HomeMy WebLinkAbout2016-07-05 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON JULY 5, 2016 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard
2. Call for Citizen input andlor concerns
3. Presentations and/or Discussions
Presentation of the 2015 Compliance Report for the Economic Development
Agreements monitored by the Research Valley Partnership for Brazos County.
Consider and take action on agenda items 4-20:
4. Reappointment of the following to the Local Workforce Development Board; terms of
appointments are 07/01/2016 - 06/30/2019:
• a. Angie Alaniz, Education
• b. Robert Orzabal, Private Sector
• c. Doug Weedon, Vocational Rehab
5. Consider and take action on an order authorizing the County Attorney to initiate a lawsuit
against Volkswagen and Audi for violations of the Clean Air Act and authorizing the
employment of outside counsel.
6. Consider and possible action setting the bond amount for the Election Administrator at
$20,000 and approval of such Official Bond and Oath for Trudy Hancock pursuant to
Section 31.040 (a) of the Texas Election Code.
7. Consider and possible action on requiring a bond for all of the Election Administrator's
deputies in the amount of $20,000 and approval of such bonds in accordance with
Section 31.040 (b) of the Election Code.
Vol. Pg. 02& %
8. Memorandum of Understanding between Brazos County and Community Supervision &
Corrections Department in Regards to the Pre -Trial Bond Supervision Program.
9. Memorandum of Understanding between Brazos County and Community Supervision &
Corrections Department in Regards to the Drug Court Program.
10. Memorandum of Understanding with the Texas Juvenile Justice Department for
housing of Deborah Harris -Regional Director.
11. Contract with Stuart Ervin of Central Texas Polygraph Associates forjuvenile sex
offender polygraphs.
12. Contract with the Madison County Juvenile Probation Department for the contracting of
pre -adjudication detention beds.
13. The Replat of Lot 14 Cedar Oaks Estates, Volume 1239, Page 739 And The Adjoining
Quitclaimed Roadside Area; 5.832 Acres; H. R. Cartmell Survey, A-88, Brazos County,
Texas. Site is located in Precinct 2.
14. Recommendation and award of the design contest for Brazos County Health & Wellness
Clinic.
15. Tax Refund Applications for the following:
• a, Guadalupe Zarate-overpayment-$840.99
• b. Darla Garcia -overpayment -$17.05
• c. Gloria Cary -overpayment -$15.29
• d. Rebecca Brown -overpayment -$7.15
16. Budget Amendments,
Budget Amendments 15/16 40.1 -40.4
17. Personnel Change of Status.
Personnel Action Forms
18. Payment of Claims.
19. Convene into the following Executive Sessions:
• a. Executive Session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
• b. Executive Session pursuant to Texas Government Code 551.074 to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the position of Chief Information Officer.
• c. Executive Session pursuant to Texas Government Code 551.074 to discuss
personnel matters.
20. Consider and possible action on executive sessions.
21. Sheriff's report on inmate population.
22. Announcement of interest items and possible future agenda topics.
23. Call for Citizen input and/or concerns
24. Adjourn.
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 Brazes 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,
ari addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or Integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published aeenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. I-bwever, 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 ensuing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
Vol. 9 J� Pg. 02 &/ 7
MINUTES
JULY 5, 2016
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the
Brazos County Commissioners Courtroom in the Administration Building, 200 South
Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, July
5, 2016 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.
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard
2. Call for Citizen input and/or concerns
There was no citizen's input.
3. Presentations and/or Discussions
Presentation of the 2015 Compliance Report for the Economic Development
Agreements monitored by the Research Valley Partnership for Brazos County.
At this point the County Judge announced that the Court would hear Item 14 and then
return to the presentation.
After hearing the previous noted item a presentation was given by Charles Martinez with
Research Valley Partnership. Mr. Martinez explained the 2015 Compliance Report
highlighting the following nine projects: Axis Pipe & Tube, Conoco Phillips Specialty
Products Inc., FujiFilm (2 projects), Kent Moore Cabinets, Nutrabolt, Penncro, Reynolds
& Reynolds, and Toyo Ink.
A copy of the presentation is attached.
Consider and take action on agenda items 4-20:
Reappointment of the following to the Local Workforce Development Board; terms of
appointments are 07/01/2016 - 06/30/2019:
a. Angie Alaniz, Education
b. Robert Orzabal, Private Sector
c. Doug Weedon, Vocational Rehab
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
5. Consider and take action on an order authorizing the County Attorney to initiate a lawsuit
against Volkswagen and Audi for violations of the Clean AirAct and authorizing the
employment of outside counsel.
A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Consider and possible action setting the bond amount for the Election Administrator at
$20,000 and approval of such Official Bond and Oath for Trudy Hancock pursuant to
Section 31.040 (a) of the Texas Election Code.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
Consider and possible action on requiring a bond for all of the Election Administrators
deputies in the amount of $20,000 and approval of such bonds in accordance with
Section 31.040 (b) of the Election Code.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
vol. Pg-2a1
a %
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
8. Memorandum of Understanding between Brazos County and Community Supervision &
Corrections Department in Regards to the Pre -Trial Bond Supervision Program.
A copy of the Memorandum of Understanding is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
9. Memorandum of Understanding between Brazos County and Community Supervision &
Corrections Department in Regards to the Drug Court Program.
A copy of the Memorandum of Understanding is attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
10. Memorandum of Understanding with the Texas Juvenile Justice Department for
housing of Deborah Harris -Regional Director.
A copy of the Memorandum of Understanding is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
11. Contract with Stuart Ervin of Central Texas Polygraph Associates forjuvenile sex
offender polygraphs.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
12. Contract with the Madison County Juvenile Probation Department for the contracting of
pre -adjudication detention beds.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
13. The Replat of Lot 14 Cedar Oaks Estates, Volume 1239, Page 739 And The Adjoining
Quitclaimed Roadside Area; 5.832 Acres; H. R. Cartmell Survey, A-88, Brazos County,
Texas. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann. /
Vol. _'U4. Pg. %Z
14. Recommendation and award of the design contest for Brazos County Health & Wellness
Clinic.
Human Resources Director announced that Mandie James from the District Attorney's
Office won the Brazos County Health and Wellness Clinic design contest. Mrs. Salazar
stated that Mrs. James' design was one of thirteen (13) submissions and that she will
receive a prize for her winning design.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
15. Tax Refund Applications for the following:
• a, Guadalupe Zarate-overpayment-$840.99
• b. Darla Garcia -overpayment -$17.05
• c. Gloria Cary -overpayment -$15.29
• d. Rebecca Brown -overpayment -$7.15
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
16. Budget Amendments.
Budget Amendments 15/16 40.1 -40.4
40.1 Reallocate funds for Juvenile Services.
40.2 Transfer funds from TYC Parole to Juvenile Detention.
40.3 Reallocate funds for Constable, Precinct 1.
40.4 Reallocate funds for Juvenile Services.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
17. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
After the Executive Sessions a motion was made by Commissioner Cauley to deny the
Personnel Action Form of Helen Cook to separate. The motion was seconded by
Vol. 17 3 pg, �%3
Commissioner Mallard and the Court voted to deny the Personnel Action Form of
separation for Helen Cook.
Motion: Deny, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
18. Payment of Claims.
Claims 7145942-7146127
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
19. Convene into the following Executive Sessions:
• a. Executive Session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
• b. Executive Session pursuant to Texas Government Code 551.074 to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the position of Chief Information Officer.
• c. Executive Session pursuant to Texas Government Code 551.074 to discuss
personnel matters.
Having considered agenda items 21 through 23, at 10:27 a.m. the County Judge stated
that the Court would convene into Executive Session to first discuss session (c) as
stated above.
The following individuals were asked to attend Executive Session c:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
Jennifer Salazar, Human Resources Director
After deliberating on Executive Session c, the County Judge announced that the Court
would reconvene into Executive Session to discuss session (b) as stated above.
The following individuals were asked to attend Executive Session b:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
Jennifer Salazar, Human Resources Director
Eric Caldwell, Chief Information Officer
After deliberating on Executive Session b, the County Judge stated that the Court would
not be discussing Executive Session (a).
20. Consider and possible action on executive sessions.
Vol. 3 6 Pg. a,7
At 11:08 a.m. the County Judge announced the meeting open to the public and
announced that no action would be taken on the Closed Executive Session (c).
At 12:59 a.m. the County Judge announced the meeting open to the public again.
Commissioner Cauley then asked to revisit agenda item 17, Personnel Change of
Status.
Having reconsidered agenda item 17, the County Judge stated that the Court would now
take action on Closed Executive Session (b). On motion by Commissioner Cauley,
seconded by Commissioner Mallard the Court voted unanimously to take disciplinary
action on the Chief Information Officer to include a suspension of two (2) weeks unpaid
leave.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
21. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 680 inmates in jail.
22. Announcement of interest items and possible future agenda topics.
There were no announcements.
23. Call for Citizen input and/or concerns
Judge Peters announced that there is a Special Called Session today at 1:30 p.m.
24. Adjourn.
Vol. o� J' (o Pg. �`SJ
The foregoing minutes of the Commissioners Court meeting held July 5, 2016 have been
examined and are approved in open Court this V', day of
2016, in Bryan, Brazos County, Texas.
Duane Peters Lloy Wassermann
County Judge
J
my Ca en
Commis oner, Precinct 2
Irma auley
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Commissioner, Precinct 1
Kenny Mallar
Commissioner, Precinct 3
Vol. gs � Pg.g �&/
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Chief Elected Official's Membership Guide for local Workforce Development Boards
H-400: Board Appointments
,< �r LOCAL WORKFORCE DIiVEIOPMENT BOARD APPOINTMENTS'
Individuals may receive, review and correct information that TWC collects about the individual by emailing to ogcn, records(Aiwc.stata.tx us or
writing to TWC Open Records, Rut 266, 101 East 15th St., Austin, TX 78778-0001.
March 2012 Page 42
Vol. .j �D _ Pg. �Z9e .
CATEGORY
TERM
NAME
REPRESENTED
MONTa/DAYIYEAR TRRU MONTa/DAYIYEAR
Appointments (New)
Reappointments
Angie Alaniz
Education
07/01/2016 - 06/30/2019
Robert Orzabal
Private Sector
07/01/2016. 06/30/2019
Doug Weedon
Vocational Rehab
07/01/2016.06/30/2019
-AUTHORIZATION. ,...'>
Hon. Duane Peters Brazos County Judge
Print/Type CEO Name tt y O Title
lf�f-
Brazos Valley (16)
Print/Type name of Workforce Area CEO Signature Date
Individuals may receive, review and correct information that TWC collects about the individual by emailing to ogcn, records(Aiwc.stata.tx us or
writing to TWC Open Records, Rut 266, 101 East 15th St., Austin, TX 78778-0001.
March 2012 Page 42
Vol. .j �D _ Pg. �Z9e .
J
BRAZOS COUNTY COMMISSIONERS COURT ORDER
Authorizing Enforcement of the Texas Clean Air Act
and employing Special Counsel to file suit to enforce the Act.
WHEREAS, it reasonably appears from public statements made by
Volkswagen Aktiengesellschaft and its subsidiaries Volkswagen Group of America,
Inc. and Audi of America, LLC (hereinafter "Volkswagen") that air pollution
violations of the Texas Clean Air Act have occurred within the jurisdiction of
Brazos County since 2008; and
WHEREAS, Brazos County is empowered by statute to enforce the Texas
Clean Air Act within Brazos County in the same manner as the Texas Commission
for Environmental Quality; and
WHEREAS, enforcement of the law regarding air pollution requires Brazos
County to institute legal proceedings requiring legal services; and
THEREFORE, the Commissioners Court of Brazos County, Texas does
hereby ORDER and RESOLVE that:
1. Commissioners Court grants an exemption from competitive bidding and
proposal procedures in accordance with Texas Local Government Code Section
262.024(a)(4) providing that a contract for professional service is exempt from the
requirements established by Section 262.023 of the Local Government Code.
2. Commissioners Court selects Anthony F. Constant as Special Counsel under the
terms and conditions of employment of such counsel as set out in the attached
Professional Services Agreement.
3. The Brazos County Commissioners Court finds as follows:
(1) there is a substantial need for the legal services;
Page 1 of 3
Vol. __ Pg. i�
(2) the legal services cannot be adequately performed by the attorneys and
supporting personnel of Brazos County or by the attorneys and supporting
personnel of another public agency; and
(3) the legal services cannot reasonably be obtained from attorneys in private
practice under a contract providing only for the payment of hourly fees,
without regard to the outcome of the matter, because of the nature of the matter
for which the services will be obtained and because Brazos County does not
have appropriated funds available to pay the estimated amounts required under
a contract providing only for the payment of hourly fees; and
4. Commissioners Court authorizes the Brazos County Attorney and Special
Counsel to file such claims and litigation as the Brazos County Attorney and
Special Counsel deem necessary against Volkswagen Aktiengesellschaft, Audi
Aktiengesellschaft, Dr. Ing. h. c. F. Porsche Aktiengesellschaft, Robert Bosch
GmbH, Volkswagen Group of America, Inc., Audi of America, LLC and their
corporate affiliates, parents, and subsidiarics, and such other defendants as may be
added to the litigation (collectively "Defendants"). The lawsuit concerns air
pollution caused by the maintenance and operation of certain automobiles in
Brazos County and violations of the Texas Clean Air Act and the environmental
regulations promulgated by the Texas Commission on Environmental Quality in
Title 30 of the Texas Administrative Code and any other applicable common law
or statutory causes of action that may exist to reduce air pollution in Brazos
County and prevent conduct that increases air pollution in Brazos County in
violation of law, including those laws that preceded the current statutes.
5. The Brazos County Judge or his designee is authorized to execute on behalf of
Brazos County an agreement with Special Counsel (hereinafter the "Agreement")
containing terms and provisions substantially similar to those contained in the
attached agreement.
6. All fees to be paid to Special Counsel are contingent upon the recovery of the
penalties, attorneys' fees and costs as provided for in the Agreement and shall be
paid only from such recovery and no money shall be due or paid from the General
Fund or any special fund under the Agreement.
7. All Brazos County officials and employees are authorized to do any and all
things necessary or convenient to accomplish the purposes of this order.
Page 2 of 3
DONE IN OPEN COURT this the P Bk* day of 4 016.
Lloyd asserman
Commissioner Precinct 1
J� 1
Kenny Mallard
Commissioner Precinct 3
ATTEST:
Clerkdounty
Duane Peters
County Judge
Commissioner
Page 3 of 3
Vol. eggj 6 — Pg.2-%j
Precinct 2
PROFESSIONAL SERVICES AGREEMENT
(Contingent Fee Special Counsel for Environmental Litigation)
The Parties to this Professional Services Agreement ("Agreement") are
Brazos County, Texas ("CLIENT"), and Anthony F. Constant "SPECIAL
COUNSEL" ).
In consideration of the mutual promises herein contained, the parties hereto agree
as follows:
I. Purpose of Representation
1.01 CLIENT has determined to bring a law enforcement civil action (the
"enforcement action") to enforce Texas environmental law for violations of
the Texas Clean Air Act committed in Brazos County and publicly
announced and admitted by Volkswagen Aktiengesellschaft.
1.02 The action will be taken against the perpetrators of these environmental
violations Volkswagen Aktiengesellschaft, Audi Aktiengesellschaft,
Volkswagen Group of America Inc., Audi of America LLC,
Dr. Ing. H.c. F. Porsche Aktiengesellschaft, Porsche Cars North America,
Inc., Robert Bosch, LLC, Robert Bosch GmbH and their corporate
affiliates, parents, and subsidiaries, and such other defendants as may be
added to the litigation (collectively "Defendants").
1.03 Subject to the oversight and approval of the Brazos County Attorney,
CLIENT has determined to employ SPECIAL COUNSEL to assist in the
prosecution of the necessary civil cases on behalf of CLIENT against
Defendants for such violations. In the civil case, SPECIAL COUNSEL shall
seek to recover the civil penalty prescribed by law, and attorney's fees and
such other pecuniary recovery as may be provided for by the laws of the State
of Texas for Defendants' violations of the Texas Health and Safety Code, the
Texas Water Code, the rules promulgated by the Texas Commission on
Environmental Quality in Title 30 of the Texas Administrative Code, and any
other applicable common law or statutory causes of action, including but not
limited to environmental statutes, rules and regulations including those laws
that preceded the current statutes (the "Representation").
Page I of Vol. oZ� __ Pg.%V_
1.04 SPECIAL COUNSEL will work under the oversight and approval of the
Brazos County Attorney or his designee. SPECIAL COUNSEL agrees to
perform all necessary legal work with reference to the Representation
1.05 The term of this Agreement shall end after the conclusion of the
Representation unless either party extends or terminates this Agreement in
accordance with its provisions.
1.06 No party shall assign, in whole or in part, any duty or obligation of
performance under this Agreement, without the express written permission
of the other parties, unless otherwise authorized in this Agreement.
1.07 The person or entity that SPECIAL COUNSEL represents is CLIENT, and
SPECIAL COUNSEL's attorney-client relationship does not include any
related persons or entities. If any potential conflict arises with respect to the
Representation, SPECIAL COUNSEL will make full disclosure of the
possible effects of such Representation on the professional judgment of each
individual associated with SPECIAL, COUNSEL working on the
Representation. In the event a potential conflict occurs during the course of
the Representation, SPECIAL COUNSEL will make a full, written
disclosure of such conflict to the Brazos County Attorney.
1.08 It is understood and agreed that SPECIAL COUNSEL's engagement is
limited to the Representation. SPECIAL COUNSEL is not being retained as
general counsel, and SPECIAL COUNSEL's acceptance of this Agreement
does not imply any undertaking to provide legal services other than those set
forth in this Agreement.
1.09 Any expressions on SPECIAL COUNSEL's part concerning the outcome
of the Representation, or any other legal matters, are based on SPECIAL
COUNSEL's professional judgment and are not guarantees. Such
expressions,- even when described as opinions, are necessarily limited by
SPECIAL COUNSEL's knowledge of the facts and are based on SPECIAL
COUNSEL's views of the state of the law at the time they are expressed.
SPECIAL COUNSEL has made no promises or guarantees to CLIENT
about the outcome of the Representation, and nothing in these terms of
engagement shall be construed as such a promise or guarantee.
Page 2 of 9 Vol. 7! 6 p 9�
9�--
II. Compensation and Other Matters
2.01 For and in consideration of the services performed under this Agreement,
if and only if the enforcement action set out above does create a recovery
amount to CLIENT, then out of such recovery amount, and only out of such
recovery amount, CLIENT will pay SPECIAL COUNSEL a fee calculated
in strict adherence to the applicable limitations of Subchapter C, Chapter
2254 of the Texas Government Code and the provisions and limitations set
forth in Section 3.09 of this Agreement. This Agreement does not create any
right for SPECIAL COUNSEL to collect fees from an award to the State of
Texas directly or on behalf of CLIENT in this or any other enforcement
action.
2.02 Brazos County will not advance any litigation expenses under this
Agreement. Brazos County will pay nothing in advance of resolution of the
claims and afterwards will pay nothing unless there is a recovery from
Defendants and any payment will come only from the funds paid by the
Defendants. Payment from the funds recovered from Defendants is limited
to the fee as calculated in Section 3.09 and reimbursement of reasonable and
necessary expenses as calculated in Section 3.10. In the event there is no
recovery from Defendants, SPECIAL COUNSEL will be responsible for
payment of reimbursable expenses.
2.03 SPECIAL COUNSEL will be responsible for paying all expenses of
litigation directly to the vendor, such as fees owed to experts, deposition
expenses, and other court costs or fees.
2.04 This Agreement shall not confer upon SPECIAL COUNSEL any right to
any portion of any sum awarded, if any, to the State of Texas as a result of
this Representation. Any payment to Special Counsel will be made only
from the Division of Civil Penalty and reasonable costs and attorneys fees
provided for by Sections 7.107 and 7.354 of the Texas Water Code that
belong to Brazos County.
2.05 SPECIAL COUNSEL has been engaged to provide legal services in
connection with the Representation as specifically defined in this
Agreement. After completion of the Representation, changes may occur in
the applicable laws or regulations that could affect CLIENT's future rights
and liabilities in regard to the Representation. Unless SP/ECTAL COUNSEL
Page 3 of 9 Vol. _OZ� 6 _ Pg. o2 y e
4
is actually engaged after the completion of the Representation to provide
additional advice on such issues, SPECIAL COUNSEL has no continuing
obligation to give advice with respect to any future legal developments that
may pertain to the Representation.
2.06 At the conclusion of the Representation, SPECIAL COUNSEL will return
to CLIENT any documents that SPECIAL COUNSEL is specifically
requested to return. As to any documents so returned, SPECIAL COUNSEL
may elect to keep a copy of the documents in SPECIAL COUNSEL's stored
files. CLIENT owns all final work product generated from the
Representation.
2.07 Any notice required or permitted to be given by the CLIENT to SPECIAL
COUNSEL hereunder may be given by hand delivery, facsimile, email or
certified United States Mail, postage prepaid, return receipt requested,
addressed to:
Constant Law Firm
800 N. Shoreline Blvd. Ste. 2700 S.
Corpus Christi, Texas 78401
Fax 361 887 8010 ,
office@constantlawfirm.com
Any notice required or permitted to be given by SPECIAL COUNSEL to
CLIENT hereunder may be given by hand delivery, email or certified United
States Mail, postage prepaid, return receipt requested, addressed to:
The Honorable Bill Ballard
Chief, Civil Division
Brazos County Attorney's Office
300 East 26°i Street, Suite 1300
Bryan, Texas 77803
wballard@brazoscountytx.gov
Such notices shall be considered given and completed upon successful
transmission or upon delivery as confirmed by the return receipt requested
card, if by United States Mail.
Page 4 of 9 Vol e 2-4— pg. e F-% j
2.08 SPECIAL COUNSEL affirmatively consents to the disclosure of its email
addresses that are provided to CLIENT. This consent is intended to comply
with the requirements of the Texas Public Information Act, TEX GOVT
CODE ANN. § 552.137, et seq., as amended, and shall survive termination
of this Agreement. This consent shall apply to email addresses provided by
SPECIAL COUNSEL and agents acting on SPECIAL COUNSEL's behalf
and shall apply to any email address provided in any form for any reason
whether related to this Agreement or otherwise.
2.09 It is expressly understood that SPECIAL COUNSEL has no authority to
settle or otherwise compromise the position of CLIENT or any of its
officers. CLIENT retains all authority to settle the case.
2.10 Nothing herein shall be construed as creating any personal Iiability on the
part of any officer or agent of CLIENT.
2.11 CLIENT shall have the absolute right to settle the case for no penalty and
no recovery which would yield no contingent fee to SPECIAL COUNSEL
and no reimbursement of expenses.
2.12 If any provision of this Agreement is held in whole or in part to be
unenforceable, void, or voidable for any reason then such provision will be
modified to reflect the parties' intention and to make the provision
enforceable. It is the parties' intention that the suit against Defendants shall
continue regardless of whether any single part of this Agreement is
unenforceable, void or voidable. In the event that one or more provision of
this Agreement is held unenforceable, all remaining provisions of this
Agreement that have not been determined by a court as being unenforceable,
void, or voidable shall remain in full force and effect.
III. Required Recitals
3.01 This Agreement is only effective after review and approval by the
Comptroller for the State of Texas.
3.02 SPECIAL COUNSEL shall keep current and complete written time and
expense records that describe in detail the time and money spent each day in
performing under this Agreement in a manner consistent with Section
2254.104(a) Texas Government Code.
Page 5 of 9 Vol. G�7✓, 6 Pg._
3.03 At any time upon request, SPECIAL COUNSEL shall permit CLIENT'S
ATTORNEY, CLIENT'S governing body, other governing officials, the
Attorney General for the State of Texas, the State Auditor, or any other
appropriate official, to inspect or obtain copies of the time and expense
records kept in accordance with Section 3.02, in a manner consistent Section
2254.104(b) Texas Government Code.
3.04 Upon conclusion of any matter for which SPECIAL COUNSEL was
retained, SPECIAL COUNSEL shall provide CLIENT with a complete
written statement that describes the outcome of the matter, states the amount
of any recovery, shows COUNSEL'S computation of the amount of the
contingent fee, and contains the final complete time and expense records, in
a manner consistent Section 2254.104(c) Texas Government Code. The
complete written statement required under this section is public information
under Chapter 552 of the Texas Government Code and may not be withheld
from a requester under that chapter under Section 552.103 or any other
exception from required disclosure.
3.05 All time and expense records kept in accordance with Section 3.02 are
public information subject to required disclosure under Chapter 552.103 of
the Texas Government Code. Information contained in the time and expense
records may be withheld from a member of the public under Section 552.103
of the Texas Government Code only if, in addition to meeting the
requirements of Section 552.103 of the Texas Government Code, the chief
legal officer or employee of CLIENT determines that withholding the
information is necessary to protect Brazos County's strategy or position in
pending or reasonably anticipated litigation. If any information is withheld
in accordance with this Section, CLIENT shall segregate said information
from information that is subject to required public disclosure.
3.06 There is no difference in the method by which the contingent fee is
computed if the matter is settled, tried, or tried and appealed.
3.07 The amount recovered for purposes of the contingent fee computation is
the amount obtained before expenses are deducted.
3.08 SPECIAL COUNSEL shall not subcontract legal services under this
contract without permission of client. In such event, such fees will not be
considered reimbursable expenses.
Page 6 of 9 FVol.ol-
of ,3 �P pg -.v? Z
3.09 The amount of the contingent fee and reimbursement of expenses under
this Agreement will be paid and limited in accordance with all applicable
provisions of Subchapter C, Chapter 2254 of the Texas Government Code
including Section 2254.105(5). SPECIAL COUNSEL'S contingent fee is
limited to the lesser of 35% of the amount recovered or four times SPECIAL
COUNSEL'S base fee, as that term is used in Texas Government Code §
2254.106. Because of the expected difficulties in performing the work under
this Agreement, the amount of expenses expected to be risked by SPECIAL
COUNSEL, the expected risk of no recovery, and the expected long delay in
recovery, a reasonable multiplier for the base fee in this matter is four.
SPECIAL COUNSEL'S reasonable hourly rate for the work performed
under the Agreement by Anthony F. Constant is $900 an hour, $500 per
hour for non -partners, and $200 per hour for paralegals or law clerks based
on the relevant experience, demonstrated ability, and standard hourly billing
rates for these attorneys, paralegals, and law clerks. These rates apply to the
subcontracted work performed, if any, by an attorney, law clerk, or
paralegal. The base fee will be calculated pursuant to Chapter C, Section
2254 of the Texas Government Code by multiplying the number of hours the
attorney, paralegal, or law clerk worked in providing legal or support
services for the CLIENT times the reasonable hourly rate for the work
performed by the attorney, paralegal, or law clerk. The base fee is
calculated by adding the resulting amounts. The computation of the base
fee does not include hours or costs attributable to work performed by a
person who is not a contracting attorney or a partner, shareholder, or
employee of a contracting attorney or law firm.
3.10 If the Representation results in a recovery from the Defendants, then after
the payment of the fee provided for in Section 3.09, from the portion of the
recovery from the Defendants remaining, CLIENT will reimburse SPECIAL
COUNSEL for reasonable and necessary expenses advanced and actually
paid out of pocket by SPECIAL COUNSEL in the prosecution of the
enforcement action ("Reimbursable Expenses"). Reimbursable expenses do
not include normal overhead and operating expenses of Special Counsel.
Reimbursable expenses do not include transportation costs of any kind
within Brazos County. Reimbursable expenses do include fees paid to
experts; fees, costs and expenses paid in connection with mediation; fees,
costs and expenses associated with transcription services and videotaping of
depositions and hearings; travel expenses; investigation expenses; copy costs
paid to outside vendors; Westlaw expenses; expenses associated with
creating demonstrative exhibits or other means of evidence presentation
Page 7 of 9 Vol. pg. 966
during trial or hearings (such as trial graphics) by outside vendors; and
expenses in connection with the handling, searching, recording and
reproducing of electronically stored information. Travel expenses of
Anthony Constant to Brazos County are not reimbursable expenses unless
required to attend a deposition or mediation.
3.11 SPECIAL COUNSEL agrees to fully indemnify, defend and hold harmless
CLIENT for and from any cost or expense arising from or related to any
judgment, fine, fee, penalty, award, sanction or other cost or expense, to
include attorney's fees, which may be ordered, imposed on or assessed
against CLIENT arising from or related to the Representation covered by
this Agreement. This paragraph 3.11 shall survive termination of the
Representation. If a counterclaim arises in this litigation, SPECIAL
COUNSEL will defend CLIENT as part of the Representation. SPECIAL
COUNSEL represent and warrant that they carry sufficient professional
liability insurance.
3.12 Not withstanding any other provision of this Agreement, in no event will
the contingent fee plus the reimbursement of expenses together exceed 35%
of the recovery.
3.13 In the event that SPECIAL COUNSEL is at any time retained by another
County for the prosecution of a similar lawsuit for civil enforcement of the
Texas Clean Air Act against any of the parties named as defendants in the
suit brought by Brazos County or against any of their subsidiaries, parents or
related companies, Brazos County shall be entitled to receive the benefit of
any more favorable terms to be found in the other County(ies) contract
which terms shall supersede the less favorable terms found in this
Agreement. SPECIAL COUNSEL shall immediately advise CLIENT of any
such more favorable contract terms with another county client and shall
forward said contract to CLIENT FOR CLIENT'S review, SPECIAL
COUNSEL and CLIENT shall thereafter agree to incorporate the more
favorable terms or otherwise revise this Agreement in order to assure that
Brazos County, the CLIENT, receives the more favorable treatment.
3.14 If Brazos County collects nothing from Defendants, Brazos County owes
nothing to Special Counsel and in that event, Brazos County will not
reimburse Special Counsel for any expenses and will not pay Special
Counsel any fee.
Page 8of9 Vol. az34pg._3O/_�
3.15 Any subcontracted legal or support services performed by a person who is
not a contracting attorney or a partner, shareholder, or employee of a
contracting attorney or law firm is an expense subject to reimbursement
only in accordance with Subchapter C, Chapter 2254, Tex. Gov't Code, as
required under §2254.105(4), Tex. Gov't Code.
Brazos CoymtT,
Duane Peters
Brazos County Judge
Approved By:
DATE: ( L�5I6
By: DATE: ! 5
Bill Ballard
Chief, Civil Division
Brazos County Attorney's Office
Anthony Constant
Special Counsel
Approved By:
Office of the Texas
Comptroller of Public Accounts
Deputy Comptroller or his designee
Date:
DATE: 06/28/2016
Page 9 of 9 Vol. I -:
Pg _c3Qg�
COMMISSIONER COURT MINUTES OF
JULY S, 2016
ARE CONTINUED IN VOLUME 237 PAGE 1
COMMISSIONER COURT MINUTES OF
JULY 512016
ARE CONTINUED FROM VOLUME 236
OLD REPUBLIC SURETY COMPANY
(800) 217-1792
OFFICIAL BOND AND OATH
Bc
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Trudy Hancock of
Principal, and Old Republic Surety Company , a corporation ....,, ii�uti=U is ao ousiness
in the State of Texas, as Surety, are held and firmly bound unto the Brazos County Judge
and/or his/her successors in the penal sum of Twenty Thousand Dollars ------
($ 20,000.00 ), for the payment of which we hereby bind ourselves, or heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
SIGNED, SEALED and DATED this 29th day of June 20 16
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the above bounden Principal was on
the 1st day of July , 20 16 duly Appointed
(Elected — Appointed)
to the office of Election Administrator in and for Brazos County Judge County in the
State of Texas, for a term of 1 year(s) commencing on the 1st day of
July , 20 16
NOW, THEREFORE, if the said Principal shall faithfully perform and discharge all the duties required of him/her
by law as the aforesaid officer, and shall: (Check if conditions apply)
❑ "Will faithfully pay over, in the manner prescribed by law, all money which he may collect or which may
come to his hands for the State or for any county."
❑ "That he will faithfully pay over in the manner prescribed by law all moneys which he may collect or
which may come to his hands for the State or any county."
❑ "That he will pay over to the person or officer entitled to receive it, all moneys that may come into his
hands as county judge, and that he will pay over to his county or moneys illegally paid to him out of
county funds, as voluntary payments or otherwise, and that he will not vote or give his consent to pay
out county funds except for lawful purposes."
❑ "For the safekeeping of the records and the faithful discharge of the duties of his office, and further
conditioned that said clerk will pay over to his county all moneys illegally paid to him out of the county
funds, as voluntary payments or otherwise."
❑ "For the faithful performance of his duties."
❑ "Shall faithfully execute the duties of his office and pay over according to law, all moneys which shall
come into his hands as county treasurer, and render a true account thereof to said court at each regular
term of said court."
❑ "For the faithful discharge of the duties of his office."
❑ "Upon the faithful performance of his duties"
❑ "That he will faithfully perform the duties of his office."
❑ "That he shall well and truly perform the duties of his office."
❑ "That he will account for and pay over to the persons authorized by law to receive the same, all fines,
forfeitures and penalties that he may collect for the use of the State or any county, and that he will well
and truly execute and make due return of all process and precepts to him lawfully directed, and pay
over all sums of money collected by him by virtue of any process or precepts, to the person to whom
the same are due, or their lawful attorney, and that he will faithfully perform all such duties as may be
required of him by law, and further conditioned that he will pay over to his county all moneys illegally
paid to him out of county funds, as_voluntary-paaymennts-o? otherwise."
Vol.—
ORSC 46010 (0412015) Page 1 of 3
"For the faithful performance of the duties of his office, that he will pay over to his county all moneys
illegally paid to him out of county funds, as voluntary payments or otherwise and that he will not vote or
give his consent to pay out county funds except for the lawful purposes"
"That he will faithfully and impartially discharge the duties required of him by law and will promptly pay
over to the party entitled to receive it, all moneys that may come into his hands during his term of
office."
❑ "For
the by law."
"Upon the faithful and impartial performance of the duties of his office."
"For the faithful performance of the duties of his office as Assessor and Collector of taxes for and during
the full term for which he was elected or appointed."
then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number
of claims which may be made against this bond, the liability of the Surety shall not be cumulative and the
aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the
amount stated above. Any revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party
whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder
shall terminate as to subsequent acts of the Principal. Per Insurance Code Title 5, Subtitle C, Chapter 551.152,
this bond will not be cancelled or nonrenewed based solely on the fact that the rincipal is an elected official.
Trudy Hancock Principal
eJo eUR,I y Old Republic Surety Company
z
SEALi Surety
(Seal) ByAttorney-in-Fact
ACKNOWLEDGEMENT OF PRINCIPAL
THE STATE OF S
County of t, ) ss
Before me, il(C-C �S�YDYY� -on this day, personally appeared
known to me to be the Wson whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the Rrposes and consideration therein expressed. Giverl under my hand
and s al of office, at ItCu A V1 Texas, this day of
J1A, , 20 I
Notary Public
(Seal) a�••p,..,.,.
Bl"I'IIANYECKSTROM (,t, County, Texas
Nontry Public fy� J ^� /�
MY Comm. P•:cprnxnrf;2ol7� Notary Expiration Date:
"—�,q�yyiwtal++C9�!
Vof. �j%�pg• 3 —
ORSC 46010 (0412015) Page 2 of 3
OATH OF OFFICE
(COUNTY COMMISSIONERS AND COUNTY JUDGE)
I, do solemnly swear (or affirm), that I will faithfully execute the duties
of the office of of the State of Texas, and will to the best of my ability
preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore
solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed nor
promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the
giving or withholding a vote at the election at which I was elected; and I furthermore solemnly swear (or affirm) that I
will not be, directly or indirectly, interested in any contract with or claim against the County, except such contracts or
claims as are expressly authorized by law and except such warrants as may issue to me as fees of office. So help me
God.
Sworn to and subscribed before me, at
20
(Seal)
OATH OF OFFICE
Signed
Texas, this day of
Notary Public
County, Texas
d/ r (GENERAL)
ait4, /)/C -K do solemnly swear (or affirm), that I will faithfully execute the duties of the
office of 6iLL{Co•M s /Idj r I(Sfn,, -t r of the State of Texas, and will to the best of my ability preserve,
protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear
(or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed nor promised to
contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or
withholding a vote at the election at which I was elected. So help me God. f
Signed /�► 61
before me, at
u
(Seal) .��w"r
V BETHANYECKSTROM
a; a Notary Public
STATE OF TEXAS
THE STAT' My C'unuu. Exp. 08/09/2019
County of
The foregoing bond of
�� F11-11C'J� County
ATTEQT
n.�CAMe it/CGiP-iv Clerk
/County Court Cou
THE STATE OF TEXAS
County of
Bond dated the day of
filed for record in my office the _
_M., and duly recorded the
Texas, this ) .h - . day of
County, Texas
as /�& Lho-�J 11daLfl((Sitlft� Sin and for
and State of Te ttilZday approved' en Coi lCoumissioner's Court.
Date: u y�
nty Judge,
my County, Texas
) ss
County Clerk, in and for said County, do hereby certify that the foregoing
20_ , with its certificates of authentication, was
day of , 20_, at o'clock
day of , 20, at o'clock _M., in
the Records of Official Bonds of said County in Volume , on page
WITNESS my hand and the seal of the County Court of said County
, Texas, the day and year last above written.
By
ORSC 46010 (04/2015)
Vol. o�,Zpg
at office in
Clerk
_ County
Page 3 of 3
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: Roberta S. Witherow of Brookfield, WI
its true. and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bands, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste
management bonds, hazardous waste remediation bonds or black lung bonds), as follows: Effective Date: 7/112016 12:00:00 AM
Bond Number. W150261842 Bond Amount: Twenty Thousand Dollars $ 20,000.00
Principal Name: Trudy Hancock
Obligee Name: Brazos County Judge of Bryan, TX
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that the president, any vice president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(1) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney-in-fact or agent: or
(iii) when duly executed and sealed (If a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 29th day of June 2016
`9,es/E�A cb
Assistant secra
STATE OF WISCONSIN, COUNTY OF WAUKESHA- SS
OLD REPUBLIC SURETY COMPANY
Presleetrt
104 -
On this 29th day of June 2016 personally came before me, Alan Pavlic
and Jane E. Cherney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn; did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument Is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
$ a�7AgY ir:
-'•AZBV�4??otary Public
°•`w',' My Commission Expires: 0912812018
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full farce and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in farce.
0894052 r,Je �c. SURF`rt\,,,,
Q f ,PoOy< 1Ca"
Sa w
1 SEAT, 17 = Signed and sealed at the City of Brookfield, WI this 29th day of June 2016
ORSC 22262 (a-06) """' aw°• ` Fv�,, 3_--_j/ -_ pg, IAsslstant SecretaryANCO INS SERVICES OF BRYAN(/1
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Old Republic Surety
Company's and/or Old Republic Insurance
Company's toll-free telephone number for
information or to make a complaint at:
1-(800) 527-9834
You may also write to Old Republic Surety
Company and/or Old Republic Insurance
Company at:
PO Box 569480
Dallas, TX 75356-9480
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or complaints
at:
1-(800) 252-3439
You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: htto://www.tdi.state.tx.us
E -Mail: Cons umerProtection(a).tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should
contact the agent or Old Republic Surety
Company and/or Old Republic Insurance
Company first. If the dispute is not resolved,
you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una
queja:
Usted puede Ilamar al numero de telefono gratis de
Old Republic Surety Company's / Old Republic
Insurance Company's para informacion o para
someter una queja al:
1-(800) 527-9834
Usted tambien puede escribir a Old Republic Surety
Company / Old Republic Insurance Company:
PO Box 569480
Dallas, TX 75356-9480
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companies, coberturas, derechos o quejas al:
1-(800) 252-3439
Puede escribir al Departamento de Seguros de
Texas:
P,O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: htto://www.tdi.state.tx.us
E -Mail: ConsumerProtection((a)tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente o Old
Republic Surety Company / Old Republic Insurance
Company primero. Si no se resuelve la disputa,
puede entonces comunicarse con el departamento
(TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se
convierte en parte o condicion del documento
adjunto.
pg'
I/
CRIME POLICY DECLARATIONS
FORM A
This policy consists of this Declarations Form, the Common Policy Conditions, the Crime General
Provisions Form, one or more Coverage Forms, and endorsements if any issued to form a part of the policy.
Policy Number CBB2009024
COMPANY
OLD REPUBLIC SURETY COMPANY
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
1.
NAMED INSURED
Brazos County Elections Administrator's Office Deputy Clerk
2.
MAILING ADDRESS
302 East 24th St
Bryan, TX 77803 I
I I
1
3.
POLICY PERIOD: From JULY 1, 2016 to UNTIL CANCELLED
12:01 A.M. Standard Time at your mailing address shown above
4.
COVERAGE, LIMITS OF INSURANCE AND DEDUCTIBLE
Coverage Forms Forming Part of This Policy
1 Limit of Insurance
Deductible Amount I
FORM P
I, $20,000
I
-0• I
i
I
5.
ENDORSEMENTS FORMING PART OF THIS POLICY WHEN ISSUED:
CR 01 11 03 87
IL 0171 09 92
IL 02 88 1192
SE 90 35 03 08
6.
CANCELLATION OF PRIOR INSURANCE: By acceptance of this Policy you give us notice cancelling
prior policy or bond numbers
the cancellation to be effective at the time this Policy becomes effective.
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law,
this policy shall not be valid unless countersigned by our authorized representative.
Assistant Secretary _ JQ( ,� /j/��/�� President
COUNTERSIGNED JULY 1. 2016 By 'aL,(}' `- I 1 \
(Date) (Authorized Representative)
— Carol Manuel
ORSC 44001 (OB12015) Vol.A-3-7—
37 P9._7 Page 1 of 1
COMMON POLICY CONDITIONS
Tnis policy is subject to the following conditions.
A. CANCELLATION
1. The first Named Insured shown in the Declarations may cancel
this policy by mailing or delivering to us advance written notice
of cancellation.
2. We may cancel this policy by mailing or delivering to the fust
Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel
for nonpayment of premium; or
b. 30 days before the effective date of cancellation if we cancel
for any other reason.
3. We will mail or deliver our notice to the first Named Insured's
last mailing address known to us.
4. Notice of cancellation will state the effective dale of cancellation.
The policy period will end on that dale.
5. If this policy is cancelled, we will send the first Named Insured
any premium refund due. If we cancel, the refund will be pro rata.
If the first Named Insured cancels, the refund may be less than
pro rata. The cancellation will be effective even it we have not
made or offered a refund.
6, If notice is mailed, proof of mailing will be sufficient proof of
notice.
B.CHANGES
This policy contains all the agreements between you and us
concerning the insurance afforded. The first Named Insured
shown in the Declarations is authorized to make changes in the
terms of this policy with our consent, This policy's terms can be
amended or waived only by endorsement issued by us and made
a part or this policy.
C. EXAMINATION OF YOUR BOOKS AND RECORDS
We may examine and audit your books and records as they relate
to this policy at any time during the policy period and up to three
years afterward.
D. INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2. Give you reports on the conditions we find; and
3. Recommend changes.
Any inspections• surveys, reports or recommendations relate only
to insurability and the premiums to be charged. We do not make
safety inspections. We do not undertake to perform the duty of
any person or organization to provide for the health or safety of
workers or the public. And we do not warrant that conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or standards.
This condition applies not only to us, but also to any rating,
advisory,. rate service or similar organization which makes insur-
ance inspections, surveys, reports or recommendations.
E. PREMIUMS
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all premiums; and
2. Will be the payee for any return premiums we pay.
F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY
Your rights and duties under this policy may not be transferred
without our written consent except in the case of death of an
individual named insured.
If you die, your rights and duties will be transferred to your legal
representative but only while acting within the scope of duties as
your legal representative. Until your legal representative is
appointed, anyone having proper temporary custody of your
property will have your rights and duties but only with respect to
that property.
Copyright, Insurance Services Office, Inc.. 1982, 1983, 1984
Vol.
POLICY NUMBER:
COMMERCIAL CRIME
COVERAGE FORM P -PER EMPLOYEE-
PUBLIC
MPLOYEE
PUBLIC EMPLOYEE DISHONESTY COVERAGE FORM
A- COVERAGE
rights of any person by an "employee";
We will pay for loss of, and loss from. damage to, Cov-
or
ered Property resulting directly from the Covered
(2) the tortious conduct of an "employee",
Cause of Loss.
exr�ept conversion of property of other
1. Covered Property: "Money', "securities", and
parties held by you in any capacity.
"property other than money and securities".
Z. Additional Conditions:
2. Covered Cause of Loss: "Employee dishonesty".
a. Cancellation As To Any Employee:
3. Coverage Extension
Employees Temporarily Outside Coverage Ter-
This insurance is cancelled as to any "em-
ritory: We will pay for loss caused by any "em-
ploy':
ployee" while temporarily outside the territory
(1) Immediately upon discovery by you or
specified in the Territory General Condition for
any official or employee authorized to
a period not more than 90 days.
manage, govern or control your em -
B. LIMIT OF INSURANCE
ployees, of any dishonest act committed
The most we will pay for loss in any one "occurrence"
by that "employee" whether before or af-
is the applicable Limit of Insurance shown in the
ter becoming employed by you.
DECLARATIONS.
(2) On the date specified in a notice mailed
C. DEDUCTIBLE
to you. That date wnll be at least 30 days
1. We will not pay for loss in any one "occurrence"
after the date of mailing.
unless the amount. of loss exceeds the Deducti-
The mailing of notice to you at the last mail-
ble Amount shown in the DECLARATIONS. We
ing address known to us will be sufficient
will then pay the amount of loss in excess of the
proof of notice. Delivery of notice is the same
Deductible Amount,up to the Limit of Insurance.
as mailing.
2. You must:
b. Sole Benefit This insurance is for your sole
a. Give us. notice as soon as possible of any loss
benefit. No legal proceeding of any kind to
of the type insured under this Coverage Form
recover on account of loss under this cover -
even though it falls entirely within the De-
age may be brought by anyone other than
ductible Amount
you.
b. Upon our request, give us a statement
c. Indemnification: We will indemnify any of
describing the loss.
your officials who are required by law to give
D. ADDITIONAL EXCLUSIONS, CONDITIONS AND
bonds for the faithful performance of their
DEFINITIONS: In addition to the provisions in the
service against loss through dishonest acts
Crime General Provisions, this Coverage Form is sub
of persons who serve under them, subject
jest to the following:
to the Limit of Insurance.
1. Additional Exclusions: We will not pay for loss
3. Additional Definitions:
or damages as specified below:
"Employee
a.Dishonesty" in paragraph A.2.
a. Employee Cancelled Under Prior Insur-
"employee"
means only dishonest acts committed by an
ante: loss caused by any of
" employee", whether identified or not, act -
yours, predecessor in interest of yours, for
ing alone or in collusion with other persons,
similar
whom similar prior insurance has been can-
with the manifest intent to:
celled and not reinstated since the last such
cancellation.
(1) Cause you to sustain loss; and also
b. Inventory Shortages: loss, or that part of any
(2) Obtain financial benefit (other than em -
loss, the proof of which as to its existence
ployee benefits earned in the normal
or amount is dependent upon:
course of employment, including: sale -
(1) An inventory computation; or
ries, commissions, fees, bonuses, pro -
(2) A profit and loss computation.
motions, awards, profit sharing or
c. Bonded Employee: loss caused by any "err}
pensions) for:
ployee" required by law to be individually
(a) The "employee"; or
bonded.
(b) Any person or organization intend -
d. Treasurer or Tax Collector: loss caused by
ed by the "employee" to receive that
a treasurer or tax collector by whatever name
benefit
known.
In. "Occurrence" means all loss up to the Lim-
e. Damages: damages for which you are legal-
it of Liability caused by each "employee",
ly liable as a result of:
whether the result of a single act or series
(1) the deprivation or violation of the civil
of acts.
CR DO 17 10 90 Copyright The Surety Association.oLAmerica,-1997
Vol.
9-57 Pg.
POLICY NUMBER:
CRIME GENERAL PROVISIONS
(LOSS SUSTAINED FORM)
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is or is not covered.
Throughout this policy the words 'you" and "your" refer to the Named Insured shown in the Declarations. The words
"we", "us" and 'our" refer to the Company providing this insurance.
Words and phrases in quotation marks are defined in the policy.
Unless staled otherwise in any Crime Coverage Form, Declarations or endorsement, the following General Exclusions,
General Conditions and General Definitions apply to all Crime Coverage Forms forming part of this policy.
A. GENERAL EXCLUSIONS
We will not pay for loss as specified below:
1. Acts Committed by You or Your Partners:
Loss resulting from any dishonest or criminal
act committed by you or any of your partners
whether acting alone or in collusion with other
persons.
2. Governmental Action: Loss resulting from
seizure or destruction of property by order of
governmental authority.
3. Indirect Loss: Loss that is an indirect result of
any act or "occurrence" covered by this insur-
ance including, but not limited to, loss resulting
from:
a. Your inability to realize income that you
Would have realized had there been no
loss of, or loss from damage to. Covered
Property.
b. Payment of damages of any type for which
you are legally liable. But, we will pay com-
pensatory damages arising directly from a
loss covered under this insurance.
c. Payment of costs, fees or other expenses
you incur in establishing either the exis-
tence or the amount.of loss under this
insurance.
4. Legal Expenses: Expenses related to any
legal action.
S. Nuclear: Loss resulting from nuclear reaction,
nuclear radiation or radioactive contamination,
or any related act or incident.
6. War and Similar Actions: Loss resulting from
war, whether or not declared, warlike action,
insurrection, rebellion or revolution, or any
related actor incident.
E. GENERAL CONDITIONS
a. This insurance;
b. The Covered Property,.
c. Your Interest in the Covered Property; or
d. A claim under this insurance.
2. Consolidation -Merger: If through consoli-
dation or merger with, or purchase or acquisi-
tion of assets or liabilities of, some other enti-
ty
a. Any additional persons become "employ-
ees":or
b. You acquire the use and control of any
additional 'premises";
any insurance afforded for "employees" or
"premises' also applies to those additional
"employees" or "premises", for a period of 60
days after the effective date of such consoli-
dation, merger, or purchase or acquisition of
assets or liabilities.
You must give us written notice within this 60
day period and obtain our written consent to
extend this insurance to such additional
"employees" or "premises". Upon obtaining
our written consent, you must pay us an addi-
tional premium.
If you fail to notify us in writing within this 60
day period, then this insurance shall automat-
ically terminate as to such additional *employ-
ees' or "premises".
3. Coverage Extensions: Unless stated other-
wise in the Coverage Form, our liability under
any Coverage Extension is part of, not in addi-
tion to, the Limit of Insurance applying to the
Coverage or Coverage Section.
4. Duties in the Event of Loss: After you discover
a loss or a situation that may result in loss of, or
loss from damage to, Covered Property you must:
i. Concealment, Misrepresentation or Fraud:
a. Notify us as soon as possible.
This insurance is void in any case of fraud by
b. Submit to examination under oath at our
you as it relates to this insurance at any time.
request and give us a signed statement of
It Is also void if you or any other Insured, at
your answers.
any time, intentionally conceal or misrepresent
c. Give us a detailed, sworn proof of loss with -
a material fact concerning:
in 120 days.
Copynght, The Surety Association of America, 11996
CR 110 00 04 97 Copyright Insurance Services Office, Inc., 1996 Page 1 of 4
Vol. Pg. /D
d. Cooperate with us in the investigation and
settlement of any claim.
S. Extended Period to Discover Loss: We will
pay only for covered loss discovered no later
than 1 year from the end of the Policy Period.
6. Joint Insured:
a. If more than one Insured is named in the
Declarations, the first named Insured will
act for itself and for every other Insured tar
all purposes of this Insurance. If the first
named Insured ceases to be covered,
then the next named Insured will become
the first named Insured.
b. If any Insured or partner or officer of that
Insured has knowledge of any information
relevant to this insurance, that knowledge
is considered knowledge of every Insured.
c. An "employee" of any Insured is considered
to be an "employee" of every Insured.
d. If this insurance or any of Its coverages is
cancelled or terminated as to any Insured,
loss sustained by that Insureds is covered
only if discovered no later than 1 year from
the date of that cancellation or termina-
tion.
e. We will not pay more for loss sustained by
more than one Insured than the amount
we would pay If all the loss had been sus-
tained by one Insured.
7. Legal Action Against Us: You may not bring
any legal action against us involving loss:
interest could have recovered under that
insurance except that the time within
which to discovef loss had expired, we
will pay for it under this insurance, provid-
ed:
(1) This insurance became effective at
the time of cancellation or termination
of the prior insurance; and
(2) The loss would have been covered by
this insurance had it been in effect
when the acts or events causing the
loss were committed or occurred.
b. The insurance under this condition is part of,
not in addition to, the Limits of Insurance
applying to this insurance and is limited to the
lesser of the amount recoverable under.
(1) This insurance as of its effective date; or
(2) The prior insurance hadit remained In
effect.
11. Loss Covered Under This Insurance and
Prior Insurance Issued by Us or Any Affiliate:
a. Unless you have complied with all the
terms of this insurance; and
b. Until 90 days after you have filed proof of
loss with us; and 12.
c. Unless brought within 2 years from the
date you discover the loss.
B. Liberalization: If we adopt any revision that
would broaden the coverage under this insur-
ance without additional premium within 45
days prior to or during the Policy Period, the
broadened coverage will immediately apply to
this insurance.
B. Loss Covered Under More Than One
Coverage of This Insurance: If two or more
coverages of this insurance apply to the same
loss, we will pay the lesser of:
a. The actual amount of loss; or
b. The sum of the Limits of Insurance applic-
able to those coverages.
10. Loss Sustained During Prior Insurance:
a. If you, or any predecessor in interest, sus-
tained loss during the period of any prior
insurance that you or the predecessor in
M4114110101117—l"
If any loss is covered:
a. Partly by this insurance; and
b. Partly by any prior cancelled or terminated
insurance that we or any affiliate had issued
to you or any predecessor in interest;
the most we will pay is the larger of the amount
recoverable under this insurance or the prior
insurance.
Regardless of the number of years this insurance
remains in force or the number of premiums paid,
no Limit of Insurance cumulates from year to year
or period to period.
Other Insurance: This Insurance does not
apply to loss recoverable or recovered under
other insurance or indemnity. However, if the
limit of the other insurance or indemnity is
insufficient to cover the entire amount of the
loss, this insurance will apply to that part of the
loss, other than that falling within any
Deductible Amount, not recoverable or recov-
ered under the other insurance or indemnity.
However, this insurance will not apply to the
amount of loss that is more than the applica-
ble Limit of Insurance shown in the
Declarations.
13. Ownership of Property; Interests Covered:
The property covered under this insurance is
limited to property:
a. That you own or hold; or
b. For which you are legally liable.
However, this insurance is for your benefit
only. It provides no rights or benefits to any
other person or organization.
Copyright, The Surety Association of Anw_rira. 1996
Copyright, Insurance Services Office, Inc., 1996
Vol. o� ✓� Pg.
Page 2 of 4
14. Policy Period:
a. The Policy Period is shown in the
Declarations.
b. Subject to the Loss Sustained During Prior
Insurance condition, we will pay only for
loss that you sustain through acts commit-
ted or events occurring during the Policy
Period.
15. Records: You must keep records of all
Covered Property so we can verify the amount
of any loss.
16. Recoveries:
a. Any recoveries, less the cost of obtaining
them, made after settlement of loss cov-
ered by this insurance will be distributed
as follows:
(1) To you, until you are reimbursed for
any loss that you sustain that exceeds
the. Limit of Insurance and the
Deductible Amount, If any;
(2) Then to us, until we are reimbursed
for the settlement made;
(3) Then to you, until you are reimbursed
for that part of the loss equal to the
Deductible Amount,, if any.
b. Recoveries do not include any recovery:
(1) From insurance, suretyship, reinsur-
ance, security or Indemnity taken for
our benefit; or
(2) Of original "securities" after duplicates
of them have been issued.
17. Territory: This insurance covers only acts
committed or events occurring within the
United States of America, U.S. Virgin Islands,
Puerto Rico, Canal Zone, or Canada.
18. Transfer of Your Rights Of Recovery
Against Others to Us: You must transfer to
us all your rights of recovery against any per-
son or organization for any loss you sustained
and for which we have paid or settled. You
must also do everything necessary to secure
those rights and do nothing after loss to impair
them.
19. Valuation-
Settlement:
a. Subject to the applicable Limit of
Insurance provision we will pay for:
(1) Loss of "money" but only up to and
including its face value. We may, at
our option, pay for loss of "money"
issued by any country other than the
United States of America:
(a) At face value in the "money"
issued by that country; or
(b) In the United States of America
CR 10 00 04 97
dollar equivalent determined by
the rate of exchange on the day
the loss was discovered.
(2) Loss of "securities" but only up to and
including their value at the close of
business on the day the loss was. dis-
covered. We may, at.our option;
(a) Pay the value of such "securities"
a. replace them in kind, in which
event you mus; assign to us all
your rights, title and interest in
and to those "securities'; or
(b) Pay the cost of any Lost
Securities Bond required in con-
nection with issuing duplicates of
.the "securities".. However, we will
be liable only for the payment of
so much of the cost of the bond as
would be charged for a bond hav-
ing a penalty not exceeding the
lesser of the:
L Value of the "securities" at the
close of business on the day
the loss was discovered; or
ii. Limit of Insurance.
(3) Loss of, or loss from damage to,
"property other than money and secu-
rities" or loss from damage to the
"premises" for not more than the:
(a) Actual cash value of the property
on the day the loss was discov-
ered;
(b) Cost of repairing the property or
'premises"; or
(c) Cost of replacing the property with
property of like kind and quality.
We may, at our option, pay the actual
cash value of the property or repair or
replace It.
If we cannot agree with you upon the
actual cash value or the cost of repair
or replacement, the value or cost will
be determined by arbitration.
b. We may, at our option, pay for loss of, or loss
from damage to, property other than "money":
(1) In the "money' of the country in which
the loss occurred; or
(2) In the United States of America dollar
equivalent of the "money" of the coun-
try in which the loss occurred deter-
mined by the rate of exchange on the
day the loss was discovered.
c. Any property that we pay for or replace
becomes our property.
Copvrioh[ The Surety Association of America, 1996
Copyright, Insurance Services Office, Inc., 1996
EVOI.a 3 7 pg,_/g
Page 3 of 4
C. GENERAL DEFINITIONS
1. "Employee" means:
a. Any natural person:
(1) While in your service (and for 30 days
after termination of service); and
(2) Whom you compensate directly by
salary, wages or commissions; and
(3) Whom you have the right to direct and
control while performing services for you;
or
b. Any natural person who is furnished to you to:
(1) substitute for a permanent 'employee"
onleave;or
(2) meet seasonal or short -tens workload
conditions;
while that person is subject to your direction
and control and performing services for you
excluding, however; any such person while
having, care and custody of property outside
the 'premises'.
But "employee" does not mean any.
(1) Agent, broker, person leased to you by a
labor leasing firm, factor, commission
merchant, consignee,independent con-
tractor or representative of the same
CR 10 00,04 97
eeneral character; or
(2) Director or trustee except while per-
forming acts coming within the scope of
the usual duties of an employee.
2. "Money" means:
a. Currency, coins and bank notes in current
use and having a face value; and
b. Travelers checks, register checks and
money orders held for sale to the public.
3. "Property Other Than Money and Securities"
means any tangible property other than "money'
and "securities" that has intrinsic value but does
not include any property listed in any Crime
Coverage Form as Property Not Covered.
4. "Securities" means negotiable and nonnego-
tiable instruments or contracts representing either
"money or other property and includes:
a. Tokens, tickets, revenue and other stamps
(whether represented by actual stamps or
unused value in a meter) in current use; and
b. Evidences of debt Issued in connection with
credit or charge cards, which cards are not
issued by you;
but does not include "money'.
Copyright, The Surety Association o! America, 1996
Copyright, Insurance Services Office, Inc.. 1996
VOLJ_Z_ P9• i.3
Page 4 of 4
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES
This endorsement modifies insurance provided under the following:
COMMERCIAL CRIME COVERAGE PART
The following is added to the Valuation -Settlement provisions of this policy:
In the event arbitration is utilized, each party will select a competent and impartial arbitrator. The two arbitrators will
select an umpire, If they cannot agree for 15 days upon such umpire, either may request that selection be made by
a judge of a court Having jurisdiction. The arbitrators will state separately the value of the property and amount of loss.
If they fail to agree, they will submit their difference to the umpire. A decision agreed to by any two will be binding.
Each party will:
1. Pay its chosen arbitrator, and
2. Bear The other expenses of the arbitration and umpire equally.
If we submit to an arbitration, we will still retain our right to deny the claim.
CR 01 11 03 87 Copyri9h4 insurance services Office, inc.. 1987
[vo:IT-3:�— Pg. ��
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES—LOSS PAYMENT
This: endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
FARM COVERAGE PART—LIVESTOCK COVERAGE FORM
FARM COVERAGE PART— MOBILE AGRICULTURAL
MACHINERY AND EQUIPMENT COVERAGE FORM
COMMERCIAL INLAND MARINE COVERAGE PART
A. LOSS PAYMENT
(d) We need additional time to reach
1. With respect .to the BOILER AND MACH-
a decision. If we need additional
INERY COVERAGE PART and COM-
time, we will inform you of the
MERCIAL CRIME COVERAGE PART, the
reasons for such need.
following conditions are added.
We will provide notification, as
2. With respect to the COMMERCIAL INLAND
described in (2)(a) through (2)(d)
MARINE COVERAGE PART, the following
above, within:
conditions replace Item E. LOSS PAYMENT
(1) 15 business days after we
in the Commercial Inland Marine Loss
receive the signed', sworn proof
Conditions.
of loss and all information we
3. With respect to the FARM COVERAGE
requested; or
PART, the following conditions replace
(ii) 30 days after we receive the
paragraphs c. and f. of the Loss Payment
signed, sworn proof of loss and
Condition:
all information we requested, if
a. Claims Handling
we have reason to believe the
(1) Within 15 days after we receive
loss resulted from arson.
written notice of claim, we will:
If we have notified you that we need
additional time to reach a decision,
(a) Acknowledge receipt of the
we must then either approve or deny
claim. If we do not acknowledge
theclaim within 45 days of such
receipt of the claim in writing, we
notice.
n ot
will keep a record of the date, b.
We will pay for covered loss or damage
method and content of the
within 5 business days after.
acknowledgment;
(bj Begin any investigation of the
(1) We have notified you that payment of
claim; and
the claim or part of the claim will be
made and have reached agreement
(c) Request a signed, sworn proof of
with you on the amount of loss; or
l
loss, specify the information you
(2) An appraisal award has been made.
must provide and supply you with
the necessary forms. We may
However, if payment of the claim or part
request more information at a
of the claim is conditioned on your
later date, if during the inves-
compliance with any of the terms of this
tigation of the claim such addi-
policy, we will make payment within 5
tional information is necessary.
business days after the date you have
(2) We will notify you in writing as to
complied with such terms.
whether. c.
Catastrophe Claims
(a) The claim or part of the claim will
If a claim results from a weather related
be paid;
catastrophe or a major natural disaster,
(b) The claim or part of the claim has
the claim handling and claim payment
been denied, and inform you of
deadlines described in a. and b. above
the reasons for denial;
are extended for an additional 15 days.
(c) More information is necessary; or
Catastrophe or Major Natural Disaster
means a weather related event which is:
IL 01 71 09 92 CoppighCInsumnce services office. Inc., 1982 - — - - -- Page 1 of 2
Vol. —oC 3%-
I'9.—/_✓r
(1) Declared a disaster under the Texas
Disaster Act of 1975; or
(2) Determined to be a catastrophe by
the State Board of Insurance.
d. The term "Business day", as used in this
endorsement, means a day other than
Saturday, Sunday or a holiday recog-
nized by the state of Texas.
B. With respect to the Commercial Inland Marine
Coverage Part the following is added:
We will not be liable for any part of a "loss" that
has been paid or made good by others.
IL 01.71 09 92 Copyright, Insurance Services Office, Ina. 1992 Page 2 of 2
VOL,
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES -CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
A. The following is added to paragraph 2. of the
CANCELLATION Common Policy Condition:
We may cancel this policy for any reason except,
that under the provisions of the Texas Insurance
Code, we may not cancel this policy solely
because the policyholder is an elected official.
IL 02 88 11 92
B. The following condition is added:
NONRENEWAL
We may elect not to renew this policy except,
that under the provisions of the Texas Insurance
Code, we may not refuse to renew this policy
solely because the policyholder is an elected
official.
Copyright, Insurance Services Office, Inc., 1993
EO
?i3% Pg, � %
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES
1. Condition 7. Legal Action Against Us of the Crime General Provisions (Loss
Sustained Form) and Condition B. Legal Action Against Us of the Crime
General Provisions (Discovery Form) are replaced by the following:
Legal Action Against Us
You may not bring any legal action against us involving loss more than 2 years
and 1 day after the earlier of (a) the date you gave us the initial proof of loss or
(b) 12D days after discovery of the loss.
2. The following Condition is added to the Common Policy Conditions:
We may not cancel or refuse to renew this insurance based solely on the fact that
the policyholder is an elected official.
SE 90 35 03 OB Copyright The Surety 8 Fidelity Association of America, 2008 Page 1 of 1
TX -6
* *
* OLD REPUBLIC SURETY COMPANY
** * ** 8111,LB.i Freeway, Suite 530, Dallas, TX 75251 ; T: 800527.4834 j www.orswenccom
July 01, 2016
BRAZOSCOUNTY ELECTIONS ADMINISTRATOR'S
OFFICE DEPUTY CLERK.
302 EAST 24TH ST.
BRYAN., TX 77803
Re: Policy Number; CBB2009024
Insured: BRAZOS COUNTY ELECTIONS ADMINISTRATOR'S
OFFICE DEPUTY CLERK
Notice to our Policyholder:
Please note that our decisionto issue the captioned policy and continue
it in force is made based on the representations made in the Insurance
Application, specifically, but not limited to the representations regarding
Internal Controls: Furthermore, the insurance under the policy is void if
you or any other insured, at any time, intentionally conceal or misrepresent
a material fact concerning this insurance, the Covered Property, your interest
in the Covered Property or a claim under this insurance.
Very truly yours,
OLD REPUBLIC SURETY COMPANY
Vol. X 37. pg --/9
Anco Insurance B/CS
P. O. Box 3889
Bryan, TX 77805
Phone: 979-776-2626 Fax: 979-774-5372
Brazos County Auditor's Office
300 East 26th Street, Ste. 314
Bryan, TX 77803
INVOICE N O . 329758 �? Page 1:`�
9BQXR2 07/01/16 NEW FIDS Blanket Crime Policy
Clerks for Election Administration
Invoice, Balance:
www.anco:com D
Vol, _a_. 3 �_ p9� a"
$168.00
Memorandum of Understanding
Between Brazos County and
Community Supervision & Corrections Department
In Regards to the Pre -Trial Bond Supervision Program
The purpose of this Memorandum of Understanding (MOU) is to establish the policies and
procedures for the Pre -Trial Bond Supervision Program. The MOU is between Brazos County
and Community Supervision & Corrections Department.
In March 2011, the Texas Department of Criminal Justice — Community Justice Assistance
Division (TDCJ-GAD) informed the Community Supervision and Corrections Departments
(CSCD) that there were special requirements in regards to bond fees that CSCD's were
collecting. The bond fees must be accounted for separately from CSCD's state funding on the
County's financial system. These funds are to be used to maintain a Pre -Trial Bond Supervision
Program through CSCD.
A. For budgeting purposes, the Pre -Trial Bond Supervision Program budget will be set by
CSCD. The fiscal year will be the same as the County, which begins October 151. Budget
worksheets for the Pre -Trial Bond Supervision Program should be sent to the Director at
the CSCD. CSCD will be responsible for determining the number of positions and the
salary for the officers in the Pre -Trial Bond Supervision Program. CSCD will be
responsible for making sure there are funds available to support the program.
B. For expenditure purposes, the Pre -Trial Bond Supervision Program follows CSCD's
policies and procedures. All expenditures will be expensed to the Program through the
County's financial System. CSCD is responsible for ensuring the expenditures meet
CSCD's policies and procedures and that there are available funds.
C. For personnel purposes, CSCD oversees the Pre -Trial Bond Supervision Program. These
employees will follow the CSCD personnel policies and procedures. CSCD has the
authority to hire, give raises and terminate the employees in the Pre -Trial Bond
Supervision Program. CSCD is responsible for ensuring there are enough funds to cover
the expense of Personnel.
D. For revenue purposes, CSCD collects the bond fee set by the Judge for the bond cases
that are overseen by the Pre -Trial Bond Supervision Program. These funds support the
budget for the Pre -Trial Bond Supervision Program. These funds are moved from the
CSCD fund to the County on a monthly basis.
F-01-2
% P9,a/�
III
Memorandum of Understanding
Between Brazos County and
Community Supervision & Corrections Department
In Regards to the Pre -Trial Bond Supervision Program
E. Should there not be enough funds to cover the expenses of the program, the program
will cease to exist.
This MOU is effective as of —1 ' 1R �fi �, O0 and will remain in
effect until the Program ends.
Duane Peters, County Judge
Travis Bryan, III, 272ndiDiltrict Court
Jenni er Goerig, CSCD Director
Date
6- 2- - ( t,
Date
Date
Fyo_�7% P9•__Lz1,2Z_
Memorandum of Understanding
Between Brazos County and
Community Supervision & Corrections Department
In Regards to the Drug Court Program
The purpose of this Memorandum of Understanding (MOU) is to establish the policies and
procedures for the Drug Court Grant. The MOU is between Brazos County and Community
Supervision & Corrections Department.
According to §123.002 of the Government Code, Commissioner's Court may establish a Drug
Court Program in the County. According to §123.006 of the Government Code, once the
County's has a population of 200,000 or more, it is mandatory for the County to establish a
Drug Court Program.
A. Applying for the grant annually will be handled by CSCD. Commissioner's Court must
approve the grant application in Court. The CSCD Director will be the Authorized Official,
the CSCD Deputy Director will be the Project Director, the Financial Officer will be the
Brazos County Auditor and CSCD will provide the Grant Writer.
B. For budgeting purposes, the Drug Court Grant budget will be submitted to the Office of
the Governor by CSCD. The fiscal year will be set based on the State's requirements.
CSCD will provide budget information to the County's Budget Office as soon as it is
available.
C. For expenditure purposes, the Drug Court Program follows policies and procedures as
set forth by the State. All expenditures will be expensed to the Program through the
County's financial System. CSCD is responsible for ensuring the expenditures meet
States policies and procedures.
D. For personnel purposes, CSCD oversees the Drug Court Program. CSCD determines the
salaries and benefits of the employees. CSCD will be responsible for hiring and
terminating employees.
E. For Financial reporting, the Drug Court Grant will be on the State and Federal Grant
Schedule for the County's Annual Financial Report and will be included as a note on the
CSCD Financial Report.
Pg. a.3
I
Memorandum of Understanding
Between Brazos County and
Community Supervision & Corrections Department
In Regards to the Drug Court Program
This MOU is effective as of 0 Re and will remain in
effect until the Termination of the Drug Cgurt Grant.
Duane Peters, County Judge Date
Jennifer Goerig, CSCD Director
Court
Date
as ao��
Date
Vol.
io
TJJD
MEMORANDUM OF UNDERSTANDING
BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT
AND
The TEXAS JUVENILE JUSTICE DEPARTMENT (TJJD)
Pursuant to the Agreement set forth above, the parties hereby adopt the following Memorandum of
Understanding (MOU) to assist each entity in expediting the fulfillment of their duties by providing the
guidance for cooperative action, as follows:
To participate in the implementation and delivery regionalization services at the building located at
1904 State Hwy 21 W, Bryan, TX 77803.
The daily administration of Brazos Juvenile Probation Department will be conducted by the Brazos
County Juvenile Probation Department, under the direction of Doug Vance PhD, Executive
Director.
The daily operation of Texas Juvenile Justice Department will be conducted under the direction of
David Reilly, Executive Director.
The Brazos County Juvenile Probation Department and the Texas Juvenile Justice
D e p a r t m e n t will work cooperatively to address quality of life for the youth that each serves, to
include:
To work in partnership with other entities to provide a comprehensive range of community based
programs;
Providing opportunities for success to the youth within the community and region; and
To collaborate with the sharing of information to best meet the needs of the clients each serves.
NOW, THEREFORE, In consideration of the mutual covenants contained herein, the following
agreement is agreed to between the parties hereto:
The BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT agrees:
• To provide work space for TJJD staff in the form of an office cubicle.
The TEXAS JUVENILE JUSTICE DEPARTMENT agrees:
• To pay $100.00 per month; Check made payable to Brazos County upon receipt of invoice with
the full monthly rent of $100.00 to be paid in full by the I 01 of each month. The full amount of
rent is due to be paid to Brazos County beginning with the month the MOU takes effect; and once
MOU Is in effect, TJJD agrees to pay Brazos County in full each month, regardless if TJJD Staff
uses the space provided or not during any particular month.
• To maintain space provided in good repair and condition;
MDU BCJS and TJJD Pagel of3
Vol. 3 7 Pg, �i�
TJJD
• To conduct business within the space provided by the County;
• Adhere to traditional work hours of 8:00 am to 5:00 pm, Monday -Friday, and observe county
holidays; unless prior approval to deviate Is obtained from the Juvenile Services Executive
Director or designee.
• To keep records and pertinent information confidential pursuant to State and Federal Law.
To ensure TJJD staff is covered under necessary Insurance and protections;
• TTJJD agrees to and shall indemnify and hold harmless and defend the County, its officers,
agents, and employees from and against any and all claims, losses, damages, causes of action,
suits, and liability of any kind, including claims of respondent superior or vicarious liability,
including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any
person or any breach of Agreement arising out of or in connection with any work done by TJJD
pursuant to this MOU.
• Adhere to all Brazos County Juvenile Services rules, regulations, and policies as applicable.
• Phone, computer, work equipment, office supplies, and other materials necessary to perform
duties are to be provided by TJJD.
• Either party may terminate this MOU at any time with our without just cause provided they notify
the other party's Executive Director or designee in writing. However, the full amount of rent will
be paid to Brazos County for the month in which the MOU is terminated.
This Memorandum of Understanding may be renegotiated on the mutual agreement of both
parties involved in writing via amendment to this agreement prior to its expiration.
This Memorandum of Understanding shall be in effect upon signature of both parties through
August 31, 2016 and shall automatically renew each year unless terminated by either party.
ZOSCOUN Y: TEXAS JUVENILE JUSTICE DEPARTMENT:
Signature Signature
Duane Peters
Printed Name
Juvenile Board Chair
Title
('3 -ALA -1k
Date:
Printed Name
Title
Date:
MOU BCJS and TJJD — Page 2 of 3
Lv,oi.�_cl
-&hl Va,-1 .Ib
Signature
Doug Vance, PhD
Printed Name
Executive Director
Title
_6 -au-1
Date
BRAZOS COUNTY COMMISSIONERS COURT
Approved as to Form:
TJJD Attorney
Date
TJJD
ON .l(,l ��1, ,� 20 FULLY EXECUTED IN
DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
By:
Duane Peters, County Judge
Date
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
MOU BCJS and T11DPage 3 of 3
Fv�3 � _
ol. Pg- o?7--
SERVICE PROVIDER CONTRACT
This contract is entered into by and between the Brazos County Juvenile Probation Department
(hereinafter "Department" and Central Texas Polygraph Associates (hereinafter "Service
Provider") in consideration of the mutual promises, terms, and conditions set forth below. The
parties agree that:
PROVISIONS OF SERVICES
1.1 Service Provider shall provide polygraph examination services to juveniles who are
referred to the Service Provider by the Department,
1.2 Service Provider shall adhere to all applicable federal and state laws and regulations in
the provision of services here under.
13 Service Provider is under no obligation to accept a client who is deemed inappropriate for
services or becomes violent and disruptive during sessions.
Il.
COMPENSATION TO SERVICE PROVIDER
2.1 For and in consideration of the above-mentioned services, the Department agrees to pay
the Service Provider an amount of $75.00 per polygraph examination.
Cancellation Policy: The clients shall notify the examiner 24 hours prior to the
appointment to cancel. If they fall to cancel within 24 hours or they fail to appear
for the examination the contract price will he due.
The client will be dropped off al the office. Family members and, or friends will not
be allowed to wait at the office. The client enn contact whoever dropped him m• her
off after the examination,
2.2Billings for payment will be submitted to the Department no later than ten (10) days from
the last day of the month for which payment is being requested. The Department will
make payment no later than thirty (30) days after receipt of the billing for approved
charges.
2.3 Each billing should contain the date and the name of the client or clients for whom
payment is being requested.
III.
EXAMINATIONS OF PROGRAM AND RECORDS
Vol. jpg.—,�
3.1 The Service Provider shall provide to the Department such descriptive information on
contracted clients as requested on forms provided or agreed upon.
3.2 The Service Provider agrees to maintain these Records for three (3) years after final
payment.
IW
DEFAULT
4. l The Department may, by written notice of default to the Service Provider, terminate the
contract in whole or in part, in any one of the following circumstances:
a) If the Service Provider fails to perform the work called for by this Contract within the
time specified herein or any extension thereof, or
b) If the Service Provider 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 it terms, and in either of these two circumstances does not cure such failure within a
period of ten (10) days (or extension as authorized by Department in writing) alter
receiving notice of default.
4,2 The Department may withhold payment to the Service Provider for any client who has
not received services as set forth in this Contract.
V.
TERMINATION
5.1 This Contract may be terminated by either party by giving ten (10) days written notice to
the other party hereto of the intention to terminate.
5.2 Termination of the Client's receipt of services from the Service Provider shall occur only
after notifying the Executive Director or his Designee of the case and with sufficient lead
time of at least ten (10) days to allow alternate referral for service.
VI.
LAW AND VENUE
6.1 In any legal action arising under this Contact, the laws of the State of Texas shall apply
and venue shall be in Brazos County, Texas.
V Il.
OTHER TERMS AND CONDITIONS
1 This Contract does not obligate the Department to assign a specific number of clients to
the Service Provider's program, or to utilize the Service Provider. Rather, this Contract
sets out the applicable terms if Service Provider is utilized.
Page 2 of 5 Vol,_—� � 9�- �up�
�
7.2 Under Section 231.0056, Texas Family Code, the Service Provider certifies that the
Service Provider is not ineligible to receive state funds (including the grant or other
source of funding of this Contract), and acknowledge that this Contract may be
terminated and payment may be withheld if this certificate is inaccurate.
7.3 Service Provider shall account separately for the receipt and expenditure of state funds
paid pursuant to this Contract, and shall adhere to Generally Accepted Accounting
Principles (GAAP) in accounting, reporting, and auditing of funds received from the
Department.
7.4 Service Provider shall comply with all applicable regulatory agency policies, procedures
and administrative rules.
7.5 Service Provider shall maintain current license certification, registration or other
necessary regulatory permits.
7,6 Service Provider is an independent contractor, and is not intended to be, and shall not be,
an employee, partner or joint venture of the Department for any purpose. Service
Provider shall not be treated as an employee of the Department for purposes of tax
withholding, insurance, retirement or other benefits. Service Provider is solely
responsible for all taxes relating to payments to him under this agreement and maintains
his own insurance policy.
7.7 Service Provider hereby represents and warrants the following:
A. That is has all necessary right, title, license and authority to enter in to this Agreement;
B. That it is qualified to do business in the State of Texas; that it holds ell necessary
licenses and staff certifications to provide the type(s) of services being contracted for;
that it is in compliance with all statutory and regulatory requirements for the operation of
its business; that there are not taxes due and owing to the State of Texas, The County of
Brazos, or any political subdivision thereof; and that it is a vendor in good standing with
the Texas Comptroller of Public Accounts.
C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants
will be properly trained to report allegations or incidents of abuse, exploitation or neglect
of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and
any applicable Texas Juvenile Justice Department administrative rules regarding abuse,
neglect and exploitation allegations.
D. Service Provider agrees to keep all information provided by the Department and, or
obtained during the examination confidential.
E. This Agreement constitutes the sole and only Agreement of the parties hereto and
supersedes any prior understandings or written or oral Agreement between the parties
respecting the within subject matter.
Page 3 of 5 Vol. oZ3 % pg �0
PRISON RAPE ELIMINATION ACT
8.1 The 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 performances 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 mud juvenile offenders.
M
CONTRACT PERIOD
9.1 The contract period will begin on the jL%1J6U1gL&,jLand will terminate on the
%CUitit 31.2D 12= . This Contract automatically renews the following year unless
terminated by either party in accordance with sec.5,1 and 5.2.
"DEPARTMENT"
Brazos County
Juvenile o ation D �artment
By:
Director
Address:
Date:
"SERVICE PROVIDER"
Central Texas Polygraph Associates
By:
Stuart Ervin
Address: 6101 M MA„t/
-3p ry nr i x 17?8o3
Date 16 ' 0k
Page 4 of 5
DV01- fig•—�/
BRAZOS COUNTY
COURT
ON UIA / , 20 FULLY EXECUTED IN DUPLICATE,
EACH OF WHICH SI L HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL.
By. -- — -
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77603
Phone: 979-361-4102
Fax: 979-361-4503
Duane Peters, Chaninan
Juvenile Board
nl5hp
Date
6- - ►j"
Date
Page 5 of 5 VOI. _V ✓ 7 p9��� _
Brazos County Juwnlle .lualce Center
Detention Services Agreement
October 1, 2016 -September 30, 2017
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF TUVENILE OFFENDERS
SPACE AVAILABLE
SPATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
October 1, 2016 - September 30,2M
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between
Madison County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation")
and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County
judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center
(hereinafter "the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider')
pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency
with licensure or regulatory authority over this facility.
ARTICLE I
PURPOSE
1.01 Whereas Madison County, in order to carry out and conduct its juvenile program in accordance with the Juvenile
Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain
children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a
need for supervision, during pre-trial and pre•dispositionai status by the Court. The placement facility to be
utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan,
Texas 77803.
ARTICLE If
TERM
2.01 The term of this Agreement is for 12 months commencing October 1, 2016 - September, 2017. It shall be
automatically renewed for one (1) year terms thereafter, commencing October 1st and ending September 301h of
each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said
term, of its intention to not renew this Agreement.
ARTICLE III
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide; room and board, supervision twenty-four hours per day, seven days a week;
routine medical examination and treatment within the Facility (but shall not provide or pay for emergency
examination, treatment, or hospitalization outside the Facility); an approved education program; recreation
facilities; and crisis intervention to each child placed within the Facility.
B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility
("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized
Vol. of
Pg . _
Oros County Juvenile Justice Center
Detention services Agreement
October 1, 2016— September 30, 2017
to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless
Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation
officials of Outside Treatment within twenty-four (24) hours of its occurrence.
C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct
indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to
the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not
released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the
Madison County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is
ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the
child's re -admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and
determined by the facility administrator and staff of the Facility.
E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service
Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved
to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act and therefore,
Service Provider will not accept children whose detention would prevent the Facility from complying with the
Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed
offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of
valid court order, or such non -offenders as dependent or neglected children." Section W(a) (I2) (A), Juvenile
Justice Delinquency Prevention Act No child who is intoxicated or in need of immediate medical attention will
be accepted under any circumstances without having been seen, treated and released by a medical professional
and given written medical clearance.
If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the
sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the
program or combination of such conditions or whose mental or physical conduct would or might endanger the
other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination.
The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after
notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation
for the removal of the child. Any child not removed from the facility within 24 hours will be transported by
Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for
the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24
hour period.
Any damage to county property or juvenile facility fixtures will be paid for by the Juvenile Probation
Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department.
F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's
religion, race, creed, sex or national origin.
G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility
shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants
or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the
conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has
been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility,
or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is
received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The
same understanding and agreement between the parties exists with the exception that court orders may
authorize detention for up to fifteen (15) working days after the initial hearing and detention period.
2
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H. It is further understood and agreed by the parties that, children maybe released to the Probation Officer or
other appropriate authority of juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of
Release signed by the Judge of the Juvenile Court of Madison County.
I. Service Provider shall be in compliance with all standards and requirements of the Texas
Juvenile Justice Department and all applicable State and Federal law.
J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision
by detention staff during sleeping hours in a Secure Facility.
K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth
Screening instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel
administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date
administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county.
L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to
comply with requirements of Special Education students and their needs.
M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit
Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service
Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work,
duties functions pertaining to the maintenance and operation of the Facility. However, it is also understood that
the Juvenile Court of Madison County shall control the conditions and terms of detention supervision as to a
particular child pursuant to the Texas Family Code, Section 51.12.
ARTICLE IV
4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the
sum of $135.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall
be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of
care far children in the facility.
4.02 Every child shall receive basic detention services, Additional services that require or request special
accommodations, medications, including, but not limited to: psychological assessments, mental health care,
medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters,
special dietary needs, will be paid for by the Department.
4.03 Psychological services may be provided to the child on an as needed basis at the request of the juvenile Probation
Department and shall be paid for by the Department.
4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said
invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include
information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific
clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for
payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance
with this Agreement Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation
in a timely manner.
4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from
juvenile Probation under this contract. Service Provider shall account separately for state funds received and
expended utilizing the following Generally Accepted Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
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receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March 1 following the end of the fiscal
year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a
separate accounting of funds received from Juvenile Probation in whole or in art paid from state funds.
the accounting shall clearly list the state funds received from Juvenile Probation and account for
expenditures of said funds including documentation of appropriate expenditures as well as the year's tax
forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior
to the renewal date of the contract.
4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if funds are not available or are not appropriated by the Texas Legislature.
4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal
Officer. Service Provider will not contact other department employees regarding any claims of payment.
4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code
Section 231.006.
4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate
in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the
dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation
before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and the parties shall pay the costs of mediation services equally.
ARTICLE V
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to
ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile
Probation may be denied as determined by the Facility.
5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper
order/authorization from the Juvenile Court of Madison County.
ARTICLE VI
EXAMINATION OF PROGRAM & RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services
provided under the terms of this agreement and/or to review its record periodically. This examination and
evaluation of the program may include site visitation, observation of programs in operation, interview and the
administration of questionnaires to the staff of Service Provider and the children when deemed necessary.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as
requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make
available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or
other evidence pertaining to the costs and expenses of this Agreement.
6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon
reasonable notice will provide information, records, papers, reports, and other documents regarding services
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furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced
above) for seven (7) years after the termination of this Agreement.
6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those
funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of
the auditor investigation, including providing all records requested. Contractor will ensure that this clause
concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in
Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be
provided pursuant to this Agreement, or as may be required by law.
ARTICLE VIII
DUTY TO REPORT
8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas
Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns,
volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious
incident involving a child in a juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24)
hours from the time the allegation is made, to the following:
1. Local law enforcement agency; and
2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-
512424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-
7263, followed by submitting the report within 24 hours of said call). In addition, for serious
incidents, a treatment discharge form or other medical documentation that contains evidence of
medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice
Department within 24 hours of receipt, and
3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231and Service Provider
shall contact Juvenile Probation by telephone at (936) 241-6230 within 24 hours.
8. For allegations and incidents of sexual abuse or serious physical abuse:
1. Local law enforcement agency immediately, but no later than one (1) hour from the lime a person
gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report
shall be made by phone to law enforcement;
2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours
from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual
abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours
of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile
number 1-512-424-6716 or by email at abusenaglectOn tjjd.texas.gov and
FO
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Brans County JYVC811C Justice Center
Detention Services Agreement
Octobcr 1, 2016-Scplembcr 30, 2017
3. With respect to children placed by juvenile Probation, the TJJD Incident Report Farm shall also be
sent to juvenile Probation within 24 hours at facsimile number (936) 241-6231.
8.02 AIlegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written
statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the
occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is
not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall
be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas
Family Code Chapter 261.
8.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an
alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse,
neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or
juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical
assault or youth sexual conduct
C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or
sexual abuse by non -contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that
formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires
medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical
technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or
detached, operated wholly or partly by or under the authority of the goveming board, juvenile board or by a
private vendor under a contract with the governing board, juvenile board or governmental unit that serves
juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication
secure correctional facility required to be certified in accordance with the Texas Family Code, and a public or
private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile
court jurisdiction.
F. A juvenile justice program is a program or department operated wholly or partly by the governing board,
juvenile board or by a private vendor under contract with the governing board or juvenile board that serves
juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The tern includes a juvenile justice
alternative education program and a non-residential program that serves juvenile offenders while under the
jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
ARTICLE IX
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns,
volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have
direct unsupervised access to children in the facility or program.
9.02 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through the Texas Department
of Public Safety.
Brant Coonty Juvenile Justice Ccater
Detention Services Agreement
October 1,2016—Seplembcr30,2011
B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on
the Texas Department of Public Safety website.
C. Federal Bureau of investigation fingerprint -based criminal history background search at the National Crime
Information Center; internet-based searches shall not be used to conduct this background search.
9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent
criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later:
duration of the individual's employment or period of service minimum of three (3) years; or until any pending
litigation, claim, audit or review and all questions arising there from have been resolved.
9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the
following:
A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10)
years;
B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within
the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the
past five (5) years;
E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United
States within the past five (5) years;
F. A current jailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
9.05 In addition to the criteria and time frames set forth to the above definition of disqualifying criminal history, an
individual must not have direct unsupervised access to children in a facility or program until at least one year has
elapsed since the completion of any period of incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall
be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice
program.
9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history
from being placed in a position that involves direct unsupervised contact with children.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following
information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this
Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with children;
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C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider
that has direct contact with children;
D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and exploitation
investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service
Provider that has direct contact with children was the alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that are registered sex offenders; and
F. The identity, of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that have a criminal history. For the purpose of this
Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole;
(2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor
conviction or deferred adjudication within the past five years.
10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to
juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee,
intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to platting that individual
in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile
justice program.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not
unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis
of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and
local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of Its rights, duties and /or obligations arising out of this
Agreement without the written consent of juvenile Probation.
ARTICLE XIII
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public
officials of the governing body of the locality or localities in which the project is situated or being carried who
exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement
which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this
Agreement, as it deems appropriate, in any one of following circumstances:
Brazos Counly Juventle Jtudee Center
Detention Servieas Agreement
October 1.2016— September 30, 2017
A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein
or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement, including
failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to
endanger the performance of this Agreement in accordance with its terms and in either of these two
circumstances after receiving notice of default, Service Provider does not cure such failure within a
period of ten (10) days.
ARTICLE XV
15.01 This Agreement maybe terminated for any reason:
A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the
safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately
suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the
Service Provider.
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its
employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives
any rights It may have to indemnification from Juvenile Probation.
ARTICLE XVII
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
A. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff
certifications to provide the type (s) of services being contracted for, that it is in compliance with all statutory
and regulatory requirements for the operations of its business and that there are no taxes due and owing to
the State of Texas, the County of Brazos or any political subdivision thereof;
B. Brazos County will maintain in force policies of general liability insurance against loss to any person
($100,00.00) or property occasioned by acts ($100,00.00) or omissions of Service Provider providing limits of
$300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of
Liability Insurance shall be furnished to juvenile Probation. Furthermore Juvenile Probation shall be notified
Immediately upon any changes in the status of the insurance policy and shall promptly furnish updated
certificates of insurance to juvenile Probation.
C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly
trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a
child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code
Chapter 261 and any applicable Texas Juvenile justice Department administrative rules regarding abuse,
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neglect, exploitation, death or serious incidents, and that, if it has employees, interns, volunteers,
subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or
juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its
offices/ facilities, both the English and Spanish language versions of the following official notice forms that
are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect
and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation.
ARTICLE XVIII
TEXAS LAW TO APPLY
18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Brazos County, Texas.
ARTICLE XIX
VENUE
19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas.
ARTICLE XX
LEGAL CONSTRUCTION
20.01 In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any
other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained therein.
ARTICLE XXI
PRIOR AGREEMENTS SUPERSEDED
21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior
understandings or written or oral Agreement between the parties respecting the within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or
an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the
children placed in the Facility by the Judge of Madison County having juvenile jurisdiction
ARTICLE XXII
PRISON RAPE ELIMINATION ACT
22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and
standards applicable to the provision of services described herein and the performance of all obligations
undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which
establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons,
including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and
sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)]
Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the
CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation.,
and all such data may be requested by the Department of Justice from the previous calendar year no later than
June 30th (PREA §115.387(e) and (t)]
10
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Brom County Juvenile JuAce Center
Detention services Agreement
October 1, 2016-September30, 2017
Madison County Brazos County Juvenile Justice Center
Probation Department
zu\w
Jennifer Long Doug Vance, P D
Chief Juvenile Probation Officer Executive Director
Madison County
612"I+b
Authorized Official D ne eters
Chairman, Juvenile Board
BRAZOS COUNTY COMMISSIONERS COURT
ON '� LC Ick 5 20 , FULLY EXECUTED IN DUPLICATE, EACH OF
WHICH SHALL AVE THE FULL FORCE AND EFFECT OF AN ORIGINAL.
By:
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
E—t-1—�i
Vol_ o�s1�-2-- Pg, ��
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: July 5, 2016
ITEM: Consider and take action on the Replat of Lot 14 Cedar Oaks Estates, Volume 1239, Page
739 And The Adjoining Quitclaimed Roadside Area; 5.832 Acres; H. R. Cartmell Survey. A-88,
Brazos County, Texas. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
• Owner/Developer— DanielTorrez
• Engineer/Surveyor—Kerr Surveying, LLC
SUBMITTED BY:
R. Alan Munger, P.E.
County Engineer
CC2016
This Request i A Proved ,V (or) Denied
Date: �.(�J�l (y
Duane Peters, County Judge
by Commissioners' Court
Pg. ��
ID
KERR SURVEYING, LLC
409 N. TEXAS AVENUE
BRYAN, TEXAS 77803
Brad Kerr Telephone:
Registered Professional (979) 268-3195
Land Surveyor #4502 (979) 691-8904 FAX
To: County Engineer
RE: Replat Cedar Oaks Estates, Lot 14
Mr. Munger,
I have enclosed a copy of the Quitclaim Deed from the State of Texas for the abandoned
roadside park that was adjacent to Lot 14 along State Highway No. 21. As you can see from our
survey the calculated right-of-way per the original deeds does not coincide with the right-of-way
shown on the plat of Cedar Oaks Estates for Highway 21. This difference is also shown on the
exhibit survey plat prepared for TxDot in the Quitclaim Deed.
We were able to locate the same monumentation to tie the right-of-way as shown on the
exhibit in the deed and as shown on our replat to determine the actual area to be included as a
part of the original parent tract that became Cedar Oaks Estates. Both surveys (the deed survey
and our survey) are based on Grid North from GPS observation. If you have any questions
regarding this calculation for the right-of-way of State Highway 21 please give Brad a call to
discuss this further.
Sincerely,
Louise Barker
Kerr Surveying, LLC
vol --,U% Pg..Z/J'----
Application for Development
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979)822-2127
Office Use Only.
Master Plan Final Plat Re -Plat � Amending Plat
Property Descriotion
Road Locatio
Legal Descril
Subdivision
Subdivision i
Total number of lots: Total Acreage: .S•83a A c
Property Owner
Ownername(s): �pa�iel�rn er
Current mailing address: M991- 1r ';-, Ncrm-I`- 7'100 S'
Phone number(s): 575 - a S64
Applicant or Authorized Agent, Engineer or Surveyor
Name. and Address: %nrf 5�-t'etflr,c 4 exns &t 7>we... 7K -go 3
Phone number(s): �,�8-�(q5
Name and Address:
Phone number(s):
Application is for
Residential (�4 Mobile Home Park () Commercial ( )
Other ( )
Is any of die property located in a Floodplain or Flood Hazard area? n<> (yes/no)
Acknowledgment The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to
proposed developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific
and engineering data. On we occasions greater floods can and will occur and flood heights may be increased by man-made or natural
causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply
that development outside the areas of special flood hazard will be fret from flooding or flood damage. Issuance of a permit shall not
create liability an the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does
occur.
Is part or all of the property within an ETJ of a City? Mo (yes/no)
Will any construction occur in TxDOT right-of-ways? n n (yes/no)
Application Check List:
Copies of fmished plat with corrections (if any):
01' 9 copies to Brazos County
Ce' One (1) copy to Brazos County Health Dept.
9-' One (1) copy to Brazos County 911
❑ One (1) copy to local Water District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
❑ Letter from Brazos County Health Dept. - For onsite sewage evaluation.
0 Letter from Brazos County 911 - For road names.
0 Letter from Water District or Company. - Stating water availability, etc..
If property is within an ETJ of a city:
❑ Approval notification from appropriate city.
Applicant attest that they have signed this application in the capacity designated, if any, and further attests
that they have read document and the statement contained herein and any attached are true and factual. All
applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Office and all applicable blanks are filled in the application above.
Applicant's Signature Date
Witness Date
VOL X3_7 pg-.
Engineer/Surveyor Check List for Plat Pre -Approval
❑ l) Property located within a City Extra Territorial Jurisdiction (ETJ), contact with
that City is required before plat approval.
2) Drawn on 24" x 36" sheet to scale of 100' per inch or larger. If more than one sheet, an
index sheet showing entire subdivision at a scale of 500 feet per inch or larger.
3) Include the words; "MASTER DEVELOPMENT PLAN — NOT FOR RECORD" or
"FINAL PLAT" or "RE -PLAT' or "AMENDING PLAT" in letters %z" high.
4) Vicinity map which includes enough of surrounding area to show general location of
subject property in relation to major roads and any city limits and county boundaries. No
scale required but include north arrow.
1.H' 5) Title Block with the following information:
El,— Name and address of subdivider, recorded owner, planner, engineer and surveyor.
Proposed name of Subdivision. (Subdivision name & street names will be approved
through the Brazos County 911.) (Replats need to retain original subdivision name,)
[Y Date of preparation. (Include the date of any revisions on the plat.)
Engineer's scale in feet.
ie�_ Total area intended to be developed.
,r Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
t�K 6) North Arrow.
D__ 7) Location of any current city or county limit lines, if applicable.
S) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
0 9) Descriptions by metes and bounds of the subdivision which shall close within accepted
land surveying standards. (Shown on drawing; not separate description)
'Z� 10) Primary control points or descriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat
shall be located with respect to a comer of the survey or tract, or an original corner of the
original survey of which it is a part.
11) Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
B� 12) Location of the 100 Year Floodplain and Floodway,.if applicable, according to the most
recent available data. -
e-- 13) Note the FEMA FIRM Map panel number and revision date on plat.
14) Topographic information, including contours at two foot (2 ft.) intervals, flowline
elevation and flow direction.
15) Proposed drainage concept shown on plan, showing flow paths to primary system.
.8� 16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii,
area, center angle, degree of curvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well as, those within the subdivision; for the
following:
Existing Proposed
17) All off-site easements for infrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final plat.
❑ 18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
19) Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County Engineering
Road & Bridge Department
2617 Hwy 21 West
Bryan, Texas 77803
(979)822-2127
Vol.7-
-7 _ p9 8 1
❑
Streets: continuous or end in a cul-de-sac, stubbed out streets must end into a
temp. tum around unless they are shorter that 100 feet.
0
Public and private R.O.W. locations, width(s) and names. (All existing and
proposed R.O.W.'s sufficient to meet County and City Regulations, if
applicable.)
❑
❑
Street offsets and/or intersection angles meet ordinance.
❑
❑
Alleys
❑
❑
Reserve tracts.
❑
❑
Well site locations.
❑
❑
Pipelines: label company with volume and page.
❑
0
Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
�—
Easements.
❑
❑
Drainage Structures and improvements per engineering analysis.
1Y
A number or letter to identify each lot or site and each block.
❑
Cl
Public areas.
0
❑
Other Public improvements, including but not limited to parks, schools and
other public facilities.
17) All off-site easements for infrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be filed prior or concurrently with final plat.
❑ 18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
19) Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County Engineering
Road & Bridge Department
2617 Hwy 21 West
Bryan, Texas 77803
(979)822-2127
Vol.7-
-7 _ p9 8 1
KERR SURVEYING, LLC
409 N. TEXAS AVENUE
BRYAN, TEXAS 77803
Brad Kerr Telephone:
Registered Professional (979) 268-3195
Land Surveyor N4502 (979) 691-8904 FAX
To: County Engineer
RE: Replat Cedar Oaks Estates, Lot 14
Mr. Munger,
I have enclosed a copy,of the Quitclaim Deed from the State of Texas for the abandoned
roadside park that was adjacent to Lot 14 along State Highway No. 21. As you can see from our
survey the calculated right-of-way per the original deeds does not coincide with the right-of-way
shown on the plat of Cedar Oaks Estates for Highway 21. This difference is also shown on the
exhibit survey plat prepared for TxDot in the Quitclaim Deed.
We were able to locate the same, monumentation to tie the right-of-way as shown on the
exhibit in the deed and as shown on our replat to determine the actual area to be included as a
part of the original parent tract that became Cedar Oaks Estates. Both surveys (the deed survey
and our survey) are based on Grid North from GPS observation. If you have any questions
regarding this calculation for the right-of-way of State Highway 21 please give Brad a call to
discuss this further.
Sincerely,
Louise Barker
Kerr Surveying, LLC
Vol=�✓J% pq�__
1
Doi Lo vol r"
01024 Q9 Or, 9026 128
QUITCLAIM DEED
5TA"fE OP TEXAS
COImTV Or DIIAZOS 4
and for Ilse
as a
In insu urzOSeCOder) in Volume 190,
Q Page 212.6, to of tile Deed
Recu ds of Drured certain ln'r, s County Toxaadside pork by
itent
Tile instmment convoying the land to the State provider) thin if the land ceases to Ile used as a roadside
pork, IIIc land mvrds to 1110 grantors.
'Pile land, dowribed in Exhibit A, is no longer needed for use as a roadside pad:.
Lt accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter I4, the Texas Transportation
Commission may ..commend the quitclaim of the State's interest In comply with n reversionary clause
eonmined in the instrument that originally conveyed the interest to the State.
'Che con nnissiou Lulls Omt it is pmprr and correct that the State quitclaim all of its rights, title and
interest in tile, surplus land to comply with the reversionary clause contained in the instrument of
conveyance to the Slate.
Texas 'I'ransportntion Conmaission 'It its meeling on February 26, 2009, as Shown by the official
TileThe
T e of the Texas Transportation Colnnlissmn, passed M
asse'nnm
te No. 111730 recomending, subject to
approval by the Attorney General, that the GOVCOWr of Texas execulo a proper Instrument gnitclniming
to
,;.W. HALL AND MARTA IIALL, T1-II111 IIEIIIS OR ASSIGNS
the State's rights, title and interest in the surphrs land in consideration of the farogoing promises as
authorized by V: C.C.A., Trnnsportntion Code, Chapter 202, Subchapter 11;
RIty, GOVERNOR OF 1111, STATE OF TEXAS, by v"bre of the
NOW, 'TPIEIffiP012E, I, RICK I'E
power vested in me by new and in nccordane0 with the laws of the Slide of Texas, for and in
mises, and other good and valunble consideration, the raccipt of which
consideration of the foregoing pro
is h0reby acknowledged, have RELEASED, RMI
ESED and QOITCLAIMEI> inti do by these presents
RELEASE, REMISIi and QUITCLAIM unto
.I.W. VALL AND MARIA HALL, ITIFIR IIISIRS OR ASSIGNS
e State's rights, title and interest ill that
herelnaftar referred to as GrInniee, whether one or more, til
certain tract or parcel of ];Ind Siuinted in Bnuos County, Texas, which is more particularly described in
Exhibit A.
to utilities, ;fa"Y,
s Plo"ded by law, and
I his
rquidred edjvsnnent is nvqJ3 will be icU tottiso cost to the Stute of
addition, this gnitcla itis subject to all matters
of public record and to all casements, leases, ngrecmems or licenses, or other interests which affect the
properly, and 10 any matter which wonkl be disclosed by title examination, survey, investignlion or
inquiry, including lint 'lot limited to lion riglris of parties in possession-
TId1S QUIlTCLAIM OF 'C&IbS PROPERTY IS MADF, ON AN "AS IS" BASIS, WITH ALL
FAULTS AND WITH ANY AND ALL LA'CENT AND PATENT DEFECTS. DY ACCEP'T'ANCE
Vol, _✓�%P9•.__ J� ��
Page 2 of 4
P. u.- el; Uel. I'm
01024 •127 O(; 9025 131
h) THENCE, S 27°07'29" %N, with Iho existing west rlght-of-way lino of SI -121, a distance of 360.00 feet to the
POINT OF BEGINNING, and containing 0.413 acre (15,000 sq. ft.) of and, more or les::, within Ihoso metes
and bounds.
All bearings are hosed on the Texas Slate Plano Coordinate System, Central Zone, NAD 83(93).
This pioporty description Is nccompanled by a nopa rate plat.
THE STATE OF TEXAS G
F KNOW ALL MEN 0Y THESE PRESENTS:
COUNTY OF DRAZOS
Thal I, Robert J. Roy, n Registered Professional Land Surveyor, do hereby certify that the above
description is true and can Oct to the best of my I(nowledgo and belief and that the property described herein
was determined by n survey made on (he ground under my direction and supervision.
WITNESS MY HAND AND SEAL at ALIS1111, Travis County, Texas tills the 14°i day of July, 2006 A.D.
SURVEYING AND MAPPING, Inc.
5500 West Highway 290
Building G
Auslln, Tams 70735
FN 4759R2pt t)
Robert'�t
Registered Professional Land Surveyor
No. 5159 - State of Texas
2703730
Evol
X23 ipg,s�i_�
.� GanPHIG SCALE -
I""50'
' 25 D 21,=o /,R. CAR TY
'— SURVF_Y.A
N,HAZOS COUNT Y', TEXAS
CEDAR OAKS ESTATES SUBDIVISION
VOL.. 1239, PG. 739
LINE IAB'I_E O.P.R.G.C.FX.
1-1-3
TRACT N0. ?3
,CnLLED a00 AC so uL
VOL. 1239RC 712-
;q.rRnc Tx
20 t
VOL. 1219 I G '739 -
o.Rrncfk
-.
_..__
W.
�9 LCGEND
LTEi TvDOT 1'(PC ICONCRCTE MON. FOUND
- O s/(' IR V,/Tx00T ALUM -CAP SCT
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A— cALGIILA'TEO POINT
D.N.H.C, TX, OOUNTYFTOEIXAS OF Da AZOS
OP.RA.C.i R, O09UYT[O65s or
6RALGONI
Il�, PROPERTY LINT:
TRACT N0. 'I4
CAI_LEP 4-., 98 AC.'I
F W OLIVER
V6L 1431 PG 15:'
.. Q P R b.C.TX.. .
---------
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5) AT o6 lCXns
P,O.C. - -- - — rHIo TING fi 0 V4 PER
--- ---"- -- VOL. (70. PG 223
ATG -.O ..TEXAS D.R.Ii C TX.
."--
OL. 78. PG .305 CALLED 50 WIDF. STRIP
ti 0 R'a (,_Px.
m f) hLLli'D'"7.00 AC. _ ...._ _.
2 S.H. 21
4R
(WIDTH VARIES) Vol 1I,
1)1024429 MZ9D26 13_
NOTES:
1, ALL CDORDINATES AND OEARINGS SI' {OWN I EREON ARE
E REFN ENCED Of TI -IE
'TEXAS COORDINATC SYSI'CM, CENTRAL ZONE,
DATU
1903. ALL DISTANCES AND COORDINATES SEIOWN HEREON ARC SURFACE FEET
AND MAY DE CONVERTED 'r0 GRID DY DIVIDING DY "r HE `.WRFACC ADJUSTMENT
FACTOR OF 1.000120.
2) 11115 PARCr(L PLAT IS ACCOMPANIED EY A PARCEL DESCRIPTION OF OVEN
DATC. PAGE J OF 4
RF:F.FIELD NOTE NO,1799R?
LIE
IIS
a
LII W. m or 2uo,
, m> 15
o T I�r, d'NNN. 81`hd 11 ti /5
P IS'D 326 3020
S.H. 21 ROADSIDE I'ANFI
TRACT 1
0.413 AC (18.0(y) 50. FT.)
STATE OF TEXAS TRACT
VOLUME 80, PACO228, D.R.f3. C.T X.
Val. g S,7 Pg, SL
L----
m
m
NEW
W� o
w707'2H"r 3F0.0(Y
LINL NO.
"6Rid=HIY; SCALE
DISTANC
I.rcrnlD
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L5
1,J07 TYPE I CONORErE'MON. I"OIINO
?4.94.'
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—_ 7 —
SUI;'✓F_Y. x-88
SURVEY.
0' _
s�
DPAZCS COUNTY, rrxnS
Q
CHAIN LINT( FENCE POST FOUND
Z—\
L \
CAI.CULAIED POINT
OAKS
ES1'Al LS SUBDIVISION
DR.D.C,IX.
DEED RECORDS or HRAZO4
CEDAR
COUNTY,TCXAS
VOL.
1259 p(,_ 739
O.P.R.D. C.'{%.OFFICIAI_
PUBLIC RECORDS OF
BRAZOS COUNTY, IHXAS
0.
1
P. I'v.B,C.TY.
PROPERTY LN'h -
I
l
I
u
v- 4RAC 11 h(0 714
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I,.
VOL. 1431 F(. 753',
LINE TABLE
m
m
NEW
W� o
w707'2H"r 3F0.0(Y
LINL NO.
BEARING
DISTANC
L4
67 �=2�
SOQ',�
L5
5929 W
?4.94.'
_
L6_
N/fi°:59'79"Li
,. q.4_1
—_ 7 —
N77" 07'79"E _.--4
0' _
rxI¢ nnlr.-R.n-
_ 20' P,U.I:, 'I
VOL. 12,39, PG. 739
O.P. R,D.C,TX,
R.O.VI.'PER STATE OF TEXAS GLDAl--OAIO,,-ESIAIlJa >Lnnnvl ltu,N
",..0,r 7.,D OALLED 0, n..
30
.:IAC r UILnn> -.. - O:P.R.D, O.TX.
V01 78 X(F 3O5 Ll,k.O.C.TX
DP, ctY CAULFD-supVW __2
(WID-TI f V_laRl 5-
IPIEREOY CERTIFY HIM TMS SURVCY WAS MADE U[4 THE GROUND
CINDER MY DIRECTION AND 3UJPFRV1MN,AW9 • HAT 11-I19 PLAT IS .. • •• l
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND 1?CLIEF. aat
IIILY 14, 7.000
ROL'ERTDY DATE
REGISTER@D PR ESSIO IN_ LANG SI IRVF_YOR
N0, 5159. ';TAI(- OF 'I EXAS
d IYJ� {
550fl Wm l IIIgI�wnY 20R
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Fox. (51'31 32F 301"
pAOE n OF'1:'
REP. FICLO NOTE NO.4759R2
Vol. _ � 3 7 Pg. v'v✓�
Doc R Vol I's
DIU2442Y Or 901,, 131
Piled for Record ina
PRAID3 COUNTY
On: Nm 01,2009 nt
031571'
As n
f_eclld_og"
Onalneut Nnnhni;
01024427
AMmunt
35.00
Pecei,,U fluuher -
362682
Ou,
Nrsstnl Henn
STA1H OF TEXAS COUNTY OF OPA7.05
7 hereto cu Lill, that CI, 1s htlUrunont ues
filed on CIa ante and tine stonurd Iwrenn Oe ne
(11111 Inm duly retarded in EIV; volone ¢nil Puee-
olClle IIfI'Irinl Public rermvls off
BRAZpS r,OIRTry
au stunned Iwreon be me.
Anr 01.7.1)07
II0NORA6LL GA26N OCOOEON, COUNTY CLLR&
CRAZES COUNTY
Vol.—_�.� % . Pg,
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15/16 40.1-40.4
On this the 5th day of July 2016 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
R Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 5th day of July 2016 the Court heard and approved a budget amendment for
the 2015-2016 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 8 September 2015, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 5th day of July 2016.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Original: County Clerk's Office and
Attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 15116 - 40.1
7/5/2016
FUND
VOL1E
DIV
ACCT
PROJ DR/CR
ACCOUNT NAME
Increase Decrease
0100
31000100
60080000
CR
Clothing/Uniforms
92.00
0100
31000100
60440000
CR
Janitorial Supplies
423.69
0100
31000100
61110000
CR
Conference & Seminar Fees
684.31
0100
31000100
72670000
DR
Psychological Services
1,200.00
Juvenile Services
Reallocation of funds to cover psyCho-sexual evaluations ordered by the Courts.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 40.2
715/2016
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 31010000 61801000 CR Travel 517.00
0100 31000200 71025000 DR Contract Services 517.00
TYC Parole and Juvenile Detention
Reallocation of funds to repair door 22 in the Juvenile Detention Center that was recommended by the Facilities Services Department.
Fl.----]
�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 40.3
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 30101100 60320000 CR Firearms Readiness 125.00
0100 30101100 65050000 DR TEIding Maint. 125.00
Constable Pet. #1
Reallocation of funds to replace sign on office door.
FO,
_�.�,
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 40.4
715/2016
FUND DIV ACCT PROJ DR/CRj ACCOUNT NAME Increase Decrease
0100 31000100 61801000 CR ITravel 559.00
0100 31000100 67286000 DR I Equipment - Other 559.00
Juvenile Services
Reallocation of funds to purchase bullet proof vest for employee.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 5, 2016
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
County Clerk — Election Department Elliott, Victoria
Ocon, Krystal
Change of Status
Change of Status
District Attorney Zimmerman, Steve
New Hire
Elections Administration Miller, Ronnie
Change of Status
Schuetze, Kathy
Change of Status
White, Regina
Change of Status
DENIED
Juvenile Services- Detention Ramage, Julie
Separation
Randall, Ted
Separation
Approved in Commissioners' Court: July 5, 2016
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Pq.-�-G _.