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Home My WebLink About2015-09-15 10:00AM REGULAR MEETINGr BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON -SEPTEMBER 15, 2015 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 Catalena 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 29: 3. Proclamation 15-025 proclaiming September 17-23 2015 as Constitution Week. 4. Proclamation 1"26 celebrating 100 years of worship at The Church of the Living God 5. Proclamation 15A27 declaring Tuesday October 6 2015 as "National Night Out". 6. Resolution 15-017 in support of Galveston County Commissioners Court in the case of Cox v. Henry. 7. Approval of the TCDRS Elected Rate for 2016 Brazos County has elected a rate of 14%. 6. Request from Constable Pct 1 for permission to purchase uniforms in accordance with their Uniform Policy. g. Payment Authorization to Lone Star Uniforms in the amount of 5136.55 for uniforms for reserve deputies in the Pct 1 Constable's Office• a purchase order was not obtained in advance. 10. Payment Authorization to Lone Star Uniforms Inc in the amount of 595.40 for constable insignia for uniforms for Constable Pct 1• a purchase order was not obtained in advance 11. Approval of the following Job Description: Vol. -�r p9`1� • a Administrative Assistant (Class Code 211 Position 1) for County Judge • b Front Office Assistant (Class Code 429 Position 1) for District Attorney • e Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832 Position 8) for Exposition Complex • f Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832 Position 1) for Exposition Complex • g Clerk Temporary (Class Code 2355 Position 1) for Tax Office • h Clerk Temporary (Class Code 2355 Position 2) for Tax Office 12. Maintenance Grant Contract No 1659358 with the Office of the Attorney General for the State Automated Victim Notification System (SAVNS). Term of contract is September 1. 2015 to August 31, 2016. 13. Discuss and take possible action on renewal of contract with Gulf Coast Trades Center for Juvenile residential services. 14. Discuss and take possible action on renewal of contract with Grayson County for juvenile residential services. 15. Second Renewal Lease Agreement with Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriffs Office in southern Brazos County Texas for FY 2015. 16. Third Renewal Lease Agreement with Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriffs Office in southern Brazos County Texas for FY 2016. 17. Fifth Renewal of Lease with Southwood West for the Justice of the Peace. Precinct 1 Office for FY 2016. 18. Fifth Renewal of Lease with Southwood West for the Constable. Precinct 1 Office for FY 2016. 19. - Approval of the following funding agreements for FY 2016: • a. Aggieland Humane Society. Inc. • b. Arts Council of Brazos Valley • c. Boys & Girls Club of Brazos Valley • d Brazos County Soil & Water Conservation District #450 • e. Brazos Valley Food Bank, Inc. • f. Brazos Valley Veterans Memorial • g. Junction 505 • h. Keep Brazos Beautiful, Inc. • i Mental Health Mental Retardation Authority of Brazos Valley • j National Alliance on Mental Illness - Brazos Valley. Inc. • k. Sexual Assault Resource Center • I. Scotty's House Child Advocacy Center • m. South Brazos County Fire Dept., Inc. • n. District Two Volunteer Fire Dept., Inc. • o. Brazos County Precinct 3 Volunteer Fire Dept., Inc. • p. Brazos County Precinct 4 Volunteer Fire Dept., Inc. 20. Award of Bid 2016-01, Window Tint for Vehicles. 21. Permission to advertise RFQ # 2016-20 Assessment Evaluation Treatment and Counseling Services. 22, Request permission to enter private property owned by Jean Amanda Adkisson located on North Graham Road Project will clear area on South end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. 23. Request permission to enter private property owned by Robert D. Gantt located on North Graham Road. Project will clear area on South end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. 24. Request permission to enter private property owned by Eunice E Williams located on North Graham Road. Proiect will clear area on North end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. 25. Precinct 2. 26. Acceptance of Drainage Easement from the JAW Irrevocable Trust for 0.38 acre of land This property is needed in order to construct a drainage channel adjacent to Old Reliance Road located in Precinct 2. 27. Budget Amendments. Budget Amendments FY 14115 49.1 - 49.14 28. Personnel Change of Status. Personnel Action Forms 29. Payment of Claims. 30. Acknowledgement of the Monthly Reports submitted in August 2015. 31. Sheriffs report on inmate population. 32. Announcement of interest items and possible future agenda topics. 33. Call for Citizen input and/or concerns. 34. Adjourn. Vol. 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 per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court: and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result In a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member for members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in fie Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions. 1, cancellation of a speaker's time, 2. removal from the Commissioners Court; 3. a Contempt Cia&on; 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 aaenda property posted prior to the meeting. During the public comment panne, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7 551.042. I2LVHIHia\I[Q II 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 represem the religious beliefs or views of the Court in Dart 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 77603 is wheelchair accessible. Handicap parking spaces are available. Any request for sion interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 3614102. Vol. Pg. BRAZOS COUNTY BRYANJEXAS MINUTES September 15, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Signature Page.pdf LL File Stamped Agenda.pdf R Sinn in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 15, 2015 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 Catalena 2. Call for Citizen input and/or concerns. Commissioner Mallard announced that the Texas Conference of Urban Counties will conduct their 2016 Education Conference in January. Commissioner Mallard would like the Court to consider attending the conference. Consider and take action on agenda items 3 - 29: Vol. _� P9. 3. 4. 5. Proclamation 15-025 proclaiming September 17-23, 2015 as Constitution Week. IM— Item 3.pdf The County Judge read aloud Proclamation 15-025 designating the week of September 17-23, 2015 as Constitution Week and urges our citizens to reaffirm the ideals which the framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest constitution still in active use today. Jane Ranck and Lenora Owre, representatives of the Daughters of the American Revolution were present to receive the proclamation. A copy of the proclamation 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 . Proclamation 15-026 celebrating 100 years of worship at The Church of the Living God. nEJ Item 4.pdf The Court voted to approve Proclamation 15-026 celebrating 100 years of worship in the Church of the Living God. The Court encourages all members and citizens to join them in celebrating the rich heritage of the Church of the Living God. A copy of the proclamation 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. Proclamation 15-027 declaring Tuesday, October 6, 2015 as "National Night Out. 0 Item 5.1)df The Court approved Proclamation 15-027 declaring Tuesday, October 6, 2015 as "National Night Out' in Brazos County. The Court along with the mayors of the Cities of Bryan and College Station, and the President of Texas A&M University call upon the citizens of Brazos County to join their law enforcement officers and the National Association of Town Watch in supporting the 32nd annual "National Night Out' on Tuesday, October 6, 2015. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . Resolution 15-017 in support of Galveston County Commissioners Court in the case of Cox v. Henry. & Item 6.pdf The Court voted unanimously to adopt Resolution 15-017 supporting the Galveston County Commissioners Court in the case of Cox vs. Henry. The Court urges other counties to support the Galveston County Commissioners Court through appropriate means, such as resolutions of support. A copy of the resolution 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. Vola ,�? V pg.,� /) 11-7 7. Approval of the TCDRS Elected Rate for 2016. Brazos County has elected a rate of 14%. IM Item Tpdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 8. Request from Constable Pct. 1 for permission to purchase uniforms in accordance with their Uniform Policy. IF:=� Item 8.pdf Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 9. Payment Authorization to Lone Star Uniforms in the amount of $136.55 for uniforms for reserve deputies in the Pct. 1 Constable's Office, a purchase order was not obtained in advance. IL: Item 9.pdf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 10. Payment Authorization to Lone Star Uniforms Inc in the amount of $95.40 for constable insignia for uniforms for Constable Pct. 1; a purchase order was not obtained in advance. [Q� Item 10.pdf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Approval of the following Job Description: . a. Administrative Assistant (Class Code 211, Position 1) for County Judge . b. Front Office Assistant (Class Code 429, Position 1) for District Attorney . c. Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832, Position 11) for Exposition Complex . d. Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832, Position 5) for Exposition Complex . e. Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832, Position 8) for Exposition Complex . f. Temporary Attendant (Building & Grounds) 1040 hours (Class Code 832, Position 1) for Exposition Complex . g. Clerk, Temporary (Class Code 2355, Position 1) for Tax Office . h. Clerk, Temporary (Class Code 2355, Position 2) for Tax Office LS Item 11.pdf A copy of the job descriptions 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 . 12. Maintenance Grant Contract No. 1659358 with the Office of the Attorney General for the State Automated Victim Notification System (SAVNS). Term of contract is September 1, 2015 to August 31, 2016. IM Item 12.pd( A copy of the contract 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 . 13. Discuss and take possible action on renewal of contract with Gulf Coast Trades Center for juvenile residential services. L-- Item 13.pdf A copy of the renewal of contract is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 14. Discuss and take possible action on renewal of contract with Grayson County for juvenile residential services. fid Item 14.pdf A copy of the renewal of contract 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 . 15. Second Renewal Lease Agreement with Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriffs Office in southern Brazos County, Texas for FY 2015. 0 Item 15.pdf A copy of the renewal of lease is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Third Renewal Lease Agreement with Brazos County Emergency Services District #1 for the purpose of a substation of the Brazos County Sheriffs Office in southern Brazos County, Texas for FY 2016. 11--- Item 16.pdf A copy of the renewal of lease 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 . 17. Fifth Renewal of Lease with Southwood West for the Justice of the Peace, Precinct 1 Office for FY 2016. 8 Item 17.pdf A copy of the renewal of lease 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 . I 1 S. Fifth Renewal of Lease with Southwood West for the Constable, Precinct 1 Office for FY 2016. 6—� Item 18.pdf A copy of the renewal of lease 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. 19. Approval of the following funding agreements for FY 2016: . a. Aggieland Humane Society, Inc. . b. Arts Council of Brazos Valley . c. Boys & Girls Club of Brazos Valley . d. Brazos County Soil & Water Conservation District #450 . e. Brazos Valley Food Bank, Inc. . f. Brazos Valley Veterans Memorial . g. Junction 505 . h. Keep Brazos Beautiful, Inc. . i. Mental Health Mental Retardation Authority of Brazos Valley . I. National Alliance on Mental Illness - Brazos Valley, Inc. . k. Sexual Assault Resource Center . I. Scotty's House Child Advocacy Center . m. South Brazos County Fire Dept., Inc. . n. District Two Volunteer Fire Dept., Inc. . o. Brazos County Precinct 3 Volunteer Fire Dept., Inc. p. Brazos County Precinct 4 Volunteer Fire Dept., Inc. 0 Item 19a.pdf N Item 19b.odf t� Item 19c.pdf R Item 19d.pdf ICS Item 19e.pdf le- Item 19t.pdf CS Item 19g.pdf C, Item 19h.pdf IL9 Item 19i.pdf Ifi Item 19 .Pd IR Item 19k.pdf ID- Item 191.pdf [a Item 19m.1)dt Iti�j Item 19n.pdf ltat Item 19o.pdf Ir_tJ Item 19p.pdf A copy of each funding agreement is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Award of Bid 2016-01, Window Tint for Vehicles. C5 Item 20.pdf Bid Contract 2016-01 is awarded to Lithia CJDRF of Bryan. A copy of the bid tabulation 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 . Vol. pg-- � 21. Permission to advertise RFQ # 2016-20 Assessment, Evaluation, Treatment and Counseling Services. It� Item 21.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 22. Request permission to enter private property owned by Jean Amanda Adkisson located on North Graham Road. Project will clear area on South end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. 0 Item 22.pdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 23. Request permission to enter private property owned by Robert D. Gantt located on North Graham Road. Project will clear area on South end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. R Itern 23.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 24. Request permission to enter private property owned by Eunice E. Williams located on North Graham Road. Project will clear area on North end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. IL Item 24.od( Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 25. Consider and take action on acceptance of North Country Estates Phases 5B and 12 into the Brazos County road maintenance system; the roads (portions of Blazing Trail and Vaquero Drive are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. IT� Item 25.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 26. Acceptance of Drainage Easement from the JAW Irrevocable Trust for 0.38 acre of land. This property is needed in order to construct a drainage channel adjacent to Old Reliance Road located in Precinct 2. 0 Itern 26.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 27. Budget Amendments, Budget Amendments FY 14/15 49.1 - 49.14 0 Item 27.odf 49.1 Reallocate funds for EDF-Mikulin Road and TCF Grant-Mikulin Road. Cost will be covered by the City of Bryan/Brazos County EDF funds. 49.2 To recognize a donation to the Sheriffs Office of digital print wrap for a Chevrolet Tahoe. 49.3 Reallocate funds for Sheriff - Administration. 49.4 Reallocate funds for General Capital Improvement Fund - Information Technology. 49.5 Reallocate funds for Office of Attorney General - Vine Program. 49.6 Transfer funds from TJJD-N-Mental Health to TJJD-SA-Mental Health Services. 49.7 Transfer funds from TJJD-C-Commitment Reduction to TJJD-SA-Commitment Diversion. 49.8 Transfer funds from TJJD-C-Commitment Reduction to TJJD-SA-Commitment Programs. 49.9 Transfer funds from TJJD-State Aid to TJJD-SA-Mental Health Services. 49.10 Transfer funds from TJJD-State Aid to TJJD-SA-Commitment Diversion. 49.11 Transfer funds from TJJD-State Aid to TJJD-SA-Pre & Post Adjudication 49.12 Transfer funds from TJJD-State Aid to TJJD-SA-Commitment Program. 49.13 Reallocate funds for County Court at Law No. 1. 49.14 Reallocate funds for Information Technology. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 28. Personnel Change of Status. Personnel Action Forms Iq Item 28.pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 29. Payment of Claims. I-- BILL LIST 09 15 15 pdf tt- Claims Sheetpdf 7136677 - 7136936 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 0-0. 30. Acknowledgement of the Monthly Reports submitted in August 2015. [4 Item 30.pdf The Court acknowledged receipt of the Extension Service reports submitted in August 2015 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Vol. Sheriff 31. Sheriffs report on inmate population. Wayne Dicky, Jail Administrator stated there were 574 inmates in jail, 59 have electronic monitors and 12 are pending for monitors. 32. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced that the Brazos Valley Museum of Natural History will host Boonville Days and the "Buffalo Stampede" 5K. The "Buffalo Stampede" half marathon and 5K will be at 7:30 a. m. on Saturday, October 10, 2015 at the museum. Commissioner Cauley stated that a press conference announcing the "Buffalo Stampede" will be held on Wednesday, September 16, 2015 at 10:00 a. m. at the Brazos Center. She also mentioned that everyone can support the "Buffalo Stampede" by making a purchase at Jamba Juice September 14 - 17, 2015. 33. Call for Citizen input and/or concerns. There was no citizen's input. 34. Adjourn. Ea-�Z P9•_12? � The foregoing minutes of the Commissioners Court meeting held September 15, 2015 have been examined and are approved in open Court this si day of 2015, in Bryan, Brazos County, Texas. Q ) "�' - Duane Peters County Judge y Cat ena Commissi net, Precinct 2 Irma Cauley �/ Commissioner, Precinct 4 Attest: Karen McQueen County Clerk n�r�� Cutdlti �t.tiM� Lloyd' Wassermann Commissioner. Precinct 1 Kenny Mallai \� Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT MEETING Date and Time Name 11 _;6�EitJ /�(c y Uez-xJ /&� Organization/ Department �,a ,r-% 6�;el cf /�/,scd l (/�(J1I 9l/f c w -ch -S i kda HrL Ass t vol. _��5� Pg. BRAZOS COUNTY COMMISSIONERS COURT MEETING Date and Time Name � dLo Organization/ Department --F ti2c . vol. �o� Pg "�,24 Vol. Proclamation Constitution Week WHEREAS September 17, 2015 marks the two hundred twenty-eighth anniversary of the drafting of the Constitution for the United States of America by the Constitutional Convention; and WHEREAS It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the week of September 17-23, 2015 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this 151" day o 1Septem r, :L—i Duane Peters County Judge f�l�/,ucQ. �G�L1.F/L/Jtl�xw� Co uAissionerLloyd Wassermann Precinct 1 Commission enny Ma*rd Precinct 3 Vol. 15-025 3 Proclamation The Church of the Living God WHEREAS "The Lord say unto thee, that thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it." Matthew 16:18 (KJV); and WHEREAS In 1915, The Church of the Living God began as a street ministry in downtown Bryan. It was birthed out of the heart and soul of Clarence Jenkins, who shared his vision with other believers according to Habakkuk 2:2. "Write the vision, and make it plain upon the tables, that he may run that readeth it;" and WHEREAS Church services were first held in the home of Rosie McDaniel. About 8 to 10 people met there to praise and worship God by singing, dancing, and with instrument During that time, Brother Jenkins would teach the group of believers. Once the group grew, they moved services to the Masonic Hall where rider Dudley Chapel was the first pastor; and WHEREAS The first church was built in 1949 under the leadership of Elder Cleo Jenkins, the wife of Brother Jenkins. This church was built and paid for by selling baked goods mid homemade ice cream on Saturday evenings, which was a time of fellowship and fun for both adults and children; and WHEREAS The church was a small building, but the members had great love for each other and willing hearts. As the number of members grew, Brother Napoleon Hinter saw the need for a new and larger structure. In 1959-60 the new church was built under the leadership of Bishop C.H. Hunter; and WHEREAS Former pastors included Elder Dudley Chapel, Elder J. Posey, Elder Cleo Jenkins, Elder A. L. Stallion, Bishop C.H. Hunter, Elder Albert Jenkins, Elder Ruby Green, Elder Willie Green, Bishop D.C. Moore, Elder Benny Mosley, Elder Cleo Cox, Elder John R. Clay, Elder Ray Lane, and Elder Tyrone Dorsey. In 2010, God sent the present pastor Apostle Gregory M. Thomas to lead the Church into the future as God leads him. NOW, THEREFORE, BE ITPROCLAIMED that the Brazos County Commissioners Court does hereby proclaim that 'I lie Church of the Living God be celebrated and acknowledged for its 100 years of worship. PROCLAIMED this 15day of September, 5. Duane Peters A r County Judge %f� �,ew (/�/ _ Commissioner Lloyd Wassermann mmissionSammy tlena Precinct I 'n 1 �QQ 0, issioner`Kjauny Mal rd Commissioner tna-CRley Precinct 3 Precinct 4 vol. o�y . Pg.a_o2�' 15-026 I "Whereas: the National Association of Town Watch is sponsoring a unique, nationwide crime, drug, and violence prevention program on Tuesday, October 6, 2015, entitled "National Night Out"; and "Whereas: the "32ua armual National Night Oat" provides a unique opportunity for Brazos County, the cities of Bryan and College Station, and Texas A&M University to join forces with thousands of other communities across the country in promoting cooperative police community crime prevention efforts; and -Whereas: the law enforcement agencies of Brazos Comity, the cities of Bryan and College Station, and Texas A&M University have joined together in the crime prevention efforts and are supporting "National Night Out 2015" locally; and "Whereas. it is essential that all citizens of Brazos County, the cities of Bryan and College Station, and Texas A&M University be aware of the importance of crime prevention programs and the impact their participation can have on reducing crime, drugs, and violence in Brazos County; and -Whereas: police -community partnerships and neighborhood safely and awareness and cooperation are important themes of the "National Night Out' program. Now, therefore: 1, Duane Peters, County Judge of Brazos County, Jason Bienski as Mayor of Bryan, Nancy Berry as Mayor of College Station, and Michael R Young as President of Texas A&M University, do hereby call upon all citizens of Brazos County, the cities of Bryan and College Station, and Texas A&M University to join their law enforcement officers and the National Association of Town Watch in supporting the "32^"0 annual National Night Out" on Tuesday, October 6, 2015. Further, let it be resolved that I, Duane Peters, County Judge of Brazos County, Jason Bieuski as Mayor of Bryan, Nancy Berry as Mayor of College Station, and Michael K Young as President of Texas A&M University, do hereby proclaim Tuesday, October 6, 2015 as: `NationaCNight Out" CO OF BRA Duane Peters, County Judge CITY OF COLLEGE STATION Nancy Berr , Mayor Vol CITY F BRYAN /l; / C/� Jason ieaski, Mayor TEXAS A&M UNIVERSITY 4 MichaelK. Young, resi nt ,. V pg, y L Resolution In support of Galveston County Commissioners Court Whereas, Texas statutes provide for the orderly conduct of county business and include provisions addressing staffing for the county and district courts in a county; and Whereas, the'l'exas Local Government Code sets forth the process by which elected district, county, and precinct officers may appoint deputies, assistants, clerks, and other employees that are required in the performance of the officer's duties, and requires convrussioners court approval of both the creation of, and compensation for, each such position; and Whereas, the Texas Constitution grants district courts supervisory authority over county commissioners courts that can be invoked only when a commissioners court acts beyond its jurisdiction or when the commissioners court clearly abuses the discretion conferred upon it by law; and Whereas, there exists almost 90 years of judicial precedent holding that a district court may not invoke its own supervisory authority over a commissioners court, and that a lawsuit challenging an action of the commissioners court is required to invoke such authority; and Whereas, a district court's inherent power to require the legislative and executive branches of government to provide essential staffing for the court to perform its judicial functions has long been recognized by the courts of Texas to be limited and subject to principles of due process; and Whereas, the county commissioners courts of Texas, as the sole authority responsible for setting annual budgets and assessing taxes on county residents to fund such budgets, are the appropriate bodies for making decisions of a budgetary nature within each county; and Whereas, in the matter of Tire Hon. Lonnic Cox v. The Hon. Mark Henry, Cause No. 15CV0583, now pending in the 56th Judicial District Court, Galveston County, these fundamental principles for the orderly conduct of county business are at issue; and Whereas, any appellate court decision in the case is likely to have statewide impact of profound importance to all counties in the state; Now therefore, be it resolved, that the Commissioners Court of Brazos County, Texas supports the efforts of the Galveston County Commissioners Court to defend: (1) the well-defined authority of county commissioners courts in budget matters within each county; and (2) principles of due process applicable to district court review of county commissioners courts' decisions; and Be itfurther resolved, that the Commissioners Court of Brazos County, Texas urges other counties to support the Galveston County Commissioners Court through appropriate means, such as resolutions of support and amicus curiaec,� DATED this the 8i' day of September, 2015. Duane Peters �/� e � County Judge Cmumissioner Lloyd Wassermann Precinct ConarrussionW Kenny Nward Precinct 3 VoL ✓'�� Pg._ 120 15_017 (I Plan Assessment for Plan Year 2016 Brazos County — 120 Participation Date— 111!1968 It's that time of year again — time to look at your TCDRS retirement plan and decide whether or not your benefits meet your workforce needs and budget. This plan assessment will give you an overview of the benefits you provide as well as how much it will cost to provide these benefits in the upcoming plan year. 2016 Plan Basic Plan Options �— Employee Deposit Rate 7% Employer Matching 225% Prior Service Credit 120% Retirement Eligibility Age 60 (Vesting) 8 years of service Rule of 75 years total age + service At Any Age 30 years of service Optional Benefits Partial Lump -Sum Payment at Retirement No Group Term Life None Retirement Plan Funding Normal Cost Rate 7.45% UAAL/(OAAL) Rate 5.80% Required Rate 13.25% Elected Rate 14.00% Total Contribution Rate f _ Retirement Plan Rate 14.00% (greater of required or elected rate) Group Term Life Rate N/A Total Contribution Rate 14.00% Valuation Results (as of Dec. 31, 2014) 1 Actuarial Accrued Liability $145,013,194 Actuarial Value of Assets $122,554,235 Unfunded Actuarial Accrued Liability $22,458,959 Funded Ratio 84.5% Notes: Buyback adopted 1991 Last COLA 2008 7 Duane Peters Date 800-831.3843 * TCORS.ORGEMVLOYER I County Judge 4/7/2018 Vol. _,gv_,�X pg."� 1' Brazos County � tk Job Description Last Updated: September 2012 Class Number: 211 Title: Pay Group: 22 Department: FLSA Status: Not Covered Reports To: Approved Date: 10101/2012 EEOC Category: Admin. Assistant (County Judge) County Judge County Judge Office and Clerical '7emp>deviaim 1.2080152a12 Pas�� I General Summary: Provides administrative assistance to County Judge; prepares, posts, and distributes agendas for Commissioners Court meetings, attends Commissioners Court meetings; drafts various correspondences for County Judge; coordinates schedule for County Judge, approves purchase orders and requisitions; and orders office supplies and equipment. Represents County Judge at community events; serves as a liaison with local media; and responsible for making decisions and handling all situations which arise. Essential Duties: Prepares, posts, and distributes Commissioners Court agenda; Attends Commissioners Court meetings and provides reference assistance for files and documents; Drafts memos and correspondence for County Judge; Assists Commissioners, County Civil Attorneys, and Budget Office with correspondence, research, and general clerical duties as needed; Establishes and maintains official documents and records in appropriate files on laserfiche; Writes resolutions and proclamations forthe County Judge and Commissioners Court,* Provides general information to the public; Coordinates schedule of County Judge and of those appeadng before the court; Represents County Judge/County at community event; serves as spokesperson on behalf of County Judge; Serves as liaison with local media; Performs special projects and conducts research and analysis for the Judge and/or other department as assigned; Responsible for making decisions and handling all situations which arise; requires tad, diplomacy, and maturity, Orders office supplies and equipment Approves purchase orders and requisitions on behalf of the Judge; Assist County Judge in preparing office budget; and Performs other administrative functions as needed; Supervises any support staff underthe direction of the County Judge; May be asked to attend corporation, board, or committee meetings to take notes and prepare minutes; Represent the Judge at community event and acts as a liaison with local media. Other Duties as assigned. (1 %) Supervision Education Experience Received: County Judge Given: This is a supervisory position. Required: Preferred: High school graduation orb equivalent. Required: At least five years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Vol. O9 Pg. Physical Demands Typical' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job Include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Standard office practices and procedures, and bookkeeping procedures. Operate computers, including word processing software; read and Interpret manuals and memos; perform math to balance accounts; write leaers, memos, and telephone messages; manage time effectively; understand and follow instructions: operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical; The work environment charaderisbcs described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a par of a team; to perform multiple tasks simultaneously, and to switch from one task to another. The employee Is occasionally required to perform tedious and exacting work, and to work under time pressures to meet deadlines. Duane Peters Date County Judge Vol. 4.,iE OF. �$, T S fill i y.QA'xo Hh gFP Brazos County Job Description Last Updated: September 2015 Template Revision 1.208115/2012 POs• 1 Class Number: 429 Title: Front Office Assistant Pay Group: 09 Department: District Attorney FLSA Status: Non Exempt Reports To: Asst. District Attorney Approved Date: 09104/2015 EEOC Category: Office and Clerical General Summa : Answering a multiple line phone system, assist anyone that enters our office and perform basic secretarial duties. Essential Dutmultiies: Answering a_line phone system, transfer calls appropriately, assist anyone that comes into the office, answer any questions they may have and direct them to appropriate people; Responsible for dispersing all outgoing mail and interoffice mail, retrieving all incoming mail and interoffice mail and making sure it gets to appropriate people, distribute any paperwork that is dropped off in our office to the appropriate people; Responsible for all incoming faxes and dispersing to appropriate people; Keep all office phone lists updated with current information, including defense attorney phone list, document all vacation notices in the binder, and post all office information on the bulletin board; Keep all supplies stocked in front area if something needs to be ordered notify the office manager, keep coffee and condiments stocked; Maintains calendar for grand jury room scheduling; Keep front lobby neat; Fax or email PC statements to defense attorneys as requested; Assist anyone who calls regarding hot checks in the amount of $2500 or more, give them the packet and explain the process; Receive misdemeanor files from CA's Office when the defendant also has a felony case, make a new file with green card, document in master event log and give new file to appropriate court secretary. Other Duties as assigned. 1 %) Supervision Received: From Asst. District Attorney Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least one year of experience. Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Vol. Pg, Ph sical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: State and county laws and statutes; legal procedures; computers; and standard office practices and procedures. Operate computers, including performing word processing functions; read and understand manuals, letters, and memos; write letters, memos, and telephone messages; operate office equipment, such as 10 -key calculator, copy machine, and facsimile machine; excellent communication skills, both in person and over the phone, multi -task and maintain effective working relationships with co-workers, including the public and handle stress in a professional manner. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is constantly required to perform multiple tasks simultaneously, and to work closely with others as a pad of a team. The employee is frequently required to work under time pressures and to perform tedious and exacting work. The employee is occasionally required to switch from one task to another. The employee may experience varying periods of idle time interspersed with emergencies requiring intense concentration. The noise level in the work environment is usually moderate. A� Vi' �f Duane Peters Date County Judge Vol. Brazos County Job Description Last Updated: September 2012 Hoc oltA lsAcrn Template Revision 1.2081158012 &1'41 71 Class Number: 832 Title: — Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 1 09 i Department: Exposition Complex J FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date: — i 10/01/2015 EEOC Category: Service / Maintenance i Position End Temporary Date: 09/30/2016 Employee Signature: General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. i Essential Duties: - - --_ - _ _. - -- -- - .-- - ---- - � Operates light— to — moderate equipment such as tractors with Implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse ' stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed: Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc., Communicates with Exposition Complex administrative assistantisecretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned _(1%) Supervision Received: Event Supervisor, Event Coordinator 8 All Managers � Given: This is a non -supervisory position. Education --T Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Experience ReQUlred' At least one year of related work experience Certificates, Licenses, Registrations Required: None -I._ Preferred: a Vol. _� Pga Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job Include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. I � Work Environment _ Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable 1 individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather . conditions. Duane Peters Date County Judge - Vol. Brazos County Job Description Last Updated: September 2012 N-iClue-KA e urns Template Revision 1.2 0811512012 eos. Is Class Number: 1 832 Title: I Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 09 Department: Exposition Complex P: , FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers } Approved Date: 10/01/2015 EEOC Category: ! Service / Maintenance —� I I Position End i Temporary Date: 09/30/2016 Employee Signature: General Summary: ___ Performs and monitors daily operational responsibilities Including janitorial duties responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets upltears down rodeo equipment, horse stalls, cattle ties, panels and pens, Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs 1 floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors i in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. I Other Duties as asslgned_(1%) Received: Event Supervisor, Event Coordinator & All Managers Given: I This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Experience Required: I At least one year of related work experience. i __ .. ._._____-. Certificates_—, Licens–es, Registrations Required: None Preferred: a FO::: Pg, ,_.._"r, Physical Demands I TypiCal: The physical demands described here are representative of those that must be met by an employee to I successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach withlhands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities_ required for this job include close vision, distance vision, and the ability to adjust focus. I Safe operation of custodial and maintenance equipment, including the sate use or commercial cieamng chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment I and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability I to perform physical and strenuous work; and an ability to understand and follow Brazos County safely policies. Work Environment _ TypiCal: The work environment characteristics described here are representative of those an employee encounters I while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform I multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. P VED Duane Peters Date County Judge Brazos County Job Description Last Updated: September 2012 Robed cm, Template Remon 1.2 CWIW012 pa-- 9 Class Number: 832 Title: Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 09 l Department: I Exposition Complex _ — FLSA Status: Non Exempt } Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date: 10/01/2015EE OC Category: Service/ Maintenance Position End Temporary 09/30/2016 Employee i Date: Signature: General Summary_ Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Operates light to moderate equipment such as tractors with implements, forklifts and skid steer loaders; Sets upitears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned. (1I%) This is a non-su erviso Given: P ryosition. P Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: 'Experience Required: At least one-year of related work experience. Certificates, Licenses, Registrations -- Required: None. Preferred: fence In operating a tractor and/or related equipment is I referred. �2 Pg.�O -- — Physical Demands_ Typical: F1.7II9M The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with'hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Typical: Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. Work Environment ' Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. P VED Duane Peters Date., County Judge Class Number: 832 1 Title: Brazos County TomPlxte Rnvision 12 Oen SI2of4 Pay Group: Job Description ¢ S I 1 Department: Last Updated: September 2012 ov Non Exempt Class Number: 832 1 Title: I Temporary Attendant, Building & Grounds (1040 hrs.) Pay Group: 09 1 Department: Exposition Complex FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator & All Managers Approved Date: 10/01/2015 EEOC Category: Service / Maintenance Position End 09/30/2016 Date: Temporary p I Employee Signature: — L. General Summary: Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: Operates light to moderate equipment such as tractors with implements, forkliffe aand skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets upitears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistantisecretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for pad -time and/or temporary building attendants/staff. Other Duties as assigned_ (1 %) Supervision -- --- i ---- _---- - — -- ----- RnrnEvent Supervisor. Event Coordinator & All Manaqers Given: 1 This is a non -supervisory position. Required: I Hlgn school graduation or its equivalent; or any equi provides the required knowledge, skills and abilities. Preferred: Experience _ Required: At least one year of related work experience. Certificates, Licenses, Registrations _ _ _ I Required: None. Preferred:) a - Vol.Sp Pg.'—Z-- Physical Demands TyplGal: �! The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable 1, individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend ! and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must • frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific ! ! vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: i Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment I and supplies; ability to make minor repairs; ability to communicate and work effectively with cc -workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safely policies. Work Environment Typical The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather i conditions. Duane Peters County Judge Vol. �`� pg SIJ'— l,v Brazos County •Job Description "H Last Updated: Template R.ml.n 12 08/152012 roS. -#—I Class Number: 1 2355 Title: Clerk, Temp -Tax Office Pay Group: 06 C I Department: Tax Assessor/ Collector FLSA Status: Non Exempt - Reports To: Tax Assessor/ Collector A roved Date: PP �- — -- EEOC Category:10ffice --- ---� ------ and Clerical Position end Temporary Date: 09/30/2016 Employee Signature: .,, LlIt V vgII me unler uepury. Please refer to T Office Organizational Chart. Assists the public In person, by telephone, and by mail concerning department information, researching records, filling out forms, and resolving relevant problems; Performs generalclerical duties as required, including 51ing, scanning, indexing, recording information, and making copies. Property Tax.Clerk Receives and processesproperty tax payments In person, and through mail. Assists taxpayers with,questions and general information on payment of taxes, homestead eligibility, trustlpayment agreements and processes requests for tax ceAificates. Must assist with refund/overpayment documentation. Assists with beer and liquor license renewals by verifying tax information. Assists bookkeeping departmentwith cash balancing duties. Balances cash drawer with work on a daily. basis. Assists supervisors with balancing and reporting duties for various taxing jurisdictions. Must maintain a current knowledge of Texas Property Tax Code, Motor Vehicle Clerk Processes vehicle registration applications, including receiving payments and issuing stickerfreceipts. Processes vehicle title transfers, including assisting customers with required documentation and examination of title paperwork for accuracy and completion. Processes various permit applications. Assists with processing beer and liquor license renewals, Including receiving payments and Issuing receipts. Assists bookkeeping department with cash balancing duties. Must maintain current knowledge of Texas Transportation Code as it affects registration and title processes. Voter Registration Clerk Processes voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and Information to public. Updates voter information including name and address changes, deletion of voters no longer eligible, and processes and tracks convictedfelons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos,County. Deputizes volunteer deputy voter registrars and tracks and documents assignedinventory. Assists with the switchboard and with processing county. mail. Must maintain current knowledge of the Texas Election Code as It affects Voter Registration processes. - Vol. _� _.. pg. --- Received ------ ---------------- Thfs is a non-su erviso -- — --"---------- p ryposdion. - --- — —`-------------------- I GiVeO: 1---_ Education - Required: --- -- ---- -- ---------�--- High schoobgraduation.or its equivalent, plus at least six months Hce- experience, or any equivalent --I combination of education and experience which providestherequired knowledge, skills; and abilities. - --� Preferred: ----------- - Experience ------------------------------ Required: .-_. - — _--_ To perform this job successfully, antl llndividual must be able to perform'each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability requiredReasonable , accommodations may be made to enable individuals with disabilities to .pertortn the essential functions. Preferred: --- ---- -- Vol. _� _.. pg. Certificates; Licenses,. Registrations �I j Required: I None Preferred: Typical: .i ne.pnystcai oemanas aescrioea nere are representative. or inose mat must oe met oy an employee to successfully.perforim the essentialfunctions of this job. Reasonable.accommodations maybe made to enable Individuals with disabilities to perform the essential functions. While'perforrning the duties of this job; the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is.required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20.pounds, such as books and stacks of records. Specific vision abllilies required by this job Include close vision, -distance vision,and ability tcadjust focus. Typical: Standardoffice pract ces and procedures, including handling cash and making change Opera - and standard office equipment read and understandmanuals, journals, policies and procedur, memos; write form letlem' memos, and accurate telephone messages;: perform baslc niMhemi calculations Including.making change; communicate effectively, both orally and in writing; and effective working relationships with co-workers and the general public - - While performing.the essential functions of this job.Reasonable accommodations maybe made to enable -Individuals with, disabilities to perform the essential functions. The noise level in the work environment is usually. moderate. The emploto yee is constantly required .work closelywith others as a part of a team; to perform .tedlous, exacting work, and t6 switch from one taskto another., The employee is frequently required to perform :multiple tasks simultaneously, -and to work under time pressures tomeet deadlines. Duane Peters to I County Judge Date F ol.:T Pg• 5 jo^Brazos County Template R.mien 1.2 aW152012 Job Description PDs2 Last Updated: Class Number: 2355 Title: Clerk, Temp -Tax Office Pay Group: 06 Department: Tax Assessor/ Collector FLSA Status: Non Exempt Reports To: Tax Assessor/ Collector Approved Date: EEOC Category: Office and Clerical Position End Temporary Date: 09/30/2016 Employee Signature: General Summary: Performs a variety of clerical and cashier duties for the Tax/Assessor collector's Office. Essential Duties: Other duties may be assigned. NOTE: All Tax Office Employees report to the Tax Assessor/Collector through the Chief Deputy. Please refer to Tax Office Organizational Chart. Assists the public in person, by telephone, and by mail conceming department Information, researching records, filling out forms, and resolving relevant problems; Performs general clerical duties as required, Including filing, scanning, indexing, recording Information, and making copies. Property Tax Clerk Receives and processes property tax payments in person, and through mail. Assists taxpayers with questions and general information on payment of taxes, homestead eligibility, trust/payment agreements and processes requests for tax certificates. Must assist with refund/overpayment documentation. Assists with beer and liquor license renewals by verifying lax information. Assists bookkeeping department with cash balancing duties. Balances cash drawer with work on a daily basis. Assists Supervisors with balancing and reporting duties for various taxing jurisdictions. Must maintain a current knowledge of Texas Property Tax Code. Motor Vehicle Clerk Processes vehicle registration applications, including receiving payments and issuing sticker/receipts. Processes vehicle title transfers, including assisting customers with required documentation and examination of title paperwork for accuracy and completion. Processes various permit applications. Assists with processing beer and liquor license renewals, including receiving payments and issuing receipts. Assists bookkeeping department with cash balancing duties. Must maintain current knowledge of Texas Transportation Code as it affects registration and title processes. Voter Registration Clerk Processes voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and information to public. Updates voter information including name and address changes, deletion of voters no longer eligible, and processes and tracks convicted felons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos County. Deputizes volunteer deputy voter registrars and tracks and documents assigned inventory. Assists with the switchboard and with processing county mail. Must maintain current knowledge of the Texas Election Code as it affects Voter Registration processes. Other Duties as assigned. (1%) Supervision Received: Given: This is a non -supervisory position. Education Required: High school graduation or Its equivalent, plus at leas) six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Voi• _-62�� Certificates, Licenses, Registrations Required: None preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of thisjob, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Speck vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Standard office practices and procedures, including handling cash and making change. Operate computers and standard office equipment; read and understand manuals, journals, policies and procedures, and office memos; write forth letters, memos, and accurate telephone messages; perform basic mathematical calculations, including making change; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. PRO Duane Peters Date County Judge Vol. p9 517 SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND . BRAZOS COUNTY OAG Contract No. 1659358 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 assist Texas counties and other entities in maintaining 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 makes 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 OAG exercised its option and extended the term until August 31, 2017. 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, 2015 and shall terminate August 31, 2016, 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 Vendor Certification documents. The Services Agreement will include terms and conditions that SAVNS Contract -FY 2016 Page I of 18 are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified 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 term 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 Stakeholder 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 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 SAVNS Contract - FY 2016 Page 2 of 18 Vol. Pg. 2, 52 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. 4.1.3 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 but is not limited to the following: 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. The systems must 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 SAVNS Contract - FY 2016 Page 3 of 18 such records and other information. 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 Lou' 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, 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 SAWS Contract - FY 2016 Page 4 of 18 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 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, 2016, GRANTEE will submit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. 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 titin will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of 2 CFR 200 titled Uniform Administrative Requirement (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, 2015. 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 SAVNS Contract - FY 2016 Page 5 of 18 Vol. pg._S� the next month following the end of each quarter. The quarters for FY2016 end on November 30, February 29, 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. 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 FY2016 for invoices received from the GRANTEE that 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 5'h 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 CAG will process payment in accordance with Section 4.3.5 (f). It. 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 SAVNS Contract - FY 2016 Page 6 of 18 I Vol. ag c2V P9._o_2s� 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. 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 will maintain , 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 must 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 or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any SAVNS Contract - FY 2016 Page 7 of 18 vol. _'�z zv- Pg. 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 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 its 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/or the Certified Vendor to refund all 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. SAVNS Contract - FY 2016 Page 8 of 18 Vol. 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 enable the OAG to verify all reporting treasures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG'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. This includes but is not limited to any daily activity reports, ime 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. SAVNS Contract - FY 2016 Page 9 of 18 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 Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State 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 State 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. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The GAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet 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-Grants@texasattomeygeneral.gov If requested or approved by the OAG, other programmatic reports may be submitted to: SAVNS Contract - FY 2016 Page 10 of 18 Vol. -a_c� Pg.S_% Program Manager— Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78 71 1-2548 8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager— Contracts and Asset Management 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. CORRECTIVF 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 of monitoring visits; require 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. SAVNS Contract - FY 2016 Page I 1 of 18 ryo:l a:17y pg. z��. 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. 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 l0. GENERAL TERMS 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, CFR 200 Super Circular, 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 CFR 200 Super Circular, 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 agreed to by the OAG, in advance. 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 SAVNS Contract - FY 2016 Page 12 of 18 Vol. presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an 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. 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 federal governmental bodies related to GRANTEE'S right to conduct its 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 Il. 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 SAVNS Contract - FY 2016 Page 13 of 18 Vol. _�oC pg. "-/0._,. 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 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 finding 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. Il 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 SAVNS Contract - FY 2016 Page 14 of 18 Vol. _� � Pa,�Z/ _ 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. 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 U.S. Department of Homeland Security's E -Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security's E -Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be working on any matter covered by this agreement. 11.12 Special Conditions. Exhibit B is attached 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 AMENDMENTS 12.1 Construction of Contract. The provisions of Section i 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. SAVNS Contract - FY 2016 Page 15 of 18 F071 _a2 p y_ Pg. f I z 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 Parties 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. 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 parry'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 BRAZOS COUNTY GENERAL Printed Name: Office of the Attorney General SAVNS Contract - FY 2016 Page 16 of 18 1; ) Printed Name: i to Ike Authorized Official (5v n judge, FV071 " V . pg. SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY EXHIBIT A Population Size: Large OAG Contract No. 1659358 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 2016 Page 17 of 18 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 2016 Page 17 of 18 SAVNS MALNTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1659358 1-5 �_._I_ t _ t 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 2016 Page 18 of 18 EVol. `� PJ'�__S__. 13 STATE OF TEXAS § COUNTY OF WALKER § GULF COAST TRADES CENTER CONTRACT FOR RESIDENTIAL SERVICES Contract Term: October 1, 2015 — September 30, 2016 The BRAZOS County Juvenile Services Department collectively referred to as "Juvenile Probation" and Gulf Coast Trades Center, Inc., 143 Forest Service Road #233, New Waverly, Texas 77358, hereinafter called the Service Agency, by this agreement and in consideration of the mutual promises set forth below, have agreed as follows: 1. SERVICES Service Agency will provide the following services: A. Room B. Board C. Clothing, Personal Hygiene Items, Hair Cuts D. Supervision by Qualified Adults E. Casework Services F. Counseling Services G. Individualized Program Plan H. School I. Vocational Training II. FEES A. Levels of care and services to be provided at each level are those defined in the Texas Health and Human Services Commission rate schedule for Purchase of Services. These fees do not exceed the maximum rates allowed in the latest Texas Juvenile Justice Department/Health and Human Services Maximum Rate Schedule. For and in consideration of the above mentioned services, the Juvenile Probation agrees to pay the Service Agency: Moderate Level (LOC 3 & 4M) Facility $103.03 per day Specialized Level (LOC 4S) Facility $148.11 per day In the event the per diem rate schedule changes, the amended rates shall be honored without amendment to the agreement. / Page 1 of 8 Vol. _ �� _ Pg. G B. Recognizing that part of a client's rehabilitation program may include time away from the residential setting of the Service Agency prior to the client's re-entry in the community, and that the Service Agency must retain space for this client until his return, Juvenile Probation will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days at any one time. (Students, if eligible, and approved by the Chief Juvenile Probation Officer is allowed an authorized paid furlough to do job search and obtain employment applications prior to completion of the program.) C. If a client makes an unauthorized departure from the Service Agency, Juvenile Probation shall be notified immediately. If the client returns to the Service Agency within ten (10) days, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days payment. D. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations; however, every effort should be made to reconcile the incident to both parties' satisfaction. E. Payment is to be made monthly, or at the termination of the residential period of the client, if sooner. Claim for payment will be submitted by Service Agency no later than ten (10) days from the last day of the month for which payment is being requested. III. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Individualized Program Plan (IPP) developed in concert with the youth and mutually agreed upon by the appropriate Service Agency staff and the assigned personnel. A copy of the IPP shall be sent to the assigned personnel no later than six weeks after placement. B. The IPP shall contain the reasons why the placement will 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 Service Agency placement; and shall state how, if at all, the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the juvenile's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Juvenile Justice Code. C. The goals in the IPP shall be reviewed jointly by the appropriate Service Agency staff, the juvenile, and the assigned personnel staff at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the Page 2 of 8 Vol. Pg,_ 2 % . IPP being made when needed. Copies of the IPP and the periodic reviews are to be maintained by the Service Agency and the appropriate personnel staff. D. The Service Agency shall remain in telephone contact with assigned personnel staff regarding client's progress and provide a written report of progress upon request, but no less than one time per month. E. If a client in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in a disruptive incident, the Service Agency shall notify the client's probation officer or other probation staff within a twenty four hour period following the incident and ensure that parents, proper authorities, the Texas Department of Protective and Regulatory Services, or the police are notified if appropriate. A written incident report and/or police report will be sent to the assigned probation officer no later than five (5) working days after the occurrence. F. Juvenile Probation reserves the right to terminate the client's placement at the Service Agency at its discretion. The Service Agency will not release the client to any person other than Juvenile Probation without the express consent of appropriate personnel. G. The Service Agency will obtain prior approval from appropriate personnel before the client's participation in any furloughs, home visits, or extended agency trips. H. Unless otherwise stipulated by Juvenile Probation, the client may visit freely with parents and relatives at the Service Agency in accordance with established Service Agency policies, procedures, privileges and level system. IV. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Contract and to review Juvenile Probation juvenile records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews and the administration of questionnaires to the staff of the Service Agency and the client when deemed necessary. B. The Service Agency agrees to maintain and make available for inspection, audit or reproduction by an authorized representative of Juvenile Probation and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. Gulf Coast Trades Center utilizes Generally Accepted Accounting Principles in all its financial transactions. Page 3 of 8 Vol.�i pg o�E C. The Service Agency agrees to maintain these records for seven (7) years after the final payment or until the state -approved audit has been made and all questions there from are resolved. D. Service Agency 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 auditor or investigation, including providing all records requested. Service Agency 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. E. The Service Agency shall use Generally Accepted Accounting Principles (GAAP). V. GOALS, OUTPUTS, AND MEASURABLE OUTCOMES A. The Service Agency agrees to pursue the goals and values of the Juvenile Probation through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through provision of a safe, drug free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. B. The Service Agency shall provide the Juvenile Probation, within ten working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: 1. Average length of stay of clients. 2. Specific types of milieu implemented by the Service Agency. 3. Average number of counseling hours provided each client daily, weekly, or monthly. 4. Number and types of reporting measures. C. The Service Agency agrees to fumish Juvenile Probation, within ten working days, annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes may include: The percentage of clients successfully completing the program. 2. The percentage of clients who are re -unified with family or guardians. Page 4 of 8 Fy-o7l � pg. a a y, The percentage of youth who were placed on jobs. VI. DEFAULT A. Juvenile Probation may by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances. If the Service Agency fails to perform the work called for by this Contract within the time specified herein or any extension thereof; or 2. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract in accordance with its terms and in either of these two circumstances does not cure such failure within a period of ten (10) days for such extension as authorized by County Juvenile Probation Department, in writing after receiving notice of default. VII. LICENSING A. The Service Agency shall be licensed by the Texas Department of Protective and Regulatory Serviccs for those programs which arc under the licensing authority of the Texas Department of Protective and Regulatory Services. B. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards and shall provide copies of the most recent report to the county probation department upon request. VIII. FEE ASSESSMENT A. Clients nor their families will be assessed fees for services by the Service Agency. This does not preclude reasonable attempts to seek voluntary contributions from families of County juveniles for donations of clothing, personal articles, and funds to assist in support of a client's rehabilitation. B. Under Section 231.006, Family Code, the Service Agency certifies that the individual or business entity named in this contract is not ineligible to receive the specific grant or payment and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. C. The Service Agency will adhere to all applicable state and federal laws and regulations pertinent to the contractor's provision of services. Page 5 of 8 Vol s/-- pg.. -� 7 U- D. The Service Agency shall account separately for the receipt and expenditure of any and all funds, including those from the Texas Juvenile Justice Department received under this contract. E. Under Provision 4.11.2.4 from the Texas Juvenile Justice Department, payment for services rendered may be paid partly or wholly with Texas Juvenile Justice Department State Funds. DC. TERMINATION A. This contract may be terminated without fault or cause by either party by giving at least ten (10) days written notice of the intention to terminate by certified mail, facsimile transmission, or personal delivery to the other party. X. INDEMNITY AND HOLD HARMLESS A. Gulf Coast Trades Center shall indemnify and hold Juvenile Probation harmless from and against any and all loss, claim damage liability fee or expense (including reasonable attorney fees) arising or alleged to arise from any act or omission of Contractor or any of its agents, servants, employees, and subcontractors. The foregoing indemnify shall survive the termination of this contract. XI. MEDICAL A. The Referral Agency agrees that it shall be liable and responsible for the client's emergency medical and dental costs encumbered during the client's stay at the Service Agency. The Referral Agency will only be liable for the client's non- emergency medical and dental costs of the Service Agency unless it seeks and obtains approval from Referral Agency prior to incurring such costs. The Service Agency agrees to notify the Referral Agency of any unusual medical costs to be incurred. The Service Agency will accept Medicaid eligible clients. The Service Agency will apply for Texas Juvenile Justice Department Medicaid for each child entering the program when applicable. XII. CONFIDENTIALITY OF RECORDS 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. Page 6 of 8 Vol. _ . Pg._v��/ XIII. EQUAL OPPORTUNITY A. Services shall be provided by the Referral Agency in full compliance with all civil rights laws and regulations, and that there shall be no discrimination of race color, creed, sex, national origin, religious preference, in performance of any and all duties outlined by this Agreement. All programs and services provided by the Referral Agency under this Agreement shall be provided in accordance with Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C.2000 (d)), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 3 et seq.), Age Discrimination Act (42 U.S.C. 6101 et seq.) and all federal rules and regulations, state laws and executive orders as applicable. XIV. TERM A. The initial term of this contract will begin on October 1, 2015 and terminate on September, 2016. XV. Prison Rape Elimination Act (PREA) A. Service Provider shall comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all 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. B. Under PREA, Service Provider shall make available to the Chief Juvenile Probation Officer all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §115.387 E and (Q) Gulf Coast Trades Center, Inc. Dale Underwood, Ed.D. Date Executive Director Page 7 of S Vol. ' Pg._�%� BRAZOS County Juvenile Probation Douglas Vance, Ph.D. Chief Juvenile Probation Officer Date BRAZOS COUNTY COMMISSIONERS COURT ON 1 20 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN AL. Date: Duane Peters, County Judge Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 7 Page 8 of 8 E . Pg. -'Z- CONTRACT FOR RESIDENTIAL SERVICES I 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 Inter -local 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, 2015 to August 31, 2016. It may thereafter be renewed annually at the discretion of Grayson County Juvenile Board. Page 1 of 11 Vol. _';W pg,-,ZL. H. 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: MRT®, 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 1 Fyo L -Pg professional staff. 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 seven (7) 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 11 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 & Post) General $103.00 Specialized Residential $148.00 Psychiatric Medical Review COST Psychological Counseling $72.00 hr, individual $28.00 hr. group Psychological Full Battery) $600.00 LPC Psychological 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 1 I Vol. _ �—/ _ Pg. .2, J 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 5 of 11 Vol. 7V pg -1-7% 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 office, have said child immediately removed and transported from the Facility by a juvenile probation, detention officer or transport officer of Brazos County. If Brazos County fails to remove such child within 24 hours of said notification, Grayson County shall transport said child to Brazos County Juvenile Court Judge or designated juvenile official and Brazos County shall reimburse Grayson County 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 Vol. _441 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 party in writing at the addresses specified herein for delivery of notices, by certified mail, return receipt requested or by personal delivery at said addresses of the terminating party' s intention to terminate the contract thirty (30) calendar days after receipt of notice. At the end of the 30 -day period, this contract shall terminate and become null and void and be of 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. � �� p9•-�� 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 Services 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 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 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, Page 9 of 11 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. XIX WAIVER OF SUBROGATION Grayson County, Texas 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 Brazos County. Grayson County, Texas also waives any rights it may have to indemnification from Brazos County. XX SOVEREIGN IMMUNITY This contract 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 contract is in any way intended to constitute a waiver or any immunities from suit or from liability that Brazos County has by operation of law. XXI INSURANCE PROVIDER SHALL carries sufficient insurance to provide protection to Brazos County under the indemnity provisions, as well as for any potential liabilities that arise from or related to this contract. Executed in duplicate originals this _ day of 2015. GRAYSON COUNTY Department of Juvenile Service Bill C. Bristow, LMSW-AP Director Brazos County Juvenile Probation Department Doug Vance, PhD Director Date: Date: Page 10 of 11 Vol._�� _ pa�� BRAZOS COUNTY COMNUSSIONERS COURT ON , 20 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Duane Peters, County Judge Date 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Page 2 of 11 Vol. _ 1` fig_ -- JTE X As ASSOCIATION Of COUNTIES *RISK MANAGEMENT POOL 5-000U41,*!" 0 Law Enforcement Liability Contribution & Coverage Declarations Named Member. Grayson County Juvenile Board Address: 86 Dyess St, Denison, TX 75020-9425 Coverage Document Period: January 01, 2015 through January 01, 2016 This Contribution & Coverage Declarations (CCD) is part of the Coverage Documents between the Texas Association of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, definitions, exclusions, and sublimits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreement (IPA). LAW ENFORCEMENT LIABILITY - BPI Law Enforcement Liability January 01, 2000 $2,000,000 Per Claim $10,000 $11.042 $2,000,000 Aggregate Criminal and Malicious Acts and Omissions January 01, 2000 Included Punitive Damages - within Limits of Liability January 01, 2000 Included Optional Coverage , Additional Punitive Damages - Increased Limits up to $1,000,000 in excess of the January 01, 2013 $1,988 $2,000,000 Per Claim and Aggregate Limits CoverediLaw Enforcement D A' epa gy 4?��nt; Grayson County Department of Juvenile Services Members of the Grayson County Juvenile Board Cooke, Fannin & Grayson County Juvenile Detention Center Grayson County Juvenile Boot Camp Grayson County, with respect only to the operation of the Grayson County Department of Juveniles Services Cooke, Fannin & Grayson County Pre and Post Adjudication Facilities LAW WEM TOTAL CONTRIBUTION -' This is not an invoice. An invoice will bsubmitted b;—nitte; t6 the Pool Coordinator. Vol. —�- =—P g INOTICE OF ACCIDENT/CLAIM Notice of an accident or claim (including service of process, if any) is to be delivered immediately to the Pool via the Texas Association of Counties Claims Department at: Texas Association of Counties Attention: CLAIMS P. O. Box 2131 Austin, Texas 78768 Fax Number: 512-615-8942 Email: claims-cs@ccunty.org Any notice of claim and/or related documents should be mailed to the above immediately or by fax or email a . 60 11911 Coverage: This CCD is to outline limits, deductibles, and contributions only. All coverage is subject to the terms, conditions, definitions, exclusions, and sublimits described in the Coverage Documents, any endorsements, and the IPA. Claims Reporting: The Named Member shall submit claims to the Pool as set forth in each applicable Coverage Document or as otherwise required by the Pool or state law. Failure to Maintain Coverage: The Named Member's failure to maintain at least one coverage through the Pool will result in the automatic and immediate termination of the IPA. Named Member Compliance: By executing the IPA, the Named Member agrees to comply with and abide by the Pool's Bylaws, applicable Coverage Documents, and the Pool's policies, as now in effect and as amended, Payment of Annual Contribution: The Named Member shall pay contributions as outlined on invoices and as per the terms of the IPA. Pool's Right to Audit: The Pool has the right, but no obligation, to audit and inspect the Named Member's operations and property at any time upon reasonable notice and during regular business hours, as the Pool deems necessary to protect the interest of the Pool. Pool Coordinator: The Named Member shall appoint a Pool Coordinator. The name of the Pool Coordinator and the address for which notices may be given by the Pool shall be set forth in the space provided at the end of the IPA. The Pool Coordinator shall promptly provide the Pool with any required information. The Named Member may change its Pool Coordinator and the address for notice by giving written notice to Pool of the change before the effective date of the change. Any failure or omission of the Named Member's Pool Coordinator shall be deemed a failure or omission of the Named Member. The Pool is not required to contact any other individual regarding the Named Member's business except the named Pool Coordinator unless notice or contact to another individual is required by applicable law. Any notice given by Pool or its contractor to the Pool Coordinator or such individual as is designated by law for a particular notice, shall be deemed notice to the Named Member. Submission of Information: The Named Member shall timely submit to the Pool documentation necessary for the Pool to use to determine the risk to be covered for the next renewal period and to properly uriderwrite the risk exposure. The Pool will provide forms identifying the information requested. Termination and Renewal: The coverage outlined in this CCD may be terminated or not renewed by either party as outlined in the IPA or applicable Coverage Document. Termination for Failure to Pay: Notwithstanding any other provision in the IPA, if any payment or contribution for coverage owed by the Named Member to the Pool is not paid as required by the IPA, the Pool may cancel coverage or terminate coverage and the IPA, as the Pool deems appropriate, in accordance with the Pool's Bylaws and the Texas Association of Counties Grayson County Juvenile Board Risk Management Pool Member Number: 0911 November 20. 2014 Coverage Number. LEL 0911 2015 01 01 Pace 2 of 3 V6I.O F0g,O applicable Coverage Document. The Named Member shall remain obligated for such unpaid contribution or charge for the period preceding termination. :JtQ E1 01 • c� This Contribution & Coverage Declaration is issued by Q as authorized representative of the Pool on November 20, 2014 at Austin, TX. Texas Association of Counties Risk Management Pool November 20. 2014 Grayson County Juvenile Board Member Number: 0911 Coverage Number: LEL 0911 2015 0101 Page 3 of 3 vol. �� Pg, � SECOND RENEWAL TO LEASE AGREEMENT MI W CAN FIRE STATION This Second Renewal to Lease Agreement ("Sewnd Renewal") is made and executed by and between BRAZOS COUNTY EMERGENCY SERVICES DISTRICT Ol, P.O. Box 244, Wellborn, Texas 77881, as 'Lessor', and BRAZOS COUNTY, TEXAS, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, w "Lessee". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ("Lease) on October 16,2012; and WHEREAS, the Lease provides for one (1) additional renewal term of one (1) year, effective on October 1 of the year of renewal; and WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and the subsequent renewal tern In the amount of $100.00, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2014 and terminating on September 30, 2015; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This second renewal term ("Second Renewal Term") shall be effective October 1, 2014 and will terminate September 30, 2015. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this Second Renewal. If there are any conflicts between this Second Renewal and the Lease, the terms of this Second Renewal Will control. This Second Renewal Term shall be conditioned on the same terms set forth In the Lease, save and except those terms that are amended herein. 2. Rent. The fixed monthly rental for the Second Renewal Term of the Lease is $100.00 per month, payable on the first day of each month for the Second Renewal Term of the Lease. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This Second Renewal and all other copies of this Second Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Second Renewal may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Second Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. S. This Renewal shall be effective for all purposes as of the date set forth below. VOL any' - . pg,.� Z cl 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Second Renewal must be in writing. Any notice required by this Second Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Second Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Second Renewal by Lessor or Lessee. c. Severability. The provisions of this Second Renewal are severable. If a court of competent jurisdiction finds that any provision of this Second Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this of Y 205 Attest: Lessor: BRAZOS COUNTY EMERGENCY SERVICE DISTRICT# Name: Title:TCne i Fo o -?- S pg" THIRD RENEWAL TO LEASE AGREEMENT MILLICAN FIRE STATION This Third Renewal to Lease Agreement ("Third Renewal") Is made and executed by and between BRAZOS COUNTY EMERGENCY SERVICES DISTRICT #1, P.O. Box 244, Wellborn, Texas 77881, as "Lessor", and BRAZOS COUNTY, TEXAS, 200 S. Texas Ave., Suite 332, Bryan, Teras, 77803, as "Lessee". RECITALS WHEREAS, the Lessor and Lessee entered Into the original Lease ('Lease") on October 16, 2012; and WHEREAS, the Lease provides for one (1) additional renewal term of one (1) year, effective on October 1 of the year of renewal; and WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and the subsequent renewal term In the amount of $100.00, payable In monthly Installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2015 and terminating on September 30, 2016; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This third renewal term ("ihlyd Renewal Term") shall be effective October 1, 2015 and will terminate September 30, 2016. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this Third Renewal. If there are any conflicts between this Third Renewal and the Lease, the terms of this Third Renewal will control. This Third Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Rent. The fixed monthly rental for the Third Renewal Term of the Lease is $100.00 per month, payable on the first day of each month for the Third Renewal Term of the Lease. 3. No Amendments. Except as expressly modified herein, the Lease Is not amended. 4. Signatures. This Third Renewal and all other copies of this Third Renewal, Insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement This Third Renewal may be executed concurrently In one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Third Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Renewal shall be effective for all purposes as of the date set forth below 6. Miscellaneous Provisions. Notices. Any notice required by or permitted under the Lease or this Third Renewal must be in writing. Any notice required bythis Third Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return recelpt requested, and addressed to the Intended recipient at the address shown In the Lease. Notice may also be given by regular mall, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice Is given. b. Entire Agreement. The Lease and this Third Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Third Renewal by Lessor or Lessee. c. Severability. The provisions of this Third Renewal are severable. If a court of competent Jurisdiction finds that any provision of this Third Renewal is unenforceable, the remaining provisions will remain In effect without the unenforceable parts. Datedthis 1`5 of "Jem(7w 20I Attest: Lessor: BRAZOS COUNTY MERGENCY SERVICE DISTRICTtt By: Na �56�e+..a11-- IC Title; Nt.n'+e FIFTH RENEWAL TO LEASE FOR PRECINCT 1, JUSTICE OF THE PEACE 12845 FM 2154, SUITE 180, COLLEGE STATION, TX This Fifth Renewal to Lease ("Fifth Renewal") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 1105 Peach Creek Road, College Station, TX 77845, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ('lease") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ("First Renewal Term") on August 30, 2011; and, WHEREAS, the Lessor and Lessee entered into a second renewal term ("Second Renewal Term") on October 2, 2012; and, WHEREAS, the Lessor and Lessee entered into a third renewal term ('Third Renewal Term") on September 10, 2013; and, WHEREAS, the Lessor and Lessee entered into a fourth renewal term ("Fourth Renewal Term") on September 16, 2014; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $2,213.50, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the monthly rental amount was later negotiated to $2,130.17 per month; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2015 and terminating on September 30, 2016; and WHEREAS, the Lessor and Lessee have further agreed to amend and replace Paragraph III of the Lease, as set forth in Paragraph 2 below; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This fifth renewal term ("Fifth Renewal Term") shall be effective October 1, 2015 and will terminate September 30, 2016. Additional subsequent renewal terms will be Vol. �- P9, i3__. subject to the terms and conditions of the Lease and the First Amendment. If there are any conflicts between this Fifth Renewal Term and the Lease, the terms of this Fifth Renewal will control. This Fifth Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Rental. Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Fifth Renewal Term of this Lease, and all subsequent renewal terms, if any, at such place as Lessor may from time to time designate $2,130.17 per month, payable in monthly installments on the first day of each month. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This Fifth Amendment and all other copies of this Fifth Amendment, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Amendment may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Fifth Amendment transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Amendment shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Fifth Amendment must be in writing. Any notice required by this Fifth Amendment or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Fifth Amendment, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Fifth Amendment by Lessor or Lessee. c. Severability. The provisions of this Fifth Amendment are severable. If a court of competent jurisdiction finds that any provision of this Fifth Amendment is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this of 2015. Attest: By: E� Lessor: SOUTHWOOD WEST, a Texas general partnership By: V11 - Name: Jeffrey L. McDowell Title: Mgnagin9 Partnpr E0,._o? p9•_,,l -- --- FIFTH RENEWAL TO LEASE FOR PRECINCT 1, CONSTABLE'S OFFICE 12845 FM 2154, SUITE 140, COLLEGE STATION, TX This Fifth Renewal to Lease ("Fifth Renewal') is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 1105 Peach Creek, College Station, Texas, 77845, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ("Lease") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ("First Renewal Term") on September 27, 2011; and, WHEREAS, the Lessor and Lessee entered into a second renewal term ("Second Renewal Term") on September 25, 2012 and amended the second renewal term on October 2, 2012; and, WHEREAS, the Lessor and Lessee entered into a third renewal term ('Third Renewal Term") on September 30, 2013; and, WHEREAS, the Lessor and Lessee entered into a fourth renewal term ("Fourth Renewal Term") on September 16, 2014; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $1,650.00, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2015 and terminating on September 30, 2016; and NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This Fifth renewal term ("Fifth Renewal Term") shall be effective October 1, 2015 and will terminate September 30, 2016. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this Fifth Renewal. If there are any conflicts between this Fifth Renewal and the Lease, the terms of this Fifth Renewal will control. This Fifth Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Lessor's Address. All notices to Lessor and payments of Rent shall delivered to the following address: Southwood West, a general partnership 1105 Peach Creek College Station, Texas 77845 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This Fifth Renewal and all other copies of this Fifth Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Fifth Renewal may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Fifth Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Fifth Renewal shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. Notices. Any notice required by or permitted under the Lease or this Fifth Renewal must be in writing. Any notice required by this Fifth Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the partyto whom notice is given. b. Entire Agreement. The Lease and this Fifth Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Fifth Renewal by Lessor or Lessee. c. Severability. The provisions of this Fifth Renewal are severable. If a court of competent jurisdiction finds that any provision of this Fifth Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this I � of �n YYl �O (, � 20_1�5 Lessor: SOUTHWOOD WEST, a Texas general partnership By: VA - Name: 1p.ffrRV I _ McF SVol. --2 Attest: 6y: eoi 10� Title: Managing Partner vol. pg-�y� L---- AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2015 — September 30, 2016 is Agreement for Animal Shelter Services ("Agreement") is made this 16+41day of 2015 by and between The Aggieland Humane Society, Inc., a Texas non- rofit corporation (herein the "Shelter") and Brazos County, Texas, a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County"). RECITALS Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility'); and Whereas, the County has a need of a facility to house animals, other than livestock, that it takes possession of throughout the County; Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. The County agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the Shelter for periods of time as required by State law and the applicable County orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The County agrees to pay to the Shelter an annual fee of $100,000.00 based upon the term of the Agreement. The fee shall be divided into twelve (12) payments to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred to as 'license fees." The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). 4. The County represents to the Shelter that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this Agreement is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2015 — September 30, 2016 1 Vol. _ PCI. 9� N im 5. The County agrees that every animal delivered to the Shelter in accordance with this Agreement, shall become the sole and exclusive property of the Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that neither the County nor any agency nor agent of the County, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The County agrees, that the Shelter shall have the undisputed right, consistent with the orders of the County, to humanely dispose of every animal given into its custody in accordance with the Shelter's principles as follows: To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The Shelter agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come into its care, custody and control. The County shall not accept a surrender of ownership of an animal by its owner in the field. 7. The Shelter agrees to accept each and every stray animal delivered to the Facility located in Brazos County, Texas by the residents of the unincorporated areas of Brazos County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come in to its care, custody and control. 8. The Shelter agrees that it will make its Facility available to the County during its open hours and during periods of closure for the purpose of delivering animals to the Shelter. 9. The Shelter agrees to provide to the County on or before the last day of each month during the term of this Agreement a statement of the number of dogs, cats and miscellaneous animals received by the Shelter from the County or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 10. The County reserves the right to require an audit of the records of the Shelter at any time deemed necessary for the limited purpose of verifying the number of animals registered or licensed and the number of animals attributable to the County and the length of stay of each such animal. 11. It is mutually agreed that the Shelter shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the Shelter by the County for rabies observation shall be isolated for a period of time in accordance with State law. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggicland Humane Society, Inc. October 1, 2013 — September 30, 2016 12. In the event animals are being held by the Shelter as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for any veterinarian invoices and medical bills incurred by the Shelter until the Court either awards the animal to the Shelter, orders it destroyed or orders it returned to its owner. The County shall not be liable for these costs in the event a court of competent jurisdiction orders the animal owner to pay such costs. 13. Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability.. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the County as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self- propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the County for its records. The Shelter agrees, to the extent allowed by law, to indemnify and hold harmless the County from all claims, damages, or causes of action which might arise from any obligations of Shelter as outlined herein, and Shelter specifically agrees to indemnify the County against all claims, damages or causes of action which might arise as a result of acts, omissions County for respondeat superior or vicarious liability, arising out of Shelter's obligations under this Agreement. 14. The Shelter shall at all times in performance of its Agreement be considered as an independent contactor. Such status shall apply to all of the Shelter's officers, agents and employees and in no event shall the Shelter's officers, agents or employees be considered an employee of the County. 15. In the event the County fails to remit to the Shelter the fees due hereunder, the County shall be in default. The Shelter shall terminate the Agreement for non-payment of fees if the County has not cured the default after thirty (30) day written notice. 16. TAX EXEMPT STATUS: As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. AGREEMENTEOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2015 — September 30, 2016 3 Vo! pg,.� �/ 17. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be Brazos County. 18. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by County and Shelter to attempt to resolve any claim for breach of contract made by Shelter that cannot be resolved in the ordinary course of business. Shelter shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of Brazos County, who shall examine Shelter's claim and any counterclaim and negotiate with Shelter in an effort to resolve the claim. 19. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 20. AUDITS: All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to County by the Shelter shall be retained and made available by the Shelter for audit by County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Shelter and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Shelter shall comply with such changes. County shall inform the Shelter in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Shelter shall retain such records until the audit is concluded and all issues resolved. Shelter shall provide County with copies of such audits that are conducted with respect to the Agreement. 21. AUDIT RESPONSIBILTY: The Shelter shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Agreement. The Shelter shall repay to County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Shelter recognizes and agrees that County may withhold any AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2015 — September 30, 2016 4 VOL Pg �j money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. 22, This Agreement is not assignable by either party. 23. This Agreement shall be for a term of one year commencing on October 1, 2015, and terminating on September 30, 2016. Either party may cancel this Agreement upon thirty (30) days written notice to the non -cancelling party. IN WITNESS WHEREOF, the said County and the said Shelter have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: C Ka en McQueen, Coun ler< AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggicland Humane Society, Inc. October 1, 2015 — September 30, 2016 t2! XA Duane Peters, County Judge AGGIELAND HUMANE SOCIETY Pg COMMISSIONER COURT MINUTES OF SEPTEMBER 15, 2015 ARE CONTINUED IN VOLUME 225 PAGE 1 COMMISSIONER COURT MINUTES OF SEPTEMBER 15, 2015 ARE CONTINUED FROM VOLUME 224 Vol. zs Pg.-/ _ FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("ACBV"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County"). RECITALS: WHEREAS, County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the County through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational programs and opportunities to children, youth, adults and seniors through providing ails related programs, scholarships for young people, assisting County arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County, Texas merchants; and Ais Cosacil of Brazos Vallee Agreemew Page / of 5 Vol. WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups, (collectively "Services"). NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: AGREEMENT ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services, which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. it. County, for and in consideration of the services provided to County, hereby agrees to pay to ACBV a total payment of $8,000.00 ("Funds') for the year beginning October 1, 2015 and ending September 30, 2016. Payment of such sum will be paid upon receipt of invoice. III. ACBV agrees to provide an annual account of how the Funds were spent to meet the above described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. ACCOUNTING AND AUDIT ACBV agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. ACBV agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the ACBV under prior Agreements. Brazos County Commissioners Court may. in its sole discretion, require that an independent financial audit be performed on the records of ACBV. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. Arts Caaecil of B,•n_os Medley Agreement Page 2 of5 Vol. _a�o�✓`- Pg, .Js The management letter shall identify issues that might not otherwise require disclosure in the ACBV annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the ACBV. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The ACBV shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the ACBV with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. VI. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate Arcs council of Brmos Malley Agreement _ _ Page 3 of 5 Vol. Pg.Z liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VIII. COUNTY INVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. Texas. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of X. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 2275 Dartmouth Street College Station, Texas 77840 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Ails Council of Rra_os Valley Agreement Page 4 of XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this 4 �r, day of 2015. Ar in 0 Brazos Countv. Texas Arts Council of Bravos Malley Agreennent Page 5 of 5 Vol. pg. FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissoners hereinafter referred to as ("County") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ("Club") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2015. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT I. FUNDING The Club will be funded by the County in the amount of $46,500.00 ("Funds") for the term of this Agreement. II. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 18t day of October, 2015, and terminating on the 30th day of September, 2016. III. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2016 and August 31, 2016, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Club have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and the Club may be required to return to the County such Funds that were not properly expended. Boys & Girls Clubs of Brazos Valley Agreemen! Vol. a 7, jj Pg•_7 _s__.;, Page I of 4 qc The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Club. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. IV. RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. V. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. Boys & Girls Clubs of Brazos !✓alley Agreement Page 2 of 4 Vu. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Ron Rolett P.O. Box 524 Bryan, TX 77806 X. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Boys & Girls Clubs of Brazos Valley Agreement Vol. �S� Pg.-. Page 3 of 4 XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. WITNESS OUR HANDS this I `D day of 2015. BOYS & GIRLS CLUBS OF BRAZOS VALLEY Ro PPlett, Authorized Representative BRAZOS COUNTY, TEXAS Duan eters, County Judge Boys & Girls Clubs of Brazos Valley Agreement ATTEST: aren McQueen, Bra os County Clerk Vol. x„25' pg,_/ � Page 4 of 4 IN FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County'), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District"), located in Bryan, Texas, and is effective October 1, 2015. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ("Services"). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground', pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is Brazos County Soil & Water Conservation District Agreement Page 7 of 4 evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. WHEREAS, the District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. NOW THEREFORE, the parties agree to the following terms and conditions. AGREEMENT PAYMENT AMOUNT FOR FY 2013 County hereby agrees to pay the District a total payment of $4,500.00 ("Funds") for the year beginning October 1, 2015 and ending September 30, 2016 for services provided to the County. Payment of such sum will be paid upon receipt of invoice. ACCOUNTING AND AUDIT The District agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The District agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The District agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The District agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the District under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the District. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the District annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the District. Brazos County Soil & Water Conservation District Agreement Page 2 of 4 Vol. � % pg, �� Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and, against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities Which may arise due to the duties and obligations funded herein. COUNTY INVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in Connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County Commissioners Court Brazos County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Brazos County Soil & Water Conservation District Agreement Page 3 of 4 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the District without the prior written consent of the County. (DATE) Duane Peters, County Judge Brazos County, Texas ATTEST: Karen McQueen, Brazos ounty Cler B-'�S- lS (DATE) (ID.O., Gr Preston J. RuVo III, C rman Brazos County SWCD #450 Brazos Coanly Soil & Water Conservation Dishict Agreement Page 4 of 4 Val. pg._/� 9 e FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ("Agreement"), effective October 1, 2015, by and between Brazos County, hereinafter called the "County", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to low-income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained, the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2015 and terminating on September 30, 2016. FUNDING: The County will provide funding of $7,700.00 to the Food Bank to the benefit of the moderate and low income citizens of the community. INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Food Bank agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Food Bank agrees that County, or its designated representative, shall further have the right to review and to copy any Brazos Valley Food Bank, Inc. Agreement Page I of 3 Vol. a� Pg, /5 records and supporting documentation for prior years in which County provided funds to the Food Bank under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Food Bank. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Food Bank annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Food Bank. Annual financial statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of income or by self -certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: The obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, Brazos Valley Food Bank, Inc. Agreement Page 2 of3 Vol.�pg, / terminate this Agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in termination of this Agreement. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County, Texas. SEVERABLITIY: In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. SIGNED this I day of 12015, BRAZOS COUNTY BRAZOS VALLEY FOOD BANK, INC. Duane Peters, County Judge 9b5)) '5 Date ATTEST: Karen McQueen, Coun y Clerk Date ngapora cbiIgiIG- Director Brazos Valley Food Bank, Inc. Agreement Vol. Page 3 of 3 '� �� pg,`/� q� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY VETERANS MEMORIAL THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("BWM"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County"). RECITALS: WHEREAS, BWM provides a public art memorial for residents and non-residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provides an educational venue to teach our children about those sacrifices; and WHEREAS, the Commissioners Court of Brazos County finds that the memorial and grounds constitute a museum and/or recreational area; and WHEREAS, the County may provide funding to construct and/or maintain a museum and/or recreational park or facility; and WHEREAS, such activity serves a public purpose. NOW, THEREFORE, COUNTY and BVVM hereby agree as follows: BWM through its funding and support shall operate and maintain a memorial for all veterans. County, for and in consideration of the services provided to County, hereby agrees to pay to BWM a total payment of Twenty Five Thousand and No/100 Dollars, $25,000.00 ("Funds") for the year beginning October 1, 2015 and ending September 30, 2016. Payment of such sum will be paid upon receipt of invoice. Brazos Valley Veterans Memorial AgreementPage I of 5 III. BVVM agrees to provide an annual account of how the Funds were spent to meet the above described services. BVVM agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV, ACCOUNTING AND AUDIT BVVM agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVVM agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated, BVVM agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVVM agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVVM under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BVVM. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The BVVM shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the BVVM with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Brazos Valley Veterans Memorial Agreement—Page 2 oj5 voi,ate_. Qg, /''_ VI. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the BVVM shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VIII. COUNTY INVOLVEMENT The County and BVVM state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. Texas. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of X. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Veterans Memorial Agreement Page 3 of 5 Vol.l�s Brazos Valley Veterans Memorial P.O. Box 11055 College Station, Texas 77842 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the BVVM without the prior written consent of the County. WITNESS OUR HANDS this 1 day of �2jN1 f' 2015. Brazos Valley Veterans Memorial Agreement Page 4 of 5 Vol. - . —5� Pg._�/ . �� Brazos Valley Veterans Memorial, Inc. By: 9/14 Name: Title: Executive Director �EGt/ 8y: Name: Randolph W. House Title: President Bra os Co ty exas By: •u.. D ane Peters, County Judge Attest: �- C Karen McQueen, ounty Clerk Vol. __o�.5 pg'—n12 NJ JUNCTION 505 BRAZOSCOUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY") and Junction Five -O -Five, a Texas non- profit corporation (hereinafter "JUNCTION'), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement"); and WHEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the sum of two thousand seven hundred ninety-three dollars and eighty-nine cents ($2,793.89) per month, per site for a total monthly sum of sixteen thousand seven hundred sixty-three dollars and seventy-five cents ($16,763.75) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this 1511,day of_ SPn-�bP�i'', 2015. JUNCTION FIVE -O -FIVE vim__ - J4 -,(,o Peters, County Judge his Woolley, Executive Director Vol. ��S _ Pg. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. This Agreement for Funding is by and between Brazos County, hereinafter referred to as ("County") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ("Keep Brazos Beautiful') a non-profit organization ("Agreement'). RECITALS WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County through programs that educate and engage Brazos County citizens to keep our community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings; and WHEREAS, the Brazos County Commissioners Court is authorized to spend money from the County general revenues for public health and sanitation; and ' WHEREAS, the prevention of public or private litter serves to improve the public health; and WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and acknowledged herein, the parties agree as follows:., AGREEMENT Keep Brazos Beautiful shall provide services to the County as follows: A. Assist in training area youth and adults in area schools, museums, civic clubs, etc, on the importance of litter prevention, recycling, reuse, and buying recycled products, conservation of resources, the proper care and planting of trees and maintain a lending library to assist in teaching about a variety of environmental issues. B. Provide positive environmental leadership and volunteer opportunities to Brazos County youth and adults. C. The Executive Director shall serve on the Solid Waste Advisory Committee of the Brazos Valley Council of Governments to promote environmentally sound waste management practices in the Brazos Valley. D. Perform an annual "Liffe_ r Index" survey of the County and provide the scores to the Commissioners" Court. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout County. Act as an information resource to citizens, law enforcement Keep Brazos Beautiful Agreement Page 1 of Vol. �a S pg officials, prosecutors and the Commissioners Court about issues relating to litter and illegal dumping in Brazos County. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County. G. Promote a "Memorial TREES Program" to plant trees in the County and host an annual Arbor Day Celebration. H. Plant wild flower seeds along public roadways in the County. I. Educate the community on the need to recycle and to buy recycled products through the use displays, public speaking engagements, and the "Texas Recycle Day" events. J. Act as a clearing house for information for area residents on recycling and provide information concerning Citizen Collection Stations in rural areas of the County as requested. K. Assist in the publicity for the yearly Christmas tree, telephone book recycling and household hazardous waste collection events. L. Provide positive reinforcement through a variety of award programs such as the Business and Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards. 1. Keep Brazos Beautiful will be funded by the County in the amount of $15,000.00 for the term of this agreement. 2. This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2015, and terminating on the 30rh day of September, 2016. 3. Keep Brazos Beautiful agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Keep Brazos Beautiful agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Keep Brazos Beautiful agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Keep Brazos Beautiful agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Keep Brazos Beautiful under prior Agreements. 4. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of Keep Brazos Beautiful. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Keep Brazos Beautiful annual financial report, but which are of concern to or under the suggestion of the auditor, If the Brazos Keep Brazos Beautiful Agreement Vol. Page 2 of County Commissioners Court --determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Keep Brazos Beautiful. 5. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. Keep Brazos Beautiful shall submit a financial statement to the County annually. 7. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY: Brazos County, c/o Commissioners Court 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 KEEP BRAZOS BEAUTIFUL, INC.: Joe Patranella, Acting President 213B South Main Bryan, Texas 77803 8. It is understood and agree that the County's participation in Keep Brazos Beautiful is limited to the contribution of funds. County, at no time, shall be liable or responsible for acts of Keep Brazos Beautiful its agents or employees. Keep Brazos Beautiful'at no time shall be liable or responsible for acts of the County, its agents or employees. 9. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate .this.Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. SIGNED this � dday of �, 2015. KEEP BRAZOS BEAUTIFUL, INC. BRAZOS TY Raena Blumenthal, Executive Director Duane Peters, County Judge Keep Brazos Beautiful Agreement ATTEST: CAY6 aren McQueen, County Clerk pg, �- Page 3 of -3 a FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ("Agreement") is by and between Brazos County, Texas (hereinafter "County") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR"), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2015 and ending September 30, 2016. RECITALS WHEREAS, MHMR is a public non-profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of mental health and mental retardation coverage in Brazos County, Texas;and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation residing in Brazos County by contracting with MHMR for the period beginning October 1, 2015 and ending September 30, 2016, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by MHMR, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA: This Agreement contemplates services provided to: 1) Individuals who permanently reside within Brazos County; 2) Who have been determined through the MHMR screening process to be in need of mental health or mental retardation services; and, 3) Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health or mental retardation services. MHMR warrants that the eligibility determination (ability to pay or availability of any third party pay and residency eligibility) Is the responsibility of MHMR and such determination shall be made by MHMR prior to, or at the time of the provision of services. MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non-residents of Brazos County or any RUM Agreement Page l of 5 Vol. 5 Pg. 7� insured individuals with coverage for such services. MHMR will maintain records of insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: 1) Pay to MHMR an (not to exceed) annual total reimbursement of $60,000.00 ("Funds"), to be paid to MHMR as follows: a) $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and, b) $10,000.00 for TeleMed services, and c) $16,000.00 for administrative support services. 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2015 through September 30, 2016 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1) To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Agreement between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, contracted residential services, specialized therapies and psychiatric inpatient services; and 2) It is understood and agreed that all County funds paid to MHMR under this Agreement shall only be expended by MHMR for the purpose authorized under this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 3) Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; Term and Termination 1. This Agreement shall be effective from the period from October 1, 2015 to September 30, 2016 unless otherwise terminated prior to that time. Either of the parties shall have the right to terminate this Agreement In whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective MHMR Agreement Page 2 of Vol. Pg. -9 cY— date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. A party may also terminate Its performance under this Agreement upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the thirtieth (30'") day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said thirty (30) day period the defaulting party cures the default or (li) such termination may be stayed, at the sale option of the party against whom the default has occurred, pending cure of the default. MISCELLANEOUS PROVISIONS: Indeoendent Contractor The relationship of MHMR to the County shall be that of an Independent contractor. Parties in Interest This Agreement shall bind and benefit the County and MHMR and shall not bestow any rights upon third parties. Non -waiver Failure of either party hereto to insist on the strict performance of any of the Agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure o performance. Applicable Laws This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Brazos County, Texas. Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: Brazos County Commissioners Court County Administration Building 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 MHMR Agreement MHMR: Bill Kelly, Executive Director 1504 S. Texas Avenue Bryan, Texas 77802 Page 3 of S Fvo l. _v��. Pg. �9 Audits 2. MHMR agrees that County, or Its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR agrees that County, or Its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the MHMR under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of MHMR. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the MHMR annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Indemnification and Compliance with Laws MHMR shall defend, indemnify and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under this Agreement. MHMR shall comply with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. AMUR Agreement pg, Page 4 ofS Signed this-.. L_)St day of Mental Health Mental Retardation Authority of Brazos Valley By: 2��L=g Bill Kelly, Executive irectar ATTEST: C Kafdn McQueen Brazos County Clerk MHMR Agreement Brazos County By: aDuansPeters, Brazos County Judge Page 5 of vol. Pg Zj / — FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND NATIONAL ALLIANCE ON MENTAL ILLNESS - BRAZOS VALLEY, INC. This Funding Agreement ("Agreement') is by and between Brazos County, Texas (hereinafter "County") and the National Alliance on Mental Illness - Brazos Valley, Inc. (hereinafter "NAMI"), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2015 and ending September 30, 2016. RECITALS WHEREAS, NAM[ serves all seven (7) counties of the Brazos Valley region; WHEREAS, it is the mission of NAMI to promote mental health and wellness for families and those individuals affected by mental health disorders, combat the stigma of mental illness and advocate for improved social, vocational and treatment alternatives to support individual resilience, independence and well-being of those living in Brazos County; and WHEREAS, NAMI provides peer lead educational programs, classes and support services, public policy advocacy and educational classes, and support services for families, friends and caregivers of persons living with mental health disorders ("Services"); and WHEREAS, the County desires to assist NAMI in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental health disorders residing in Brazos County by contracting with NAMI for the period beginning October 1, 2015 and ending September 30, 2016, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by NAMI, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA This Agreement contemplates Services provided to: 1) Individuals who permanently reside within Brazos County; and 2) Who have been determined through the NAMI screening process to be in need of mental health services. NAMIAgreemen( Page I of Vol. _a �S Pg.,�_ RESPONSIBILITIES OF BRAZOS COUNTY 1) Pay to NAMI an (not to exceed) annual total reimbursement of $15,000 ("Funds"). 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2015 through September 30, 2016 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement. 3) Conduct a review of the NAMI's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the NAMI. USE OF COUNTY FUNDS Funds to be furnished to NAMI as stated herein be used to offset operational expenses of NAMI, including rent, telephone expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. ; 91i7kiRiI ili N"613PG1LTJ l NAMI will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. NAMI agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. NAMI agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. NAMI agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. NAMI agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the NAMI NAM/ Agreement Page 2 of 5 under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the NAMI. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall .be delivered .to the .Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the NAMI's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. NAMI will provide the County with any and all certified audits conducted by NAMI and the management letter prepared in connection therewith; 8. NAMI will .provide the Commissioners Court with statistics evidencing .the number of Brazos County residents using the NAMI's Services. RECORD RETENTION The NAMI shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The NAMI agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the NAMI with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The NAMI shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The NAMI shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Nil I Agreemen! Vol. Page 3 of 5 NAMI agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the NAMI shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and NAM] state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: National Alliance on Mental Illness — Brazos Valley, Inc. 1713E. Broadmoor, Suite 1.01 Bryan, Texas 7782 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 NAM/ Agreement Page 4 of 5 F0:1. —mol Pg•_ K FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions of this Agreement are held to be .unenforceable or invalid .by .any court of competent .jurisdiction, .the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is .not assignable -by the.NAMI without the prior .written consent of the County. +k DATED this 5 day of nkM 13 -2 V 2015. Brazos County National Alliance on Mental Illness — Brazos Valley, Inc. � O DUANE PETERS, Judge J y Sc Iz, Exec ve Director ATTEST: -KAREN McQU EN, "Coafity Clerk NAM/ Agreement Vol. Page 5 of 5 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider"), located In Bryan, Texas, and is effective October 1, 2015. 2x9111i1II&3 WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 15' day of October, 2015, and terminating 301' day of September, 2016. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will Include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource Center Agreement vol. _ p9._' Page I of 6 Ki k USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $20,000.00 for the term of this Agreement ("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos'County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said Sexual Assault Resource Center Agreement Page 2 of 6 Vol. — � pg._,JE-] management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with saidaudit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Sexual Assault Resource Center Agreement Vol. a��-_ F)g._ 3,�� Page 3 of 6 INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 2e Street, Bldg C, Bryan, TX. Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Se al Assault Resource Center Agreement Page 4 of FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. DATED this i!> day of 2015, Sexual Assault Resource Center Agreement 3razos County Rape Crisis Center, Inc. iba Sexual Assault Resource Center Owl President v0 l. _P'5 Page 5 of 6 ATTEST: ATTEST: R QUEEN, unL`b tyoe� MA THA OPER TENY Executive Dire�tcr Sexual Assmdt Resource Center rigreement Page 6 of 6 r FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SCOTTY'S HOUSE CHILD ADVOCACY CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County'), and SCOTTY'S HOUSE CHILD ADVOCACY CENTER (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1, 2015. RECITALS WHEREAS, the County has the objective of providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and exposure to violence; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and violence. through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12),months commencing on the 15' day of October, 2015, and terminating 30`r' day of September, 2016. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide the following services: 1. Forensic Services - forensic interviews and on-site medical examinations that minimize additional trauma to the child. A forensic interview is a structured conversation with a child intended to elicit detailed information about a possible event(s) that the child may have experienced or witnessed. Each child's interview Scotty's Hoiae Agreement Page 1 of 6 is conducted by a trained Forensic Interviewer in a child friendly environment. A recording of the interview with the child is made available to agencies involved, thus reducing the number of times the child must retell the story. The recording may then be used in court proceedings. 2. Advocacy Services — a Family Services Coordinator will work with each family to provide information and referral to community resources, follow-up medical testing and treatment, assistance with crime victims' compensation and any other need identified by the family. 3. Counseling Services - counseling is provided to children and their non -offending family members. Counseling can take shape in many forms: play therapy for younger children, art therapy, equine assisted psychotherapy, or support groups for children and their caregivers. Without counseling, children who are abused often experience severe social and psychological trauma that may including nightmares, hyper -vigilance, sleep difficulties, poor self-esteem, social isolation, increased use of drugs and alcohol, school failure, depression, and suicidal ideation. 4. Education & Outreach Services - provide educational programs to the Brazos Valley on a variety of topics pertaining to child abuse, services to victims of sexual assault and their families (collectively "Services"). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $5.000.00 for the term of this Agreement ("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. Stotry's House Agreement Vol. _,2,2,3 Pg. `VV Page 2 of Provider agrees that the County, or its designated representative,.shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. Scotty's Hoiue Agreement vol. _v? , 2�' Pg. -` � _I Page 3 of 6 RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. Scotry's House Agreernenr Vol. _avZSf Pg. �� Page 4 of 6 GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Scotty's House Child Advocacy Center 2424 Kent Street Bryan, Texas 77802 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. Scotty's House Agreement Vol. -a 2, Pg. �_-- Page 5 of 6 ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. DATED this jStday of /) r 2015. Scotty's House Child Advocacy Center k'I Cs� �� DUANE TERS, Judge Executive Director ATTEST: KAPEN McQUEEN, County Clerk Scotry's House Agreement vol.—��?'P9•� Page 6 of FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ("Agreement") is hereby effective October 1, 2015, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. South Brazos Caanty Fire Dept. Agreement Page I of d Vol. _,;2,23_ Pg. 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2015, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2016. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O. Box 501 Millican, TX 77866 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos County Fire Dept. Agreement Page 2 of 4 DEFENSE OF CLAIMS Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. South Brazos County Fire Dept Agreement page 3 of 4 hg. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. South Brazos County Department, Inc. By: CL , . r Chet Barker, Fire Chief Date: z5 Zc71 South Brazos County Fire Dept. Agreement Date: //)t,- //5 ATTE T: Z Karen McQueen, C Gnty Cler Fol a.� Pg. Page 4 of FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ("Agreement") is hereby effective October 1, 2015, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ("Department') and BRAZOS COUNTY, TEXAS, ("County'), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Disrric12 Volunteer Fire Agreeinew [Vol, _ 5� Pg. S—' Page I of qn 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29.000.00 upon execution of this Agreement ("Funds'). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2015, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2016. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc, Brazos County Texas P.O. Box 32 Kurten, TX 77862 Attn: Merrie Noak, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Distrio 1 Volunierr Fire Agreement Page? of DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. District Volunteer Fire Agreement Vol. _a �.S_. j'9•-�..5 L Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If:an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. District Two Volunteer Fire Department,nc, os Co s Brazos County, Texas By: urn , ACgT----) Mer t Noak, Fire Chief Duane Peters, County Judge Date: S—!9"ljc, Dale: —/h d )1;7 ATTE :Cc aren McQueen, County Clerk District 1 Volunteer fire Agreement vol. _a2,' . Pg. Page 4 o(4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ("Agreement") is hereby effective October 1, 2015, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ("Department") and BRAZOS COUNTY, TEXAS, ("County'), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 3 Volunteer Fire Dept. Agreement Page I of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2015, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2016 . Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 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: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805.5453 Attn: Gerald Burnett, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 3 Volunteer Fire Dept. Agreement Vol.o?S� pg. J` Page 2 of 4 DEFENSE OF CLAIMS 9. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 10. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 11. 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. 12. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 13. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 14. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 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. 16. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 3 Volunteer Fire Dept. Agreement Page 3 of Vol- . Pg._ ._. 17. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 18. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Three Volunteer Fire Department, Inc. By: ,1✓>�/�— Gerald Burnett, Fire Chief Date: 626oAMI Precinct 3 Volunteer Fire Dept. Agreement os Co T xas Duane Peters, County Judge Date: 6M5 j �- ATTE T: \ Karen McQueen, County Clerk Loll � � 5� pg, �� Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four ("Agreement') is hereby made effective October 1, 2015, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County'), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 4 Volunteer Fire Dept. Agreement Vol. 9,Z5 _ Pg. � Page I of 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION This Agreement term shall be from October 1, 2015, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2016. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, TX 77805 Attn: Joe Ondrasek, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 4 Volunteer Fit e Dept. Agreement Page i of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 4 Volunteer Fire Dept. Agreement Vol. 2-1Z3--- Pg. -- i Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Four Volunteer Fire Department, Inc. By: J ndras c ire Chief Date: I Duane Peters, County Judge Date: 2'1 t5b5 ATTEST: aren McQueen, Coun y Clerk Precinct 4 Volunteer Fire Dept. Agreement Page 4 of 4 Vol. U TABULATION 1Q 2016-01 WINDOW TINT FOR VEHICLES October 1, 2015 - September 30, 2016 IMAi0ihia�CJDRF'of b van Texas Fleet Outfitters # of lml axi,t�u C6st!p� 'Cost Vehicle Tvpe� per.vchicle«' Cost per Vehicle Windows " g j , .< 1-:`�Nut?i.• u"..� Dodge Charger 5 ,m= 'q 3445 �O0 i-11 k 160.00 7 Passenger Van 7}'220 Q,Ot �''i 240.00 12 Passenger Van 10�� 290`r0;0 350.00 .;� 15 Passenger Van 10i29�0Q�0 `, 350.00 Ford Crown Victoria 5 a Ks]'[�rj�00iYr 160,00 AO 4 i' 4 Door Truck 5 MR 160.00 Extended Cab Truck 5 x 145:00 160,00 _LA Regular Cab Truck 311500„h� 110.00 Other 4 door Sedans 5 145 0,0 160.00 Side Window Ting Vehicle � 55.00 Replacement of Any �.�� ,� � � n� Back «mdow'I'int Window ix'Xexsis`` dyx-rtasZFZJt L'r `r1i i 4 1 E (" ^” X430 00 <°'� 65.00 Replacement of Any Vehicle Time it will take to complete p 1' 8,�hours%", '` 1 DAY one vehicle. 1 ,.-, � :t„ f ,, y � Insurance re uiremenfs'x «�YES� YES complete , " �+1,.-_ .��- �x.� �, s��.e RECO\1MENDED AWARD: Lithia prove byby Co� e 's Cou n tkffs� aay of � �Y M k '2015 by ding the position of L J v DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 15, 2015 Private Property Access Request permission to enter private property owned by Jean Amanda Adkisson located on North Graham Road. Project will clear area on South end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. SUBMITTED BY: (Qu.,A�j 6 % Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: `�/�� C1.2iu2rvc a�•—� Lloyd Wassermann Commissioner Precinct I /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: % / 15' Ei a -5- Pg. -� I 22 9 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Ina Cauley Commissioner Pct.4 OWNER(S): Jean Amanda Adkisson ADDRESS: 13066 S. Dowling Road College Station, Texas 77845-6806 R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Office: 979-822-2127 Fax: 979-775-0453 ramunger@brazoscountyoc.gov III. LOCATION OF WORK: Bridge on North Graham Road located 1,100 feet Southwest from S. Dowling Road. 15871 —John Payne Survey, A-195, Tract 1.3, 14.06 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear property near bridge, shape property and install rock riprap to control erosion. Upon completion of work, County will acquire drainage easement for future maintenance. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: I (we) the undersigned owners) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature:�alyzdW7. Date: Z�jS R. A n Munger, P.E Darrell W. Kolwes County Engineer _ _Right.of Way_Agelnt Vol. __ 5� Pg.._�,_. DEPARTMENT. MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 15, 2015 Private Property Access Request permission to enter private property owned by Robert D. Gantt located on North Graham Road. Project will clear area on South end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. SUBMITTED BY: ,QL,-kL Darrell W. Kol-,ves Right of Way Agent This request APPROVED BY: LloycfWassermann Commissioner Precinct 1 Duane Peters, ]County Judge Date: vol. Pg rs' Court )3 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. i Sammy Catalena Commissioner Pct, 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct.4 OWNER(S): Robert D. Gantt II. ADDRESS: 4685 Timberline Drive College Station, Texas 77845-4957 R. Alan Munger. P.E. County Engineer Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office: 979-822-2127 Fax 979-7750453 mmunger@brazoscountM.gov III. LOCATION OF WORK: North Graham Road (800 feet NE of N. Dowling Road) 15869 — John Payne Survey, A-195, Tract 1.14, 3.984 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear property near bridge, shape property and install rock riprap to control erosion. Upon completion of work, County will acquire drainage easement for future maintenance. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: 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: Date: 1� R. Alan Munger, P.E. Darrell W. Kolwes County Engineer _ . _ -_Right- of -Way Agent Vol. z S Pg. — BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 15, 2015 SUBJECT: Private Property Access Request permission to enter private property owned by Eunice E. Williams located on North Graham Road. Project will clear area on North end of bridge on North Graham Road. County will then do earthwork and install rock riprap to control erosion. Site is located in Precinct 1. SUBMITTED BY: Q4zu W- Darrell W. Kohves Right of Way Agent This request APPROVED BY: Lloyd Wassermann Commissioner Precinct 1 /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: C,� / / ,,— ) / 4 24 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters R. Alan Munger, P.E. Brazos County Judge County Engineer Brazos County Road & Bridge Dept Lloyd Wassermann 2617 Hwy 21 West Commissioner Pct. t Bryan, Texas 77803 Office'. 979.822-2127 Sammy Catalena Fax'. 979-775-0453 Commissioner Pct. 2 ramunger@brazoscountytx gov Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pet.4 OWNER(S): Eunice E. Williams II. ADDRESS: 1011 Eleanor St. College Station, Texas 77840-6174 III. LOCATION OF WORK: Bridge on North Graham Road located 1,100 feet Southwest from S. Dowling Road. 15813 – P. Norton Survey, A-186, Tract 4.1, 11.384 acres IV. DESCRIPTION OF WORK: Request permission to enter propertyto clearproperty near bridge, shape property and install rock riprap to control erosion. Upon completion of work, County will acquire drainage easement for future maintenance. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: 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/ y V �/ Date: �% : 15 F. -, "//&/, , R. Alan Munger, P.Darrell W. Kolwes - County Engineer __.—Right.of-Way-Agent ! Vol. __ 5- t'g.%% BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: September 15, 2015 ITEM: Consider and take action on acceptance of North Country Phases 5B and 12 into the Brazos County road maintenance system; the roads (portions of Blazing Trail and Vaquero Drive are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: • Brazos County will assume no maintenance responsibility for drainage ways or easements in Phases 5B and 12 other than those running parallel to, or across the road/street rights of way. Private drainage ways and easements shall be maintained by the individual property owners or the Home Owners Association (HOA). • Brazos County shall maintain the roadway, shoulders as needed and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way and easements. • Phases 5B and 12 plat was approved by Commissioners Court September 9, 2008; County approved construction August 5, 2008. SUBMITTED BY: c/4 - R. Alan Munger, P.E. County Engineer CC20 1 5 This Date APPROVED BY: y Commissioners' Court Vol. �% pg. _% 2 a5 ra BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 15, 2015 SUBJECT: Right -of -Way Acquisition Acceptance of Drainage Easement from the JAW Irrevocable Trust for 0.38 acre of land. This property is needed in order to construct a drainage channel adjacent to Old Reliance Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Drainage Easement • Copy of Right -of -Way Acquisition Agreement SUBMITTED BY: APPROVED BY: Darrell W. Kolwes Right of Way Agent This request is VAPROVED / ❑ DENIED by Commissioners' Court Duane Peters, Coun . J a ge DATE: I P9. _�/ NOTICE OF CONFIDENTI.ALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Drainage Easement THE STATE OF TEXAS COUNTY OF BRAZOS Old Reliance Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): The Trustee of the JAW Irrevocable Trust dated 05-14-2003 Grantor's Mailing Address: P. 0. Box 2608 Bryan, Texas 77805-2608 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.38 of one acre situated in the ABNER LEE SURVEY, Abstract No. 32, Brazos County, Texas, and being a part of that certain called 106.52 acre tract as described in Deed from John A. Winkler to the Trustee of the JAW Irrevocable Trust of record in Volume 5841, Page 147, Official Records of Brazos County, Texas, said 0.38 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page 1 of 2 vol. This easement conveyed herein is for the purpose of opening, constructing and maintaining a permanent channel or drainage easement in, along, upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises for the purpose of making any improvements, modifications or repairs which the County deems necessary. As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from said premises by the County. TO HAVE AND TO HOLD unto the said Brazos County, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the premises described in said Exhibit "A". When the context requires, singular nouns and pronouns include the plural. Executed this day of ��p1 �� 12015. i The Trustee of the JAW Irrevocable Trust dated 05-14-2003 By A. Winkler, Trustee Acknowledgment STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on S%(,� �� a ol5 by John A. Winkler as Trustee of the JAW Irrevocable Trust dated 05-14-2003. E DARRELL W KOLWES My CAuly23.20 EspiesJuly 23, 2018 Notary Public's Signature Page 2 of 2 Vol. FIELD NOTES BRAZOS COUNTY 40' WIDE DRAINAGE EASEMENT 0.38 OF ONE ACRE OUT OF THE JAW IRREVOCABLE TRUST CALLED 106.52 ACRE TRACT VOLUME 5841, PAGE 147 ABNER LEE SURVEY, A-32 BRAZOS COUNTY, TEXAS AUGUST 5, 2015 All that certain lot, tract or parcel of land being 0.38 of one acre situated in the ABNER LEE SURVEY, Abstract No. 32, Brazos County, Texas, and being a part of that certain Called 106.52 acre tract as described in deed from John A. Winkler to the Trustee of the JAW Irrevocable Trust of record in Volume 5841, Page 147, Official Records of Brazos County, Texas, said 0.38 of one acre tract being more particularly described as follows: BEGINNING at a point for the most northerly corner, said corner being in the northwesterly line of said Called 106.52 acre tract, said corner also being in the southeasterly right-of-way of Old Reliance Road, a 1/2" Iron Rod with Cap found for reference along a curve in a counterclockwise direction in said northwest line bears an arc length of 73.62 feet, a radius of 500.00 feet, with a delta angle of 08°26'08", a chord bearing of N 46028'14" E and a chord length of 73.55 feet; THENCE S 39°18'42" E, across said Called 106.52 acre tract a distance of 27.29 feet to a point for the most easterly corner; THENCE S 41037'02" W, continuing across said Called 106.52 acre tract a distance of 425.00 feet to a point for the most southerly corner; THENCE N 48°22'58" W, a distance of 40.00 feet to point for the most westerly corner, said corner being in a northwesterly line of said Called 106.52 acre tract, said point also being in a southeasterly line of the Called 1.369 acre tract as described in Volume 6622, Page 98, a 1/2" Iron Rod found for reference in said northwest line bears S 41'37'02" W a distance of 159.50 feet; THENCE N 41'37'02" E, along a northwesterly line of said Called 106.52 acre tract a distance of 339.88 feet to a 24" Post Oak found for angle point, said corner being the northeasterly corner of said Called 1.369 acre tract; THENCE N 41054'09" E, continuing along a northwesterly line of said Called 106.52 acre tract a distance of 31.19 feet to point for angle point, said corner being located in the southeasterly right- of-way of Old Reliance Road, said corner being the beginning of a curve; THENCE along said curve in a counterclockwise direction having an arc length of 59.68 feet, a radius of 500.00 feet, with a delta angle of 06°50'19", a chord bearing of N 54006'27" E and a chord length of 59.64 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.38 OF ONE ACRE OF LAND MORE OR LESS according to a survey performed on the ground during the month of August, 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 northeast line to grid north, NAD83(201 1)9ppch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For of ion see accompanying plat. OF sua'1` I Vol�5� pg. 7 _ `a SF,Fpg2 B2 M M FgysF,z/ F S/ N4, //o ov �6 - m VMN O\ m d� VU L� L, v QQW Lu 1, In �n a ZLL]UW~ WW Q S o mnOUWf="m°Cjaj'-� LnQ000LqNwb 0 onWQww ap O pc � j 06 W Cie LU �o o jl 3 m 0 v n aM v , vP b �hn O:, is W: o- o- �a p p o Ybd _ � 3 a oma. ;?P20 m oO'a o ZWW ai o �n y`yS' a mN� a�N 0 G a W W av pON Kv�m Z M � O A 0 V `Q m 01 z a a `co ap m. mN aM , vP �hn O:, is W: of u p p o Ybd _ � oma. ;?P20 o ZWW _ y`yS' a mN� a�N 0 pON Kv�m O - Zn OYIY V `Q w a `co m. No cii No iiO °<E - pV Un „S - m` - z - d 0 U`am �Nn rc`o- X00 VUU SL>o -1 =vno Vol. _ .o�— pg RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Old Reliance Project: R2-169 W.O. No.: 33213 Precinct: 2 I (we) the undersigned owner(s), accept payment of $1,938.00 as compensation and full settlement for granting of a Drainage Easement in, along, upon and across 0.38 acre of property located on above mentioned project. The Trustee of the JAW Irrevocable Trust dated 05-14-2003 By.✓� ✓lam. 1::�' Winkler, Trustee FOL _ .S Pg --_� 5 BRAZOS COUNTY, TEXAS BUDGET AIMENDiMENT(S) FOR THE 2014-2015 BUDGET YEAR NO. 14/15 49.1 — 49.14 On this the 15th day of September 2015 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 iVlallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen IMcQueen, County Clerk The following proceedings were held: WHAT NAT[EREAS, on 15th day of September 2015 the Court heard and approved a budget amendment for the 2014-2015 budget year for Brazos County, Texas; and WITEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 9 September 2014, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 15th day of September 2015. THE COMMISSIONERS COURT OF 1311AZOS COUNTY, TEXAS. Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115. 49.1 911512015 DR V0 �T7 Ci A. aS.P�✓�'- ,3c, .—� – BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115. 49.2 9/1512015 FUNDI DIV I ACCT I PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 1 46023000 I CR Donations -Other 1,938.00 0100 23000100 60010000 DR Donated Property - No Ta 1,933.00 I I I I I I I I I I I I I I I I I I I I I Sheriff - Administration To recognize donation from Coalition for Alcohol Res onsibility and Education (CARE) for full digital print wrap on a Chevy Tahoe I I I P-9— �/—. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 49.3 911512015 FUNDI DIV I ACCT I PROD JDRICRJ ACCOUNT NAME I Increase I Decrease 4500 63000500 SOS92S00 CR Vehicles - SO 3.323.45 4500 63000500 65950000 DR Vehicle JI'intenance 3,323.45 I I I I I I I I I I I I Sheriff - Adnunislrntion Reallocation of funds to the correct account due to a radio that was 2urchased that went into an existing, patroI unit and not a new one. I ( I I I I I I I I Vol. Pg. '� —.. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115. 49.4 9/15/2015 FUNDI DIV I ACCT PROJ IDR/CRI ACCOUNT NAME Increase Decrease 4500 63000500 1 50203000 I CR lComputer - Hardware 8.953.58 4500 63000500 67203000 DR `linor Computer Hardware 8.953.SS I I � I I I � I I I General Capital Improvement Fund - I'h Reallocation of finds to the correct account due to priciniz not meetins the asset threshold of above 55,000.00. I I � I I I Vol. _a� Pg.z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 49.5 911512015 FUNDI DIV ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 4S062S00 am 0.32 3000 256000 /1715000 DR IVictim Notification Srv, I, I I I I I I I I I I I I I I I I I I I O:\C -Vine ProGram To adjust the budget to reflect the actual award amount of 527,715.32. I I iJ VO1._� J_ Py. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 49.6 9/15/2015 FUND DIV ACCT PROJ OR/CRj ACCOUNT NAME Increase Decrease 3000 318800 51300000 CR Salary Staff 10,344.001 3000 318800 53100000 CR (Social Security 792.00 3000 318800 53101000 CR Flex Benefit Admin 4.00 3000 318800 53200000 1 CR lRetirement 1 1,449.00 3000 318800 53300000 CR Health Insurance 1,722.00 3000 318800 53800000 CR Worker Conan 62.00 3000 312150 51300000 DR Salary Staff 10,344.001 3000 312150 53100000 DR Social Security 792.001 3000 312150 51300000 I DR Flex Benefit Admin 4.00 3000 312150 53200000 DR Retirement 1,449.00 3000 312150 53300000 DR Health Insurance 1,722.00 3000 312150 53500000 DR Worker Comp 6200. I I I I I I I I I I T.I.ID-I\-dental Health and'ELID-SA-Mental Flealth Services Reallocation of fund; to reclassify "fJJD budget for the 2016 grant year. I I I I I I vol. _v� i� . P94r_ .� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 9/15/2015 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 1 312150 51300000 DR Salary Staff 10,344.00 3000 312150 33100000 DR Social Sccuritn 792.00 3000 312150 53101000 DR Flex Benefit Admin 4.00 3000 312150 53200000 DR Retirement 1449.00 3000 312150 53300000 DR Health Insurance 1,722.00 3000 1 312150 53800000 DR Worker Comp 62.00 3000 318800 51300000 CR Salary Staff 10,344.00 3000 318800 53100000 CR Social Securitv 792.00 3000 318300 53101000 CR Flex Benefit Admin 4.00 30001 318800 1 53200000 CR Retirement 1,449.00 3000 318800 53300000 CR Health Insurance 1,722.00 3000 318800 53800000 CR Worker Comp 62.00 _ I I I I Request reallocation of funds to reel assifv'I'J1D bud get for the 2016 urant year. glove budget from 318800 to 312150 I L t s O H Vola BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 49.7 911 512 0 1 5 FUND DIV I ACCT PROJ IDR/CRI ACCOUNT NAME Increase Decrease 3000 318700 51300000 CR Salary Staff 9,732.00 3000 318700 53100000 CR ISocial Security x45.00 3000 318700 53101000 CR I Flex Benefit Admin 6.00 3000 318700 53200000 CR I Retirement 1,362.00 3000 318700 53300000 CR Health Insurance 2,497.00 3000 318700 53300000 CR Worker Comp 58.00 3000 312140 51300000 DR Salary Staff 9,732.00 3000 312140 53100000 DR Social Security 745.00 30001 312140 51300000 DR Flex Benefit Admin 6.00 3000 312140 53200000 DR Retirement 1,362.00 3000 312140 1 53300000 DR Health Insurance 2,497.00 3000 312140 53500000 DR Worker Comp 53.00 T.1.ID-C-Conlmitment Reduction and TJJD-SA-Commiment Diversion Reallocation of funds to reclassify TJJD budeet for the 2016 :rant year. PS, O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 9115/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 312140 51300000 DR Salary Staff 9,732.00 3000 312140 53100000 1 DR Social Security 745.00 3000 312140 53101000 DR Flex Benefit Admin 6.00 3000 312140 53200000 1 DR Retirement 1.362.00 3000 312140 53300000 DR I lealth Insurance 2,497.00 3000 312140 53800000 DR Worker Comp 58.00 3000 318700 51300000 CR SaL_, Staff 9.732.00 3000 318700 53100000 CR Social Security 745.00 3000 318700 53101000 CR Flex Benefit Admin 6.00 3000 318700 53200000 CR Retirement. 1,362.00 3000 318700 53300000 CR Health Insurance 2,497.00 1 3000 318700 53800000 CR Worker Comp 58.00 I I I I I I I Re uest realloeation of funds to reclassifly'f11D budget for the 2016 grant veer. Alove budget from 318700 to 312140 Vol. SS"_. pg. ys __ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 49.8 9/15/2015 FUNDI DIV I ACCT PROJ DR/CRJ ACCOUNT NAME Increase Decrease 3000 318700 51300000 1 CR Salary Staff 276.00 3000 318700 53100000 CR Social Security 21.00 3000 318700 53101000 1 CR Flex Benefit Admin 0.00 3000 318700 53200000 CR Retirement 39.00 3000 318700 53300000 CR Health Insurance 86.00 3000 318700 1 53800000 CR Worker Comp 2.00 3000 312120 1 51300000 DR Salary Staff 276.00 3000 312120 53100000 DR Social Security '21.00 3000 312120 51300000 DR Flex Benefit Admin 0.00 3000 312120 53200000 DR Retirement 39.00 3000 312120 53300000 DR Health Insurance 56.00 3000 312120 53800000 T DR Worker Com p 2.00 TJJD-C-Commitment Reduction and TJ.ID-SA-Comm. Pro,raots Reallocation of fiords to reclassifv TJJD budUet for the 2016 grant year. Vol. _22.—Z� Pg. 8�- i, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 9/15!2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 312120 51300000 DR I Salam Stiff 276.00 3000 312120 53100000 DR Social Security 21.00 3000 312120 53101000 DR Flex Benefit Admin 0.00 3000312120 53200000 DR Retirement 39.00 3000 312120 53300000 DR Health Insurance 86.00 3000 312120 53800000 DRWorker Corip 2.00 3000 318700 51300000 CR Salary Staff 276.00 3000 318700 53100000 CR Social Security 21.00 3000 318700 53101000 CR Flex Benefit Admin 0.00 3000 318700 53200000 CR Retirement 39.00 3000 318700 53300000 CR liealth Insurance 86.00 3000 318700 53800000 1 CR I Worker Comp 2.00 � I I I I I I I I I I Re uest reallocation of funds to recl.ssifv TJ1D budget for the 2016 grant year. Move budget from 318700 to 312120 l , n [De'part L _ .p%val BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 49.9 9/15/2015 D FUN000 DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 310 312 0 51200000 CR Sala Dept. Bead 0.00 3000 312100 51300000 CR ISalary Staff 4,306.00 3000 1 312100 51610000 CR Hourly Staff 153.00 3000 312100 53100000 CR Social Security 341.00 3000 312100 53101000 CR Flex Benefit Admin 6.00 3000 312100 53200000 CR Retirement 624.00 3000 312100 5300000 CR Health Insurance 891.00 3000 312100 53800000 CR Worker Com 27.00 3000 312150 51200000 DR Salary Dept. Head 0.00 3000 312150 51300000 DR SalaryStaff 4,306.00 3000 312150 51610000 DR Hourly Staff 153.00 3000 312150 53100000 DR Social Security 341.00 3000 312150 5101000 DR Flex Benefit Admin 6.00 3000 372li0 53200000 DR Retirement 624.00 3000 ( 3L2I50 5300000 UR Healrhlnsurance 891.00 3000 312150 5800000 DR Worker Comp 27.00 TJJD-State Aid and T.LID-SA-iAlent:d Health Services Reallocation of funds to reelassifv TJJD bud¢et for the 2016 Eant yeqr. pg,--- /- R BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 9/15/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 312150 51200000 DR Salan' Dt [ Htad - 0.00 3000 312150 51300000 DR Salary Staff 4,306.00 3000 312150 SIfi10000 DR Hourly Staff 153.00 3000 312150 53100000 DR Social Securitv 341.00 3000 312150 53101000 DR Flex Benefit Admin 6.00 3000 312150 53200000 DR Retirement 624.00 3000 312150 53300000 DR IHealth Insurance 891.00 3000 312150 53800000 DR Worker Comp 27.00 3000 312100 51200000 CR Salary Dept dead 0.00 3000 312100 51300000 CR Salan' Stall 4,306.00 3000 312100 51610000 CR IfourlvStaff 153.00 3000 312100 53100000 CR Social Securitv 341.00 3000 312100 53101000 CR Flex Benefit Admin 6.00 3000 312100 53200000 CR Retirement 624.00 3000 312100 53300000 CR Ilealth Insurance 891.00 3000 312100 53800000 1 CR 1 Worker Conip 27.00 Re uest reallocation of funds w ree assify T1JD budget for the 20t6 grint year. Move budget from 312100 to 3 12 150 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 49.10 9115/2015 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 3000 312100 51200000 CR Salary Dept. Flead 0.00 3000 3121D0 Sli00000 CR Salary Staff 0.00 3000 312100 51610000 CR Hourly Staff 3,514.00 3000 312100 53100000 CR I Social Security 269.00 3000 312100 53101000 CR Flex Benefit Admin 2.00 3000 312100 53200000 CR Retirement 492.00 3000 312100 53300000 CR Health Insurance 904.00 3000 312100 1 53500000 CR Worker Comp 21.00 3000 312140 1 51200000 DR Salary Dept. Head 0.00 3000 312140 51300000 DR Salat Staff 0.00 3000 1 312140 51610000 DR Hourly Staff 3151400 3000 1 312140 53100000 DR Social Security 269.00 3000 312140 53101000 DR Flex Benefit Admin 2.00 3000 312140 53200000 DR Retirement 492.00 3000 1 312140 53300000 DR Health Insurance 904.00 3000 312140 53500000 DR Worker Com 21.00 ,rJ.1D-State Aid and TJJD-SA-Commitment Diversion Reallocation of funds to reclassifv 1*JJD budaet for the 2016 rant near. pg. Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 9/1512015 FUNDI DIV ACCT PROJ DR]CRI ACCOUNT NAME Increase Decrease 3000 312140 51200000 DR Snlary De t Bead 0.00 3000 312140 51300000 DR Salary Staff 0.00 3000 312140 51610000 DR Hourly Staff 3,514.00 3000 312140 53100000 DR Social Security 269.00 3000 312140 53101000 DR Flex Benefit Admin 2.00 3000 312140 53200000 DR Retirement 492.00 3000 312140 53300000 DR I[ lealth Insurance 904.00 3000 312 19 53800000 DR Worker Coni 21.00 3000 312100 51200000 CR Salve DeetFiend 0.00 3000 312100 51300000 CR Salary Staff 0.00 3000 312100 51610000 CR Hourly Staff 3,514.00 3000 312100 53100000 CR Social Security 269.00 3000 312100 53101000 CR Flex Benefit Admin 2.00 3000 312100 53200000 CR Retirement 492.00 3000 312100 53300000 CR Health Insurance 904.00 3000 312100 53800000 CR Worker Comp 21.00 Request reallocation of finds to reclassify'P1.1D budget for the 2016 gnint year. Move budget from 312100 to 312140 I F— [,;o7j� 5—� Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 49.11 9/15/2015 FUND DIV ACCT PR DR/CR ACCOUNT NAME Increase Decrease 3000 312100 51200000 CRSalary Dept. Head 0.00 3000 312100 51300000 CR Salam Staff 0.00 3000 312100 S 1610000 CR HourStaff 11,453.00 3000 312100 53100000 CR CR Social Security 878.00 3000 312100 1 53101000 CR Flex Benefit Admin 4.00 3000 312100 53200000 CR Retirement 1,608.00 3000 312100 53300000 CR Health Insurance 1,722.00 3000 312100 53500000 CR Worker Comp 69.00 3000 312130 51200000 DR Salary Dept. Head 0.00 3000 312130 51300000 DR Salary Staff 0.00 3000 312130 51610000 DR Hourly Staff 11,483.00 3000 312130 53100000 DR Social Security- S73.00 3000 312130 53101000 DR Flex Benefit Admin 4.00 3000 312130 53200000 DR Retirement 1,608.00 3000 312130 53300000 DR Health Insurance 1,722.00 3000 312130 53500000 DR Worker Comp 69.00 I I I EEL= TJ.I D -State Aid mtd'1'JJD-SA-Fre & Post Ad'ud. Reallocation of funds to reclassi , TJJD budget for the 2016 grant Near. I Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 911 512 01 5 FUND DIV ACCT PROJ DRJCRj ACCOUNT NAME Increase Decrease 3000 312130 51200000 I DR Sala Det Mead I 0.00 3000 312130 51300000 DR Salary Staff 0.00 3000 312130 51610000 DR Ilouriv Staff 11,483.001 3000 312130 53100000 DR Social Security 878.00 3000 312130 53101000 DR Flex Benefit Admin I 4.00 3000 312130 53200000 DR Retirement 1608.00 3000 312130 53300000 DR I lealth Insurance 1722.00 3000 1 312130 53800000 DR I Worker Comp 69.00 3000 312100 51200000 CR Salary Dept I lead 0.00 3000 312100 51300000 CR Salam Stag 0.00 3000 312100 51610000 CR Flourh StatT 11,433.00 3000 312100 53100000 CR Social Security 878.00 3000 312100 53101000 CR Flex Benefit Admin 4.00 3000 312100 53200000 CR Retirement 1,608.00 3000 312100 53300000 CR Health Insurance 1 1,72100 3000 312100 53800000 CR Worker Comp 69.00 I I I -Request reallocation of funds to reclassi fv TJJD budget for the 2016 grant year. %love budget from 312100 to 312130 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 49.12 9/15/2015 FUND DIV I ACCT I PROJ I DR/CR ACCOUNT NAME Increase Decrease 3000 312100 51200000 CR Salary Dept. I lead 0.00 3000 312100 51300000 CR Salary Staff 0.00 3000 312100 51610000 I CR Hourly Staff 16.479.00 3000 312100 53100000 CR Social Security 1.261.00 3000312100 53101000 CR Flex Benefit Admin 15.00 3000 312100 53200000 CR Retirement 2,307.00 3000 312100 53300000 CR Health Insurance 3.335.00 3000 31210053500000 CR Worker Com 3000 31�1�099.00 51200000 DR Salary Dept. Head 0.00 3000 312120 51300000DR Sal Staff 0.00 3000 312120 I 51610000 DR Hourlv Staff 16,479.001 3000 312120 53100000 1 DR I Social Security 1,261.00 3000 312120 53101000 DR Flex Benefit Adnan 15.00 3000 312120 53200000 DR Retirement 2 307.00 3000 312120 53300000 DR Health Insurance 3,355.00 3000 312120 53300000 DR 1Varker Comp 99.00 I I I I I I I I I I T.1.1 D -State Aid and'rJ.1D-SA-Contm. Programs Reallocation of funds to reclassifv TJJD budget for the 2016 Brant year. I I I I I I I I I I ( I I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 9/15/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 3000 312120 51200000 DR Salary Oct I lead 0.00 3000 312120 51300000 DR Salary Staff 0.00 3000 312120 j 51610000 1 DR IHourIN Staff 16,479.001 3000 312120 53100000 1 DR (Social Security 1,261.00 3000 312120 53101000 DR lFlex Benefit Admin 15.00 3000 312120 53200000 DR Retirement 2,307.001 3000 312120 53300000 1 UR I Flealth Insurance 3,388.001 3000 312120 1 53800000 DR I Workcr Comp 99.001 3000 312100 51200000 CR Salary Dept fiend 0.00 3000 312100 51300000 CR Sulary Staff 0.00 3000 312100 51610000 CR Hourly Staff 16 479.00 3000 312100 53100000 CR (Social Security 1 1.261.00 30000 53101000 CR Flcx Benefit Admin I 15.00 3000 312100 53200000 CR Retirement 2,307.00 3000 312100 53300000 CR Health Insurance 3.388.00 3000 1 312100 1 53800000 CR Worker Comp 99.00 I I I I I I I I Request reallocation of funds to reclassify T11D bud et for the 2016 grant year. Move budget from 312100 to 312120 Pg,- - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 49.13 9/15/2015 FUND DIV I ACCT I PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 23000100 61500000 CR Printing 114.00 0100 23000100 61490000 ( CR Petit Jury Expense .537.00 0100 23000100 60170000 CR Co ier/Printer/Fax Supply 63.00 0100 23000100 61060000 CR Bonds 22.00 0100 23000100 60500000 CR Equipment K IT Enhancements 520.00 0100 23000100 61730000 CR Tele hone -Long Distance 3.00 0100 23000100 672S60007 DR Equipment - Other 1.259.00 I I I I I I I I I I I I I I I I I CCL ml Reallocation or funds to purchase a Taser. I I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15-49.14 9/1512015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 6i' l 1000 CR Software 19,800.00 0100 14000100 60'11000 DR Software - no tag 19.500.00 IT Reallocation of funds to urehase the ServiceNow Discovery "Pool Software. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 15, 2015 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 272nd District Court Montoya, Ernest Merit Rodriguez, Connie Merit Associate Judge #1 Brazos Center Paradis, Lisa Bruce, Robert Burgess, Bo Spencer, Joanna Stennis, Bless Sustaita, Miguel Merit Transfer w/in Dept. Merit Pay Code Change Merit Merit Budget Office Jett, Irene COLA & Merit Means, Nina Merit Commissioner's Court Coffman, Cheryl Merit Gallego, Candy Merit Constable Pct.2 Emert, Steven Group Change Glidewell, Pete Group Change/Merit Matejka, Joe Group Change Ortiz, Ernest Group Change Vasquez, Miguel Group Change Wendt, Stephanie Group Change/Merit County Judge Eckstrom, Bethany Group Change/Merit Gott, Myra Merit Sutton, Kristy New Hire N Younts, Frieda Position Eliminated Emergency Management Bailey -Meade, Michele COLA Exposition Complex Beiseigel, Jon Termination Bernal, Matthew Merit Cammack, Lonnie Merit Cannon, Margaret Merit Chappel, Donny Merit Dempsey, Darla Merit Eaton, Harold Termination Eaton, Harold Reinstated Foster, Jacqueline Merit Gardner, Keri Termination Holiday, Bobby Termination Jones, Jackie Termination Jones, Jackie Reinstated Kemp, Danny Termination Kolbe, Clarence Merit Lampman, Aaron Resignation Lerma, Alberto Termination Lockhart, Fiona Merit Marshall, Jakub Termination Mokry, Nicholas Termination Orr, Robert Termination Orr, Robert Reinstated Quarles, Tom — -COLA Spelce, John Termination Thomas, Margaret Termination Thomas, Margaret Reinstated Vickers, Adam Termination Waters, Ronald Termination Wolfe, Joan Merit Zamora, Francisco Termination 2 Vol. a2s . Pg.:60 Human Resources Flores, Antonia Merit Mendez, Mary Merit Salazar, Jennifer COLA & Merit JP Pct. 1 Sippel, Jessica Merit Treat, Ronnie Merit JP Pct. 2 Goerlitz, Shawna Merit JP Pct. 4 Garcia, Loretta New Hire Garcia, Mary Termination Vela, Elizabeth Merit Medical Services Jones, Michael COLA MPO McCaleb, Brad Merit Benthful, Bart Merit Purchasing Contreras, Leslie Group Change/Merit Maness, Lani Merit Pistler, Jodi Group Change Rutledge, Amanda Merit Wendt, Charles COLA Sheriff's Office — Detention Center Blanton, Virgena Resignation Donaldson, Dillon Step Increase Lee -,Alan Resignation Mitchell, Cameron Resignation Roberson, Wanda Step Increase Santana, Guadalupe Step Increase Wilson, Kenneth Step Increase Sheriff's Office — Medical Martinez, Joshua Resignation Needham, Christiana Resignation 3 Vol. - 02,5 pg, --_. / Tax Office Approved in Commissioners' Golson, Patricia Promotion Pobletts, George Termination Pobletts, George Reinstated Taylor, Reta Termination Taylor, Reta Reinstated County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. =— Pg• ��`�