In a clocl wlse direction having a delta angle of 44' 16 '15', on aro distance of 405.50 feet, a radius of 526.00 feet, and a chard of N 38' 51 '44 ' E, a distance of 395.50 feet to a 112' Iran Rod with Cap met for lire port of tangency of amid curve; THENCE N 80' 59' 12' E, a distance of 388.55 feet to a VT Iron Rod lvlth Cap ed for the beglnnhg of a curve; THENCE around a curve In a ceuntercooMdse direction having a dame angle of 18' 50'02', an am distance of 238.67 fed, a radium of 720.00 feet, and a chord of N 51 ' 34' 11 ' E, a distance of 236.81 feel to to a 1M` hon Rod WIM Cap set for the point of tangency of said curve; THENCE N 42' 09' 10' E. a diatance of 864.22 leet to a 117 Iron Rod with Cap set for the beginning of a ourve: THENCE around a wive in a counterclockldse direction having a delta angle of 90' 00'00', an arc dlstarroe of 38.27 feet, a radium of 25.00 task and a chord of N 2.50' 50' W, a distance of 35.38 feet to a 10 tren Rod with Cap eel In the southwest right.or -way time of said Stale Highway No. 0 for the northwest comer, Me calculated northwest corner of said Called 20.39t acre tract bears N 51 ' 37'W a distance of 338.93 feet; THENCE S 61 '37'00' E. along the southwest dght -d -way line of amid State Highway No. 6 e distance of 127.72 fed to Me GLACE OF BEGINNING AND CONTAINING AN AREA OF 3.18 ACRES OF LANE) MORE OR LESS, according to a survey pedonned during the month of June, 2014, u derthe supervbkn of H. Curbs Strong, Registered Professional Land Surveys No. 4961 andworldng under FIRM No. 70093500, North Orlentsbah is based on rotating the southeast line of Bald Celled 20.391 we tract to grid north (COR$06), NAD83, TEXAS STATE PLANE CENTRAL. ZONE n Vol. 207 Pg. ��= 7IYNB ( I ...7. SNOT e [� II o3 � e � a IV !il Vol. 2 07 Pg. 1 -2 d 0 �ZT 1z ) j !� » 5 !!! Is , !�! , - JL »_ �- (!!4 Jill § | | | |! | | | || : �|t {• ; : | ;� ��� � | ■ | |� ; | | || « | | | | |■ | | || �, ,, .,,,. § | | | |! | | | || : �|t {• ; : | ;� � | ■ | |� ; | | || « | | | | |■ | | || $,,.....,.. . \Vol. 27B P.�� I I I I 1 I I I 1 I t�l St I WI �I 1 I .I I I I I as I mR" 1 NN I P 3 I T� I Su I I I I II I 1 1 I 1 I 41 I / 1 f N / / / / W a/ F r r f / / 1 133N 1 I� 1� I I I• 1p I. Ih 1 k I I i 1 . N I I 1 a I RI p a N w .I _ I y I � I n B ag le n b i �I � I I i �e a 0 la� I f 1 f � I 1 1� f t I I 1 , f 1 f I 13 . fill / V)4 II Vol. 207 Pg. A Vol. 207 Pg. �� 113i1S nlWtrn I I /ssls asws , , I I I 1 I s 1$ I � , i I la , 1 IF I 1 I» wl I I I , 7Lx I zl a I I I 1 � I I � , I w a u. 1 t� I ry Q ° I i I H t 1 a �rda ^ 1 I a f I I 1 I / 1 I 1 , 1 I w !4 I r I I r / / 1 I / / e / Y1 / gill / / 1 F fig' Ayy� � Rl Vol. 207 Pg. �� i i �j :]1 as "aa 03 a3 , , r! /k is / F , 3/ e I �1 b I 1 la I I � I a 1 u\ r r I 1 - 1 i I I I a LI L 1 1 I 1 11 5 1 e 1 1 1 N 1 \ s 1 y IV I I W 1 1 8 } oyI } . 1 r } g 1\ \ \\ 1a.4 w•M. � f: —.900 siip P R R :Z .j Vol. 207 Pg. -5'0 A /y l / /K $ 3 / 3 / T / / / / M / ! / e I I I I ` `aa s I 1 e —.900 siip P R R :Z .j Vol. 207 Pg. -5'0 FIELD NOTES TRACT NO, 2 & TRACT NO. 4 BRAZOS COUNTY LOUIS MIKULIN ROAD 7D' WIDE RIGHT -OF -WAY 4.636 ACRES OUT OF THE CITY OF BRYAN CALLED 29.726 ACRE TRACT - VOLUME 307, PAGE 204 CALLED 28.726 ACRE TRACT - VOLUME 307, PAGE 200 & CALLED 100.806 ACRE TRACT - VOLUME 296, PAGE 216 L. McLAUGHLIN LEAGUE, A -38 & O. WILCOX SURVEY, A - 234 BRAZOS COUNTY, TEXAS JUNE 16, 2014 All that certain lot tract or parcel of land being 4.538 acres of land more or less situated In the L. Mc1AUGHLiN LEAGUE, Abstract No. 38, and the 0. WILCOX SURVEY, Abstract No. 234, Brazos County, Texas and being a part of the following lrecW 1) that certain Called 29.726 Acre Tract as described In deed from Pauline Bruce Grant to The City of Bryan of record In Volume 307, Page 204, Deed Records of Brazos County, Texas, 2) that certain Called 28.726 Acre Tract as described In dead from Ester Jana Grant McDougal to The City of Bryan of record In Volume 307, Page 200, Deed Records of Brazos County, Texas, and, 3) that certain Celled 100.805 Acre Tract as described In dead from Clare M. Konecny at al to The City of Bryan of record In Volume 296, f`ago 210, Deed Records of Brama County, Texas, said 4.536 sore tract being mom particularly described by metes and bounds in two (2) tracts as follows: TRACT NO.2 — 0.306 AC. BEGINNING at a 112" frail Rod with Cap set In the north Una of said Called 29.736 acre treat and also being located In the southwest right -oPway line of the Union Pachlc Redroad for the most northerly comer, THENCE S 65 -41 ' 36' E, along the north line of said Called 29.726 acre tract and the southwest right -of -way line of said Union Pacific Railroad a distance of 70.73 feet to a 12" Iron Rod with Cap set for the northeast comer, a 12" Iron Rod with Cap found for the most northerly corner of the Axis Pipe and Tube Called 23.684 acre tract as described in Volume 11505, page 7 bears 6 65 ' 41 '38 ' E a distance of 103.96 feel; THENCE around a curve in a counterclockwise direction having a delta angle of 21 ' 37 '33 ', an arc distance of 171.74 feet a radfus of 455.00 feet, and a chord of S 4' 445'07 * W. a distance of 170.72 fast to a 112' Iron Rod with Cap set for the southeast comer, THENCE S 83' 56'21 'W, a distance of 70.00 feel to a 112' Iron Rod with Cap set for the southwest comer, THENCE around a curve in a clockwise direction hawing a delta angle of 22' 22'14', an arc distance of 204.98 feel, a redlus of 525.00 feet, and a chord of N 5' 07'28 * E. a distance of 203.68 feet to a 12" Iron Rod with Cap set for the point of langency of said curve; TH ENCE N 16' 18'35' E. a distance of 3.92 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.306 OF ONE ACRE IN TRACT NO. 2. Vol.207 Pg. -j/ TRACT N0. 4 —4.23 ACRES BEGINNING at a U2' Iron Rod with Cap set for the northeast comer, a 12" Iron Rod with Cap found for the most northerly comer of said Called 23.884 acre tract bears N 27' 17'23 ' E a distance of 215.38 feet; THENCE 8 9" 53' 11 ' E, a distance of 18.10 feet to a 1/2' Iron Rod with Cap set for the beginning of a curve; THENCE around a curve In a clockwise direction having a delta angle of 51 ' Ot '28% an are distance of 654.55 feet, a radius of 735.00 feat, end a chord of S 15 ' 37'33'W, a distance of 633.13 feet to a 12' Iron Rod with Cep set for the point of tangency of sold curve, said point also being located In the west One of sold Called 23.884 acre tract, a 12" Iron Rod with Cap found for athe beginning of a curve on the west One of said Called 23.664 acre tract bears N 41 '08' 17' E a distance of 107,60 feet, THENCE S 41 '08' 17 "W, along the west One of said Celled 23.684 acre tract at a distance of 1288.95 feet passing a 12" Iron Rod with Cep found for a westerly comer of said Called 23.684 acre tract and continuing at a distance of 1589.96 feet passing a 1/2" Iron Rod with Cap found for a westerly comer of said Called 23.684 acre tract and continuing at a distance of 1766.78 feet passing a 112" Iron Rod with Cap found for the most westerly comer of geld Caged 23.684 acre trap and continuing on across said Called 100.605 acre tract for o total distance of 1992.Im teat to a 12' Iron Rod with Cap set for the most southerly comer, a 112' Iron Rod with Cap found for an easterly comer of said Called 100.805 acre tract bears S 58.07 '20 * E a distance of 1209.66 feet; THENCE N 48 ' 51 '43"W, a distance of 70.00 feet to a 112' Iron Rod with Cep set for a west corner, a Rock found for the Occupied most westerly comer of said Called 29,726 acre tract bears N 30' 57'20 * W a dlatenco of 804.28 fact THENCE N 41 " 08' 17' E, a distance of 1992.00 feet to a 112' Iron Rod with Cap set for the beginning of a curve; THENCE around a curve In a counterclockwise direction having a dehe angle of 61 ' 01 '28", en arc distance of 592.21 feet, a radius of 665.00 feet, and a chord of N 15.37'33 4 E, a distance of 672.84 feel to a 1/2' Iron Rod with Cap set for the point of tangency of said curve; THENCE N 9' 53' 11 ' W, a distance of 18.10 feet to a 112" Iron Rod with Cap eel for the northwest comer, a 112" Iron Rod found for the Occupied northwest comer of said Called 29.726 acre tract bears N 28' 54'4e o W a distance of 424.93 feet; THENCE N 80.06'49'E, a distance of 70.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 4.23 ACRES OF LAND MORE OR LESS IN TRACT NO. 4. Both tracts combined containing a Total area of 4.536 acres of land more or less, according to a survey performed during the month of June, 2014, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500. North Orientation is based on rotating the west line of said Celled 23.684 acre tract to grid north (CORS98), NAD83, TEXAS STATE PLANE CENTRAL ZONE. Vol. 207 Pg. _3_ � I P{CW p. Wr 000, AOW tla0 oQ °, iG °Irl;r v b•SY 14. 4 •. � •a°' °aae -i nip ������ � �� I 1` O O 1 r �•�`` N 1 U i PV U103i P R R • 1 SS �° �j ` t e1 r • • t : a9eCp�RlI.r 1 •gR $I`�'` g; W •pa Pr li „i QN Ylgii St At a i3�Ftl. R 11 � ✓.11 �� z� 3i9 I r g 1 v ii€ <ekx£.9 a 3 I f I °S 1�y L �'•p i 1 6 r I g�. il Akurcm C? a a$ p a =ticc. k''a Y$a _ _ Vol. 207 rg. 33 W V g g$ �3!g5yaxgg rg. 33 ,,W Yl M 1 1 1 1 1 , 1 � 1 1 ^y 1 I , 1 1 Z 1 lQ1 I , I I 1 I i I I I I I I I 1 I I I I I J I a I i I u I rr I I $a I Tp u a I i 6 la a I ¢ I � I I• I 9 I^ I � I I I I I I $I j �I I I , WI I I I I I j ¢I , I I I I � I to o w u n I N sums wlnavn iJ Vol.-207 Pg. J5Z — � ( ;| \ \§ � | (§ \ |§) _ \ . ) � . � &s| A |IftQ� Vol. 207 pg. /� [ 0 133NS 3N13M11n fl I 1'33N$ 3M'4f]( On 01- 4➢. 3 r I e9 xf I of A� a R a ��R 8t 3 a>D ' I I I Hl� ppq� l -Cr FS. f y c a al 4 N ' IJ _ I 1 I mgr I I Q rcna Ik vI 1 F Y f �I • I I v f I eo.on eaa" ..oar. • �__� Vol. 207 Pg. j� FIELD NOTES TRACT NO. 3 BRAZOS COUNTY LOUIS MIKULIN ROAD 70' WIDE RIGHT -OF -WAY 0.108 OF ONE ACRE OUT OF THE CITY OF BRYAN CALLED 29.726 ACRE TRACT -VOLUME 307, PAGE 204 L. McLAUGHLIN LEAGUE, A — 38 BRAZOS COUNTY, TEXAS JUNE 16, 2014 Ali that certain lot, tract or parcel of lend being 0.108 of one acre of land more or less situated In the L McLAUGHLIN LEAGUE, Abstract No. 38, Brazos County, Texas and being a part of that certain Called 29.726 Acre Traci as described In deed from Pauline Bruce Grant to The City of Bryan of record in Volume 307, Page 204, Deed Records of Brazos County, Texas, said 0.108 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 112" Iron Rod woh Cap set for the northwest comer, a 117 Iron Rod found for the northwest comer of sold Called 29.726 acre tract bears N 32 ' 41 '42 9 W a distance of 360.37 feet; THENCE N 83' 56'21 ' E, a distance of 70.00 feet to a 112" Iran Rod with Cap set for the northeast comer, a 112" Iron Rod found fox the most northerly comer of the Axis Pipe and Tube, Inc. Called 23.004 acre tract bears N 40. 32' E a distance of 107.55 feet: THENCE around a curve In a counterclockwise direction having a delta angle of 03' 49' 32', an arc distance of 30.38 feet, a radius of 455.00 feet, and a chord of S 7 ' 58'25 ' E, a distance of 30.37 feet to a 112" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 9' 63' 11 " E, a distance of 34.50 feet to a 1l2" Iron Rod with Cap set for the southeast comer, THENCE S 80' 06'49 ' W, a distance of 70.00 feet to a 1r2" Iron Rod with Cap set for the southwest comer; THENCE N 9' 53 ' 11 ' W. a distance of 34,50 feet to a 112" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 03 ' 49'32 *, an are distance of 35.05 feet, a radius of 525.00 feet, and a chard of N 7 ' 58'25' W, a distance of 35.05 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.108 ACRES OF LAND MORE OR LESS, according to a survey performed during the month of June, 2014, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500, North Orientation is based on rotating the west line of said Called 23.684 acre tract to grid north (CORS96) NAD83, TEXAS STATE PLANE CENTRAL ZONE. Vol.-207 Pg. _j/' �ORV fy.. fy d W - • lr00 R.O.MAM1 O 6 .1 � QQ rf t g f i y 9 E I° o A �Oyy I yi Y I � p9 I � ��a f.• q5 �I i mi 3:2 «.« «z I •d1 �a i3 u�.YA aS $�R I • `�`I a igs °oA 5a �1 la #li JE3 s� i �8 ^58888 i g Ikq vi b g Pei Ed §° YfcM. Vol. 207 Pg. L 0 s Z « u pp a 399?59Ri §9 Vol. 207 Pg. L RESOLUTION NO. 3566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS, REPEALING RESOLUTION NUMBER 3492; AUTHORIZING DEDICATION OF LOUIS MIKULIN ROAD TO THE PUBLIC FOR THE BENEFIT OF THE TEXAS TRIANGLE PARK; PROVIDING EFFECTIVE DATE AND COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT. WHEREAS, the City of Bryan, Texas ( "City ") is a home rule municipality which is duly incorporated and chartered under the constitution and laws of Texas; and WHEREAS, the City has been coordinating with Brazos County and with the City of Bryan Brazos County Economic Development Foundation, Inc. ( "Foundation ") in the development of an industrial park in the City's extraterritorial jurisdiction, namely the Texas Triangle Park ( "Park "); and WHEREAS, Axis Pipe and Tube, Inc. has purchased 183 acres in the Park and requires access to public right of way that will lead to Texas State highway 6; and WHEREAS, as a condition for granting a railroad crossing, Union Pacific requires an agreement with the entity responsible for construction and maintenance of the road, and the County is willing to temporarily accept responsibility for maintenance of the portion of Louis Mikulin Road being dedicated to the public; and WHEREAS, the City Council previously determined that it was in the best interests of the citizens of the City to dedicate a portion of the private driveway known as Louis Mikulin Road for the use and benefit of the public and did so in Resolution Number 3492 on June 25, 2013; and WHEREAS, due to concerns related to the design of the road from Union Pacific, the County's traffic engineer, and the engineer designing the road, the City has been asked to repeal and revise the prior dedication to realign the publicly dedicated portion of Mikulin Road; and WHEREAS, the City Council determines that it is in the best interests of the City, County, Foundation, and the citizens of the City to repeal and replace the description of Mikulin Road as the revised version is safer and more efficient; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS: The recitals are incorporated into the text of this Resolution as if fully set forth herein for all purposes. 2. The City Council hereby repeals Resolution Number 3492 to the extent it conflicts with this Resolution. 3. The City Council hereby dedicates a portion of Louis Mikulin Road, more particularly described by metes and bounds in Exhibit A, for the use and benefit of the general public, however the City retains the fee Vol. 207 Pg. jy simple interest over that portion of Mikulin Road used for a private rail spur, more particularly described by metes and bounds as Tract 3 as shown in Exhibit A and only conveys all easement to the public for access across the spur. The City, as well as its successors, assigns, or licensees, shall have the right to operate, control, repair, replace, and maintain the private rail spur provided that doing so does not unreasonably restrict the use, construction, and maintenance of Mikulin Road. 9 The City Council authorizes the Mayor to execute a letter to the County requesting that the County accept the revised Mikulin Road as a County road and authorizes the Mayor to execute a revised interlocal agreement with the County regarding the maintenance and future annexation of the redesigned road. 5. This Resolution shall be effective immediately upon its passage and adoption. 1.1 This document was passed and approved at a public meeting in compliance with the Texas Open Meetings Act. APPROVED AND ADOPTED at a Regular City Council Meeting an this t2 °i day of August, 2014. ATTEST Mary Lynne STratta, City S�y APPROVED AS TO FORM: Jam'— Hampton, City Attorney CITY OF BRYAN lei/ Jas ienski, or Y Vol. 207 Pg. Exhibit A FIELD NOTES TRACT NO. 1 BRAZOS COUNTY LOUIS MIHULIN ROAD TO' WIDE RIGHT -OF -WAY 3.16 ACRES OUT OF THE CITY OF BRYAN CALLED 20.381 ACRE TRACT VOLUME 312, PAGE 68 G McLAUGHLIN LEAGUE, A -38 BRAZOS COUNTY, TEXAS JUNE 18, 2014 All that certain lot, tract or parcel of land being 3.18 acres of land more or lass shusted In the L. McLAUGHLIN LEAGUE, Abstract No. 38, Bruce County. Texas and being a pert of that certain Called 20.391 Acre Tract as described in deed from Lucy Hartigan to The City of Bryan In Volume 312, Page 88, Dead Records of Brazoe County, Texas, said 116 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 112' Iron Rod with Cap get In the southwest dghtof -way Una of State Highway No. 6 for Ore most easterly comer, a Rock found tar the Occupied Most northeasterly comer of said Celled 20.391 acre tract beam N 61 ' 37' W a distance of 41.59 feet THENCE around a curve in a counterclockwise direction having a delta angle of 78' 13' 50', an aro distance of 33.28 feet, a VII of 25.09 lest, end a dhOm 015 80' 15' 05' W, a distance of 30.85 feet to a t2' Iron Rod with Cap set for the point of tangency of said curve; THENCE S 42' 09' 10 W. a distance of 201.24 feel to a 112' Iron Rod with Cap set far angle Point; THENCE 6 47.51 '48 W. a dstance of f DOA0 feet to a 12' Iron Rod with Cap set for angle polo!: THENCE S 42.09' 10' W, a distance of 594.14 feet to a 12' Iron Rod with Cap set for the beginning of a curve; THENCE around a curve In a cl c*Wtse directon having a cotta angle of 18' 50'02 *, an arc distance of 259.68 feet a radius of 780.00 feet, and a chord of B 51 ' 34'11 'W, a distance of 258.52 feet to a 12' Iron Rod with Cap set for the point of tangency of geld curve; THENCE S 00' 59' 12' W, a distance of 388.55 feet to a 12' Iron Rod with Cap set Tor the beginning of a curvs; THENCE around a curve in a counterclorkw46 direction haying a delta angle of 44.40'36 *, an am distance of 354.79 feet a radius of 455,00 feet, and a chord of S 38 '36'53'W. a distance of 345.87 feet to a 12' Iran Rod with Cap set for the point of tangency of said curve; THENCE S 16 - 18' 35' W, a distance of 5.93 fast to a 12' Iron Rod with Cap set for a palm in the southwest line of said Called 20.391 acre tract for the most southeasterly comer, said comer being located In the northeast right- of-wsy line of the Union Pacific Railroad, an X -Tie found for the Occupied sou0mast canner of sold Called 20.381 acre tract bears S 65' 18' 47' E a distance of 226.22 feel; THENCE N 65' 41 '36'W, along the southwest Ilne of sold Called 20,391 acre net and the northeast rightd -way Una of said Union Pacific Railroad a distance of 70.67 feet to a 1/2' Iron Rod with Cep set for the southwest comer, a i/2' Iron Rod found for reference in the northwest line of Bald Called 20.391 eve net beam N 65' 02' D9' W a clstance of 190.04 feet; Vol. 207 Pg. /4// THENCE around a curve In a Clockwise direction having a delta angle of 44' 16' 15', an are distance of 405.50 feet, a radius of 575.00 feet, and a chord of N 36.51 'A4 ' E, a distance of 395,50 feet to a 112" Iron Rod with Cap set for the point of tangency of said curve; THENCE N 60' 69' 12' E, a distance or 388.56 feel to a 1l2' Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a counterdockwlae direction having a delta angle of 19' 50'02 ', an am distance of 236.67 feet, a radius of 720.00 feet, and a chord of N 51 '34. 11 ' E. a distance of 235.61 fast to to a 12' Iron Rod with Cap Set for the point of longency or said curve; THENCE N 42' 09' 10' E. a distance of 684.22 feet to a 112' Iron Rod with Cap sal for the beginning of a curve; THENCE around a curve In a courderclockwise direction having a delta angle of 90' OD' 00', an am distance or 39.27 feet, a radius of 25.00 feet and a chord of N 2' 60'50 1 W, a distance of 35.36 feel to a 12' Iron Rod with Cap eel In the southwest rIgMolNmy fine of said State Highway No.6 for the nodhwast corner, the calculated northvresl corner of Sold Called 20.391 acre tract bears N 01 •37' W a dudance of 339.93 feet; THENCE S 61 ' 37'00' E, along the southwest right-of-way line of said State Highway No. 0 a distance of 127.72feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 3,16 ACRES OF LAND MORE OR LESS, according to a survey performed during the month of June, 2014, underthe supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and workfig under FIRM No, 10093500. North Orientation is based on rotating the southeast line of said Caged 20.391 acre tract to grid north (CORSDe), NAD83. TEXAS STATE PLANE CENTRAL ZONE. n Vol. 207 Pg. `4 i� t Lut Vol. 207 Pg. ``�` �y Q)z� ( § | / |# 2 |"( � 27k °`2222 _ ' | !) \'§ ! � / . )# � ! ;! |!! � !.! \ § { # � !■ � � � } a (§! a § |!/ � |.�•`; K| §;|!: . � 9p 9 2 | | | | | | | | ■ | | | | || ( 2 | | | | | | | | ■ | | | | || ( Vol. 27o P2. W e 119315 YNYIJ1bM I 13M6 lM3YJ3 N I 1 I 1 I I I I x !$ ! I 1 1 I s 1p5 I R IY I I 1 I � 1 �1 1 1 I 1 � I I a I I W I 3pa 4 1 3� < !r to 7 � 7ra t I�u I I 1 7 7 t j 8 / it 3 / ! v / f fu 7 / f ! f 1 ! f 1 ! f ! U 11 ! O / / R M Vol. 207 Pg. 4 3< ¢f¢ m�b aY s { `3 :s g9 / r/ /g ig / Pv 3/ t r bl/ b / i5 I I q I 7 I n I I - I I I u I i GI I 1 , I 4 I m \5 , fp \\ 4 \Q \ � a / y /a ib /9 / / / / f / V / O / a / / if 1 }: I Is I , I N I , a 1 O , Y \ �l Y \ ZpD Ptrp40 4 >U{W Paw., JP�pp' w� u. \ \ ar Vol. 207 Pg. 4 A7 N 3� +J FIELD NOTES TRACT NO. 2 3 TRACT NO.4 BRAZOS COUNTY LOUIS MIKULIN ROAD 70' WIDE RIGHT- OF-WAY 4,638 ACRES OUT OF THE CITY OF BRYAN CALLED 28.726 ACRE TRACT - VOLUME 307, PAGE 204 CALLED 28.728 ACRE TRACT - VOLUME 307, PAGE 200 & CALLED 100.805 ACRE TRACT - VOLUME 296, PAGE 216 L, McLAUGHLIN LEAGUE, A— 38 & O. WILCOX SURVEY, A • 234 BRAZOS COUNTY, TEXAS JUNE 16, 2014 All that certain lot, tract or parcel of land being 4.536 acres of land more or less situated in the L. McLAUGHLIN LEAGUE, Abstract No. 38, and the 0. WILCOX SURVEY, Abstract No. 234, Brazos County, Texas and being a part of the following tracts: 1) that certain Called 28.726 Acre Tract as described In dead from Pauline Bruce Grant to The City of Bryan of record In Volume 307, Page 204, Dead Records of Brazos County, Texas, 2) that certain Called 28.726 Acre Tract as described in deed from Ester Jane Grant McDougal to The City of Bryan of record In Volume 307, Page 200. Deed Records of Brazos County, Texas, end, 3) that certain Caned 100.605 Acre Tract as described in deed from Clara M. Konecny at at to The City of Bryan of record In Volume 296, Page 216, Deed Recordo of Brazos County, Texas, said 4.536 acre tract being more particularly described by metes and bounds In two (2) tracts as follows: TRACT NO. 2 — 0.308 AC. BEGINNING at a 112" Iron Rod with Cap set In the north line of sold Called 28.736 acre tract and also being located in the southwest dght- of-way lire of the Union Pacific Railroad for the most northerly comer, THENCE S 65 ` 41 ' 36' E, along the north line of said Celled 28.726 acre tract and the southwest right -of -way line of said Union Pacific Railroad a distance of 70.73 feet to a 12" Iron Rod with Cap set for the northeast comer, a 1/2" Iron Rod with Cap found for the most northedy comer of the Axis Pipe and Tube Called 23.684 acre tract as described in Volume 11505, page 7 bears 6 65' 41 ' 36' E a distance of 103.86 feel; THENCE around a curve in a counterclockwise directon having a delta angle of 21 ' 37 ' 33 ", an arc distance of 171.74 feet, a radius of 455.00 feet, and a chord of S 4.45' 07' W, a distance of 170.72 feet to a 112" Iron Rod with Cap set for the southeast comer, THENCE S 83' S8' 21 • W, a distance of 70.00 feet to a 112' Iron Rod with Cap set for the southwest comer, THENCE around a curve in a clockwise direction having a deta angle of 22 22' 14', an arc distance of 204.08 feet, a radius of 525,00 feet, and a chord of N 5' 07'28 ` E, a distance of 203.68 feet to a 112' Iron Rod with Cap set for the point of tangency of sold curve; THENCE N 10 " 18 ' 35" E. a distance of 3.92 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.306 OF ONE ACRE IN TRACT NO, 2. VA -207 Pg. `-i7 TRACT NO.4 — 4.23 ACRES BEGINNING at a 112" Iran Rod wbh Cap set for the northeast comer, a 112' Iron Rod with Cap found for the most northerly corner of said Called 23.684 acre tract bears N 27' 17'23' E a distance of 215.38 feet; THENCE S 9' 63' 11 ' E, a distance of 18.10 feet to a 112' Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 51 ' 01 ' 28 an arc distance of 654.55 feet, a radius of 735.00 feet, and a chord of S 15 ' 37 ' 33 " W, a distance of 633.13 feet to a 112' Iron Rod with Cap set for the point of tamency of sold curve, said point also being located In the west line of said Called 23.664 acre tract, a 1/2" Iron Rod with Cap found for athe beginning of a curve on the west One of said Called 23.684 acre tract bears N 41 ' 08' 17' E a distance of 107.50 feet; THENCE S 41 " 05' 17' W, along the west line of said Called 23.684 acre trap at a distance of 1289.95 feel passing a 112" Iran Rod with Cap found for a westerly comer of said Called 23.684 acre tract and continuing at a distance of 1569.95 fast passing a 112" Iron Rod with Cap found for a westerly cornet of said Called 23.684 acre tract and continuing at a distance of 1766.78 feet passing a 112" Iron Rod vMh Cap found for the most westerly comer of said Called 23.684 acre tract and continuing on across said Called 100,805 acre tract for a total distance of 1992.00 feet to a 117 Iron Rod with Cap set for the most southerly comer, a N2' Iron Rod with Cap found for an easterly comer of said Called 100.805 acre tract bears S 58' 07'20' E a distance of 1209.66 feet; THENCE N 48' 51 '43"W, a distance of 70.00 feet to a 112" Iron Rod with Cap set for a vast corner, a Rock found for the Occupied most westerly comer of sold Called 29 728 acre tract beans N 30 " 67 ' 20' W a dlatenoo of 604.28 foot; THENCE N 41 ' 06' 17 " E, a distance of 1992.00 feet to a V1" Iron Rod with Cap set for the beginning of s curve; THENCE around a curve In a counterclocidwise direction having a delta angle of 51 ° 01 '26 4, an are distance of 892.21 feet, a radius of 665.00 feet, and a chord of N 15' 37'33 " IE, a distance of 672.64 feet to a 111' Iron Rod with Cap set for the point of tangency of said curve; THENCE N 9' 53' 11 ' W, a distance of 18.10 feet to a 1/2" Iron Rod with Cap set for the northwest comer, a 112" Iron Rod found for the Occupied north"St comer of said Called 29.726 acre tract bears N 28 ' 54 '48 ' W a distance of 424.93 feet; THENCE N 80' 06' 49" E, a distance of 70.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 4.23 ACRES OF LAND MORE OR LESS IN TRACT NO. 4. Both tracts combined containing a Total area of 4.538 acres of land more or less, according to a survey performed during the month of dune, 2014, under the supervision of H. Curtis Strom, Registered Professional Land Surveyor No. 4961 and worldng under FIRM No, 10093500. North Orientation is based on rotating the west line of said Called 23.684 acre tract td grid north (CORS96), NAD83, TEXAS STATE PLANE CENTRAL ZONE. Vol. 207 Pg. �/151 �"�i w 4 q• t. `O °4E 4 N.IO40 <eiy nrys 4 "."'^f rilh 1 la E iM1i §• M �e1� � • o�i Ip11jii1 T ,d 1 d e l r y {g 7<Iji �$ A Sp7 r U7 11 4 l✓1 F \1 � O TH .1 ° 1 1 x.01 1 4° yZ s 5 al a<'^,g iF n _ 1 yy r- = - -- 3 r Y aaRn um s 2$ y 4 <GK*E y Vol. 207 Pg. �f u T T u u u u T T T T u u T T a �':994asya It 1 l � 1 1 = 1 1 = 1 I R 1 1 1 1 1 I ] 1 I 1 I I 1 I 1 � I 1 Q 1 I I I . 1 Q\ I L I I � 1 I I I I I I I I I 1 I I I I I I I ( 1 I I I I 1 I • I + 8 I 1 � < d 1 yl r I R I •- R p I: I I I I I I bl I �I 1 1 I I 1 �I I 1 YI I .I I I I I I_ I I 1 1 I I c•i I �I I 1 L 1331 as U n I V fQl E 133M8 WWI" Vol. 207 Pg.::fv L 133Nb 3WIlA1vW � L 133Ns 9i4' w I I I I j i I 1 , I I ! I I I I I t I !� 1 f� I t f i I I I I I Y 1 I � I I � i I >Ja I ly �Jb 1 4V� I OLL�p I V I I. on 1 I I I �u R V I QYw jigI s9 I - t I s I I � , I �$ I �$ I 1 t I 3 I y I 3 I y i y E I yp I , I I I i PUP I I � I I , f y I I L 133NS 3WnN31 t R�3` i Y 133=5 3M'IH31YN. I Vol. 207 Pg. ,L1 Vol. 207 Pg. 15-�z .2�B m._1 �0 | � !• || !! �| \ / � �\ i § �§ .. ■� \� � \ § 8 fix - � :�-------- - - - - -� %� Vol. 207 Pg. 15-�z FIELD NOTES TRACT NO. 3 BRAZOS COUNTY LOUIS MIKULIN ROAD 70' WIDE RIGHT -OF -WAY 0.108 OF ONE ACRE OUT OF THE CITY OF BRYAN CALLED 29.726 ACRE TRACT - VOLUME 307, PAGE 204 L. McLAUGHLIN LEAGUE, A — 38 BRAZOS COUNTY, TEXAS JUNE 18, 2014 All that certain lot, tractor parcel of land being 0.108 of one acre of lend more or lase situated in the L Mc AUGHLIN LEAGUE, Abstract No. 38, Brazos County, Texas and being a part of that certain Called 28.726 Acre Tract as described In deed from Pauline Bruce Grant to The City of Bryan of record in Volume 307, Page 204, Deed Records of Brazos County, Texas, said 0.108 acre tract being more particularly described by melee and bounds as follows: BEGINNING at a 112" Iron Rod with Cap set for the northwest corner, a 1/2" Iron Rod found for the northwest comer of said Called 29.726 acre tract bears N 32.41 ' 42 " W a distance of 350,37 feet; THENCE N 83' 56 ' 21 " E, a distance of 70.00 feet to a 112" Iron Rod with Cap set for the nordveast corner, a 112" Iron Rod found for the most northerly corner of the Axle Pipe and Tube, Inc. Called 23.004 acre tract bears N 40' 32'C a distance of 107.55 feet THENCE around a curve in a counterclockwise direction having a delta angle of 03' 49'32 ', an are distance of 30.38 feet, a radius of 455.00 feet, and a chord of S 7 ' 55'25 " E. a distance of 30.37 feet to a 112" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 9' 63' 11 ' E, a distance of 34,60 feet to a 1/2" Iron Rod with Cap set for the southeast comer, THENCE S 80 ' 08 ' 49"W, a distance of 70.00 feet to a 112' Iron Rod with Cap set for the southwest corner; THENCE N 9' 53' 11 ' W, a distance of 34.50 feet to a 1t2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve In a clockwise direction having a delta angle of 03 ' 49' 32', an arc distance of 35.05 feet, a radius of 525.00 feet, and a chord of N 7 ' 58' 25" W. a distance of 35.05 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.108 ACRES OF LAND MORE OR LESS, according to a survey performed during the month of June, 2014, under the supervislon of H. Curds Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500. North Orientation is based on rotating the west line of saki Called 23.884 acre tract to grid north (CORS96) NAD83, TEXAS STATE PLANE CENTRAL ZONE, Vol. 207 Pg. 'NTON Ac,, *mAD %R "w 6 f ci ffi 2 Ta �^ qq gg rj I M I n m I a � xtm e t � t t a t s iD 'a 1 � a v +` •_S SS � t .olirr5§ t 4 t �nb .£ YJ x D i x a a 1 v'AI � Y a AS$a�= 11 •W1a ael G, Y e '8R 1 • i fil 3 =E §`� �C�aSA• a I r I 1jo uz ut 1 I = r r 16 �' a 'i S W I IQ ; x •, -s !y VT.q '• da N.t" WC • [I1 a e � 3 tifa iN4 Vol. 207 Pg. i u z b a J Vol. 207 Pg. STATE OF TEXAS § COUNTY OF BRAZOS § KNOW ALL PERSONS BV THESE PRESENTS: PUBLIC DRAINAGE EASEMENT That the City of Bryan, a Texas, a home rule municipal corporation acting by and through its duly authorized representative, the Bryan Texas Utilities Board, Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, has granted, bargained, and conveyed, and by these presents, does grant, bargain, and convey unto Brazos County, a political subdivision of the State of Texas, Grantee, its successors and assigns, a Public Drainage Easement ("Easement ") for the purpose of constructing and maintaining drainage ditches, channels, culverts, or other conveyance structures associated with storm water control on, under, and near Louis Mikulin Road, on and across a certain tract of land situated in Brazos County, Texas, and being more particularly described by metes and bounds in Exhibit A and shown for reference on the drawings in Exhibit B. It is specifically understood that Grantee and its assigns shall be granted free ingress, egress and regress to and from said Easement for the purpose of making improvements on, and repairs to the aforesaid, as shall be necessary and convenient at all times. It is understood that in the event Louis Mikulin Road is modified, this easement may be modified as well to correspond with the changed stormwater drainage and detention needs of the road, provided that both Grantor and Grantee assent to the modification. Grantee acknowledges that Grantor has a private drive extending through a portion of the easement and Grantee's easement may not interfere unreasonably with the Grantor's use of the easement. TO HAVE AND TO HOLD unto the said Grantee as aforesaid, for the purposes aforesaid, the premises above described forever. Grantor binds itself, its heirs, successors, and assigns to warrant and forever defend the title to the Easement against any person lawfully claiming said property, when such claim is by or through Grantor but not otherwise. WITNESS my hand at Bryan, Texas, this _ day of 20 A APPROVED AS TO FORM: Janis K. Hampton City Attorney THE STATE OF TEXAS § COUNTY OF BRAZOS § %7 q BEFORE ME, the undersigned authority, appeared C.. Benner Chai; rson of the Bryan Texas Utilities Board, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the City of Bryan for the purposes and consideration therein expressed. GIVE AND AND SEAL OF OFFICE, this day of 20/� ,•;tarp•••• B otary blic, State of Texas Vol. 207 P2. SS N of N 7 1"", FIELD NOTES TRACTS DE —1 & DE -2 BRAZOS COUNTY LOUIS MIKULIN ROAD 26' WIDE DRAINAGE EASEMENT 0.244 OF ONE ACRE TOTAL OUT OF THE CITY OF BRYAN CALLED 20.391 ACRE TRACT VOLUME 312, PAGE 66 L. McLAUGHLIN LEAGUE, A -38 BRAZOS COUNTY, TEXAS JUNE 16, 2014 All that certain lot, tract or parcel of land being 0.244 of one acre of land more or less situated in the L. McLAUGHLIN LEAGUE, Abstract No. 38, Brazos County, Texas and being a part of that certain Called 20.391 Acre Tract as described in deed from Lucy Harrison to The City of Bryan in Volume 312, Page 66, Deed Records of Brazos County, Texas, said 0.244 acre tract being more particularly described by metes and bounds in Two (2) Tracts as follows: TRACT NO. DE — 1 BEGINNING at a point for the most westerly corner, a 112" Iron Rod found in the northwest line of said Called 20.391 acre tract near the Calculated southwest comer bears S 60 ° 07 ' 30 " W a distance of 350.71 feet; THENCE around a curve in a clockwise direction having a delta angle of 06 ° 14' 21 ", an arc distance of 59.89 feet, a radius of 550.00 feet, and a chord of N 50 ° 42' 27 " E, a distance of 59.86 feet to a point for an interior comer; THENCE N 36 ° 10 22 " W, a distance of 15.00 feet to a point for an exterior corner; THENCE N 56 " 57 ' 14 " E, a distance of 61.64 feet to a point for an exterior corner; THENCE S 29 ° 55' 09 " E, a distance of 15.00 feet to a point for an interior corner, THENCE around a curve in a clockwise direction having a delta angle of 00 ° 54' 21 ", an arc distance of 8.70 feet, a radius of 550.00 feet, and a chord of N 60 ° 32'01 " E, a distance of 8.70 feet to a point for the point of tangency of said curve; THENCE N 60 ° 59 ' 12 " E, a distance of 147.04 feet to a point for the most northerly corner, a Rock found for the Occupied most northeasterly corner of said Called 20.391 acre tract bears N 53 ° 35 ' 15 " E a distance of 1410.46 feet; THENCE S 29 ° 00 '48 " E, a distance of 25.00 feet to a point for the most easterly corner; THENCE S 60 ° 59 ' 12 " W, a distance of 147.04 feet to a point for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 13 ° 23' 54 ", an arc distance of 122.77 feet, a radius of 525.00 feet, and a chord of S 54 ° 17 ' 14 " W, a distance of 122.49 feet to a point for the most southerly corner, an X -Tie found for the most southeasterly corner of said Called 20.391 acre tract bears S 18 " 36 ' 13 " E a distance of 379.99 feet; THENCE N 42 ° 24'43 " W, a distance of 25.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.177 OF ONE ACRE OF LAND MORE OR LESS IN TRACT NO DE -1. Vol. 207 PLY. S % TRACT NO. DE — 2 BEGINNING at a point for the most southerly corner, an X -Tie found for the most southeasterly corner of said Called 20.391 acre tract bears S 15 ' 48 ' 49 " E a distance of 281.59 feet; THENCE N 46 ° 03 ' 16 " W, a distance of 25.00 feet to a point for the most westerly corner; THENCE around a curve in a clockwise direction having a delta angle of 15 ° 12 '55 ", an arc distance of 120.83 feet, a radius of 455.00 feet, and a chord of N 51 " 33 ' 12 " E, a distance of 120.47 feet to a point for the most northerly corner; THENCE S 30 " 50 ' 21 " E. a distance of 25.00 feet to a point for the most easterly corner, a Rock found for the Occupied most northeasterly corner of said Called 20.391 acre tract bears N 50 ° 01 ' 53 " E a distance of 1588,40 feet; THENCE around a curve in a counterclockwise direction having a delta angle of 15 ° 12 ' 55 ", an arc distance of 114.19 feet, a radius of 430.00 feet, and a chord of S 51 ° 33' 12 " W, a distance of 113.85 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.067 OF ONE ACRE OF LAND MORE OR LESS IN TRACT NO. DE -2. Both Tracts combined containing an area of 0.244 of one acre of land more or less, according to a survey performed during the month of June, 2014, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500, North Orientation is based on rotating the southeast line of said Called 20.391 acre tract to grid north (CORS96), NAD83, TEXAS STATE PLANE CENTRU ZONE. Vo1.207 Pg. 1 �� FIELD NOTES TRACT NUMBERS DE -3, DE-4, DE -5, DE -6 & DE -7 BRAZOS COUNTY LOUIS MIKULIN ROAD VARIABLE WIDTH DRAINAGE EASEMENTS 0.976 OF ONE ACRE OUT OF THE CITY OF BRYAN CALLED 29.726 ACRE TRACT - VOLUME 307, PAGE 204 CALLED 29.726 ACRE TRACT - VOLUME 307, PAGE 200 & CALLED 100.805 ACRE TRACT - VOLUME 296, PAGE 216 L. McLAUGHLIN LEAGUE, A — 38 & 0. WILCOX SURVEY, A - 234 BRAZOS COUNTY, TEXAS JUNE 16, 2014 All that certain lot, tract or parcel of land being 0.975 acres of land more or less situated in the L. McLAUGHLIN LEAGUE, Abstract No. 38, and the O. WILCOX SURVEY, Abstract No. 234, Brazos County, Texas and being a part of the following tracts: 1) that certain Called 29.726 Acre Tract as described in deed from Pauline Bruce Grant to The City of Bryan of record in Volume 307, Page 204, Deed Records of Brazos County, Texas, 2) that certain Called 29.726 Acre Tract as described in deed from Ester Jane Grant McDougal to The City of Bryan of record in Volume 307, Page 200, Deed Records of Brazos County, Texas, and, 3) that certain Called 100.805 Acre Tract as described in deed from Clara M. Konecny at al to The City of Bryan of record in Volume 296, Page 216, Deed Records of Brazos County, Texas, said 0.975 acre tract being more particularly described by metes and bounds In five (5) tracts as follows: TRACT NO. DE -3 — 0.029 AC. BEGINNING at a 1/2" Iron Rod with Cap set for the northwest corner, a 1/2" Iron Rod found for the northwest corner of said Called 29.726 acre tract bears N 39 ° 28' 38 " W a distance of 422.29 feet; THENCE N 80 ° 06 ' 49 - E, a distance of 25.00 feet to a point for the northeast corner; THENCE S 9 ° 53' 11 " E, a distance of 33.68 feet to a point in the west line of the Axis Pipe and Tube, Inc. Called 23.684 acre tract for an exterior comer, a 1/2" Iron Rod with Cap found for the most northerly comer of said Called 23.684 acre tract bears N 21 ° 43 ' 58 " E a distance of 200.56 feet; THENCE with the west line of said Called 23.684 acre tract around a curve in a counterclockwise direction having a delta angle of 02 ` 38 ' 05 ", an arc distance of 19.78 feet, a radius of 430.04 feet, and a chord of S 6' 55 ' 51 " W, a distance of 19.77 feet to a point for the southeast corner, a 112" Iron Rod with Cap found for the point of tangency of curve in west line of said Called 23.684 acre tract bears S 2 ° 53 ' 10 " W a distance of 40.93 feet; THENCE S 80 ° 06'49 " W, a distance of 19.28 feet to a 1/2" Iron Rod with Cap found for the southwest corner, THENCE N 9 ° 53' 11 " W, a distance of 52.60 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.029 OF ONE ACRE MORE OR LESS IN TRACT NO. DE -3. Vol. 207 Pg. 5 `; TRACT NO. DE -4 - 0.042 AC BEGINNING at a 112" Iron Rod with Cap set for the northeast comer, a 1/2" Iron Rod with Cap found for the most northerly corner of said Called 23.684 acre tract bears N 45 " 42' 02 " E a distance of 242.61 feet; THENCE S 9 " 53 ' 11 " E, a distance of 52.60 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 01 ° 52 ' 12 ", an arc distance of 21.71 feet, a radius of 665.00 feet, and a chord of S 8 " 57' 05 " E, a distance of 21.70 feet to a point for the southeast corner; THENCE S 81 ° 59'01 " W, a distance of 25.00 feet to a point for the southwest corner; THENCE around a curve in a counterclockwise direction having a delta angle of 01 " 52' 12 ", an arc distance of 20.89 feet, a radius of 640.00 feet, and a chord of N 8 " 57 ' 05 " W, a distance of 20.89 feet to a point for the point of tangency of said curve; THENCE N 9 " 53 ' 11 " W, a distance of 52.60 feet to a point for the northwest corner, a 1/2" Iron Rod found for the northwest corner of said Called 29.726 acre tract bears N 27 ° 03 ' 57 " W a distance of 384.36 feet; THENCE N 80 " 06'49 " E, a distance of 25.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.042 OF ONE ACRE MORE OR LESS IN TRACT NO. DE -4. TRACT NO. DE -5 - 0.078 AC. BEGINNING at a point in the west line of said Called 23.684 acre tract for the southeast comer, a 1/2" Iron Rod with Cap found at the beginning of a curve in the west line of said Called 23.684 acre tract bears S 31 " 24 '38 " W a distance of 159.12 feet; THENCE N 69 " 19 ' 54 " W, a distance of 20.84 feet to a point for the southwest corner; THENCE around a curve in a counterclockwise direction having a delta angle of 15 " 10' 18 ", an arc distance of 194.62 feet, a radius of 735.00 feet, and a chord of N 13 ° 04 '57 " E, a distance of 19406 feet to a point for the northwest corner, a 1/2" Iron Rod found for the northwest corner of said Called 29.726 acre tract bears N 26 ° 23' 37 " W a distance of 641.22 feet; THENCE S 84 ° 30' 11 " E, a distance of 9.00 feet to a point in the west line of said Called 23.684 acre tract for the northeast comer, a 1/2" Iron Rod with Cap found for the beginning of a curve in the west line of said Called 23.684 acre tract bears N 0 ° 09'31 " E a distance of 159.90 feet; THENCE S 0 ° 09' 31 " W, along the west line of said Called 23.684 acre tract a distance of 22.84 feet to a 1/2" Iron Rod with Cap found for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 21 " 31 '26 ", an arc distance of 176.89 feet, a radius of 470.87 feet, and a chord of S 10 " 55 ' 16 " W, a distance of 175.85 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.078 OF ONE ACRE OF LAND MORE OR LESS IN TRACT NO, DE -5. TRACT NO. DE -6 - 0.433 AC. BEGINNING at a point for the most easterly corner, a 1/2" Iron Rod found for the northwest corner of said Called 29.726 acre tract bears N 11 " 20 ' 21 " E a distance of 1328.54 feet; THENCE S 41 ° 08 ' 17 " W, a distance of 633.81 feet to a point for the most southerly corner, a 1/2" Iron Rod with Cap found for the most westerly corner of said Called 23.684 acre tract bears S 35 " 12' 14 " W a distance of 677.07 feet; THENCE N 46 ° 51 '43 " W, a distance of 25.00 feet to a point for the most westerly corner, a Rock found for the most westerly corner of said Called 29.726 acre tract bears S 84 " 50 ' 12 " W a distance of 920.08 feet; THENCE N 41 ° 08 ' 17 " E, a distance of 150.00 feet to a point for an interior corner; Vol. 207 P2. THENCE N 48 ° 51 ' 43 " W, a distance of 25.00 feet to a point for an exterior corner; THENCE N 41 ° 08' 17 " E, a distance of 120.00 feet to a point for an exterior corner; THENCE S 48 ° 51 '43 " E, a distance of 25.00 feet to a point for an interior corner; THENCE N 41 ° 08 ' 17 " E, a distance of 363.81 feet to a point for the most northerly corner; THENCE S 48 ° 51 '43 " E. a distance of 25.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.433 OF ONE ACRE OF LAND MORE OR LESS IN TRACT NO DE-6. TRACT NO. DE -7- 0.393 AC BEGINNING at a 1/2" Iron Rod with Cap set for an interior corner, a Rock found for the west corner of said Called 29.726 acre tract bears N 30 ° 57' 20 " W a distance of 694.28 feet; THENCE S 48 ° 51 '43 " E, a distance of 70.00 feet 10 a 1/2" Iron Rod with Cap set for an interior corner, a 1/2" Iron Rod with Cap found for an easterly corner of said Called 100.805 acre tract bears S 58 ° 07 ' 20 " E a distance of 1209.66 feet; THENCE N 41 ° 08 ' 17 " E, a distance of 71.00 feet to a point for a north corner, a 1/2" Iron Rod with Cap found for the most westerly corner of said Called 23.664 acre tract bears N 41 ° 08' 17 " E a distance of 134.22 feet; THENCE S 48 ° 51 '43 " E. a distance of 25.00 feet to a point for an easterly corner; THENCE S 41 ° 08' 17 " W, a distance of 106.00 feet to a point for the most southerly corner; THENCE N 48 ° 51 '43 " W, a distance of 120.00 feet to a point for the most westerly corner; THENCE N 41 ° 08 ' 17 " E, a distance of 481.18 feet to a point for the most northerly corner, a 1/2" Iron Rod found for the northwest comer of said 29.726 acre tract bears N 25 ° 09 ' 52 " E a distance of 2308.29 feet; THENCE S 48 ° 51 '43 " E, a distance of 25.00 feet to a point for an easterly corner; THENCE S 41 ° 08' 17 " W, a distance of 446.18 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.393 OF ONE ACRE OF LAND MORE OR LESS IN TRACT NO. DE -7. All tracts combined containing a Total area of 0.975 of one acre of land more or less, according to a survey performed during the month of June, 2014, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500. N Orientation is based on rotating the west line of said Called 23.684 acre tract to grid north (CORS96), NAD83, TEXAS STATE PLANE CENTRAL ZONE. Vol. 207 Pg. � / Exhibit B Vol. 207 Pg. 0-1 ��Y+r33• uNI1100�WIEIC 04116 • 3 53 tl l{6 6.0 .Wj 041) W �` NNG GY Vt ppi �J. 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R 01Qry 0 zQ �9'i$n €B€ n o a° 3u rc o° ias l Nl ip = m ;W Q C ri 09 �1yy j I i en I vu P y N a 4�` a PI V IW a88 8 ss 1 6 1 E�aao :3 v s VOW w ON ¢ 5 zzJ e a _° LL l Rp Ot0p0 h. ` X61 °g i0N PpW, ROW.1 M eY °rte W UN 1100' `p'9ti V 1� STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL PERSONS BY THESE PRESENTS Temporary Construction and Lay Down Yard Easement That the City of Bryan, a Texas, a home rule municipal corporation acting by and through its duly authorized representative, the Bryan Texas Utilities Board, Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, has granted, bargained, and conveyed, and by these presents, does grant, bargain, and convey unto Brazos County, a political subdivision of the State of Texas, Grantee, its successors and assigns, a Temporary Construction and Lay Down Yard Easement ( "Easement ") for the purpose of facilitating the construction of Louis Mikulin Road, on and across a certain tract of land situated in Brazos County, Texas, and being more particularly described by metes and bounds in Exhibit A and shown for reference on the drawings in Exhibit B. It is specifically understood that Grantee and its assigns shall be granted free ingress, egress, and regress to and from said Easement for the purpose of facilitating the construction of Louis Mikulin Road, which includes the right of ingress, egress, and regress; storage of materials; and the storage and use of equipment. This Easement and the rights contained herein shall begin upon the date of execution and shall terminate upon acceptance of the road by Grantee. Prior to termination of the Easement, Grantee shall return the surface of the Easement to substantially the same condition it was in prior to construction, to the extent reasonably practicable. Grantee agrees to release and hold harmless Grantor, as well as its officers, employees, and elected officials from any and all claims, losses, damages, causes of action, suits, or liabilities of every kind, including all expenses of litigation (meaning attorney's fees and court costs) related to the injury or death of any person, or damage to any property, arising out of or in connection with Grantee's use of the Easement. Grantee shall require that any assignee have commercial general liability insurance for personal injuries and death relating to the construction work being performed on the Easement in the minimum amount of $1,000,000 per occurrence. TO HAVE AND TO HOLD unto the said Grantee as aforesaid, for the purposes aforesaid, the premises above described forever. Grantor binds itself, its heirs, successors, and assigns to warrant and forever defend the title to the Easement against any person lawfully claiming said property, when such claim is by or through Grantor but not otherwise. WITNESS my hand at Bryan, Texas, this 04 day of 20154— APPROVED AS TO FORM: C 4� J is K. Hampton City Attorney THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, appeared tiara- Beaaw, Chairperson Dr the Bryan Texas Utilities Board, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the City of Bryan for the purposes and consideration therein expressed. GIVEN VMPER MY HAND AND SEAL O OFFICE, this1Lday of 204 VF�A M -1N, fro B4e Notary blic, State of Texas s �e , � r Vol. 207 Pg. d1f Exhibit A Vol. 207 Pg. Z/ FIELD NOTES TRACTS TCE — 1 & TCE - 2 BRAZOS COUNTY LOUIS MIKULIN ROAD 25' WIDE TEMPORARY CONSTRUCTION EASEMENT 2.20 ACRES TOTAL OUT OF THE CITY OF BRYAN CALLED 20.391 ACRE TRACT VOLUME 312, PAGE 66 L, McLAUGHLIN LEAGUE, A — 38 BRAZOS COUNTY, TEXAS JUNE 16, 2014 All that certain lot, tract or parcel of land being 2.20 acres of land more or less situated in the L. McLAUGHLIN LEAGUE, Abstract No. 38, Brazos County, Texas and being a part of that certain Called 20.391 Acre Tract as described in deed from Lucy Harrison to The City of Bryan in Volume 312, Page 66, Deed Records of Brazos County, Texas, said 2.20 acre tract being more particularly described by metes and bounds in Two (2) Tracts as follows: TRACT NO. TCE - 1 BEGINNING at a point in the southwest right -of -way line of State Highway No. 6 for the most northeasterly corner, a Rock found for the Occupied Most Easterly corner of said Called 20.391 acre tract bears N 61 ° 37 'W a distance of 35.47 feet; THENCE S 42 ° 09' 10 " W. a distance of 228.23 feet to a point for angle point; THENCE S 47 ' 51 '48 " W, a distance of 100.46 feet to a point for angle point; THENCE S 42 ° 09 ' 10 " W, a distance of 592.89 feet to a point for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 18 ° 50 ' C2 ", an arc distance of 257.90 feet, a radius of 815.00 feet, and a chord of S 51 ° 34 ' 14 " W, a distance of 266.70 feet to a point for the point of tangency of said curve; THENCE S 60 ° 59 ' 12 " W, a distance of 388.55 feet to a point for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 44 ° 40' 36 ", an are distance of 335.30 feet, a radius of 430.00 feet, and a chord of S 38 ° 38' 53 " W, a distance of 326.87 feet to a point for the point of tangency of said curve; THENCE S 16 ° 18' 35 " W, a distance of 9.45 feet to a point in the southwest line of said Called 20.391 acre tract for the southeasterly comer, said corner being located in the northeast right -of -way line of the Union Pacific Railroad, an X -Tie found for the Occupied southeast corner of said Called 20.391 acre tract bears S 65 ° 13 ' 40 " E a distance of 200.98 feet; THENCE N 65 ° 41 ' 36 " W, along the southwest line of said Called 20.391 acre tract and the northeast right -of -way line of said Union Pacific Railroad a distance of 25.25 feet to a 1/2" Iron Rod with Cap set for the most southwesterly comer, a 1/2" Iron Rod found for reference in the northwest line of said Called 20.391 acre tract bears N 65 ° 12 ' 51 " W a distance of 260.72 feet; THENCE N 16 ° 18' 35 " E, a distance of 5.93 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 44 ° 40' 36 ", an arc distance of 354.79 feet, a radius of 455.00 feet, and a chord of N 38 ° 38 ' 53 " E, a distance of 345.87 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE N 60 ° 59 ' 12 " E, a distance of 388.55 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; Vol. 207 Pg. /-> THENCE around a curve in a counterclockwise direction having a delta angle of 18 ° 50' 02 ", an arc distance of 259.68 feet, a radius of 790.00 feet, and a chord of N 51 ° 34' 11 " E, a distance of 258.52 feet to a 112" Iron Rod with Cap set for the point of tangency of said curve; THENCE N 42 " 09 ' 10 " E, a distance of 594,14 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 47 ° 51 '48 " E, a distance of 100.46 feet to a 112" Iron Rod with Cap set for angle point; THENCE N 42 ° 09' 10 " E, a distance of 201.24 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 76 ° 13' 50 ", an arc distance of 33.26 feet, a radius of 25.00 feet, and a chord of N 80 ° 16 ' 05 " E, a distance of 30.86 feet to a 1/2" Iron Rod with Cap set in the southwest right -of -way line of said State Highway No. 6 for the end of said curve, said corner also being located in the northerly line of said Called 20.391 acre tract; THENCE S 61 ' 37 '00 " E, continuing along the southwest right -of -way line of said State Highway No. 6 for a distance of 6.13 feet to the PLACE OF BEGINNING AND CONTAINING AN ARE OF 1.10 ACRES IN TRACT NO. TCE -1. TRACT NO. TCE - 2 BEGINNING at a point in the southwest right -of -way line of said State Highway No. 6 for the most northerly corner, the calculated northwest corner of said Called 20.391 acre tract bears N 61 ° 37 ' W a distance of 338.93 feet; THENCE around a curve In a clockwise direction having a delta angle of 90 ° 00 '00 ", an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of S 2 ° 50 ' 50 " E, a distance of 35.36 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 42 ° 09 ' 10 " W, a distance of 864.22 feet to a 112" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 18 ° 50 ' 02 ", an arc distance of 236.67 feet, a radius of 720.00 feet, and a chord of S 51 ° 34' 11 " W, a distance of 235.61 feet to a 112" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 60 ° 59 ' 12 " W, a distance of 388.55 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 44 ° 15'05 ", an arc distance of 405.47 feet, a radius of 525.00 feet, and a chord of S 38 ° 51 '39 'W, a distance of 395.47 feet to a 1/2" Iron Rod with Cap set in the southwest line of said Called 20.391 acre tract for the most southeasterly corner, said corner being located in the northeast right -of -way line of said Union Pacific Railroad, an X -Tie found for the Occupied southeast corner of said Called 20.391 acre tract bears S 65 ° 22 ' 42 " E a distance of 296.89 feet; THENCE N 65 ° 41 ' 36 " W, along the southwest line of said Called 20.391 acre tract and the northeast right -of -way line of said Union Pacific Railroad a distance of 25.21 feet to a point for the southwesterly corner, a 112" Iron Rod found for reference in the northwest line of said Called 20.391 acre tract bears N 64 ° 56 ' 08 " W a distance of 164.84 feet; THENCE around a curve in a clockwise direction having a delta angle of 43 ° 54' 19 ", an arc distance of 421.46 feet, a radius of 550.00 feet, and a chord of N 39 ° 02 '02 " E, a distance of 411.22 feet to a point for the point of tangency of said curve; THENCE N 60 " 59 ' 12 " E, a distance of 388.55 feet to a point for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 18 ° 50 '02 ", an arc distance of 228.46 feet, a radius of 695.00 feet, and a chord of N 51 ° 34 ' 11 " E, a distance of 227.43 feet to a point for the point of tangency of said curve; THENCE N 42 ° 09' 10 " E, a distance of 889.22 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 1.10 ACRES OF LAND IN TRACT NO. TCE -2. Vo1.207 Pg. 7 Both Tracts combined containing a Total Area of 2.20 Acres of land more or less, according to a survey performed during the month of June, 2014, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500, North Orientation is based on rotating the southeast line of said Called 20.391 acre tract to grid north (CORS96), NAD83, TEXAS STATE PLANE CENTRAL ZONE. Vol. 207 Pg. 7, FIELD NOTES TRACT NO. TCE 4 -A & TRACT NO. TCE 4 -B BRAZOS COUNTY LOUIS MIKULIN ROAD 25' WIDE TEMPORARY CONSTRUCTION ESMT. 2.263 ACRES OUT OF THE CITY OF BRYAN CALLED 29.726 ACRE TRACT - VOLUME 307, PAGE 204 CALLED 29.726 ACRE TRACT - VOLUME 307, PAGE 200 & CALLED 100.806 ACRE TRACT -VOLUME 296, PAGE 216 L. McLAUGHLIN LEAGUE, A -38 & O. WILCOX SURVEY, A - 234 BRAZOS COUNTY, TEXAS JUNE 16, 2014 All that certain lot, tract or parcel of land being 2.263 acres of land more or less situated in the L. McLAUGHLIN LEAGUE, Abstract No. 38, and the O. WILCOX SURVEY, Abstract No. 234, Brazos County, Texas and being a part of the following tracts: 1) that certain Called 29.726 Acre Tract as described in deed from Pauline Bruce Grant to The City of Bryan of record in Volume 307, Page 204, Deed Records of Brazos County, Texas, 2) that certain Called 29.726 Acre Tract as described in deed from Ester Jane Grant McDougal to The City of Bryan of record in Volume 307, Page 200, Deed Records of Brazos County, Texas, and, 3) that certain Called 100.805 Acre Tract as described in deed from Clara M. Konecny et al to The City of Bryan of record in Volume 296, Page 216, Deed Records of Brazos County, Texas, said 2.263 acre tract being more particularly described by metes and bounds in two (2) tracts as follows: TRACT NO. TCE 4 -A — ( 0.323 AC.) BEGINNING at a 1/2" Iron Rod with Cap set In the northerly line of said Called 29.726 acre tract for the most northerly corner, said corner also being located in the southerly right -of -way line of the Union Pacific Railroad, a 112" Iron Rod found for the northwest corner of said Called 29.726 acre tract bears N 65 ° 41 ' 36 " W a distance of 305.49 feet; THENCE S 65 ° 41 '36 " E, along the northerly line of said Called 29.726 acre tract and the southerly right -of -way line of said Union Pacific Railroad a distance of 25.31 feet to a point for the northeast corner, THENCE around a curve in a counterclockwise direction having a delta angle of 24 " 56 ' 19 ", an arc distance of 187.16 feet, a radius of 430.00 feet, and a chord of S 2 " 34 ' 59 " W, a distance of 185.69 feet to a point for the point of tangency of said curve; THENCE S 9 ° 53 ' 11 " E, a distance of 33.68 feet to a point In the west line of the Axis Pipe and Tube, Inc Called 23.684 acre tract; THENCE with the west line of said Called 23.684 acre tract around a curve in a counterclockwise direction having a delta angle of 08 ° C5' 22 ", an arc distance of 60.72 feet, a radius of 430.04 feet, and a chord of S 4 " 12 ' 13 " W, a distance of 60.67 feet to a 1/2" Iron Rod with Cap found for the point of tangency of said curve; THENCE S 0 ° 09' 31 " W, continuing along the west line of said Called 23.684 acre tract a distance of 182.74 feet to a 112" Iron Rod with Cap found for the beginning of a curve; Vol. 207 Pg. V THENCE with the west line of said Called 23.684 acre tract around a curve in a clockwise direction having a delta angle of 40 ° 58 '46 ", an arc distance of 336.78 feet, a radius of 470.87 feet, and a chord of S 20 ° 38' 54 " W, a distance of 329.64 feet to a 1/2" Iron Rod with Cap found for the point of tangency of said curve; THENCE S 41 ° 08 ' 17 " W, continuing along the west line of said Called 23.684 acre tract a distance of 107.50 feet to a 1/2" Iron Rod with Cap set for the most southerly corner; THENCE around a curve in a counterclockwise direction having a delta angle of 51 ° 01 ' 28 ", an arc distance of 654.55 feet, a radius of 735.00 feet, and a chord of N 15 ° 37 ' 33 " E, a distance of 633.13 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE N 9 ° 53' 11 " W, a distance of 52.60 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 25 ° 27' 05 ", an arc distance of 202.12 feet, a radius of 455.00 feet, and a chord of N 2 ° 50 ' 21 " E, a distance of 200.46 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.323 OF ONE ACRE OF LAND MORE OR LESS IN TRACT NO. TCE 4 -A. TRACT NO. TCE 4•13 - ( 1.94 AC.) BEGINNING at a point in the northerly line of said Called 29.726 acre tract for the most northerly corner, said corner also being located in the southerly right -of -way line of the Union Pacific Railroad, a 1/2" Iron Rod found for the northwest corner of said Called 29.726 acre tract bears N 65 ° 41 ' 36 " W a distance of 209.52 feet; THENCE S 65 ° 41 '36 " E, along the northerly line of said Called 29.726 acre tract and the southerly right -of -way line of said Union Pacific Railroad a distance of 25.25 feet to a 1/2" Iron Rod with Cap set for the northeast corner; THENCE S 16 ° 18 ' 35 " W, a distance of 3.92 feet to a 1/2" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 26 ° 11 ' 46 ", an arc distance of 240.03 feet, a radius of 525.00 feet, and a chord of S 3 ° 12, 42 " W, a distance of 237,95 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 9 ° 53' 11 " E, a distance of 52.60 feet to a 112" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 51 ° 01 ' 28 ", an arc distance of 592.21 feet, a radius of 665.00 feet, and a chord of S 15 ° 37 ' 33 " W, a distance of 572.84 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 41 ° 08' 17 " W, a distance of 1992.00 feet to a 112" Iron Rod with Cap set for an interior corner, a Rock found for the west corner of said Called 29.726 acre tract bears N 30 ° 57 '20 " W a distance of 694.28 feet; THENCE S 48 ° 51 '43 " E, a distance of 70.00 feet to a 1/2" Iron Rod with Cap set for an interior comer, a 1/2" Iron Rod with Cap found for an easterly corner of said Called 100.805 acre tract bears S 58 ° 07 '20 " E a distance of 1209.66 feet; THENCE N 41 ° 08' 17 " E, a distance of 205.22 feet to a 1/2" Iron Rod with Cap found in the north line of said Called 100.805 acre tract for a north corner, said comer also being the most westerly corner of said Called 23.684 acre tract; THENCE S 48 ° 12'57 " E, along the northeast line of said Called 100.805 acre tract and the southwest line of said Called 23.684 acre tract a distance of 25.00 feet to a point for an east comer, a 1/2" Iron Rod with Cap found for the south comer of said Called 23.684 acre tract bears S 48 ° 12' 57 " E a distance of 244.02 feet; THENCE S 41 ° 08 ' 17 " W, a distance of 108.95 feet to a point for an interior comer; THENCE S 48 ° 51 '43 " E. a distance of 25.00 feet to a point for an exterior corner; THENCE S 41 ° 08' 17 " W, a distance of 131.00 feet to a point for the most southerly corner; Vol.207 Pg. % THENCE N 48 ° 51 '43 " W, a distance of 145.00 feet to a point for the most westerly corner; THENCE N 41 " 08' 17 " E, a distance of 2027.00 feet to a point for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 51 ° 01 ' 28 ", an arc distance of 569.95 feet, a radius of 640.00 feet, and a chord of N 15 ° 37 ' 33 " E, a distance of 551.30 feet to a point for the point of tangency of said curve; THENCE N 9 ° 53' 11 " W, a distance of 52.60 feet to a point for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 26 ° 11 '46 ", an arc distance of 251.47 feet, a radius of 550.00 feet, and a chord of N 3 ° 12, 42 " E, a distance of 249.28 feet to a point for the point of tangency of said curve; THENCE N 16 ° 18' 35 " E, a distance of 7.44 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 1.94 ACRES OF LAND MORE OR LESS IN TRACT NO. TCE 4 -8. Both tracts combined containing a Total area of 2.263 acres of land more or less, according to a survey performed during the month of June, 2014, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under FIRM No. 10093500. North Orientation is based on rotating the west line of said Called 23.684 acre tract to grid north (CORS96), NAD83, TEXAS STATE PLANE CENTRAL ZONE. Vol. 207 Pg. V, Exhibit B Vol. 207 Pg. 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COGA ......'............f......_.. r 0 j i 0 nG, E ?` ..... ......... '0.._5 F... w Vol. 207 Pg. SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1554377 This contract is executed between the Office of the Attorney General (OAG) and Brazos County (GRANTEE) for certain grant funds. The Office of the Attorney General and Brazos County may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to maintain Texas counties and other entities in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To ensure a standard statewide service to all interested entities, including GRANTEE, the OAG make grant funds available for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SAVNS services to the GRANTEE. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 15, 2013. After an evaluation of offers, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial term of the Vendor Certification is from September 1, 2013 to August 31, 2015. The GAG may exercise its option to extend the term for up to two renewal terms, consisting of two years each. The Vendor Certification includes the offer to perform the "Requested Scope of Services — Statement of Work Requirements and Terms and Conditions Applicable to the Vendor Certification' as well as the Pricing Model as provided in the BAFO. The vendor certified to provide the services is Appriss, Inc., ( "Certified Vendor"), a Kentucky corporation authorized to do business in Texas.. SECTION 2. TERM OF THE CONTRACT This contract shall begin on September 1, 2014 and shall terminate August 31, 2015, unless it is terminated earlier in accordance with another provision of this contract, SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the OAG SAVNS Contract - FY 2015 Page 1 of Is Vol. 207 Piz. fl 16 Vendor Certification documents. The Services Agreement will include terms and conditions that are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Cert ified Vendor in accordance with the Scope of Services as stated in this contract and the OAG Vendor Certification documents. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan." The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate and relevant to support the SAVNS services; verify the Certified Vendors performance according to Services Agreement; satisfactorily discharge GRANTEE's obligations as described in the Services Agreement; and identify and dedicate GRANTEE staff, resources and equipment necessary to maintain the SAVNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. GRANTEE will execute a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor, for the tern of this contract, GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. GRANTEE will allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third- parties to assist the OAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendors performances. 3.5 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the "Scope of Services ". As a condition of reimbursement, GRANTEE agrees to faithfully, timely and in a good and workman-like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it SAVNS Contract - FY 2415 Page 2 of 18 Vol. 207 Pg. ���� files each document or form'required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. 41.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with an original signature of someone with authority. To change Grant Contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by the Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self - evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, rules or regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. SAWS Contract - FY 2015 Page 3 of 18 Vol. 207 Pg. 00 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports, in the appropriate format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances on the quarterly statistical report for any year -to -date performance by GRANTEE that varies from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self - evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log" that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, and steps taken to resolve the problem and when the problem was resolved. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Requests for Reimbursement. REFER TO SECTION 4.3.5. FOR MORE INFORMATION ON REIMBURSEMENT RIGHTS AND PROCESSES - GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. OAG grant funds are paid on a cost reimbursement basis. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests SAVNS Contract - FY 2015 Page 4 of 18 Vol.-207 Pg. YJ for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2015, GRANTEE will ubmit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. h. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit B (Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit The timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. Unless, otherwise noted on Exhibit B (Special Conditions), GRANTEE will contract with an independent CPA firm to perform an annual financial audit engagement. If applicable, GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A -133 (audits of State, Local Government, and Non -Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non - Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Assignment Of Rights Of Payment And Reimbursement Details. THE FOLLOWING PROVISIONS SPECIFICALLY APPLY TO THIS CONTRACT: a. GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. GRANTEE EXPRESSLY ASSIGNS ANY AND ALL RIGHTS OF PAYMENT UNDER THIS CONTRACT TO THE CERTIFIED VENDOR. b. The Certified Vendor will send its "Service Agreement Renewal Notice" (or other similar document) and invoice (either annually or quarterly which detail the amount due for each quarter) to GRANTEE by September 1, 2014. The Certified Vendor will notify the OAG within 20 days of the notices being sent that they were sent. C. GRANTEE shall submit an invoice to the OAG for the prior quarter by the 5th of the next month following the end of each quarter. The quarters for FY2015 end on November 30, February 28, May 31, and August 31. GRANTEE shall include verification with its invoice to the OAG stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter. SAVNS Contract - FY 2015 Page 5 of 18 Vol. 207 Pg. 5 � d. The OAG will forward to the Certified Vendor the payments due to the GRANTEE from the OAG for services provided by the Certified Vendor as required by this contract. e. The OAG will only pay a quarterly reimbursement payment in arrears after verification from the GRANTEE that services from the Certified Vendor were provided. f. The OAG will process and forward payments to the Certified Vendor each quarter during FY2015 for invoices received from the GRANTEE that also include the appropriate verification along with its invoice. The quarterly payment will be made for invoices received by the OAG by the 5th day of the month following the end of the quarter, as defined above. The payment will be generated no later than the 30th day after the 5th day of the month following the end of the quarter, as defined above. If an invoice is submitted after the 5i° day of the month following the end of the quarter, the invoice may not be paid until the next quarter, as defined above. The OAG will follow up at least once with any GRANTEE that has not returned its paperwork by the designated deadline for any quarter. The OAG will contact the GRANTEE by the 10th day of the next month following the end of each quarter. g. If the GRANTEE does not submit the required invoice and verification prior to the quarterly deadline defined above, the OAG will process payment in accordance with Section 4.3.5 (f). h. If GRANTEE does not submit the required invoice and verification to the OAG within 45 days of the next month following the end of any quarter, the OAG will determine what steps will be taken next, including placing the grant contract on financial hold or terminating the grant contract. If an OAG grant contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The OAG will not be responsible for collection efforts on behalf of the Certified Vendor. 4.3.6 Close Out Invoice GRANTEE shall submit a final invoice not later than the earlier of (1) forty -five (45) calendar days after termination of this contract; or (2) forty -five (45) calendar days after the end of each state fiscal year. 4.3.7 Refunds and Deductions. If the OAG determines that an overpayment of grant funds under this contract has occurred, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the OAG may seek a refund from GRANTEE and/or the Certified Vendor. The OAG may offset and deduct the amount of the overpayment from any amount due to be paid, but not yet paid by the OAG under this contract. The OAG may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct a specified amount. GRANTEE and /or the Certified Vendor shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. SAVNS Contract - FY 2015 Page 6 of 18 Vol. 207 Pg. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment, which shall be available to the OAG at all times upon request, however, as between the OAG and Grantee title for equipment will remain with Grantee. GRANTEE willmaintain , repair, and protect all equipment purchased in whole or in part with grant funds under this contract so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5. OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability mast be supported by a written amendment to this contract. 5.3 Payment of Authorized Costs. In accordance with the terms of this contract, the OAG will pay costs pursuant to this contract. The OAG is not obligated to pay unauthorized costs. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement orright. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, unless a written amendment to this contract if first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and /or federal) appropriated to the OAG. GRANTEE SAVNS Contract - FY 2015 Page 7 of 18 Vol. 207 Piz. �� agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program, are required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract, without recourse, liability or penalty, upon thirty (30) calendar days notice to the other ply. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by it nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7, 11 and 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6, 1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this contract is accomplished, then the OAG may require the GRANTEE and/orthe Certified Vendor to refundall or some of the grant funds paid under this contract, for the funds representing the number of months of SAVNS services previously invoiced and paid by the OAG under this contract. 6.5 Notices to Certified Vendor. Any termination of this contract will also be forwarded by the terminating party to the Certified Vendor. SECTION 7. AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that cnabic the SAVNS Contract- FY 2015 Page 8 of 18 Vol. 207 Pg. GAG to verify all reporting meansures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, GAG'S auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting meansures and requests for reimbursement. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving funds directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor(s) that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.003 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit SAVNS Contract - FY 2015 Page 9 of 18 Vol. 2137 Pg. %� Committee, GRANTEE or another entity that is the subject of an auditor investigation by the Stale Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The Slate Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office- related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8. SUBNIISSION OF INFORNIATION TO TAE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the intemet and/or a web -based data collection method. 8.1 Programmatic Reports, Notices and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, and any other reports, notices or information, except financial reports specified below, must be submitted via email to: OAG-(3rants@texasattorneYoDeneral.gov If requested or approved by the OAG, other programmatic reports may be submitted to: Program Manager — Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711 -2548 8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted SAVNS Contract - FY 2015 Page 10 of 18 Vol. 207 Pg. 95 in hard copy format to: Financial Manager— Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711 -2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@texasattomeygeneral.gov SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies in GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and /or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this contract and/or any other appropriate sanction. SAVNS Contract - FY 2015 Page I I of 18 Vol.-207 Pg. %V 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION W. GENERAL TE%MS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS). Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as contained in the Application Kit, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non - procurement debarment certification, drug -free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS and the applicable OMB circulars, return of grant funds in the event of loss or misuse, and conflict of interest 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE and Grantee shall follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, or offered to give, nor does Grantee intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. SAVNS Contract - FY 2015 Page 12 of 18 Vol. 207 Pg. 9�5 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. To the extent allowed by law, GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE OR GRANTEE's contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not SAVNS Contract - FY 2015 Page 13 of 18 Vol. 207 Pg. %�v limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. OTHER THAN AS SPECIFICALLY ALLOWED IN THIS CONTRACT IN THAT GRANTEE UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS TO THE CERTIFIED VENDOR, GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. SAVNS Contract - FY 2015 Page 14 of 18 Vol. 207 Pg_. 97 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation ") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above -named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.11 Special Conditions. Exhibit B, attached here and incorporated herein, and applicable to this contract. If any Special Conditions are imposed by the OAG, those provisions will be reflected on the attached Exhibit B. SECTION 12. CONSTRUCTION OF CONTRACT AND AdIENDNIENTS 12.1 Construction of Contract. The provisions of Section l are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including All Exhibits. This contract, including all exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties related to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Panics and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. SAVNS Contras - FY 2015 Page 15 of 18 Vol. 207 Pg. 9y ... . The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non - waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL Printed Name: Office of the Attorney General SAV NS Contract - FY 2015 Page 16 of 18 BRAZOS COUNTY Printed Name: DtIQ11F IPY5 Authorized Official Vol. 207 P . V9' - SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY EXHIBIT A Population Size: Large OAG Contract No. 1554377 The total liability of the OAG for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed the following: AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Contract - FY 2015 Page 17 of 18 Vol. 2 07 Pg. /1'' G Maximum Total Grant Funds Event Cost for Jail Cost for Courts Number of SHALL NOT Months EXCEED Standard Maintenance $23,765.16 $3,950.16 12 $27,715.32 Phase AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Contract - FY 2015 Page 17 of 18 Vol. 2 07 Pg. /1'' G SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1554377 EXHIBIT B SPECIAL CONDITIONS Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special Conditions, if any, listed in this Exhibit are met. The following Special Conditions apply to this contract: • None SAVNS Contract - FY 2015 Page 18 of 18 Vol. 207 Pg. /O / Texas Dept. Family ar .._ _ Budget for Title IV-E - - FOM 21MCNIVE c Praeave ive Se vices County Child Welfare Services Contract August 2013 'Y`Nr �! rrr77Y �y� °S � JRRSS y� County Brazos Cou ' - Child.Well Contract Number "�� I ,,239¢0058. „ Bud etENecbveDate X41 02616 ,. Pen en sc� xa Sedk EM Tofa1M c TohlMtrd iUnHyli y k.O�,I v} v , Yyi 3�y c •J chi k -'u �' mtms kg6ai,"jV 0.00 $0.00 4.1, Direct Personnel Salaries $0.00 U. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 0.00 A,4. Direct Materials and Su lies $0.00 $0.00 $0.00 A.5. Direct E ui ment $0.00 $0.00 $0.00 A.6. Direct Other Costs $200.00 52.52 147.48 Total Administration $200 00 $52 52 $147.48 B �TrAlnin �n E , s,.1 ai r a m tiyk °„ ��J u.8 °� l!_e ...1 r B.1. Title IV -E Training 75% 3,060.00 $1 205.29 $1 854.71 B.2. Title IV -E Fostering Connections Training 65% $0.00 0.00 $0.00 B.3. Non -Title IV -E Training 50% 0.00 $0.00 $0.00 Total Training $3 060 00 $1 200. $1,854.71 ...._, C.?-,supple mentahFoster;'Care MaintenancA SFGM , f,? :u`s"' d _�untt+ $23,650.00 $13,728.83 k tgKx +5s; $9,921.18 Total SFCM P.4lndirect •• . � iry 1I6YB1i,'. - �SII�^`>i -S'2 i. A..tY'.Y'Rti Indirect Cost Basel $0.00 $0.001 $0.00 fi 'lax IM1i`� l l s IGrand $8 '1 $26,910.00 $13,781.34 $10,068.66 'Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 52.518% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. ' Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses based on Federal Medicaid Assistance Percentage FMAP rate in effect during 58.05% 9 ( ) g preceding fiscal year. Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. I direct Coat Rate ' able attach a co 18.550 % . ( copy of the approved Certificate of Indirect Costs): Contractor Certification Signet a Date r Duane Peters, County Judge Printed Name 8 Tlt/e Vo1.207 Pg. 6),z- Texas Dept. or Family _ . Budget for Title IV-E Fovn 2030CWIVE and ProledwserAcee ' Au9us12013 County Child Welfare Services Contract a y43 i M< K 1 19 k^.Y x ki -_ vat ^t i 4•ti k ��tfi 3� x �%`� Adminlstiation�' �,� r.,.` ��wa, A6', reDirectOthe�Co "sts'k?f,,tfz9�,s ^p "' u County: Brazos County -Child Welfare Contract Number: 23940058 Bud et Effective Date: 10/1120149/30/2015 '�Nx PY) M (r I>•,yz„ sb ya l i�� a r Other Cts i �} , ` ai , �i a & i r'7 EatlmatW i. - x �r�,elmbu �eementa 5. +`(lfftfel abd�l:oun t.( 1�'s �I, k dew plot) %'.• �, T�o�;lt pEiipefroe• Y'-t (asllmated EPR hMch a,. I.t fII�, rr la. I ru yn� :YdI&i?�` .'x 509GjFFP)i„,M7kjE„..nnf Birth Certificates $200.00 $52.52 $147.48 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costs $200.00 $52.52 $147.48 • estimated total cost for Title IV -E related activities V r PI ref to Title IV c IF nmcc Handbook for detailed info ti reardiny allo.able ecom dommmtafiop muirmcnts, etc. hltn / /wxv'dfp§sam.tx.us/hendbuok ?/Title WE Caunn /defauaiso Vol. 207 Pg i / W M �. . a LL • V L M C W H Id � u F= � y L w w m d m3 v M v mt U T C 0 0 U 'A 4 (/j am dm 0 'o F m 01111110 7 F- tr- C„ • crZmWr m to �: D O 4a'v1i J� aaw L cc i �3F E 5 o N Cq Ca §�p��:W O U iah °ia E CD L A t2 e o .o c o y r i. °' #� U Z ? + �o� o E uns CWI t C w aft { 1 � N " YX ' E m Vol. 207 Pg. L cl W UJ H O m N U O N c 0 0 E U N m E .o w c� '-R m 3 LL Y u Y C V W m � we Y �3 mr v e 0 L) E LL N 5 3 yo 8 % 9 1- m •u i J. np�.y O p O a O p 4 WA 11 n fa :» in n e» fa 0 � � N � R Jf +', 4 p �Sr��rp�lh fA di Vol. 207 Pg. 10.5 Teas Dept. a Family Budget for Title IV -E ud Pmteatve services County Child Welfare Services Contract Form 2030CW IVE August 2013 I t+ 4 w r l) :si�f i2lll*' ., q1•$ W° 3�,IdT l A �..UUen'l:�.v' d� L YY 'I' A r f- �T 8 � �1,'i a �' C eSuupPlemeefiteljFostea Care M�aintrena ifnce (SFCM) 1,, A :I� 8 County: Brazos County -Chfld Welfare Contract Number: 23940058 Budge Effective Date: 10/1/2014- 9/30/2015 {f{ 'Y;I _: "}"'1�'"""�"' •`_ /� .ell ?; u• ., }! s' ri:y �B h vPtl�:!�4", Y :5! Y F.A'1�7 1 � 6>'+!" t # "rt'i� rwi ?ww »I& �ES}ilt tb 5th v� raix�r- FBdRI -"'%" a e r Yo-r•1 s �. nafm6utwamaM R FMAP)t� }gi +✓�'��?r iJ i[,4. MaC !A CO i': 2'! Allowances $0.00 $0.0 0 Clothin $22,000.00 $12,771.00 $9,229.00 Gifts 050.00 $145.13 $104.88 Graduation Expenses 5500.00 $290.25 $209.75 Personal Items $100.00 $58.05 $41.95 School Supplies $300.00 $174.15 $125.85 Reasonable Child Specific Travel $500.00 $290.25 $209.75 Total Direct Other Costs $23,650.00 $13,728.83 $9,921.18 estimated total cost for Title IV -E related activities N_O(C PI ICT to T"tl 1V -E Finance Handbook for deviled i f t' marl' a alloEkl dwymen(Ation i u hn '7 °•• dt'o mtet M dF kstf'tl IVE Cou ty /kEl ISO Vol. 207 Pg. /C Texas Dept. at Family Budget for Title.lV -E Foan 20300 W IVE and Protective Services - AU9W 2013 County Child Welfare Services Contract county: razos Contract Number: _ Budget Effective Date: Ill Administration 5 h` Certificates. for IV -E eliglble:children Training irises Against Children Conference, for CPS staff y - C. Supplemental Foster Care Maintenance (SFCM) Allowable expense duectly,related to the IV.-6 eligible children to include clothing, personal items, school items; day care, or travel for children,= ; D. Indirect Costs (if applicable) Vol. 207 Pg. /D7 Texas Dept. of Family Budget for Title IV -E and ProtecLve Services County Child Welfare Services Contract Vol. 207 Pg. / ') Form 2030CW IVE August2013 Texas Dept. of Family Risk Analysis Questionnaire F502 -Form 9105 and Protective Services July 2014 Legal Name of Contractor: Brazos Count Child Welfare Contract Number: 123940058 IFY 2015 Please provide the person's name, title, and Contact Name & Title: Megan Mason, Assistant Auditor number to contact for questions or if additional Fixed price is a deliverables -based payment type for a contract with a firm agreed -upon information is needed: Contact Phone Number; 979 - 361 -4352 Active Contracts & Payment Types 1. Do you currently have other active contracts with DFPS or any other entity either within or outside of Texas [Federal, State (ISD, University), County, or Private Business]? Yes ® No ❑ If yes, please provide the contract number(s) and indicate which of the following payment types is utilized for the contract: Fixed Price Fixed price is a deliverables -based payment type for a contract with a firm agreed -upon price for the delivery of goods and services. Cost Payment type that reimburses contractors for actual, allowable, reasonable, and Reimbursement necessary expenditures incurred up to an approved amount and within the associated cost categories in the approved budget and budget narrative. Contractor is paid a standard fee per unit of service. Typically, rates are either negotiated Fee For Service 'A'ith the individual vendor and apply only to that vendor or there is a uniform rate that is paid to all vendors providing the service. This rate -based payment type is used when an independent rate setting process does not exist for the contracted service. Contractor is paid a set rate per unit of service. A rate setting process where the rate is Rate-Set Payments approved by the Health and Human Services Commission (HHSC) or another agency Any other payment type not defined above. with rate setting authority. The resulting rata is applied to the purchase of specifically defined units of service. Blended Foster The blended foster care rate is the HHSC - developed rate equal to the weighted average Care Rate rate across all placement types that DFPS pays under a Single Source Continuum Contract for each day of service provided to a child or youth in paid foster care. Blended Foster The blended foster care case rate is the rate paid under a Single Source Continuum Care Case Rate Contact for each day of service provided to each child or youth as measured against an established length of stay baseline formulated by HHSC for each defined age category or "strata" of children/ ouch. Exceptional Foster An exceptional foster care rate applies to a limited numberof situations and/or days under Care Rate a Single Source Continuum Contract where a child requires extraordinary care. Day (24 hour) Usually for residential services. This is the rate paid to the provider for each 24 -hour period that a DFPS client Is in a pro I' a i�! MIEN see attached schduele of state & "federalgrants RAI Factors N2 d #5 Vol. 207 Pg. /plc vider's care. Other A Any other payment type not defined above. Pg. /plc Tows Dept. of Family Risk Analysis Questionnaire 1`502-Form 9105 and Protective services July 2014 pendent Audits Is your business entity required to undergo an independent audit? N Yes ❑ No If not, please explain: How long has it been since your last independent audit (e.g., Annual Financial Statement audit, Compliance audit) was completed by an independent auditor, including other stateifederal agencies such as the State Auditor's Office (SAO) or the Office of Inspector General (OIG)? N Within 21 Months ❑ Within 22 -34 Months N 35 Months or More ❑ No Audit Completed Describe the type of audit completed, if applicable: Programmatic & Financial audit by staff with TDFPS and annual financial statement audit by independent auditor RAI Factor N15 Related Party Transactions 4. Disclose the type of business transactions (compensated or not) that occur between your business entity and any related party. For purposes of this question, related party refers to: a) A member of the Board of Directors, b) Stockholders with >5% Ownership, c) Key Employees Paid Separately for Other Responsibilities (e.g., consulting services, not direct employees), d) Parent/Subsidiaries, or e) Organizations Under Common Ownership or Control. Transactions include business activities such as purchasing or leasing (e.g., a building, a computer, or a vehicle) and/or obtaining a service (e.g., legal services, accounting services, banking services). Non - Compensated Services ❑ Yes N No Compensated, Non - Recurring Goods, Services, or Labor ❑ Yes N No Compensated, Recurring Goods, Services or Labor ❑ Yes N No Compensated Goods, Services, or Labor w/ Uniform Rate Uniform, Set Rate that Applies to All Contracts for the Service ❑ Yes N No Compensated Consulting or Management Services ❑ Yes N No Compensated Building Leasing ❑ Yes N No Compensated Transportation ❑ Yes ®No For - Profit Affiliated with Non -Profit ❑ Yes N No Owned /Operated by Same or Related Entity ❑ Yes N No Parent/Subsidiary Relationship ❑ Yes N No RAI Factor Ntt Subcontractors 5. Indicate the percentage of work performed by subcontractors for the contracted service (as allowable by the contract). N No Subcontractor Involvement ❑ Subcontractors Account for 50% or Less of Work Performed ❑ Subcontractors Account for More than 50% of Work Performed Vol. 2 07 Pg. // U Texas Dept of Family Risk Analysis Questionnaire F502 -Form 9105 and Protective Services July 2014 FacWr#9 Management Staff For purposes of this question, key management staff may include individuals with titles such as: Executive Director, President, Sole Proprietor, Comptroller, Chief Financial Officer, Manager, or Program Director. Has there been a change in any key management staff at your business organization within the past two years? ❑ Yes ® No If Yes, has the change been within the past 12 months? ❑ Yes ❑ No 7. Indicate whether or not key management staff have at least two years' worth of experience providing fiscal or programmatic components of the contracted service. Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the service delivery side of the contract, such as ensuring that services are provided to clients, monitoring the quality of the service delivery, complying with the service provisions in the contract. Factor #7 Direct Delivery Staff Has there been a significant change in direct delivery staff at your business organization within the preceding year? ❑ Yes ® No Please indicate the average level of experience that direct delivery staff at your organization have in providing the contracted service. RN FaCtar #8 ❑ 0 - 24 months ❑ 24 - 59 months ® 60 or more months Vol. 207 Pg. /1", ❑ Less than 2 years ❑ At least 2 years ® At least 2 years Executive Director, with fiscal or with fiscal or with fiscal and Sole Proprietor, programmatic programmatic programmatic President or components of federal components of federal components of federal Equivalent and /or state contracted and /or state contracted and /or state contracted programs programs programs ❑ Less than 2 years ❑ At least 2 years ® At least 2 years Director. Accounting Director, fiscal or with fiscal or with fiscal an Comptroller, programmatic programmatic programmatic Financial Officer, components of federal components of federal components of federal Business Manager, and /or state contracted and /or state contracted and /or state contracted etc. programs programs programs ❑ Less than 2 years ❑ At least 2 years ® At least 2 years with fiscal 2 with fiscal or with fiscal an Program Director, programmatic programmatic programmatic Program Coordinator components of federal components of federal components of federal or Equivalent and /or state contracted and /or state contracted and /or state contracted programs programs programs Factor #7 Direct Delivery Staff Has there been a significant change in direct delivery staff at your business organization within the preceding year? ❑ Yes ® No Please indicate the average level of experience that direct delivery staff at your organization have in providing the contracted service. RN FaCtar #8 ❑ 0 - 24 months ❑ 24 - 59 months ® 60 or more months Vol. 207 Pg. /1", Texas Dept, of Family Risk Analysis Questionnaire F502 -Form 9105 and Protective Services July 2014 Internal Controls 10. Does your business organization have any outstanding liabilities or litigations? ❑ Yes ® No RAI Factor 010 CERTIFICATION This form must be signed by an individual with documented signature authority, as designated by the business entity. CERTIFY, TO THE arcT OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS Duane Peters Printed Name Vol. 207 Pg. //� ?/2e/14 Date County Judge 2�{ e!{ ( |! |. %$ �! !� |� !! „ „ fI !! �k '\(') }, B #Rkk «■ ; ;■ |! � � . )§ f ■• |� ! ■ - � | f } A.1 %$ �! !� |� !! „ „ fI !! �k '\(') }, B #Rkk «■ ; ;■ .7 �\ K$ §/ 2 | / )§ |� ¢� ) %|\ � .7 �\ K$ §/ 2 | / Vol. 207 P. %� #!.'! | f } A.1 ) - ! / !k!)! | |) | «� �!! !!!!!\ f� 77§ | | |2 | Vol. 207 P. %� r n N M i N AMrIRI N N /J B9 44 yy$ Ls m Li N f4 �c �`�` „sS�R 2eeeE `• = = °"3 3 g 2�2 �-rt -t- See Se y�rt� "a.aog ns Ms, as.�S C d P P P P P T P P P P 181 Vol. 207 Pg. / /`� y y � 1- F Z Z n va i 1 0 181 Vol. 207 Pg. / /`� [ ) e ■ ) , , $ ,- - � ( � fa. _ 1 §2 \ ) q / / ) ! / ! - |; � ( |� . §�■ /�■ 4 ®I�,�l -, ; ! § ;!! [ ) m Vol. 207 P. %ate _ 1 §2 \ ) q / / ) ! m Vol. 207 P. %ate Texas Debt. of Family FFATA Certifications Farm 4734 and Protective Services June 2012 The Federal Funding Accountability and Transparency Act ( FFATA) certifications enumerated below represent material facts upon which DFPS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. Did your organization complete the CCR registration? ® Yes ❑ No Enter Your Dun & Bradstreet (D &B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No ❑ N/A (if entity does not generate income) If your answer is "Yes ", skip questions "A ", "B ", and "C" and finish the certification. If your answer is "No" or N /A, answer questions "A" and "B ". A. Certification Reaardina % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Renardina Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ®No If your answer is "Yes" to both question "A" and "B ", you must answer question "C ". If your answer is "No" to either question "A" or "B ", skip question "C" and finish the certification. C. Certification Reaardina Public Access to Compensation Information. Does the public have access to information about the compensation [17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No ❑ N/A (if entity reports through some other means, state how: ) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If N /A, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. 1 of 2 Vo1.207 Pg. //(,/ Texas Dept. of Family FFATA Certifications Form 4734 and Protective Services June 2012 As the duly authorized representative (Signatory) of the Co for named below, I hereby certify that the responses that I have rovided o the tNeptions in this certification form are true, complete and correct tID tN best f my kno dge. Duane Peters Printed Name of Authorized Representative SigKature of Authorized Representative County Judge Title of Authorized Representative Date Brazos County 23940058 & 23940059 Legal Name of Contractor Contract Number 2 of 2 Vol. 207 Pg. //% Texas Dept. of Family Budget for Title IV -E Forth 2MOCLIVE and Protective Services December 2010 County Legal Services Contract ♦ i.l hCY+a, yl), '{a'e� - :JTS�Xh T�,CiErc, �b S°+t.Pyf�� r'ti. i ~�� pR WIT ryl�'��i'Gyt ' r"'±41dii..+tl0.G'aQ'c?jN ry44h RN.W�,1" w«t'"y.S. 3`�.I`Ea y s 4 a '+.»-a1: IiT e . MyI•I.Y..r a 1'i. ,•i County: Brazos Contract Number: 239400W! Budet Effecti ve Date: .10/1/2014- 9/30%2075 _ 'i f �0-:nI Y y, MOVI, fCaeoy ° Estimated TcI E e s, r'/1014 A cited �d rr xr a E YanrP# �f1TIlIeN iro-�niiM6tD�w A`i`'Adminlstratitin,f.st`'ir r; 5� '.2 MW al it E"c 1 1dk'.:,;_:;IAM. SYD'.!i� "r', a1 lu� tii A.I. Direct Personnel Salaries $17-2,13-8-0-8- S44,210.22 $127,927.86 A.2. Direct Personnel Fringe Benefits $68,965.90 $17,712.51 $51,253.3 A.3. Direct Personnel Travel $500.00 $128.421 $371.59 A.4. Direct Materials and Supplies $0.00 $0.00 $1 A.5. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $12,6-00-00 $1,491.80 $11,108.20 Total Administration $254,203.98 $63,542.95 $190,661.03 B .;Tiainin -:, ,'m"" x ; �,4a, 1 r c. ' ? i � kr $508 407 96 4: $127,.;0liC 'K %� .$381. 322[0.7 8.1. Title ME Training 75% $3,038.00 $1,170.37 $1,867.63 8.2. Title ME Fostering Connections Training 65% 0.00 $0.00 $0.00 8.3. Non -Title ME Training 50% $0.00 $0.001 $0.00 Total TraInIng $3,038.00 $1,170.37 $1,867.63 C- t!Intlirect;C "oats" If:a livable ? ? ji �:¢ ,a sh%' % QWWW r +4 � . W Total Indirect Costs "ii+ $0.00 $0.00 $0.00 ,MM i t > yi Carand Total $257,241.98 $64,713.32 $192,528.66 'Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 51.366% during 3rd quarter of the preceding fiscal year: Actual relmbursement will be based on EPR in effect for the county during the month in which expenses were incurred. 18.550% Indirect Cost Rate, If applicable (attach a copy of the approved Certificate of Indirect Costs): Contractor Certification l I Signature Date' Duane Peters County Jud e Printed Name & Title Vol.-207 Pg. 11g w EE� w V W d d F i L o N a � rnm � J m Y C 7 O ° m LL l/1 o e 3a 1FT g + a i x; y' �j, ;; 1` �s Lc) N CAD, Oi 0 f�D. * M O 0 to O 0 M O 0 fA co n '''? �.a! wi l.Si�duU f9 fA ca N ,,C+.. r r ; °,� RE 11 °a ° °� Deli ° N W 'd. N §191f Eli ffi �1 + ,(ccy��� p �Y>s Edvfi rh, C 92ti u ",d CD �+ to t0 pp 6 O O O O GO O m �I * � N to SY co CA di 6 69 h T� W , {f °t Ik �a a ni: A C) b'a1 N N �$1 N N W y tWi1iC O Ol �� � 5,4 ` p O C, —.OR Ea u s, �"..I ". ra vt to M c QR` N� Mia �1 US C �i2< �Nr �� {o y I ��µil � d ;Zu3l, Ii�y yy q�yj�yM� , kjilV+R I t x Ni l N N�' AeE IL Vol. 207 Pg. // F Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services DecemDer2070 County Legal Services Contract 'y ap e" ' � � « Ml' r re a 4 d_minlstratilions � l ' ' 1r. i * rt1 , Dleact Personnel FrUi e�„'-Een fits County. Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2014 - 9/30/2015 dtU�����,�.,i�4ik'.h'��r�.w' +.. � AnteipaUdF�deral " T Type of Fringe Benefits ' Estimated Total Expense' ReimtiwHipmept r , E�R :Anticipated .County. , '�.��� ,' ;i (ealtlffiOW ITO aK.n M y,t r rMateh d4i re __ T4_3' FICA,4.6`5 */6 172138/12 = 14345 $13168 711 $3 382.12 $9.786.591 Workers Comp - 0.35757% $615.52 $158.08 $457.44 Retirement 14.00% $24099.60 $6189.50 $17910.10 Medical 8 Life Insurance $10;332 erson /annual $30 996 00 $7,960.70 $23,035.30 Unemployment - 0.6% $86.07 $22.11 $63.96 $0.00 $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0 0 Total Direct Personnel Fringe Benefits $68,965.901 $17,712.51 $51,253.39 'estimated total cost for Title IV -E related activities Note: Please refer to Title TWE Finance Handbook for detailed information regarding allowable expenses, documentation reouirements etc http://www.dfbs.state.tx.usibandbooks(Title M County /default.*sD Vol. 207 Piz. /,�-D Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract r= n .v tlrz �Fr*9 4 M1,10 + n w s �.m 4 +. rf;a� i. 5 y 1ti{gt 91' \ ? +pdmmistration...�yjy�� 1. i k 1 K it £' �!r[:31.11iw'i G("1A }. +t }, .� . ,?9'�,.i9xn l�i �", ij� F�!7'�j !13; Dlrect.P.ereonnel rT[avef'� J� 1 {� d 4 Y..,j} County: Brazos Contract Number: 23940059 Budge Effective Date: 10/1/2014 - 9/30/2015 r' aw ti's Type�o }Trevel:Expenstl Ink , N�e oknlyincliidet reletedlto,pelrsonn4l�� ! ,, � ' training �� ,i"�'��r.?.:a..�o-m�it��tsel,��" +r�Anticip�9�edsF�°.derey� I I � l ,l +�' Rr .,nx9n r.. InbTotslExpense'4� Reimburttarnent � a �"°'(estimatdcIMPR n eR�s .,nx.50X ?FFB ',u�'"'�vi�3ka'��.�'F MtleipatedCou. s. grAAatohY yri Milea a to & from court location):' $500:00 $128.42 $371.59 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Personnel Travail $500.001 $128.421 $371.59 'estimated total cost for Title IV -E related activities Note Please refer to Title IV- Finance Handbook for detailed information reeardinu allowable expenses documentation rectiincringnts. etc http / /www dfps state tx us /handbooks/Title IVE County /default n Please refer to the Texas State Comptroller's office for current mileage rates. https://Imx.apa.state.tx.us/fmxttraveVtextravel/trans/personal. pho 51.37% 18.55% Vol. 207 Pg. 1,21 Texas Dept. of Famlly Budget for Title IV -E Form 2030CLIVE and Protecflve Services December 2010 County Legal Services Contract A. { � � e „t . �i,!'Administfatl6h ;:�. "tai f w Aaxi°i.�i.r;r,;y� k' +'las �,. rw°T.ar �^a+, .e4 r ^A..: t r 1 tY' ! '�" { b , s3 x�c -# S.. ♦ !i A ka 11p `R. r iH , . � yyF v .it?, x?'', '.it` 6 t .hw k� 'n'IS7i.X. F.. -i .A.6 .�ireC.t.OtMei Coata .9". z_rr . , 'uk 9� k .4'. ,. County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2014 - 9/30/2015 t1 art. ',� ls,�• �,ta; ya` trr�3.'.#.il q3,�!}°, ING ,lQfrillU i, ,iwt,r Tie+. s a "* ,'r .: , v ° ';Anticl ated rat'ii i. r ,; Oth84,Cps�tsk idfy ant„ lEstlmat�ed z �elrurdement� ,f Anticipated County ; �,.,i.,,,, 1 s, (descnxpUan ,� ,.. 1xu' Sa 'tA ti�ifA i Fi 1lTOtalEipanse�, 4 Xr 7r �s(eattttgtedEPR >" F eM,. rl Match k x1 .,tL I f Court Reporter Transcripts $1;000.60 $256.83 $743.17 Citation Of Publication `$500.00 $128.42 $371.59 Publications based on libra, ex s divided bV 16 1 000.00 $256.83 $743.17 Commercial co"ln of records $300.00 $77.05 $222.95 Ex eit Witnesses 300.00 $77.05 $222.95 Inte tin . $2 000.00 $0.00 $2,000.00 Mediation Fees $7,500.00 $695.63 $6,804.38 Total Direct Other Costal $12,600.001 $1,491.801 $11,108.20 .estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information re arding allowable expenses, documentation reguiremencs -etc htto://* Nvwdfgs .state.tx.us/handbooks/fitle IVE Coin /default.is 51.37% 19.55% Vol. 207 Pg. 6Z,7— c LLI 0 0 (n U)m O 'A o fi gQ Vol.-207 Pg. 5� O aV O co 0 E N c M, It C\l N Q) 0 60 0 0 V9 0 6R 0 0 69 C, 0 V) C', P, (D co 69 69 ew co cq rl rl r-� a a 6 0 0 6 V% 0 a 6 C4 0 o 6 69 0 0 6 69 0 o 6 60> 6 rl Q (D Ln I 60 b 11 lys, 4 0 O to 0 69 C3 w 0 m a two 0 MW 00000000 0 0 0 0 (19 00 cn 0 40 CV 69 17. lq C/) C\j N N O i CL 60 bs 7E 0 'D (D 0 o C) 0 06 co C\j U) LO 0 0 -4 N O N E 0 C5 Q 6 C) C M m �(D 0 Lo AIN— i,it 69 INC — 'o m, O 0 1, �jm M LO CD 0 Q Z3 21 (D (n Iq U) T 0 10 j.-C C� IR U- LL ell, z < L) Vol.-207 Pg. 5� O aV O co 0 E N Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protedive Services Dacember2010 County Legal Services Contract f i' ,F M a liV' -y 1 r r.!t ! fr. �t �L'Y {i ' 1r 1 u�1,�,'tGr�.l 5' "F`t� !� I t� L $���y,� !'V' ,� i ! � p+ ps �S iiii a n. � N jl� � is* IBudget°Nacrative '"�z�f , �y �' 1 aY. x r i _,.'Swa,,;."T,•x a ,.it! i 9.w"a5�itl'•xkz v .:r V:-y Si'- -r1't. County: Brazos Contract Number: 23940059 Budget Effective Date: 23940059 Clearly describe each expense to be incurred and billed to this contract, including justification for expense. Refer to Titie R' -E Finance Handbook for detailed information regarding allowable expenses documentation requirements. etc. bttp,//www.dfbs.s A. Administration A.1. Direct Personnel Salaries Salary 6peses for all personnel directly worfting on cases related toTme IWE children, allocated by time spent s A.2. Direct Personnel Fringe Benefits Benefit expenses for all personnel directly workign on cases related to Title N-E children, allocated by time spent A.3. Direct Personnel Travel Mileage to and from court locations that are not located in the courthouse - A.4. Direct Materials and Supplies A.S. Direct Equipment A.6, Direct Other Costs Court Cost expenses directly: }elated to Tltle IV -E children cases B. Training 13.1. Title IV -E Training 175 %) Advanced Family LAW Conference and Crimes Against Children conference B.2. Title IV -F Fostering Connections Training (65 %) 6.3. Non -Title ME Training (50 %) Vol. 207 Pg. /.�� Texas Dept. of Family Budget for Title IV -E and Protective Services County Legal Services Contract Indirect Costs (if applicable) Vol. 207 P . ��� Form 203DCLIVE Deeemeef 2010 Texas Dept. of Family and Protective SerAces Risk Analysis Questionnaire F502-Form 9105 July 2014 Le al Name of Contractor: Brazos County (Legal) Contract Number: 123940059 FY 2015 Please provide the person's name, title, and Contact Name & Title: Megan Mason, Assistant Auditor number to contact for questions or it additional I information is needed: Contact Phone Number: 979 - 361 -4352 Active Contracts & Payment Types 1. Do you currently have other active contracts with DFPS or any other entity either within or outside of Texas (Federal, State (ISD, University), County, or Private Business)? Yes ® No ❑ If yes, please provide the contract numbers) and indicate which of the following payment types is utilized for the contract: Fixed Price Fixed price is a deliverables -based payment type for a contract with a firm agreed -upon pdce for the delivery of goods and services. Coat Payment type that reimburses contractors for actual, allowable, reasonable, and Reimbursement necessary expenditures incurred up to an approved amount and within the associated cost categories in the approved budget and budget narrative. Contractor is paid a standard fee per unit of service. Typically, rates are either negotiated Fee For Service with the individual vendor and apply only to that vendor or there is a uniform rate that is paid to ail vendors providing the service. This rate -based payment type is used when an independent rate setting process does not exist for the contracted service. Contractor is paid a set rate per unit of service. A rate setting process where the rate is Rate Set Payments approved by the Health and Human Services Commission (HHSC) or another agency with rate setting authority. The resulting rate is applied to the purchase of specifically defined units of service. Blended Foster The blended foster care rate is the HHSC - developed rate equal to the weighted average Care Rate rate across all placement types that DFPS pays under a Single Source Continuum Contract for each day of service provided to a child or youth in paid foster care. The blended foster care case rate is the rate paid under a Single Source Continuum Blended Foster Contract for each day of service provided to each child or youth as measured against an Cara Case Rate established length of stay baseline formulated by HHSC for each defined age category or "strata" of children! outh. Exceptional Foster An exceptional foster care rate applies to a limited number of situations andlor days under Care Rate a Single Source Continuum Contract where a child requires extraordinary care. Day (24 hour) Usually for residential services. This is the rate paid to the provider for each 24 -hour period that a DFPS client is in a provider's care. Other Any other payment type not defined above. RAI Faclon 02 & a5 federal grants Vol. 207 Pg. /e2� Texas Dept. of Family Risk Analysis Questionnaire F502 -Form 9105 and ProtecOve services July 2014 Independent Audits 2. Is your business entity required to undergo an independent audit? ® Yes ❑ No If not, please explain: 3. How long has it been since your last independent audit (e.g., Annual Financial Statement audit, Compliance audit) was completed by an independent auditor, including other state/federal agencies such as the State Auditors Office (SAO) or the Office of Inspector General (OIG)? ® Within 21 Months ❑ Within 22.34 Months ® 35 Months or More ❑ No Audit Completed Describe the type of audit completed, if applicable: Programmatic & Financial audit by staff with TDFPS and annual financial statement audit by independent auditor RAI Factor #15 Related Party Transactions 4. Disclose the type of business transactions (compensated or not) that occur between your business entity and any related party. For purposes of this question, related party refers to: a) A member of the Board of Directors, b) Stockholders with >5% Ownership, c) Key Employees Paid Separately for Other Responsibilities (e.g., consulting services, not direct employees), d) Parent/Subsidiaries, or e) Organizations Under Common Ownership or Control. Transactions include business activities such as purchasing or leasing (e.g., a building, a computer, or a vehicle) and /or obtaining a service (e.g., legal services, accounting services, banking services). Non - Compensated Services ❑ Yes ® No Compensated, Non - Recurring Goods, Services, or Labor ❑ Yes ® No Compensated, Recurring Goods, Services or Labor ❑ Yes ®No Compensated Goods, Services, or Labor w/ Uniform Rate Uniform, Set Rate that Applies to All Contracts for the Service ❑ Yes ® No Compensated Consulting or Management Services ❑ Yes ®No Compensated Building Leasing ❑ Yes ® No Compensated Transportation ❑ Yes ®No For - Profit Affiliated with Non - Profit ❑ Yes ®No Owned /Operated by Same or Related Entity ❑ Yes ® No Parent/Subsidiary Relationship ❑Yes ®No Factor #11 Indicate the percentage of work performed by subcontractors for the contracted service (as allowable by the contract). ® No Subcontractor Involvement ❑ Subcontractors Account for 50% or Less of Work Performed ❑ Subcontractors Account for More than 50% of Work Performed Vol. 207 Piz. 4�7-17 Texas Dept. of Family Risk Analysis Questionnaire F502-Form 9105 and Protective Services July 2014 RN Factor Ma Key Management Staff For purposes of this question, key management staff may include individuals with titles such as: Executive Director, President, Sole Proprietor, Comptroller, Chief Financial Officer, Manager, or Program Director. 6. Has there been a change in any key management staff at your business organization within the past two years? ❑ Yes ® No If Yes, has the change been within the past 12 months? ❑ Yes ❑ No 7. Indicate whether or not key management staff have at least two years' worth of experience providing fiscal or programmatic components of the contracted service. Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the service delivery side of the contract, such as ensuring that services are provided to clients, monitoring the quality of the service delivery, complying with the service provisions in the contract. RAI Factor N7 Direct Delivery Staff Has there been a significant change in direct delivery staff at your business organization within the preceding year? ❑ Yes ® No Please indicate the average level of experience that direct delivery staff at your organization have in providing the contracted service. Factor 4a ❑ 0 - 24 months ❑ 24-59 months ® 60 or more months Vol. 207 Pg. 1 ,2J� ❑ Less than 2 years ❑ At least 2 years ® At least 2 years Executive Director, with fiscal or with fiscal or with fiscal and Sole Proprietor, programmatic programmatic programmatic President or components of federal components of federal components of federal Equivalent and /or state contracted and /or state contracted and/or state contracted programs programs programs C1 Less than 2 years ❑ At least 2 years ® At least 2 years Accounting Director, Comptroller, Chief with fiscal or with fiscal or with fiscal an Financial Officer, programmatic programmatic programmatic Business Manager, components of federal components of federal components of federal etc. and/or state contracted and /or state contracted and/or state contracted programs programs programs ❑ Less than 2 years ❑ At least 2 years ® At least 2 years Program Director, with fiscal gr with fiscal or with fiscal ar Program Coordinator programmatic programmatic programmatic or Equivalent components of federal components of federal components of federal and /or slate contracted and/or state contracted and /or state contracted programs programs programs RAI Factor N7 Direct Delivery Staff Has there been a significant change in direct delivery staff at your business organization within the preceding year? ❑ Yes ® No Please indicate the average level of experience that direct delivery staff at your organization have in providing the contracted service. Factor 4a ❑ 0 - 24 months ❑ 24-59 months ® 60 or more months Vol. 207 Pg. 1 ,2J� Texas Dept. of Family Risk Analysis Questionnaire F502•Form 9105 and Protective Services July 2014 Internal Controls 10. Does your business organization have any outstanding liabilities or litigations? [:)Yes ® No RAI Factor Y10 CERTIFICATION This tone must be signed by an individual with documented signature authority, as designated by the business entity. I HEREBY CERTIFY, TO THE E� EST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS TRUE?e6RB€CT, AND CgMPLETE--, Duane Peters Printed Name Vol. 207 Pe. /A9 'Date � County Judge CONTRACT FOR RESIDENTIAL SERVICES GRAYSON COUNTY DEPARTMENT OF JUVENILE SERVICES This Agreement is made by and entered into and between Grayson County, Texas, acting through the Grayson County Juvenile Board, by its duly authorized representative, and Brazos County Texas, acting through the Brazos County Juvenile Board by its duly authorized Chairman or its representative. WITNESSETH WHEREAS, Grayson County, Texas, and the Grayson County Juvenile Board operate the Cooke, Fannin and Grayson County Pre -and Post- Adjudication Facility (hereinafter referred to as Facility); and WHEREAS, Brazos County in order to carry out and conduct its juvenile program in accordance with the Texas Family Code, Title 3, Juvenile Justice Code, has need of the use of the Facility located in Grayson County, Texas and operated under the authority of the Grayson County Juvenile Board to house and maintain children (hereinafter referred to as child or client or student) of juvenile age, for pre - or post - adjudication confinement; and, WHEREAS, Grayson County desires to make the Facility available to Brazos County for such use and purpose, and Brazos County desires to contract for the use of said Facility; and WHEREAS, the parties are political subdivisions of the State of Texas authorized to enter into an Interlocal Cooperation Agreement for such pre- or post - adjudication services pursuant to Chapter 791 of the Government Code (Tex. Rev. Civ. Stat.). NOW, THEREFORE, in consideration of the mutual agreements, promises and covenants herein contained, the parties agree as follows: I. TERM The term of this agreement shall be from the effective date of September 1, 2014 to August 31, 2015. It may thereafter be renewed annually at the discretion of Grayson County Juvenile Board upon notice to the Brazos County Juvenile Board. Page I of I I Vol. 207 Pg. /3 1 II. FACILITY GOALS Facility has established the following as its goals in serving clients: 1. The child shall attend academic classes five (5) hours per day while Sherman ISD is in session covering the core courses at the students assigned grade level; 2. The child shall receive life skills training, which may include: MRTV, Fatherhood or anger management five (5) hours per week through departmental staff; 3. The child shall receive weekly substance abuse education, group counseling or social skills training; as determined by a jointly agreed upon case plan; 4. The child shall complete community service restitution projects as assigned; 5. The child shall be involved in physical training activities that are centered around stamina and strength; and, 6. The child will receive case management services including case plan, treatment teams when required and aftercare planning. III. FACILITY OBLIGATIONS Facility shall provide the following to achieve the stated goals: 1. Clients will receive a highly structured level of supervision as reflected by, at a minimum, documented 15 minute room checks and direct monitoring or supervision in all programming. 2. A written Individualized Case Plan shall be developed by the appropriate facility staff in concert with the child, parent and /or court officer. 3. Routine medical and dental services as determined in this written Agreement. 4. Structured and supervised physical training activities. 5. Access to free, appropriate public education and related services through the Sherman Independent School district in Grayson County and within guidelines set by State and Federal law. 6. Therapeutic intervention within the milieu designed to improve the child's functioning. 7. Formalized behavior programs and therapeutic interventions implemented by professional and paraprofessional staff under the direct supervision of Page 2 of I I Vol. 207 Pg. /3/ professional staff. 6. Conformance to all applicable standards set forth by the Texas Juvenile Justice Department (TJJD) for the operation of secure post- adjudication facilities. 9. A staff -to -child ratio as governed by TJJD certification standards. 10. Procedures ensuring the child is not released to any person or agency other than Brazos County. IV. EXAMINATION OF PROGRAM AND RECORDS The Facility agrees that Brazos County may examine and evaluate its program of services provided under the terms of this contract and review the Facility records relating to Brazos County clients. This examination, evaluation and review may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Facility and the child. The facility has been duly inspected and certified as being suitable for post - adjudication of juveniles by the Grayson County Juvenile Board and the Board has approved the programs, policies and procedures under which the facility is managed. The facility is registered and monitored by the Texas Juvenile Justice Department, The Facility agrees to maintain and make available for inspection, audit or reproduction books, documents and other evidence pertaining to the cost and expenses of this contract, hereinafter called the Records, by an authorized representative of Brazos County and /or the State of Texas. The Facility agrees to maintain these Records for three (3) years after final payment or until the State - approved audit has been made and all questions therefrom are resolved. V. CERTIFICATE OF ELIGIBILITY TO RECEIVE STATE FUNDS Under Section 231.006, Family Code, Grayson County certifies that it is not ineligible to receive state grants or loans and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Facility shall adhere to all applicable state and federal laws and regulations pertinent to the Facility's provision of services. The Facility shall account separately for the receipt and expenditure of any and Page 3 of I l Vol. 207 Pg. /3,2 all funds received under this contract. VI. PRIVATE SERVICE PROVIDERS In any contract with a private service provider to provide services to the clients under this contract Grayson County will require, in accordance with Texas Human Resource Code, Sec. 141.050(a), such contract to include, (1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives; (2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and (3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract. Grayson County will also use data relating to the performance of private service providers in prior contracts as a factor in selecting any providers to receive contracts to provide service to Clients. VII. COMPENSATION Grayson County shall charge a daily contract rate to Brazos County which is determined by the Texas Juvenile Justice Department residential reimbursement program. The current FY2015 contract rate for all services is as follows: TYPE OF SERVICE FY2015 CONTRACT RATE Standard Residential (Pre - Adjudication 8 Post) General 5103.00 Specialized Residential 5148.00 Psychiatric Medical Review COST Psychological Counseling 572.00 hr. individual 528.00 hr. gro u Psychological Full Battery) 5600.00 LPC Psycholoqical Evaluation $275.00 Medical Services COST Dental Services COST In no event, however, shall the monthly FY 2015 contract rate cost to Brazos County exceed Grayson County, s actual cost per day per child in operating the Facility. Brazos County agrees to pay Grayson County the monthly FY 2015 contract rate cost from current revenues. The Grayson County Department of Juvenile Services shall submit an invoice to Brazos County within ten (10) days after each billing period. Brazos County agrees to submit payment to: Page 4 of I 1 Vol.-207 Pg. /3.� Grayson County Department of Juvenile Services 86 Dyess Denison, Texas 75020 All payments are due within thirty (30) days after receipt of the invoice VIII. EMERGENCY MEDICAL, DENTAL OR PSYCHOLOGICAL TREATMENT OF CHILD Brazos County and Grayson County agree that if emergency examination, hospitalization and /or treatment outside the Facility is required for a child placed in the facility by Brazos County the administrator or designee of the facility is authorized to secure such emergency examination, hospitalization and /or treatment at the expense of Brazos County Brazos County agrees to promptly pay for any and all emergency examinations, hospitalization, psychiatric, and/or psychological treatment including medications directly to Grayson County for such care. Brazos County agrees subject to the Texas Tort Claims Act, to indemnify and hold harmless the Facility, Grayson County, its officials and employees, for any liability or for charges incurred for emergency medical examination, hospitalization and /or psychological treatment required for a child placed in the Facility. The Facility administrator shall notify Brazos County of such an emergency within 24 (twenty -four) hours of its occurrence or as soon thereafter as practical, but in no event later than three (3) working days. IX. PLACEMENT OF CHILDREN Prior to transporting a child to the Facility for placement Brazos County officials requiring and authorizing placement shall secure from the Facility a written letter of acceptance regarding said child. Placement of a child from Brazos County may be denied if (1) the child is found not to be suitable for placement in the facility or (2) space limitations do not permit such placement as may be determined in the sole judgment of the Facility Administrator. Children from Brazos County who are adjudicated in accordance with the provision of the Texas Family Code, Title 3, Juvenile Justice Code, shall be admitted to the Facility only under authority of the Juvenile Court of Brazos County or its designated official. A certified copy of the Adjudication and Disposition Order must be delivered to the Facility prior to or contemporaneous with the child' s admission. No child admitted to the Facility under this agreement shall be detained in violation of any state or federal law. Grayson County hereby notifies Brazos County and its officials, agents and employees, that Grayson County fully complies with the mandates of the Federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended 1977, 1980, 1984, in regard to the detention of status offenders as that Page i of I I Vol. 207 Pg. phrase is commonly understood. No child will be admitted or detained in the Facility if the detention is based solely on that child being a status offender. Brazos County is solely responsible for the transportation of any child placed at the Facility unless prior arrangements are made with Grayson County. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as determined by the administrator and staff of the Facility. The Grayson County Juvenile Board agrees that the Facility will accept any child qualified hereunder to be admitted, without regard to such child, s religion, race, creed, color, sex, or national origin. If a child is accepted by the Facility from Brazos County and such child thereafter is found to be, in the sole judgment of the Grayson County Facility administrator, mentally unfit, dangerous, or unmanageable and /or whose mental or physical condition could or might endanger other occupants, including but not limited to the staff or other residents of the Facility, the administrator shall, upon notification to the Brazos County Juvenile Court Judge or designated juvenile official, have said child immediately removed and transported from the Facility by a juvenile probation officer, detention officer or transport officer of Brazos County. If Brazos County fails to remove such child within 24 hours of said notification, Grayson County shall transport said child to the Brazos County Juvenile Court Judge or designated juvenile official and Brazos County shall reimburse Grayson County for such at the rate of $25.00 per hour of time spent in transport, including but not limited to the return trip and actual time spent in Brazos County plus mileage at the highest current rate allowed under Texas state law for reimbursement to state employees. It is agreed by the parties hereto that children placed in the Facility under the proper order of a court exercising juvenile jurisdiction in Brazos County shall remain detained therein except that the staff of either the Facility or the Brazos County Juvenile Department may have the child participate in community activities. It is expressly understood and agreed by the parties that the Juvenile Court of Grayson County, Texas shall not exercise any direct authority over a child placed at the Facility pursuant to this agreement. It is agreed by the parties hereto that nothing in this contract shall be construed to permit Brazos County, its agents, officials or employees in any way to manage, control, direct or instruct the Cooke, Fannin and Grayson County Juvenile Facility, its agents, officials or employees in any manner respecting. any of their work duties or functions pertaining to the maintenance and operation of the Facility. Brazos County warrants that all children placed in the Facility have been legally committed under state and /or federal law. Page 6 of 11 Vo1.207 Pg. /�5� X. STATE AUDITOR'S REVIEW 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 Contractor and the requirement to cooperate is included in any subcontract it awards. XI. DEFAULT Either party to this agreement may, by written notice of default to the defaulting party's Juvenile Board Chairman through certified mail return receipt requested, terminate in whole this Agreement prior to the end of the term if the defaulting party fails to perform any provisions called for by this Agreement. The defaulting county shall have the right to cure such default within ten (10) days of notice of such failure or as extended by written authorization of the non - defaulting county. XII. TERMINATION Notwithstanding any other provision in this contract, either Grayson County or Brazos County may terminate the contract by notifying the other parry in writing at the addresses specified herein for delivery of notices, by certified mail, return receipt requested or by personal delivery at said addresses of the terminating party, s intention to terminate the contract thirty (30) calendar days after receipt of notice. At the end of the 30-day period, this contract shall terminate and become null and void and be of no further force or effect. After receipt of notice of termination, Brazos County shall remove all children placed in the Facility on or before the termination date. No child shall be accepted by the Facility after receipt of said notice. XIII. NOTICES All notices, demands, or other writings may be delivered by either party hereto to the other by certified mail, return receipt requested or other reliable courier at the following addresses: Page 7 of 11 Vol. 207 Pg. /3� To Grayson County: Grayson County Department of Juvenile Services ATTN: Bill C. Bristow 86 Dyess Denison, Texas 75020 To Brazos County: Chief Doug Vance Juvenile Probation Department 1904 W SH21 Bryan, TX 77803 -1217 The addresses to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. XIV. OFFICIALS NOT TO BENEFIT No official, member, or employee of Grayson County or Brazos County and no member of their governmental bodies, and no other public officials of the Grayson County Juvenile Board or the Brazos County Juvenile Board who exercise any function or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest and shall not have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. No member of or Delegate to the Congress of the United States of America, no Resident Commissioner, or official of the State of Texas shall be allowed any share or part of this contract, or any benefit that may arise therefrom. The Grayson County Juvenile Board agrees to insert this clause OFFICIALS NOT TO BENEFIT into all subcontracts entered into in the performance of the work assigned by this agreement. XV. VENUE The law of the State of Texas shall govern this agreement and venue of any dispute or matter arising under this agreement shall lie in Grayson County, Texas. XVI. INTERPRETATION OF CONTRACT This contract supersedes all previous agreements and contracts between the parties for these purposes. Said previous contracts shall terminate, become null and Page 8 of 11 Vol. 207 Pg. 1.37 void, and be of no further force or effect on the effective date of this contract. In the event that any provision of this contact shall be held illegal or unenforceable, such provision shall be severed and shall be null and void, but the balance of the agreement shall continue in full force and effect. This agreement this date executed is made by and between the parties hereto; it being declared the intention of the parties hereto that the above and foregoing contract is a contract providing for the (1) care of juveniles who have been adjudicated in accordance with the provisions of the Juvenile Justice Code,. Title 3, and (2) payment for such care by Brazos County for such juveniles placed in the Facility by the Judge of Brazos County exercising juvenile jurisdiction. The undersigned officer and /or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless Brazos County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts of omission or commission of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to Brazos County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action of the threat thereof. XVIII. WAIVER OF SUBROGATION PROVIDER expressly waives any and all rights it may have to subrogation for any claims or rights of its employees, agents, owners, officers, or subcontractors against COUNTY. PROVIDER also waives any rights it may have to indemnification from COUNTY. Page 9 of 11 Vol. 207 Pg. /-;v XVIII. SOVEREIGN IMMUNITY This contract is expressly made subject to 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 contract is in any way intended to constitute a waiver or any immunities from suit or from liability that COUNTY has by operation of law. XIX. INSURANCE PROVIDER SHALL carries sufficient insurance to provide protection to COUNTY under the indemnity provisions, as well as for any potential liabilities that arise from or related to this contract. PROVIDER shall provide a Certificate of Insurance (accord form 25 05/2010) naming Brazos County as Certificate Holder. XX. PRISON RAPE ELIMATION ACT The Facility 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. Executed in duplicate originals this --t— day of I 2014. GRAYSON COUNTY Department of Juvenile Service Bill C. Bristow, LMSW-A Director Date: I Is bq Brazos County Juvenile Probation Department 4 Q'V'q ZO`1 Douglas Van O/ -1 Vance, Ph.D. Director Date: Page 10 of 11 Vol. 207 Piz. 1-3'% Brazos County Commjasiorwrs Court Duane Peters, County Judge — Chairman, Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979 -361 -4102 Fax: 979 -361 -4503 Date: Sbs,&�4 Pagel 1 of 11 Vol. 207 Pg. /42�1 CAMERON COUNTY JUVENILE PROBATION 0 Brazos County Juvenile FY 2015 Contract # JUV2015 -28 Vol. 207 Pg. 41-1 CONTRACT NO. JUV2015 -28 FOR FOR RESIDENTIAL SERVICES STATE OF TEXAS COUNTY OF CAMERON CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT Amador R. Rodriguez Juvenile Boot Camp and Educational Center Term: September I, 2014 — August 31, 2015 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation" and the Cameron County Juvenile Justice Department a governmental entity licensed to provide child care services by the Texas Juvenile Justice Department ("Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Brazos County Juvenile Probation with residential care for children alleged or 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 2330 W. Highway 77, San Benito, Texas 78586. The business office address of the Service Provider is P.O. Box 1640, San Benito Texas 78586. All notices to Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W. SH21, Bryan Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. ARTICLE 11 TERM 2.01 The term of this Agreement is for twelve months, commencing September 1, 2014 and ending August 31, 2015. It shall be automatically renewed for one year terms thereafter, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term of its intention not to renew this agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Brazos County and are pending on the termination date in section 2.01 above, have been performed. Under this agreement, Brazos County Juvenile Probation Department may refer juveniles in need of the Ninety (90) day Pride Attitude and Motivation Program (PAM) or the standard one - hundred eighty day (180) program. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: Vol. 207 Pg. / ` /Z A. Basic Level I. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every -day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or 2. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level 1. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or 2. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social reladonships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts, Any and all costs associated with off- campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff, and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Juvenile Probation Officer within ten (10) working days. D. Ensure that the child's parents) or legal guardian(s), and Juvenile Probation, and specifically the Juvenile Probation Officer are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident, The Juvenile Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be Page 2 of 17 Vol. 207 Pu. /�� notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to the Juvenile Probation Officer a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Juvenile Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shalt specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Juvenile Probation Officer with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parcnt(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance, or Medicaid coverage. However, in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. Page 3 of 17 Vo1.207 Pg. /�� 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 evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 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 placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. Page 4 of 17 Vol. 207 Pg. /5 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 Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above- mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its fiscal or designated official. This fee shalt include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. For services rendered under this agreement, Brazos County Juvenile Probation Department shall pay the sum of Ninety -Five ($95.00) Dollars per day per child for each day juveniles are placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Medical: Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center ( ARJBCEC) and to pay for emergency examinations, treatments, and hospitalizations in the event the child's medical insurance does not cover the cost. The ARJBCEC shall notify Brazos County Juvenile Probation Department of any emergency or medical condition requiring medical care within one (1) regular working day of its occurrence. 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 within 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: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. Payments shall be made within ten (10) working days after receipt. Payment shall be made to Cameron County Juvenile Probation Department, P.O. Box 1690, San Benito Texas 78586. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for Page 5 of 17 Vol. 207 Pg. /V( children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMENATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement andlor to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview, and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents, or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. Page 6 of 17 Vol. 207 Pg. /�l% 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE 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 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty -Four (24) hours from the time the allegation is made, to the following: I. Local law enforcement agency (not required for serious incidents); and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Juvenile Probation at facsimile number 979.823 -4211, Attention: Chief Douglas Vance. B. For allegations and incidents of sexual abuse or serious physical abuse: Local law enforcement agency immediately, but no later than one (l) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law Page 7 of 17 Vol. 207 Pg. /'6 enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1- 877 - 786 -7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1- 512.424 -6717 or by email; and C. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979 -823- 4211, Attention: Chief Douglas Vance. 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, Ieams of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault, or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non - contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect, or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic, or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post - adjudication secure correctional facility required to be certified in accordance with Page 8 of 17 Vol. 207 Pg. /d5' the Texas Family Code; and a public or private non - secure juvenile post - adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and ajuvenile probation department. ARTICLE VIII -A PRISON RAPE ELIMINATION ACT 8 -A.01 Service Provider shall adopt and comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provisions 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 JPO 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§ 1 I5.387(e) and (f)]. Furthermore, Service Provider shall be responsible for the financial cost associated with any PREA audit. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, intems, volunteers, or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that fingerprint -based searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed within two years prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010. 9.02 Service providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Page 9 of 17 Vol. 207 Pg. % i� Service providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Brazos County with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; intemet -based searches shall not be used to conduct this background search. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later. duration of the individual's employment or period of service; minimum of three (3) years; or until eny pending litigation, claim, audit or review, and all questions arising there from have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; B. A current felony deferred adjudication, probation or parole; C. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; D. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; E. A current jail able misdemeanor deferred adjudication, probation or parole; or F. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.06 fn addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. Page 10 of 17 Vol. 207 Pg. /J7 9.07 Any of Service Provider's employees, intems, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. 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 Service Provider, or against its employees, intents, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in ajuvenile justice facility or juvenile justice program; C. Any arrest or current criminal indictment of any employee, intem, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and/or investigations of abuse, neglect, exploitation, death or other serious incidents involving a juvenile placed by Juvenile Probation in the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator; The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants juveniles in a juvenile justice facility disqualifying criminal history. that have direct unsupervised contact with or juvenile justice program that have a Page l l or 17 Vol. 207 Pg. �5,� 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility orjuvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XM OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XfV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any pan of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. Page 12 of 17 Vol.-207 Pg. �S? 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII 17.01 It is further agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos' County 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 Juvenile Probation hits by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Page 13 of 17 Vol. 207 Pg. %S� ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carrier to identify Juvenile Probation as a certificate holder on its policy, and will add the Brazos County Juvenile Board as additional insured on its policy; D. That all of its employees, intems, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices /facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Einployees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Cameron County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. Page 14 of 17 Vo1.207 Pg. -15- -5 ARTICLE XX[I ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by . Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation's Policies, and Texas Juvenile Justice Department standards pertinent to services provided under this Agreement. Page 15 of 17 Vol. 207 Pg. / 5� 22.10 Under Section 23t.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting, and auditing of such funds. ARTICLE XXIII LEGAL CONSTRUCTION 23.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to he 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 XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. ARTICLE XXV AMENDMENTS 25.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Page 16 of 17 Vol. 207 Pg. /J M1i 2014, FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Brazos County Commissioners Court Cameron County Juvenile Justice Dept. By: ` By: Duane Peters, County Judge Chairman, Brazos County Juvenile Board 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979 -361 -4102 Fax: 979 -361 -4503 Doug Vance, Ph.D. Chief Juvenile Probation Officer Brazos County Juvenile Services Page 17 of 17 HON. JANET LEAL, Chairperson Cameron County Juvenile Board Tommy Ramirez Chief Juvenile Probation Officer Cameron County Juvenile Probation Department Vol. 207 Pg. 2ilt STATE OF TEXAS Iq § COUNTY OF BRAZOS § Glen Mills Residential Services September 1.2014 — August 31, 2015 This Agreement is entered into by and between the Brazos County Juvenile Board, at the request of and an behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation ") and Glen Mills, licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Juvenile Justice Department, and /or any other appropriate'State agency with licensure or regulatory authority over this facility ( "Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for child alleged or adjudicated to have committed delinquent conduct or Conduct indicating a need for supervision. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2014, and ending August 31, 2015. It shall be automatically renewed for one year terms thereafter, commencing September 1" and ending August 31 ", unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ATRICLE III SERVICES 3.01 Service Provider will perform the following services: A. Provide basis residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contracts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. 1 Vol. 207 Pg. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Placement Supervisor within ten (10) working days. D. Ensure that the child's parents(s) or legal guardian(s), Juvenile Probation, and specifically the Placement Supervisor are notified If a child In placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Department Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation's Placement Supervisor a written individual Treatment /Care 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 /Care Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. Initiate and document meetings to review the individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and where possible, grandparents and other family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. Provide the Placement Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to percentage of youth in program successfully achieving set education 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 Vol. 2O7 Pg. l D investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. 3.02 Service Provider will provide or perform the following: A. Daily Living Skills. 1. The Service Provider shall teach each child basic living and social skills such that they are able to appropriately care for themselves and function in the community. B. Assessment, Service Planning and Coordination 1. Diagnostic Assessment. The Service Provider shall ensure completion of a diagnostic assessment on each child within 30 days of admission. The assessment must address the child's strengths and needs in the following areas: physical, psychological, behavioral, family social and educational. 2. Service Planning and Coordination. i. The Service Provider shall develop, coordinate and implement a service plan that addresses the services that will be provided to meet each child's specific needs. ii. The Service Provider shall develop a service plan in accordance with the requirements contained In 7JJD- FED -29-04 Section 500 (Casework and Support Services) and Section 501 (Service Plans). iii. The Service Provider shall ensure that the service plan incorporates and is consistent with: a. Permanency goals identified in the juvenile probation department residential case plan; b. Behavioral goals established by the juvenile probation department; C. Components of the child's Individual Education Plan (IEP) and the Individual Transition Plan (ITP) that are both developed by the school's Admission, Review, and Dismissal (ARD) committee, if appropriate; and d. Components of the CPS transition plan for youth ages 16 -22 which includes Preparation services for Adult Living (PAL), Education and Training Vouches (ETV) and other related services and support for youth who are currently in foster care ortransitioning out of care. Additional information is located at: http://www.dfps.state.tx.us/Child Protection /Transitional Living /default.as P. iv. The Service Provider shall ensure that the service plan includes services to assist a child to transition to a new living arrangement or to new provider services, if applicable. C. ROUTINE 24 -HOUR CHILDCARE 1. Food. Vol. 207 Pg. /� / I. The Service Provider shall provide food in accordance with requirements of DFPS Child Care Licensing Minimum Standards. ii. The Service Provider shall ensure that each child receives fresh fruits, vegetables and dairy products at least once a day. iii. The Service Provider shall ensure that children have input into meal planning. 2. Clothing and Personal Items. I. The Service Provider shall maintain an inventory of the child's clothing and personal items that are of substantial and /or sentimental value by: ii. The Service Provider shall provide each child with appropriate clothing that at a minimum is: a. In sufficient quantity to ensure an adequate amount of the following: t- shirts, undershirts, underwear, bras, socks, shoes pants shirts, blouses, coats /jackets, sweaters, pajamas, shorts, and other clothing necessary for a child to participate in daily activities; b. Gender and age appropriate; c. Proportionate to the child's size; d. In good condition, and is not worn -out with holes or tears (not intended by the manufacturer to be part of the item of clothing); and e. Clean and washed on a regular basis. iii.The Service Provider shall allow children to label their clothes with their name or initials, iv. The Service Provider shall provide each child with appropriate items necessary to meet their hygiene and personal grooming needs by: a. Making grooming products available so that each child is able to maintain good hygiene and grooming practices; b. Ensuring that grooming products meet each child's ethnic hygiene and individual hair care needs; c. Ensuring sufficient hot water is available for daily baths orshowers; and d. Providing training /education as necessary to ensure each child understands the concepts of personal hygiene and grooming and what they need to do on a daily basis to achieve and maintain good hygiene and grooming. 3. ROOM, BOARD, AND FURNISHINGS. 1. The Service Provider shall provide each child with a bed, sheets, towels, blankets, bedspreads, pillows, mattresses and other furnishings necessary to meet the child's needs. The Service Provider shall ensure that the items be kept clean and in good repair. ii. The Service Provider shall ensure that children have personal storage space for their clothing and possessions. The Service Provider shall provide children, who are able to look after their own needs, with individual storage space in their bedrooms for clothing and possessions. iii. The Service Provider shall provide behavioral, gender and age appropriate living arrangements for each child, with the exception of sibling groups, where appropriate, in accordance with DFPS Child Care Licensing Minimum Standards. Vol. 207 Pg. 14�,)— D. DISCIPLINE AND CRISIS MANAGEMENT 1. Discipline. i. The Service Provider shall use appropriate authority and discipline practices as necessary to set limits for behavior and help each child develop the capacity for self - control; and ii. The Service Provider shall develop and implement discipline and emergency behavior intervention policies that are consistent with DFPS Child Care Licensing Minimum Standards at: htto: / /www.dfps.state.tx.us /Child Care /Child Care Standards and Regulations /default.aso and the Texas Administrative Code, including, but not limited to, the following: a. The Service Provider shall not use, give permission to use, or threaten to use physical discipline with any child. b. The Service Provider shall not threaten the child with loss of visits with family or siblings as a punishment or deterrent to behavior. C. The Service Provider shall not threaten the child with loss of placement as a punishment or deterrent to behavior. 2. DE- ESCALATION AND CRISIS MANAGEMENT. i. The Service Provider shall ensure that all de- escalation techniques are exhausted before utilizing more restrictive and intrusive behavior management or emergency behavior intervention. ii. The Service Provider shall utilize developmentally and age appropriate emergency behavior intervention techniques, as described in DFPS Child Care Licensing Minimum Standards to resolve emergencies. iii. The Service Provider shall manage the facility and milieu in a manner that minimizes disruption during a crisis. E. EDUCATIONAL AND VOCATIONAL ACTIVITIES 1. Educational Activities i. The Service Provider shall ensure that each school -aged child placed with the Service Provider pursuant to this Contract attends an educational program accredited by the Texas Education Agency ( "TEA "). The Service Provider may request an exception to this requirement from the juvenile probation department. The Chief Juvenile Probation Officer, or his /her designee may approve the exception request, and such approval must be in writing. ii. No later than the third (3rtl) calendar day after the date a child is placed in a residential facility, the Service Provider shall notify the school district in which the facility is located. iii. The Service Provider shall maintain and update an education portfolio for each child in the Service Provider's care. The contents of the education portfolio must include, if appropriate: a. School enrollment documents -birth certificate, Social Security card, immunizations, and withdrawal notice from the last school; Vol. 207 Pg. 2-L-F b. Special Education documents - Admission, Review & Dismissal (ARD) team meeting notes, Individual Education Plan (IEP), Section 504 documents, full individual evaluation and /or other diagnostic assessments; c. Report cards, progress reports, and /or IEP progress reports; d. Transcripts; e. Standardized test results - TAKS /SDAA/LDAA; f. Referrals, notices or other correspondence; g. Pictures; h. Miscellaneous- anything school related not previously listed. iv. The Service Provider shall make the educational portfolio readily available to the juvenile probation department on any visit with the child or otherwise, if requested. v. The Service Provider shall document that the report card and progress reports are discussed with each child. vi. The Service Provider shall provide the child's education portfolio to the juvenile probation department at the time a child is discharged from the Service Provider's care regardless of whether the discharge is a planned or an unplanned discharge. The Service Provider must ensure the following: a. The most current educational documents and records are in each child's education portfolio; and b. The child's education portfolio includes the child's current school withdrawal paperwork. vii. The Service Provider shall minimize disruptions to a child's education by scheduling therapy and other appointments outside school hours, whenever possible. 2. Vocational Activities. The Service Provider shall provide vocational training, support services, activities and skills training (includingjob readiness), apprenticeships and vocational training opportunities such that each child: i. Has access to appropriate vocational activities and community education programs; ii. Receives the assistance needed to maximize the benefit of these activities; and iii. Is provided transportation to vocational activities. F. Routine Recreational Activities t. The Service Provider shall provide recreational activities such as indoor, outdoor, school, community and religious or spiritual activities for children served under this Contract that are age- appropriate, varied, and are of interest to the child. 2. The Service Provider shall ensure that recreational activities are, at minimum, supervised in accordance with DFPS Child Care Licensing Minimum Standards and service level requirements contained in the Levels of Care Descriptions (TJJD- FED- 28-04). 3. The Service Provider shall intervene, as necessary, to reduce the risk and occurrence of any and all injuries. Vol. 207 Pg. / & 4. The Service Provider shall ensure that children have input into the types of recreational activities in which they wish to participate. G.TRAVEL 1. The Service Provider shall provide or arrange all travel necessary to ensure a child's access to all necessary medical, mental health and vision care for each child, including behavioral healthcare services, recreational, school and school activities, family visits, court hearings, Preparation for Adult Living (PAL) activities, permanency conferences, transition plan meetings, family group conferences, circles of support conferences, and any other services necessary to fulfill the tasks on a child's service plan. 2. A Service Provider who is licensed as a CPA shall arrange and facilitate sibling visits when siblings are at different placements within the same CPA unless the sibling visits are: I. Prohibited by court order. ii. Contrary to the best interest of the children as reflected in any of the service plans of the siblings; or iii.Discouraged by a mental health professional treating any of the siblings. H. Cultural Competence 1. The Service Provider shall provide the contracted components of care with a high level of individual and organizational cultural competence as described below: a. Individual Cultural Competence -The knowledge, skill or attribute one has relative to cultures other than his /her own, that is observable in the consistent patterns of an individual's behavior, interaction and work related activities over time, which contributes to the ability to effectively meet the needs of children and families receiving services. B. Organizational Cultural Competence- A set of values, behaviors, attitudes and practices within a system, organization, program, or among individuals, which enables staff and volunteers to work effectively with children and families from othercultures. Furthermore, it refers to the staffs ability to honor and respect the beliefs, language, interpersonal styles and behaviors of individuals and families receiving services. I. SERVICE PROVIDER PARTICIPATION 1, The Service Provider shall participate in conferences required by the juvenile probation department which include, but are not limited to, medical, school, case planning, permanency planning, transition planning, and legal staffings. 2. The Service Provider shall participate in Preparation for Adult Living (PAL) activities, consistent with the child service or transition plan. 3. The Service Provider shall participate in any other meetings required by the juvenile probation department or a court having jurisdiction over the child and necessary to ensure that the Service Provider is complying with a child's service plan. Vol. 207 ft. /� 5� J. MAINTAINING CONNECTIONS 1. The Service Provider shall make a good faith effort to ensure that children are able to preserve desired and appropriate connections to his or her own cultural identity and community, including religious /spiritual, family, school, and appropriate organizations through on -site or off -site means. 2. The Service Provider shall document all good faith efforts to maintain a child's connections. K. PROVIDING TESTIMONY 1. The Service Provider shall ensure that Service Providers employees and subcontractors appear and testify in judicial proceedings, depositions and administrative hearings relating to a child, at the request of the juvenile probation department. 2. The Service Provider shall, to the extent possible, notify and /or assist the juvenile probation department in locating past employees or subcontractors when past employees or subcontractors are needed to appear and testify in accordance with this subsection. The Service Provider is responsible for the cost associated with the requirements of this subsection. L. Least Restrictive Setting 1. The Service Provider shall provide all services in a manner that safeguards the health, welfare and safety of the children in the least restrictive setting possible. ARTICLE IV EVALUATION CRITERIA 4.01 The Performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement: 2. The total number of children who were discharged from residential placement successfully. Vol. 207 Pg. /�� 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. 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. Percentage of children who have completed placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. The rates will be as follows: $139.86 Non IV -E Rate (Glen Mills Special Rate) and $148.22 IV -E Rate. The cost of one parental visit is included in the IV -E Rate ($148.11) and a parent may visit after 120 days. Brazos County, at its discretion, may choose to pay the cost of the one parental visit for a Non -IV -E youth. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Business Manager or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as reduction is deemed practical my Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and /or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child has been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program Vol. 207 Pg. AG / where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Business Manager on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete nay appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day of the child is transferred into the program, the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement form Juvenile Probation. 5.08 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Business Manager. Service Provider will not contact other department employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. 10 / Vol. 207 Pg. / �3 ARTICLE VI ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and the Service Provider must retain space for the client until his /her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation, however, any additional days away from the residential setting will not be charged to Juvenile Probation, 6.03 The child's parents) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs. By personal payment, health Insurance or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of the authorized agent of Juvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in this program. 6.06 Juvenile Probation is under no obligation to place any child with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is colder than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 6.09 In accordance with 429.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 6.10.1 If a client makes an unauthorized departure from the Service Provider, Juvenile Probation shall be notified immediately. If the client return to the Service Provider within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the service Provider shall receive payment for those days the client was absent from the Service Provider, but not to exceed ten (10) days payment. 11 Vol. 207 Pg. 1�9 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and /or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas Juvenile Probation any all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ATTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by 44261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: 12 Vol. 207 Pg. 116 A. Local Law enforcement agency. B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by call toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823 -4211 (ATTN: Chief Probation Officer). 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 contract 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 Service Provider that has direct contact with juveniles was the alleged or designated perpetrator. E. The identity of any of State 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 State Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have director 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 10 years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE IX EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. 13 Vol. 207 Pg. 4�7/ ARTICLE IXX ASSIGNMENT & SUBCONTRACT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in his Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, be written notice of default to Service provider, terminate the whole or any part of this agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider, does not cure such failure within a period of ten (10) days. ARTICLEXV TERMINTION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 Of at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have to 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. 14 Vol. 207 Pg. / %_ ARTICLE XVII I N DEMNIFICTION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, foss, costs, claims, or expenses arising out of wrongful and negligent acts(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have to obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any acts(s) of commission or omission of Brazos County's and Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ATTICLE Will 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for, that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing of the State of Texas, any County in the State of Texas, or any political subdivision thereof: C. that it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and 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 Probation commission administrative rules regarding abuse, neglect and exploitation allegations. 15 Vol. 207 Pg. 113 ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas, ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or enforceable provision has never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement for the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify it acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate his Agreement subject to the conditions herein. 16 Vol. 207 Pg. ��`� EXECUTED IN DUPLICATE (orTRIPLICATE —see below), EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS COUNTY COMMISSIONERS COURT — Q L'� Duane Peters, County Judge Date And Brazos County Juvenile Board Chairman Doug Vance, PhD, Executive Director Date Brazos County Juvenile Services Department GLEN MILLS SCHOOLS Authorized Signature Date PRINTED name of person signing this contract Title PRINT FACILITY NAME AND ADDRESS FACILITY TELEPHONE NUMBER: PRINT BILLING NAME AND ADDRESS BILLING TELEPHONE NUMBER: PRINT NAME OF BILLING CONTACT PERSON FEDERAL TAX IDENTIFICATION NUMBER: CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: 17 Vol. 207 Pg. ��� z3 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridee DEPT. NUMBER 56001000 DATE OF COURT MEETING: August 26, 2014 ITEM: Consider and take action on the Final Plat of Lot 57A Willow Run Phase 3A, 6.182 Acres Being an Amending Plat of Lots 56 and 57 Willow Run Phase 3A; recorded in Volume 3244, Page 267 (BCOR): (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIRENIENTS: NOTES: SUBMITTED BY: R. Alan Munger, County Engineer APPROVED BY: Lloyd Wassermann Commissioner, Precinct 1 This Request is [,,] APPROVED / DENIED ] by Commissioners' Court Duane Peters, County Judge Vol. 207 Pg. //� 24 BRAZOS COUNTY 4ISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: August 26, 2014 ITEM: Consider and take action on request from Justin Duncum for variance to the platted minimum 50' building setback requirement for Lot 3, Block 4 Hidden Springs Phase 1. Placement of the structure is at 29.7' which exceeds Brazos County's minimum 25' setback requirement. Site is located in Precinct 1. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: NOTES: SUBMITTED BY: R. Alan Munger, County Engineer APPROVED BY: Lloyd W ssermann Commissioner, Precinct 1 This Request is [ ] AP VED / DENIED [ ] by Commissioners' Court E. 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'ti a , lit "I�`p; (I'irs�i14i� i,�y�` fj 11�(; $ r IICdr33iiriiiir , ii3Fl f I lit,l,1p11 lif'� 1 I Fi I�i �f 15 j jI clvOo vd, ��as . 99 Vol. 207 Pg. �%9 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 26, 2014 SUBJECT: Private Property Access Request permission to enter private property owned by David and Michelle Leatham located on I &GN Road. Project will extend driveway slope to achieve proper roadway alignment. Site is located in Precinct 1. SUBMITTED BY: Joe of Way Agent APPROVED BY: ���� Lloyd %kassermann Commissioner Precinct 1 This request is PPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge Date: _0% W I -H Vol. 207 Pg. X 9 0 z5 DocuSign Envelope ID: 80037FFC- 114B4F7A- AA7A- ADE90BB85DF0 t e on BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Paters R. Alan Munger, P.E. Brazos County Judge County Engineer Brews C xity Read 6 Bridge Dept. Lloyd Wasaermann 28171Nry21 ygen Commissioner Pd. 1 Bryan, Texas 77803 Office: 874822 -2127 Sammy Catalene Far. 879-7750483 Co m,selMer Pct.2 ramungeratlr82osamunty1%.gov , Kenny MaIMd Cammlasloner Pd.3 Irma Caulsy Cumm"oner Pd, 4 OWNER(S): David and Myke Leatham II. ADDRESS: 13464 I &GN Road College Station, Texas 77845 III. LOCATION OF WORK: Same as above R303341 — Willow Run Sub., Phase 1, Lot 1B, 5.1 acres IV. DESCRIPTION OF WORK: Request permission to enter private property for the purpose of extending driveway slope to achieve proper roadway alignment. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. 1301209413001402 Owner's Signature: -11"ll.'1 �� ` - "� ^ "' Date: 8/19i2014 �Uleusf so of erimm nera .a as Miche -le Myke' Leatham ,F4 P. E. atexAa--- R. Alan Munger, P. Joe alvato County Engineer Righf of Way Agent Vol. 207 Pg. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 26, 2014 SUBJECT: Private Property Access Request permission to enter private property owned by John Whiting located on Boxlev Bend. Project will remove rip -rap material that has washed under fence onto private property. Site is located in Precinct 4. SUBMITTED BY: 7 Joe . Salvato Right of Way Agent APPROVED BY: Irma Cauley Commissioner This request is ZMW- OVED / ❑ by Commissioners' Court Duane Peters, County judge DATE: 0 AW I Vol. 207 Pg. 1 tatiF ar BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters R. Alan Munger, P.E. Brazos County Judge County Engineer Bruce County Road 8 Bndge Dept Lloyd Wassermann 2617 Hwy 21 West Commissioner P& i Bryan, Texas 77809 Office. 979.822 -2127 Sammy Catalena Fax'. 97 9-775 -0453 Commissioner Pct. 2 ramunger ®brazoscountyts gov Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 OWNER(S): John V. Whiting II. ADDRESS: 10900 Boxley Bend College Station, Texas 77845 III. LOCATION OF WORK: 10800 Boxley Bend R27678 — Franklin Estates, Block 2, Lot 10, 5.65 acres IV. DESCRIPTION OF WORK: Request permission to enter property for the purpose of removing rip -rap material that has washed under fence onto private property. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCI I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: v Date. R. Alan Munger, P. Jo . Salvato County Engineer Right of Way Agent Vol. 207 Pa. 19- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 26, 2014 SUBJECT: Utility Permit— Apache Corporation Consider and take action on the Apache Corporation utility permit to construct road bores under Leonard Road approximately 6,475' southwest of SH 47. Project will connect several oil wells in the area. Site is located in Precinct 4. SUBMITTED BY: V. . e This request APPROVED BY: Commissioner / DENIED ❑ Jay Commissioners' Court Duane Peters, County Judge s, DATE: 0 b � 1 f Vol. 207 Pg. /S,�/— z7 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes APACHE CORPORATION, hereinafter referred to as "Company" a Delaware 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 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 Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored lacked Driven Cased Leonard Road 72.94 feet X Yo e: The proposed pipeline easement crossing Leonard Road will include four (4) 3.500" OD x 0.300" WT, API 5L X -42 Flow lines and one (1) 3.500" OD x 0.300" WT, API 5L X-42 gas lift pipeline. The proposed 3.500" OD lines will have a Maximum Operation Pressure equal to 1,440 psig. Facility to Parallel County Road Within Riaht -Of -Way CONSTRUCTION TYPE Diameter Wall Thickness ■ High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification Noted Above operating pressure) pressure) Minimum Yield Strength Noted Above Maximum Operation Pressure Noted Above 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 &0 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 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 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. 207 Pg. /4-�, Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RiGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos Count, demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining airy conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in tine sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 14 hours of beginning construction shall constitute groundsforjob shutdown. By signing below, i certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. APACHE CORPORATION Company Name Justin Ezell By: Si Title 2000 W. Sam Houston Pkwy, S., Suite 1000 Address Houston TX 77042 City State Zip 281- 302 -2531 Phone Number Justin.Ezell(@AnachCorp.com Email Vol. 207 Pg. / Y4 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 dated C98" 02 " o?4 1 Y except as noted below: (Month/Day /Year) EXCEPTIONS: fi„R B s County Engineer Vol. 207 Pg. / P BRAZOS COUNTY, TEXAS r.w 3 /'A EuvAPO PJiL I nT. 3036'17.6{' N _ONG. 9626'2 4.19' W N. 10,205,16 4.50 3,521,113.99 SE R/W LEONARO ROAC hv. C rLOaL YE _ LAT. 3036'17.13' N 'aCdE::' AFL; LONG: 9626'23.60" W N: 10,205.114.56 /'a; -4F�' nl`6;?1, E: 3,521,167.22 COORDINATES SHOWN ARE TEXAS STATE PLANE COORDINATE SYSTEM NAD 63, GRID COORDINATES, UNLESS STATED OTHERWISE. IMAGERY DATED 2012 MOM TNRIS AND MAY NOT REFLECT CURRENT TOPOGRAPHY OR STRUCTURES 1000 _0 1000 2000 1, - low PROPOSED RIVERS /DE PIPELINE RANCHOORANDE TOJOBSTETZ !.orated iR the Thoma.T J Wooten Survey, Abstract 39 Brazos Cowry, T=s. VICINITY MAP PROPOSED FLOWLINE EASEMENT CROSSING LEONARD ROAD ��DtdCOle' TEXAS LAND SURVEYING WAF W000 GROUP 317E No SK Pe: t0) PO: )I ORN e, CIL VV MUSTANG GIDDINGS, TX. 769 {2 SDRYEYED SY AN. PHONE: 079- 642 -11A0 AIWASIDE RANCHO 6RAADE TO JOE LEONARD ROAD MCINIIr NAP Vnl_ 207 Pv 0 BASED M TEXAS STATE PLANE COORNHAIF SKRLL HAD N CENTRAL LONE HARD RB. ELEVAMNS DERIVED FIRM CPS OBSERVATIONS, COMDINRRS SHOWN ME TEXAS STATE NINE CMRgNAIM SYSIEN NAO W. GRO COM¢NAIEi UNLESS STATED 07I4RPTSE CONTRACTOR SHALL BE RESPON,,M FOR LOGING ALL INOERNTWHD UTIIIIES "NOR TO CMSTNUCIION. THOMASJ WOOTEN A -59 NW R/W LEONARD ROAI UT. 3OS6'1].6s' H LONG: 9626'24.19' W N: 10.205,166.50 E: 3.521,11199 CAL PROPOSED PROPOSED PIPELINE ROWIINE EASEMENT WARMING SIMS AT R/w (TYPICAL) N 46' 49'44' W i1 N J O N RArMOND L. STETZ AND NFL 6ETT N. S1ETL q CALLED 1398 ACAS TRACT VOLUME 329. PACE 53 ORB -O,T eN 260 F L 210 A- 2" CM. B_RAZOS COUNTY, TEXAS QFN RA NOTES- EAST BOUND LANE TILE INFORMAMM PROVIDED BY STATE NMY. Na /] APACHE WRP°IATi°I. CORPORA -- y BEARINGS BASED ON TEXAS STATE PLANE FO K) AT FCUNC MEMORIAM SYSTEM HAD n CENTRAL CLLG PROP. ZONL OERVED FROM OP9 OBSRVATgN1 CORHOR LH. 0 BASED M TEXAS STATE PLANE COORNHAIF SKRLL HAD N CENTRAL LONE HARD RB. ELEVAMNS DERIVED FIRM CPS OBSERVATIONS, COMDINRRS SHOWN ME TEXAS STATE NINE CMRgNAIM SYSIEN NAO W. GRO COM¢NAIEi UNLESS STATED 07I4RPTSE CONTRACTOR SHALL BE RESPON,,M FOR LOGING ALL INOERNTWHD UTIIIIES "NOR TO CMSTNUCIION. THOMASJ WOOTEN A -59 NW R/W LEONARD ROAI UT. 3OS6'1].6s' H LONG: 9626'24.19' W N: 10.205,166.50 E: 3.521,11199 CAL PROPOSED PROPOSED PIPELINE ROWIINE EASEMENT WARMING SIMS AT R/w (TYPICAL) N 46' 49'44' W i1 N J O N RArMOND L. STETZ AND NFL 6ETT N. S1ETL q CALLED 1398 ACAS TRACT VOLUME 329. PACE 53 ORB -O,T eN 260 F L 210 A- 2" CM. 'A' DETAIL 'A' N.T.S. . —. .� CA PROPOSED .Y� FLOWLNE EASEMENT 41 In* Am am y N 46'49'01' FO K) AT FCUNC 0 W i RN f AMEX IU v _ PWRE Pai GLA 551,0$8MARTIN 1 CALLED 51,658 ACRES TRAC 1 OE to (B -3) VOL. 818. PG. 834 O.R.SC T ^ ' w 0 3 I $ I I0 PLAN I It NII ` 6E r. U ll O LONG, IV, n: 10.205. 'A' DETAIL 'A' N.T.S. PROPOSED FLOWJNES am OAS LIFT 5 -3.50' X .300 W.T. PROFILE LOOKING NORTHEAST NOTES: SCALD MORE. I•.SG CROSSING MODE: BORING LERL 1•_vU CONTENTS OF PIPELINE: WELL ROW CARRIER: 4 FLOW ANES - 3.50 O.D. X .300 W.T. X -42 1 GAS LIM PFELINE - 3.50 0.0. X .app W.T. X -42 WILD STRENGTH: 42.= PIPELINE WARNING SIGHS TO BE INSTALLED AT R/W FENCES PROPOSED FLOKJNES CROSSING LEONARD ROAD FOOTAGE: 72.94 FEET - 4.42 RODS PROPOSED RIVERSIDE PIPELINE RANCHO GRANDE 70 JOE STPTZ 6► Located in the Toms J. Wooten Sun•ey. Abstme159 017t hp 8E6:Ds County, Tews. TEXAS LAND SIMLEYING DATE . Y30- 2014 SCALL: I WOOD GROUP 317 FIRM MR. E. HEMPSTEAD ST FO: 20) PO: )L ORN R GIDDNOS, 1X. 788{2 suRVEYEO BY J.N. PHONE: 979 -042 -11506 arKRSOF RAHCND DRANOC To. p9 -5{2 3353 LEONARD ROAD CROSSINC PLAT Vol. 207 Pg. 220 1 BOBBW 3ELIAY N 4TEREO PROFESSIONAL LAND SURVEYOR No . 121] MU: G9 -pI -IA ADDED itONgE SPACING 08-0W 14 10 NW A r DITCW M -11 -11 ADDED GAS LV LAC . —. .� CA PROPOSED .Y� FLOWLNE EASEMENT 41 y N 46'49'01' W 0 W GLA 551,0$8MARTIN 1 CALLED 51,658 ACRES TRAC 1 OE (B -3) VOL. 818. PG. 834 O.R.SC T ^ ' w + $ I0 PLAN PROPOSED FLOWJNES am OAS LIFT 5 -3.50' X .300 W.T. PROFILE LOOKING NORTHEAST NOTES: SCALD MORE. I•.SG CROSSING MODE: BORING LERL 1•_vU CONTENTS OF PIPELINE: WELL ROW CARRIER: 4 FLOW ANES - 3.50 O.D. X .300 W.T. X -42 1 GAS LIM PFELINE - 3.50 0.0. X .app W.T. X -42 WILD STRENGTH: 42.= PIPELINE WARNING SIGHS TO BE INSTALLED AT R/W FENCES PROPOSED FLOKJNES CROSSING LEONARD ROAD FOOTAGE: 72.94 FEET - 4.42 RODS PROPOSED RIVERSIDE PIPELINE RANCHO GRANDE 70 JOE STPTZ 6► Located in the Toms J. Wooten Sun•ey. Abstme159 017t hp 8E6:Ds County, Tews. TEXAS LAND SIMLEYING DATE . Y30- 2014 SCALL: I WOOD GROUP 317 FIRM MR. E. HEMPSTEAD ST FO: 20) PO: )L ORN R GIDDNOS, 1X. 788{2 suRVEYEO BY J.N. PHONE: 979 -042 -11506 arKRSOF RAHCND DRANOC To. p9 -5{2 3353 LEONARD ROAD CROSSINC PLAT Vol. 207 Pg. 220 1 BOBBW 3ELIAY N 4TEREO PROFESSIONAL LAND SURVEYOR No . 121] MU: G9 -pI -IA ADDED itONgE SPACING 08-0W 14 10 NW A r DITCW M -11 -11 ADDED GAS LV LAC 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 (`GIMP ") (EPA and TCEQ both provide lists of examples of BMffs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The pennittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 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 Platt 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. 207 Pg. / 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards I. 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 Nay 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 1' 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. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 207 Pg. %%l 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backftlling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved 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 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 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. 207 Pg. //, F. Repairs to existing facilities Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 207 Pg. / %3 5-: kidIS :�S rviR� °i�l.z rT i C F f : - a = ?$RFS: RSmA .fie s°Ptis� ? V,a 3. P RS :ISS S'" .I �In N ! / J! Ill 9 Br y f¢ flu °¢a Bpi PAS ee dfi bDPp�y ? � fete° Hit 2 °- a a + �'►�s b,�a�a��; -e ggPi �DPev �' � o .Ii qB - Fa gbj _BYg:b Ygi� y:f! �• if yY ¢Sle"e¢�lrbesi$fPFPg ^e c 6 gO q911, K-I ..VIR.s . > .�tIYIJ :I.i• � .iInCK X ,,r,. ^icP'. • aeyss nevi • ',, � a- - - - - - - - - - - - a - +V e•f g a :4 Y.;'.::.�iii: -::u a w ..e :, 's'�b°f:4 ..n :ii :ef•:. :.s:c Vol. 207 Pg. / %1/ W O J x 8 � o z ¢ N C w O U y � r 2 Cii > c0 W o n J Q G N _ O Zo o a w U Q j H la/t O u Y O 3 K O J _ = o N � O � — N w CC' Z O u U N oY i i +ro Irws rT C F f : - .fie s°Ptis� ? a :4 Y.;'.::.�iii: -::u a w ..e :, 's'�b°f:4 ..n :ii :ef•:. :.s:c Vol. 207 Pg. / %1/ W O J x 8 � o z ¢ N C w O U y � r 2 Cii > c0 W o n J Q G N _ O Zo o a w U Q j H la/t O u Y O 3 K O J _ = o N � O � — N w CC' Z O u U N oY i i BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: . August 26, 2014 SUBJECT: Utility Permit — Apache Corporation Consider and take action on the Apache Corporation utility permit to construct road bores under Leonard Road approximately 5,115' southwest of SH 47. Project will connect several oil wells in the area. Site is located in Precinct 4. SUBMITTED BY: J V. Salvato Right ofWay Agent This request APPROVED Irma Cauley Commissioner Duane Peters, County Judge DATE: Mtoliq Vol. 207 Pg. / %yam Court APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY-ENGINEER OF BRAZOS COUNTY, TEXAS Comes APACHE CORPORATION, hereinafter referred to as `Company" a Delaware 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 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 Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased Leonard Road 77.58 feet X Nate: The proposed pipeline easement crossing Leonard Road will include six (6) 3.500" OD x 0.300" WT, API 5L X -42 flow lines and one (1) 3.500" OD x 0.300" 1VT, API 5L X-42 gas lift pipeline. The proposed 3.500" OD lines will have a Maximum Operation Pressure equal to 1,440 psig. The proposed pipeline easement crossing Leonard Road will also include one (1) 8.625" OX x 0.250" %VT, API 5L X -42 gas sales line. The proposed 8.625" OD line will have a Maximum Operation Pressure equal to 1,200 psig. Facility to Parallel County Road Within Rieht-Of -Wav CONSTRUCTION TYPE Diameter Wall Thickness ■ Material Specification Noted Above Minimum Yield Strength Noted Above Maximum Operation Pressure Noted Above High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating operating pressure) pressure) 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 (00 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 thejob 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 arc 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 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 207 Pg. / %� Any deviation 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 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. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages amUor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the 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 policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or nollf y the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. APACHE CORPORATION Company Name Justin Ezell By: 7 Si Landman Title 2000 W. Sam Houston Pkwv. S., Suite 1000 Address Houston TX 77042 City State Zip 281- 302 -2531 Phone Number Justiii.Ezcll(@,ApaohCorr).com Email Vol. 207 Pg. 4�7 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 dated 08 - 0?0 - 0201y except as noted below: (Month/Day/Year) EXCEPTIONS: MOMS rlBra County Engineer Vol. 207 Pg. - � Vol. 2 07 Pg. GENERAL NOTES BRAZOS COUNTY, TEXAS ME NFOIYATION PREMED or poop P I APRONS CORPORATION. EAST BOUND LANE PIRI J' RONUK S' BEARINGS BASED ON TEXAS STATE PLANE STATE HWY. No 47 COORDINATE SISTDI NAD W. CENTRAL ZONE ROM DERIVED F OPS OBSERVATIONS — - - -- - — -' -- PROPOSED 3' FLONUNE S DATUM . ._._. -.__.. "A STATE BITE ST .• •, . _._... _.._.... _..,.._.... .. REPOSED J' REMRI[ S p C IC CENTRAL COORDINATE BV41EY. "AD Its CDIST) C 3o1C NSW B f1 OENLED _ i5 5.� FROM CPS CBSCRVAnON$, OBSERVATIONS, E COORDINATES ARE TE %AS STATE I EA u NT 2.5' PRO ] RONUNE O. 5' NATE TE SYSTEM NW B], GRID PURE LATE% C2 U CDOIONARS 01AF55 STATED OMRNRSE. K PROPOSED J PLO NE CONT114TOR SHALL BE RESPERSS E A, 'A S PROPOSED S iL A LOCATING ALL LNOFRGRClwO .MIMS IWOR TO Co6AUCTNN. ZO N DETAIL N.T.S. 5 O A NPFLPOMEO JJ \ E Mr .. WARNING SONS U Y R/W LEONARD ROSE '^ r •. . AT R/W ( TYPCAL) I SEE d "T. ]0'382654 a: - . .� . N V2.:' DETAIL '4' LONG 96.16247 W : d - : J. 1 .' W WARD ROAD SYT N: 10,201.0964Y � •1�R' ' LA . 0N27.09' N �••'` E. :. >!..'i.•!' LORD, 96.16'1].10' F N: 13,20614227 6 16'16.16' E :" :.'�- .`...: ^. 4 %C/L`PR0005ED •-.r •. E: ].322,0464] . ''. FLONVNE EASEMENT PROPOSED )! i'(cZ�.:'f�AS) WARNING SONS `WSTAVD- NE6EMBERG AT RJW (TYPICAL) '. WELL PRO THOMAS) WOOTEN P A -39 EyQIj �DX<{ ju I I i ' •• JO P1 EPERSTENY LP W BEING THE MAUSXf DESCRIBED ro IL m +l -4 .- +.. i� ow P 41 0� w� CALLED 2797 ACRE TRACT �+� WLUWE 233. PACE 27 w S ZI I 4 ` ly g V 13 IsY1 RAWOM L STCTS AND WR, O. R.B.C.I. �1 I. Df w ¢ O p R. BETTY N. B ETZ TRACT ONE (B -1) ¢ 3 w O yy7y( n• o X� i3�i < n CALLED SIASS ACRE TRACT VOLUWE 916 PAGE 627 y .: C CIO O.R.B.C.T. S hu AIR I, NN +! u R X $ t3t 4 PSIS PLAN - xDRZ. I'.SD' CA 1/2' IRON ROp I C.W. --�y�• FOONO Ai /Y NON ROD 2SO 350 240 AT %x 210 NOTES CROSSING WOOS: RdNNG CONTENTS OF PIPELINE: WELL ROW CARRIER: 6 FLOWUNES - J.50 0.0. % .300 I GAS LIFT - 3 .50 O.D. X .300 W.T. Y -42 I LP PIPELINE - 6.625 O.D. X .250 W.T. X -42 WILD STRENGTH: 42.000 PIPELINE WARNING SIGNS TO BE INSTALLED AT R/W FENCES PROPOSED FLOWUNES CROSSING LEONARD ROAD FOOTAGE: 77.58 FEET . 4.70 RODS ITNCE PROPOSED P0E1.6IES 7 -3.50 CD. X .300 W.T. ! 1 -5.625 O.D. X .250 W.T. PROFILE LOOKING NORTHEAST SCALE: POLL 1'.90' WT X -42 W.I. I..Ta PROPOSEDRIYER9IDEP/PELINE JOE STF77 TO GOSTAFO HEI.SF.NRERG LluateJ in 2Me 771omm J. Wooten SNnw. AbsNYlrt 59 Y /� , & R=w CoanM Te.vm. 2]D J 1�`` ae is -/y B0940 . MAY REGISTERED PROFESSIONAL LAND SURVEYOR No. 4217 GROUP TEXAS LAND SURVEYING �'•` w �'. "'•• PVwcs: R WOO GIIUNP 1 31] E. MEYPSTEAD ST., FB: 207 PG- 71 CNN BC C VV MUSTANG CIDDINGS, TX 76942 SORVCKO WY J.Y. PHONE: 979 - 542 -1116 FAX: 979 - 342 -335] RN(ASWf Jw S-g TO GOSTAM LEOIVARD ROAD CROSSING PLAT Vol. 207 Pg. Z-e70 I REV.: ae -YI -H ACIDIC, GAS LRF Lar 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. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions maybe 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. 207 Pe. 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for thejob. 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 1' 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. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 207 Pg. �j 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following; a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved 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 I. 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. 207 Piz. Z 6, j F. Repairs to existing facilities 1. Maintenance . and /or_repair, to_ existing cables, conduits, and/or pole lines which.require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. 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 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 Pineline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. 207 Pg. An - - -. --- - -- -:.n .�..e. —�.- .— ~ ! ' o a is j J —"7'i c.il pro y b R35�•8S;e•$I �y Fa b {3X888 884 :w °R� f; °IS ��8 a�Si Cis:A333 STN X� ia�•g�3�33 �A$�83t _1. diF::RS SOIr� g •� e56E �.BYt�°b � °� Ea: ��5. S Jill Wr fi _ - - -. --- - -- -:.n .�..e. —�.- .— w ! ' o a is j :•�`•ef —.iii - -asst Zai_ I �ue7 —"7'i c.il pro y b cc 884 :w w ec f; ' e ` STN 7 g ]N:IUK r ♦ ♦ � • INpMYL V ° ass W N •N:�•V{ - - -. --- - -- -:.n .�..e. —�.- .— .— .— .— .— .— .— . —_ —. --- gi!� .�E :•�`•ef —.iii - -asst Zai_ I �ue7 —"7'i c.il Ea$e- �e =.i ]N:IUK r ♦ ♦ � • INpMYL V ° ass W N •N:�•V{ ge „f - - --- - - \ d - Ea$e- �e =.i w ec e ` 7 g ge „f - - --- - - \ d - n Ie G.....>i 4 ..—r GV �•unaG �: 6�-••• • 'T ��n •V �.X.•�JGIG Vol. 207 Pg. � GJ� W O = c � o (y Z 2 V1 C W O r U C S m > € Y W =O � N N u V > � a C>C N O U Y W ' O O o V, °o 5 < Co � U 4 < C>C N U QY 3 Ea$e- �e =.i n Ie G.....>i 4 ..—r GV �•unaG �: 6�-••• • 'T ��n •V �.X.•�JGIG Vol. 207 Pg. � GJ� W O = c � o (y Z 2 V1 C W O r U C S m > € Y W =O � N N u V > � a C>C N O U Y W ' O O o V, °o 5 < Co � U 4 < C>C N U QY 3 29 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this tPV�I day of S A.D. 2014 C Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this c�ll/411 day of Lloy Wassermann, Commissioner Precinct #1 .0.po". S y Ca a Commissioner Precinct #2 Treasurer's Report for the MONTH JUNE 2014 AND THE O/E 6130114 Vol. 207 Pg. �t Vol. 207 Pg. 2 L 31 s spg C m 1Y a E E 3 E a c .n F s V M n r P a�xs�ss :s�gsrpaa��aa #xa�aes��xe�,.ea ; S $^ C�:p:N y� 9 ry 2 ,p H N � �p le n. 9!:=8 a RR m �p R A� a" f qq m O„ zg y� e N e I;�r� v. m o w ° 0 ashEaAgs ;.a8�hs� n =��x�❑ ��ga�gasaa €�Fa•� n yaa ¢a¢gsq//zNN I1 510 N N iii e L7 ((FFjjaa6HF a C"idd in _;: mg Z 08� I A il il il i ii i i t i88 8 Vol. 207 Pg. 2 L 31 s spg C m 1Y a E E 3 E a c .n F s Vol. 207 Pg. .l (Z }O L S ye� 0 �l 1 I 3 e E B F E B e N N f R T m 0 �y.GjY�1 ^ Y T pP�� pm mm pp mm ��pp VV11 0 �p .p v1 P p m O P ryry 11�� 11�� pp�� ��pp pp N OO VV11 ��pp Pl N � WN � H W f F' N �' amp^.. ��$$ R.°.,8:�9�i9CiS2 «'$.il�ti�6$ ^o, 'ol,�••••'a' = m Big 8 01,1112 KK �� ��57�ao82i Vol. 207 Pg. .l (Z }O L S ye� 0 �l 1 I 3 e E B F E B e �I BRAZOS COUNTY, TEXAS BUDGET AIMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 45.1-45.10 On this the 26th day of August 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 26th day of August 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 necessity to 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 26th day of August 2014. THE COMNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 207 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 45.1 !Reallocation of funds to purchase three APC Smart -UPS Rack/Towers to be used in network closets at the Ag Extension Office, Juvenile Services and a scare to hold at I.T. for emergencies and backup. Vol. 207 Pg. �/D and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 45.2 012812014 Vol. 207 Pg. v2 /� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 45.3 812612014 Vol. 207 Pg. „Z/,2 ACCOUNTNAME Vol. 207 Pg. „Z/,2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 45.4 8/26/2014 rrr ':r :rrr -m O: rr rrr rrr :r rrr � 'm' '•., rr - d -- r I o account tor tne construction or int an &oad. r is IN, Lmal Cost Will cover construction, KILL&BIa-mm0fir"r lijbts and tracks as well as engineering costs for the road. Vol. 2 07 Pg. _� i]►g Pct. #1- Tech Funds BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 45.5 Pct. #1. Vol. 2 07 Pg. h BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS Ao. 13114.45.6 6!2612014 ACCOUNTNAME Fumiture Reallocation of funds to the proper account. Furniture that was purch&wd did not qualify to be a tagged asset. Vol. 207 Pg. Z /5' offundsto BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 45.7 Vol. 207 Pg. 9/4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.45.8 812 612 01 4 ACCOUNTNAME i if ii 1 01 General Fund Contingency and Sheriff - AdmIn. Reallocation of funds to cover for gasoline for the remainder of FY 14. Vol.-207 Pg. ow BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 45.9 8/26/2014 Reallocation of funds to cover forlWlinc for the remainder of FY 14. Vol. 207 Pg. IVY of funds the BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No, 13114 - 45.10 812612014 Vol. 207 Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 26, 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 District Clerk Klieninschmidt, Cameron Transfer wlin Dept. Expo Center S.O. Jail Approved in Commissioners' Court: County Judge's or Commissioner's 9 (This Copy to be attached to minutes) Gomez, Christina Resignation Williams, Krisi "Shea" Resignation Aucoin, John Step Increase Burns, DeAvia Step Increase Estrada, Rene Step Increase Mitchell, Cameron Step Increase Mitchell, Casey Step Increase Ray, David Step Increase Rogers, Lucretia La Shae Resignation Stuart, Kevin Step Increase Vol. 207 Pg. 2 c 3�