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HomeMy WebLinkAbout2016-08-16 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS r•^ r 'alb AUG 12 A 11: 03 NOTICE OF MEETING AND AGENDA I"cQUEEN, CO'u'TCLP 9, BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 16, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-40: i 3. Proclamation 16-029 recognizing the members of the Brazos Valley Alumnae Chapter of Delta Sigma Theta Sorority, Inc. during their 30th Anniversary in Brazos County. 4. Order to Relocate Momentum Vote Center to the Bryan Ballroom. 5. Acceptance of the request from David Patterson to be removed from the BVCOG Criminal Justice Advisory Committee effective immediately. 6. Appointment of Dawn Marie Baletka to the BVCOG Criminal Justice Advisory Committee; term of appointment is 8/16/2016 - 3/31/2018. 7. Approve the Out of State Travel, to Washington DC, for Brazos County deputies to support 2017 Presidential Inauguration security operations. 8. Sheriffs and Constables' fees to become effective January 1, 2017. 9. Approval of the Brazos County District Clerk Archival plan to collect a $10.00 fee for court filings. 10. Approval of the Brazos County Clerk Archival plan to collect a $5.00 fee for court filings and $10-00 for non -court filings. 11. Approval of daily amount of reimbursement of expenses for a person who reports to jury service for Fiscal Year 2017. Vol. �— Pg.�� 12. Approval of non-profit agencies forjurors to have the option to donate all or part of their juror payments to for Fiscal Year 2017. 13. Approval of Juror Payment Authorization Forms for Fiscal Year 2017. 14. Payment Authorization to FN Ploch Construction Co. Inc. in the amount of $48,824.61 for increased spray -rate change (to provide sufficient embedment depth for road aggregate) which exceeds the Purchase Order (#16002951). 15. Payment Authorization to N -Line Traffic Maintenance in the amount of $3,348.55 for county road striping; Purchase Order (#16003498) was exceeded due to error in (L.F.) measurement of project. 16. Ratification and approval of purchase order # 16003941 to Odysseyware, Inc. for the purchase of 20 renewal licenses which automatically renews the contract with Odysseyware, Inc. once payment is received. 17. Request approval to purchase Dodge Chargers for FY17 Capital in the amount of $307,000. 18. Approval of Update to Section 4.05.03: Work Schedule and Workweek. 19. Consider and Take Action to increase Liability Coverage from $2,000,000 to $3,000,000 for Law Enforcement and Public Officials 20. Approval of the SAVNS Maintenance Grant Contract between the Office of the Attorney General and Brazos County. 21. Title IU E Child Welfare Services & Legal FY 2017 Contract Nos. 23940058 and 23940059. 22. Discuss and take possible action on renewal of contract with Cameron County for juvenile residential services. 23. Discuss and take possible action on renewal of contract with Hays County forjuvenile residential services. 24. Discuss and take possible action on renewal of contract with Nueces County for juvenile residential services. 25. Discuss and take possible action on renewal of contract with Grayson County forjuvenile residential services. 26. Discuss and take possible action on renewal of contract with Rite of Passage, Inc. for juvenile residential services. 27. Consideration of bid received and potential award of Bid #2016-195, Sale of Land in Park Hudson. 28. Fleet Services is requesting that County Asset #A001001647, a 2009 Chevrolet Silverado be transferred to Facilities Services and the Unit # be changed to FS2553. 29. Renewal of contract #17-001 R for Vehicle Equipment Installation with Mobile Toys Inc. 30. Renewal of contract 17-077R with Airbus DS Communications, Inc. for the Emergency Notification System for Brazos County. 31. Approval of contract # 17-090 with Thompson Reuters (West Law) for an online subscription service for the District Attorneys Office, 32. Consider and take action on a settlement agreement and release with Alston Thorns and Patricia A. Clabaugh for compensation for use of their property during the construction of a temporary detour and replacement of a roadway culvert on Rustic Oaks Drive. The compensation is in the amount of $1,000.00. Site is located in Precinct 2. 33. Consider and take action on the Atmos Energy Corporation utility permit to construct a road bore for an 8 -inch pipeline crossing under Silver Hill Road 1,550 feet northeast of Goodson Bend Road. Crossing will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 4. 34. Consider and take action on the requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. William & Linda Marr -refund of P&I-$226.60 • b. Tommy & Noel[ Vance -refund of P&I-$81.40 • c. Phillip Blackbum-refund of P&I-$221.24 • d. Phillip Blackburn -refund of P&I-$148.08 • e. Phillip Blackbum-refund of P&I-$77.65 • f. Park -More Investments -refund of P&I-$22.01 • g. Park -More Investments -refund of P&I-$50.63 • h. Park -More Investments -refund of P&I-$91.87 • i. Park -More Investments -refund of P&I-$38.34 • j. Park -More Investments -refund of P&I-$98.18 • k. Park -More Investments -refund of P&I-$239.07 • I. Park -More Investments -refund of P&I-$21.18 • m. Stone Haven Management Carp. -refund of P&I-$5.65 • n. Stone Haven Management Corp. -refund of P&I-$2.70 • o. Stone Haven Management Corp. -refund of P&I-$6.52 • p. Stone Haven Management Corp. -refund of P&I-$7.30 • q. Stone Haven Management Corp. -refund of P&I-$6.52 • r. Stone Haven Management Corp. -refund of P&]-$5.91 • s. Stone Haven Management Corp. -refund of P&I-$7.39 • t. Stone Haven Management Corp. -refund of P&I-$14.42 • u. Stone Haven Management Corp. -refund of P&I-$14.58 • v. Stone Haven Management Corp. -ref und of P&I-$6.83 • w Stone Haven Management Corp. -refund of P&I-$120.13 • x. Stone Haven Management Corp. -refund of P&I-$718.63 • y. Stone Haven Management Corp. -refund of P&I-$159.05 • z. Stone Haven Management Corp. -refund of P&I-$6.14 • aa. Barry & Laura Hendler-refund of P&I-$57.50 • bb. Latitude Enterprises Inc. -refund of P&I-$33.23 • cc. Latitude Enterprises Inc. -refund of P&I-$61.03 • dd. Latitude Enterprises Inc. -refund of P&I-$60.29 • ee. Latitude Enterprises Inc. -refund of P&I-$60.63 • ff. Welch Construction -refund of P&I-$30.63 • gg. Gary & Dianne Welch -refund of P&I-$91.29 • hh. Will Properties -refund of P&I-$394.35 35. Tax Refund Applications for the following: • a. Rushmore Loan Services -overpayment -$2799.99 • b. Nick & Sonya Singleton -overpayment -$616.95 • c. Roy & Suane Pledger -overpayment -$18.27 • d. Wells Fargo Real Estate Tax Service -overpayment -$100.03 • e. Elayne & Charles Brooks -overpayment -$20.60 • f. Allen Heidrich -overpayment -$5.70 36. Budget Amendments. Vol. Budget Amendments FY 15/16 46.1 -46.6 37. Personnel Change of Status. Personnel Action Forms 38. Payment of Claims. 39. Convene into Executive Session pursuant to Texas Government Code Section 551.072 to discuss real property. 40. Consider and possible action on executive session. 41. Sheriff's report on inmate population. 42. Announcement of interest items and possible future agenda topics. 43. Call for Citizen input and/or concerns 44. Adjourn. I-Vol--::�-&—S� P9, i PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 91.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; In participating In public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are Inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (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 agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 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. Pg._ d� -1 L� MINUTES AUGUST 16, 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, August 16, 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-40: 3. Proclamation 16-029 recognizing the members of the Brazos Valley Alumnae Chapter of Delta Sigma Theta Sorority, Inc. during their 30th Anniversary in Brazos County. Vol. S Pg. ,� The Court approved as submitted Proclamation 16-029 recognizing the members of Delta Sigma Theta Sorority during their 30th Anniversary in Brazos County. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Order to Relocate Momentum Vote Center to the Bryan Ballroom. A copy of the order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Acceptance of the request from David Patterson to be removed from the BVCOG Criminal Justice Advisory Committee effective immediately. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Appointment of Davin Marie Baletka to the BVCOG Criminal Justice Advisory Committee; term of appointment is 8/16/2016 - 3/31/2018. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Approve the Out of State Travel, to Washington DC, for Brazos County deputies to support 2017 Presidential Inauguration security operations. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 8. Sheriff's and Constables' fees to become effective January 1, 2017. A list of the approved fees is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 9. Approval of the Brazos County District Clerk Archival plan to collect a $10.00 fee for court filings. Vol. pg.��5 A copy of the plan is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Approval of the Brazos County Clerk Archival plan to collect a $5.00 fee for court filings and $10.00 for non -court filings. A copy of the plan is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Approval of daily amount of reimbursement of expenses for a person who reports to jury service for Fiscal Year 2017. The rates are as follows: $6.00 for the first day of service. $40.00 each day of service thereafter. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Approval of non-profit agencies forjurors to have the option to donate all or part of their juror payments to for Fiscal Year 2017. The list of non-profit agencies are as follows: Crime Victims' Compensation Fund (mandated) Brazos County Child Welfare Board (mandated) Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Approval of Juror Payment Authorization Forms for Fiscal Year 2017. A copy of the approved Juror Payment Authorization Forms is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Payment Authorization to FN Ploch Construction Co. Inc. in the amount of $48,824.61 for increased spray -rate change (to provide sufficient embedment depth for road aggregate) which exceeds the Purchase Order (#16002951). This payment authorization is requested by the Road & Bridge Department. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Payment Authorization to N -Line Traffic Maintenance in the amount of $3,348.55 for F -1- J -p pg. �, � county road striping; Purchase Order (#16003498) was exceeded due to error in (L.F.) measurement of project. This payment authorization is requested by the Road & Bridge Department. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Ratification and approval of purchase order# 16003941 to Odysseyware, Inc. for the purchase of 20 renewal licenses which automatically renews the contract with Odysseyware, Inc. once payment is received. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Request approval to purchase Dodge Chargers for FY17 Capital in the amount of $307,000. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Approval of Update to Section 4.05.03: Work Schedule and Workweek. A copy of the revised policy is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Consider and Take Action to increase Liability Coverage from $2,000,000 to $3,000,000 for Law Enforcement and Public Officials Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed, 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Approval of the SAVNS Maintenance Grant Contract between the Office of the Attorney General and Brazos County. 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. Vol. Pg. 7 21. Title IV -E Child Welfare Services & Legal FY 2017 Contract Nos. 23940058 and 23940059. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Discuss and take possible action on renewal of contract with Cameron County for juvenile residential services. 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. 23. Discuss and take possible action on renewal of contract with Hays County for juvenile residential services. A copy of the contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 24. Discuss and take possible action on renewal of contract with Nueces County for juvenile residential services. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 25. Discuss and take possible action on renewal of contract with Grayson County for juvenile residential services. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 26. Discuss and take possible action on renewal of contract with Rite of Passage, Inc. for juvenile residential services. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 27. Consideration of bid received and potential award of Bid # 2016-195, Sale of Land in Vol. ����_ Pg. ,-21?g Park Hudson At this point, the County Judge announced that the Court would consider items 28 through 38 then return to item 27. After considering the previous noted agenda items the Court returned to item 27. Purchasing Agent Charles Wendt announced to the Court that only one bid has been received on Bid # 2016-195, Sale of Land in Park Hudson. Mr. Wendt said that the one bid was from the Brazos County Appraisal District. Mr. Wendt presented a map of the property to the Court and noted that the Appraisal District is requesting that the soil be leveled and removed from the site. Judge Peters announced the Court would now return to agenda item 39 Having returned from the Closed Executive Session, Civil Counsel Bill Ballard stated that the bid before the Court is subject to the following conditions: 1. The Court is willing to level the soil but not remove it from the site. 2. The contract will be subject to approval by all taxing entities. 3. Funding must be approved and available. 4. An additional 1/4 acre will be purchased and the buyer must understand that because of the drainage easement in the area they are not able to build structures, but they can use the area for parking. 5. The buyer will be responsible for the costs to re -plat. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to accept the bid. At this point the Court returned to agenda items 42 through 44 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 28. Fleet Services is requesting that County Asset #A001001647, a 2009 Chevrolet Silverado be transferred to Facilities Services and the Unit # be changed to FS2553. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 29. Renewal of contract #17-001 R for Vehicle Equipment Installation with Mobile Toys Inc. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by rol. �J � Pg. � �� Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 30. Renewal of contract 17-077R with Airbus DS Communications, Inc. for the Emergency Notification System for Brazos County. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 31. Approval of contract # 17-090 with Thompson Reuters (West Law) for an online subscription service for the District Attorney's Office. 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. 32. Consider and take action on a settlement agreement and release with Alston Thoms and Patricia A. Clabaugh for compensation for use of their property during the construction of a temporary detour and replacement of a roadway culvert on Rustic Oaks Drive. The compensation is in the amount of $1,000.00. Site is located in Precinct 2. A copy of the settlement agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 33. Consider and take action on the Atmos Energy Corporation utility permit to construct a road bore for an 8 -inch pipeline crossing under Silver Hill Road 1,550 feet northeast of Goodson Bend Road. Crossing will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 34. Consider and take action on the requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. William & Linda Marr -refund of P&I-$226.60 • b. Tommy & Noell Vance -refund of P&I-$81.40 • c. Phillip Blackburn -refund of P&I-$221.24 • d. Phillip Blackburn -refund of P&I-$148.08 • e. Phillip Blackburn -refund of P&I-$77.65 • f. Park -More Investments -refund of P&I-$22.01 • q. Park -More Investments -refund of P&I-$50.63 � Vol. Z,5u� Pg. � �� • h. Park -More Investments -refund of P&I-$91.87 • i. Park -More Investments -refund of P&I-$38.34 • j. Park -More Investments -refund of P&I-$98.18 • k. Park -More Investments -refund of P&I-$239.07 • 1. Park -More Investments -refund of P&I-$21.18 • m. Stone Haven Management Corp. -refund of P&I-$5.65 • n. Stone Haven Management Corp. -refund of P&I-$2.70 • o. Stone Haven Management Corp. -refund of P&I-$6.52 • p. Stone Haven Management Corp. -refund of P&I-$7.30 • q. Stone Haven Management Corp. -refund of P&I-$6.52 • r. Stone Haven Management Corp. -refund of P&I-$5.91 • s. Stone Haven Management Corp. -refund of P&I-$7.39 • t. Stone Haven Management Corp. -refund of P&I-$14.42 • u. Stone Haven Management Corp. -refund of P&I-$14.58 • v. Stone Haven Management Corp. -refund of P&I-$6.83 • w. Stone Haven Management Corp. -refund of P&I-$120.13 • x. Stone Haven Management Corp. -refund of P&I-$718.63 • y. Stone Haven Management Corp. -refund of P&I-$159.05 • z. Stone Haven Management Corp. -refund of P&I-$6.14 • aa. Barry & Laura Hendler-refund of P&I-$57.50 • bb. Latitude Enterprises Inc. -refund of P&I-$33.23 • cc. Latitude Enterprises Inc. -refund of P&I-$61.03 • dd. Latitude Enterprises Inc. -refund of P&I-$60.29 • ee. Latitude Enterprises Inc. -refund of P&I-$60.63 • ff. Welch Construction -refund of P&I-$30.63 • gg. Gary & Dianne Welch -refund of P&I-$91.29 • hh. Will Properties -refund of P&I-$394.35 Judge Peters asked Civil Counsel Bill Ballard if the request can be approved according to the statute. Mr. Ballard explained that Chapter 33 of the Property Code only allows waiver of penalty for specific reasons. The law only allows waiver for penalty if the move of the Tax Office is within one year. The Tax Office moved to the new location on May 8, 2015. Mr. Ballard went on to say the law does not allow the Court authority to consider a waiver since it is now over a year since the move. Motion: Deny, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 35. Tax Refund Applications for the following: • a. Rushmore Loan Services -overpayment -$2799.99 • b. Nick & Sonya Singleton -overpayment -$616.95 • c. Roy & Suane Pledger -overpayment -$18.27 • d. Wells Fargo Real Estate Tax Service -overpayment -$100.03 • e. Elayne & Charles Brooks -overpayment -$20.60 • f. Allen Heidrich -overpayment -$5.70 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 36. Budget Amendments. Budget Amendments FY 15/16 46.1 -46.6 46.1 Reallocate funds for Juvenile Services -Academy. 46.2 Reallocate funds for District Attorney. 46.3 Reallocate funds for Juvenile Services - Detention. 46.4 Transfer funds from General Fund Contingency to Court Support - Civil. 46.5 Reallocate funds for Courthouse Renovation. 46.6 Reallocate funds for County Drug Court Program. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 37. 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 LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 38. Payment of Claims. Claims 7147211-7147452 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 39. Convene into Executive Session pursuant to Texas Government Code Section 551.072 to discuss real property. The County Judge stated the Court would consider item 41 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:29 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.072 as stated above. The following individuals were asked to stay for the meeting: vol. �J _ pg.�_�_ Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Charles Wendt, Purchasing Agent 40. Consider and possible action on executive session. At 10:54 the County Judge announced the meeting open to the public and no action would be taken on the Closed Executive Session, but the Court would return again to agenda item 27. 41. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 620 inmates in jail, 64 have electronic monitors and 16 are pending for monitors. At this point the County Judge stated that Court would now return to item 27. 42. Announcement of interest items and possible future agenda topics. There were no announcements. 43. Call for Citizen input and/or concerns There was no citizen's input. 44. Adjourn. f Vol. _��7 pg. �J' The foregoing minutes of the Commissioners Court meeting held August 116, 2016 have f r {„ been examined and are approved in open Court this day of Duane Peters County Judge 2016, in Bryan, Brazos County, Texas. Lloyd Vrassermann Commissioner, Precinct 1 �-jjj S y Catal a Kenny Mallard Commissiot2er, Precinct 2 Commissioner, Necinct 3 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRL T) DAY 0 0,f l -.—y c<ce-� k4d )UA; a i»w 20 IG Organization (PLEASE PR -NT) -(�Sc-A-D C D -F 4f S Vol. pg. gs`f— BRAZOS COUNTY COMMISSIONER'S COURT � DAY o Name (PLEASE PR -INT) 20 )� Organization (PLEASE PRINT) A19X IC -4 Vol. Name (PLEASE PRAT) BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 20� Organization (PLEASE PRIN7 30th Anniversary Brazos Valley Area Alumnae Chapter Delta Sigma Theta Sorority, Inc. WHEREAS Delta Signa Theta Sorority, Inc. was founded in 1913 on the campus of Howard University to promote academic excellence; to provide scholarships; to provide support to the underserved; to educate and stimulate participation in the establishment of positive public policy; and to highlight issues and provide solutions for problems in communities. Today, Delta Sigma Theta Sorority has more than 900 chapters worldwide and has initiated over 250,000 members. The Sorority uses its Five -Point Programmatic Thrust of economic development, educational development, international awareness and involvement, physical and mental health, and political awareness and involvement to create its national programs; and WHEREAS the Brazos Valley Area Alumnae Chapter of Delta Sigma Theta Sorority, Inc. will celebrate its Thirtieth Anniversary in Brazos County, Texas on August 9, 2016; and WHEREAS members of the Brazos Valley Area Alumnae Chapter exemplify the spirit of their founders through their roles as educators, advocates and activists, both professionally and voluntarily, and endeavor to improve the quality of life and overall well-being of their communities; and WHEREAS their mission and programs benefit our community through such events as financial planning workshops, scholarship and awards programs, youth initiative programs, health and wellness seminars and political forums and voter registration drives; and WHEREAS Brazos County is pleased to congratulate members of the Brazos Valley Area Alumnae Chapter of Delta Sigma Theta Sorority, Inc. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim special recognition to the members of the Brazos Valley Area Alumnae Chapter of Delta Sigma Theta Sorority, Inc. and urges all citizens to join in thanking them for their suppo ation and wish them the best in their endeavors. PROCLAIMED this 16th day of Se tember, 201 V� Duane Peters County Judge lnkd &.)�,YA, Comthissioner Lloyd Wassermann Precinct 1�,� Commission�enny Mala d Precirkt 3 Sammy Catalena 16-029 3 ORDER RELOCATING VOTE CENTER FROM MOMENTUM CHURCH TO THE BRYAN BALLROOM WHEREAS, there exists at the present time a certain polling place which can not be used for the purpose of conducting elections; and WHEREAS, the vote center was currently located in the Momentum Church located at 1216 Beck Street, Bryan, Texas; and WHERESA, the Momentum Church is no longer suitable for use; and WHEREAS, for the convenience of the voters it is recommended that the Momentum Church vote center be moved to the Bryan Ballroom located at 703 Palasota Drive, Bryan, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the vote center be relocated in Brazos County to wit: and THAT the Momentum Church vote center be moved to the Bryan Ballroom, located at 703 Palasota Drive, Bryan, Texas. ADOPTED this �fday of C aN and () NAYS. ATTEST: 2016 by a vote of 5 AYES Duane Peters, County BRAZOS COUNTY BRYAN,TEXAS Whereas, Subchapter F, §118.131 of the Local Government code, authorizes the Commissioners Court of each County to set reasonable fees to be charged for certain services by the office of Sheriff and Constable; and Whereas, the Brazos County Commissioners court has determined the fees listed below are required to recoup the costs to Brazos County for the services; Therefore, the commissioners Court is of the opinion that the following fees are reasonable and should be established for these services in Brazos County effective January 1, 2017, and to remain in effect until further orders of the court. These fees will be for the District Courts County Courts. Justice of the Peace Courts and Small Claims Courts. NOTICES: SUBPOENAS SUMMONS WRIT OF ATTACHMENT WRIT OF GARNISHMENT WRIT OF SEQU ESTRAT10 N ORDER OF SALE WRIT OF POSSESSION FORCIBLE DETAINER WRIT OF RETRIEVAL SERVICE FEES: SMALL CLAIMS CITATION JUSTICE COURT CITATION ALL OTHER COURTS' CITATIONS OTHER SERVICE FEES: ALL CITATIONS ALL WRITS POSTING OF PUBLIC NOTICE OF SALE PRECEPTS SHOW CAUSE EXECUTING A DEED FOR REAL PROPERTY EXECUTING A BILL OF SALE FOR REAL PROPERTY RESTRAINING ORDER DISTRESS WARRANT TURNOVER ORDER WITH EXECUTION COMMITMENT (FROM CIVIL SUITS) CITATION/TEMPORARY PROTECTIVE ORDER NOTICE OF APPLICATION/PROTECTIVE ORDER JUDGMENT NISI ESTRAY FEES: LIVESTOCK COLLECTION FEE, per head IMPOUNDMENT FEE BOARDING & FEEDING $70.00 $70.00 $125.00 $125.00 $125.00 $125.00 $125.00 (Plus $50.00/hr per deputy after 2 hrs.) $100.00 $125.00 (Plus $50.00/hr per deputy after 1 hr.) $70.00 $70.00 $70.00 $70.00 $125.00 (un less fee mandated by State) $30.00 (each location) $70.00 $70.00 $70.00 $70.00 $125.00 $125.00 $125.00 $125.00 $ 30.00 $ 30.00 $20.00 $25.00 $150.00 A nn"/ Vt . w I Plan For Preservation and Restoration Of Archived Records Presented By Marc Hamlin Brazos County District Clerk Updated July 3, 2016 Duane Peters Date County Judge Fol. _�i _ Pg,/ Executive Summary HB 1513 provides for a fee not to exceed $10.00 to be imposed for filing of a suit, including an appeal from an inferior court, or a cross -action, counterclaim, intervention, contempt action, motion for new trial, or third -party petition, in a district court in the county. The District Clerk's Office wants to take advantage of new legislation that is designed to preserve archived records by adding an archive fee to each filing of a suit. This fee is to be dedicated to that task. The majority of the permanent records in the District Clerk's Office are paper based. These records are used by our office for the public and are vulnerable to loss by wear and tear. The purpose of this document is to define the restoration and preservation, digital capture, stage, retention and management of archive records belonging to the District Clerk. This Preservation and Restoration Records Plan in intended to be a "Living Document". It will be updated as a new products and procedure evolve. It is the intent of the District Clerk to follow guidelines set by the Texas State Library and Archives Commission. Goal The Goal is to capture and archive all cases prior to January 1, 1990, regardless of media type they currently are in, as efficiently as possible. The District Clerk's Office is also looking at restoring records, suspending or reducing deterioration of public records, improvingthe public access to the documents in a manner that reduces the risk of deterioration. Scope The Scope of this document includes the following: • All District Clerk records filed with the District Clerk before January 1, 1990 • Plans to capture records electronically to improve public access. • Plans to restore and preserve records with significant historical value. • Future plans are to improve public and governmental access. This document addresses the restoration and preservation needs of the District Clerk Records Archive. No other departments addressed. The effective date of this action is September 1, 2014, and expires September 1, 2019 Vol. Inventory Currently the District Clerk's Office holds over 100 record books which includes indexes for Civil Cases, Divorces, Adoptions, Grand Jury Records, Felonies and Misdemeanors. The District Clerk's Office also has approximately 80 boxes of historical cases many with historical significance. The cases include Civil, Divorce, Adoptions, and Felonies. Current Accessing Methods Records prior to January 1, 1990 are accessed by the public through a request to our office due to the cases not being imaged. our office currently has to find the Index for the records we are seeing to obtain the cause numbers before we can physically pull the file to obtain copies for the public. These records are kept in our storage facility at 200 S. Texas Ave, Bryan, Texas 77803 Restoration and Preservation Plan Fiscal Year 2016-2017 It is the plan of the District Clerk's Office to scan an portion of the paper documents in house, lease an additional scanner, and fund temporary full or part time employees to capture all records filed in the District Clerk's Office priorto January 1, 1990. These images will be integrated into the existing District Clerk records and retrieval systems and enhance the public's access to public records. The District Clerk plans to award bid to an outside vendor to restore and preserve all records with significant historical value. The restoration process will ensure the legibility of these public documents for future generations. Revenue collected and not expended in the fiscal year will be carried forward and used on other archive projects. Projected Revenue The County Auditor estimates the revenue this will bring in approximately $18,500.00 per year. Vol. pg,-� ►o Brazos County Clerk Records Management and Archive Plan I. Background (Statutory History) The 77th Texas Legislature passed HB 370 in 2001 to allow border county's to assess a $5.00 Records Management and Preservation Fee for the preservation of older records filed with the County Clerk. The 78th Legislature passed SB 1731 amending the original legislation allowing all county's to collect this fee with Commissioner's Court approval. The County Clerk is proposing to collect this fee at this time. This legislation amends Local Government Code, Section 118.011 (b & f), to enable the Commissioner's Court to adopt a Records Management and Records Archive Fee for the preservation and automation of previously filed and recorded real property and vital statistics records as part of their regularly adopted annual budget. The 82"d Legislature passed HB 1513 amending Government Code, 118.011 (b &f) allowing the Commissioner Court to set and collect a Records Management and Records Archival Fee not to exceed $10.00 on non -court related filings. II. Bill Summary • Begins on approval of the County of Brazos 2015-16 Annual Budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. • Termination: The 79th Legislature extended this bill indefinitely. The $10.00 fee is assessed on any instrument, document, paper, or other record that the County Clerk is authorized to accept for filing or recording (deed or official public records, assumed names, and marriage licenses). • The $5.00 fee is assessed on any original civil case filings. • The fee may be used only to provide funds for specific records management and preservation, including for automation purposes — in accordance with this written plan. • Changes to the plan must be approved by Commissioner's Court. The plan may be modified as required. III. Purpose Some of Brazos County official records have been computerized and automated in electronic format since the late 1960s. The County Clerk's office is progressive in the preservation of current records, utilizing the original Records Management and Archival Vol. 3 4 Pg._� `i � Fees from 1991 forward. However, this funding has not been sufficient to electronically preserve and restore the older documents that have a priceless historical value. In order to preserve and enhance the integrity of the existing system for recording and preserving public documents; the County Clerk seeks to preserve existing original records by restoring or re-creating old volumes, digitizing older microfilm and paper records, re - indexing old handwritten and typed indexed books and converting all older media into an electronic format and importing this newly created data into the existing computer system. IV. The overall goal and vision of the County Clerk's office is to: • Modernize and upgrade old record systems in the office. • Continue to add records and information to your existing computer system. • Eliminate or reduce manual lookups and searches. • Expedite record searching by having more records available for electronic retrieval. • Create a complete electronic records back-up for disaster recovery. • Provide more public information to the citizens of the County via the Intra/Internet. • Continue to eliminate the need for paper records. • Preserving original records by reducing daily usage. • Reclaiming much needed space in the public records area. • Construction of new records storage facility. V. Annual Revenue Estimate Official Real Property Records 31,000/annually Marriage Records 1,500/annually Civil/Criminal Filings 400/annually Total 32,900 Filings Annually X $ 10.00 = $ 329,000.00 VI. Restoration, Preservation and Automation Projects Real Property Records: Projects include computerized re -indexing and converting all real property records to electronic images and importing new records to the existing real property computer system. Phase 1: Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the existing grantor/grantee index and importing to the computer and internet: Approx 674,000 Instruments filed 1967 to 1999 Estimated $ 370,700 Vol. __ J _ Pg. y %� Phase 2: Back conversion of 1966 to Volume A of Deed Records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 1,167,000 images from 1966 to Volume A. Estimated $ 167,000 Re -indexing real property records from 1966 back to Volume A using the electronic images of the original record books: Data entry/conversion of approx 355,000 instruments. Estimated $ 608,000 Phase 3: Design and construction of new records storage facility. Approximately 3000 square foot building Estimated $ 460,000 Phase 4: Maps and Plats Conversion/scanning and reindexing of all maps/plats and importing to existing computer system. Approximately 4,000 maps and plats Estimated $ 60,000 Phase 5: Commissioner's Court Records Electronic conversion and reindexing of all existing Commissioner's Court minutes and importing this data to existing computer system in a searchable format. Approximately 190,000 pages and 120,000 index entries Estimated $ 128,000 VIII. Length of Projects It is estimated that these projects will take approximately 18 years to complete and implement. Some projects may be considered as on-going and paid monthly as revenue is collected. Vol. — __2 F Pg._,_z �� Summary The Legislature has provided a means to raise revenue for the records management and preservation of older county property and vital records. This "user" fee is an alternative to raising taxes or spending general fund monies to accomplish these important projects. This plan will be implemented in "phases" as money is accrued and deposited into a special revenue account. The completion of the initial phases will preserve the original records, provide more space in the public records area, and continue to modernize the Clerk's office through available technology. PPR LVED �Il�al�c� Duane Peters County Judge Date �tol. of �� . p9•.���% Juror Name: Court: Brazos County 300 E. 261h St., Suite 1200 Bryan TX 77803 a (979) 361-4224 Marc Hamlin District Clerk JUROR PAYMENT AUTHORIZATION FORM Summons ID: Date: Reimbursement Rate: $6.00 Thank you for yourjury service in Brazos County. Texas law entitles you to receive reimbursement for your travel and other expenses. In Brazos County, the rate is set at $6.00 for the day of Jury Selection. If you are selected to serve as a juror, you are entitled to receive $40.00 per day after the first day. Again, thank you for your jury service. Sincerely, ^ Marc Hamlin, District Clerk *Please check one of the following: ❑ 1 want to be paid. to ❑ 1 would like to donate to: Crime Victims' Compensation Fund - Provides service to assist victims of crime. ❑ 1 would like to donate to: Brazos County Child Welfare Board - Advocates for the protection of children from abuse and neglect. *Juror's Signature Date By my signature, I acknowledge that I have directed the Brazos County Treasurer to disburse the funds as indicated above. *ALL FUNDS NOT DESIGNATED WILL BE RETAINED BY BRAZOS COUNTY !E OJ ;:�1 Iso Brazos County 300 E. 26th St., Suite 1200 Bryan TX 77803 (979) 361-4230 Marc Hamlin District Clerk JUROR PAYMENT.AUTHORIZATION FORM Juror Name: Summons ID: Date: Reimbursement Rate: $40.00 Thank you for your jury service in Brazos County. Texas law entities you to receive reimbursement for your travel and other expenses. Now that you have been selected as a juror or Jury Selection has lasted more than one day, you are entitled to receive $40.00 per day after the first day. Sincerely, Marc Hamlin, District Clerk *Please check one of the following: ❑ I want to be paid. OR ❑ 1 would like to donate to: Crime Victims' Compensation Fund Provides service to assist victims of crime. OR ❑ 1 would like to donate to: Brazos County Child Welfare Board Advocates for the protection of children from abuse and neglect. `Juror's Signature Date By my signature, I acknowledge that I have directed the Brazos County Treasurer to disburse the funds as indicated above. *ALL FUNDS NOT DESIGNATED WILL BE RETAINED BY BRAZOS COUNTY Vol. _z�,C7-- pg.—a-51-r— 1 aODYSSEYWARE' LICENSE AGREEMENT LICENSOR: Odyssty Ware, a division of Olynlyon. Inc. ("Lleensors) 300 North McEemy Avenue Chandler, AZ 85226 LICENSEE: Name: Brazos County JuvenRe Ser dean ("Licensee) Street Address: 1904 W. Hwv 21 City/State/Zip: Bryan' TX 77803 Phone: 979-823-3544 Email: Olivia®co.brarns.t Las This non-ezclusiva license agreement ("Agreement") is hereby enteral into this _29 day of September . 2011 by and between Licensor and Licensee for the use of the OdysseyWare 2011 Release including all data and materials relatedthereto and associated therewith ("Application") as further described herein. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TEAM. Theteteofthia Agteemm dAbeom(I)yra.eammeadogm 9/1/11(`ImtWTam'7.TbeT=maybeeatmdedfmmuecalve can (1) ymcperioda upon Licenses's payment of'Umasor's invades for maddidmal year's umof the Application (each a "Renewal Toon'). flan !nidal Tem and anyReneaalTerms shah'maectively be defined u the'Tam'). 2 FEES. Fm wdetdledto An••�•-.•,�tAllcemarmavea the tighten aha myfrsa[any limolu llrsasm's anla dieaetim !!¢arae eheR rzmi[fall pvymmemticrosor[manycostamfeninwicedby Lie wUtemcarpmmodptofmy Uo inwim.FaymcuabaEtbdmwbetbeerrnor Licensee recdvsfnwire ocoths sMuess farfaraaffi ants fmm [!censor. Licem rrealm the fight todlecendans providing Uaaue sane tothe Application Mceoeee falls to make sB requested paymmn to Licensor aaordleg to Ueacar'e totes. 3. GRANT OF RIG81'S. Licenor herby grams to Linea, rhe ommacludve, amt fmblo dght w ua= tho Applladon solely with Uccase'a sedseK faculty and Stsff, anbJee to the teres described hadn. License shall as suMccom any ofha rights heaunder in my myoma wboscevs withmtlicae eS priawdnm amaent.Homme shag have the tight to¢cotta the Application via the Tatetaet with the number ofEcesva detsiledon Anachmmt A Additional licenses may be gramsd to Licanweby Licensor open momai written agrermmt of the parties. 4. USER LICENSES: s. Licensee shall be authorized to m'lire the Apptiurim hereunder thrmgh User Lieanss u anther desrnbed hada For the purposes ofthis Agro mem, a "User Ucense"shag mem a nansfenble license to access the Application via the Internet. A User license may be used by any of Liccma's students ban may not be used by mea thm me oflicema's student, U the same moment in time Lineae, h hereby anthorized in saes the Application through the aumbw of fully -paid Uses Uccems described In Amahecat A b. Itmnaee MAYPmchsm indhidml comae for a student notutilahsg a Uses, License ('Single Cause Student') for the per -comae MMU gavel an Atmehmeat A. U enee shall not purchase stere than me (1) come for my Single Camra Student and shall pay for Single Cause Student coarses In advmoc in tall. 5. ONLINE LEGAL NOTICE. This Agreement and all etas to and use of the Application le Subject to and governed by the legal term posted on the OdyseyWare website principally acceaed by visiting hllplhvwa.odyeeeywae.eom ("Legal Notice"} Licensor trews the right to amend, supplement. mange, orfemnieetethecases, of the Laical Notice at my time and from time te than without my notice to Lines by pending said changes a the OdyucyWam webdce. All tema of the legal Notice and my changes to the Legal Notice ere herby icompotaced into this Agreement by rzfetennew though duly set forth hedn. By executing this Agreement, Uctases samu at, and accepts an team cf thc Legal Notice with= exception. 6. OWNS SHIP. The Application and all les associated —desids ell the anlelyowved or legally licensed property of Unum¢. The ApplicadmL licensed. nos add, to Uocas„ under the tams of this Agreement. Licamordoca cat RU my tide, owaerablp dgh% or interest to or tothe Application. By using the Application. Ueseaee is ageing only to a mna clnsive, moatnmdervble gams, to us. according to the acmes of this Agreement. the Application and my soewueprograms or ad= proprietary material of third parties that an, incorporated lam the Application. Ucmeor reserves and wins an right, tide and Imeamt (iuelvdiug hen nor pimped to copyright% patents, trademarks, and SWAM menu and otherino-]IemW prnpay, rights) in and to the Application. The remuneration paid for the Application ronsdastes a lions¢ fee for Its use. 7. TRAINING. Uaroaorahall provide tnWngto Liceseeand its employees via the tmema Drat Ucenaee's piece of business sdeteged Attachment A Tkaldag shall indole iuwadm an net -up and urWandon of the Appileation for fimss 'sputpmessregutheuseafthe ApplieWmand responses toquatioos faces Uresma and its employees. Umesw shall pay to Uceosce the Training Fee as detailed on Amchmcat A pdarto the Ap een if T of mYtmioing s aompeaatim w Iiecamr's wiring 33L In t Upon impletion of tib agreed upon wtha l in& U h in that AgremmG if licenscebegaves tlm[ tae mining ens te any ray deficient. in tam of emtm% aonpe, on time devoted to Lha traldng Ucesex shall notify Licensor In writing specifying the dean, of my deficiency. Fanme of the 11-- to submit written notice of my de8deacYvrithin sixty (60) caladardawaaa them®kdmcarthe Wniea �nn. -in M hm.....,w.,.»w.,ar..........v.,.-.._m..,... ,...x.e.-......-1. 0ODYSSEYWARE" S. LICENSEE WARRANTIES AND REPRESSENTATION& Licensed warrants and rep¢tmn that A. Licensee has the Ing right mmterhuo this Apermml adnopam of thisAgreemmt coofgae with oro contrary to my other agermmts aobhgetlou hlydmg a applinbb m Liraases It. LICENSER SHALL PROMPTLY AND COWLM13LY INSTALL, USE, TEST AND INSPECTTRE. APPLICATIONTO BNSURBTHATTHBAPPLICATIONCONFORMSW[THTRBMUWMAENTOFTIOSAGREBNM fINALLMATFRNL RESPF.CIS AND LICENSEE SHALL PROMPTLY LY ADVISE LICENSOR IN WRITING IF THE APPLICATION DOES NOT MEET THE RP.QUIREMEN TS OF THIS AMEMEN'IOR THE EXPECTATIONS OFTHC LICENSER WITHIN ONE HUNDRED AND TWENTY (120) DAYS FROM THIN DATE THAT ACCESS TOTHR APPLICATION S PIRSTORANTED 70 LICENSEE. e, Licensed shall only utlim the Application, u oaprraaly provided for hands. d Liceamd shall nor m my wt m citing erfail w do my as athing.orinowiaglypenult a allow any otherpaam err wily to do my son or thing or fail m do MY Wt Or tbing, thM will harm or dlMinnh Liamars rights in and to the Appliadm including. without Racket oo, the copyrights thereat. e. Licensee acknowledges and agrees that there will he dares during which Licensee will not be able m anced the AppReWim and/or areaewthe AppUadmmaybe Iimkderr Un Ptd.IlceecewillnotdeemanymchintmWd=thekofno eveiftach interruption or lack ofaceas omra thumg Licence's sclwol Mme a ela,am, in be aMNerist brach of this Agtesmest. f. Licensed shall sol nos Pan®- OF Wow any other Patsy m,Mvc[W engineer or otheraim malyM reconstruct. dlnasemble,or reproduce any Portion of the Application In my wary. g. Lioeaee-bail furnish Ali computer sod ndwork hardware and software wlth adequate system caaflgaruian and mnlninpanaw opnaw the Applicmfm. h. Llcarce shall nor Mabe mples of omdism'6ata ad,Pemhit MY use of the Application, a my wtacemal property related mavaa and Head sed buebY. oma mm u spedfia0y mthodred he ion 9. CUSTOMLTATION TOOL Llmneee acknowledged desk Licensor may pmvlde Lieen— with uses to an application Wowing far the creation, modiEudoo. sus de)esionofportlms of thc Appliadm and W rdmd cardmium ('+Chnomlmdm Tool). Liemsee shell int use, rarpermn its stagteachers, msmdaa to use, the Cu+om+=+on Tool m added my mg¢ alz which)nfiorp any poprkury rights of my party w deAmu. slurdm, ceRbeL anY PertY• m mYeontmt cut Ucmaordaana w in sats dismtlon m b<hasmml, maatmin8, aonwdal deGmumy, lnhmgmg, violates law of the Uo,hmdules oimyoduofprivaayerpabddtyrig[hr4 hotei4l«nda0y, ethaicaily, or otberwix objectiosabiq or othaaiee Hoofer any aw ofthe Un)bd Situ or myather appgablejvrisdiai=. 10. TECHNICAL SUPPORT AND OPERABLLT'Y. A. Liceuar shell Provide Licensee with technical rapport for the Applin,tionmbjectw Licasce's payment in fail of any and all balanced due mljcemr. Licesaahan not be obligated an provide mytochoial soppal f"MY subsequent version, of the AppEudm oe hacdiHeddou thanmi. b. The following Issued menot=vetd by License, technical mppne mdamyd••m sLM L Network issues including but not)aaittd to Intern- serHa pmvidem, ongm iavim pwvlders spywarc. vimsed pWw'are, multycsmraan adow, ar. E. Hardware Issued lnclodingbut eot Rmlted w switched, hubs modems, rouaeq firewalls, comptaae, em. iii. hifruhuctmeimus including but notheaktd m power. elemiral, abbe fw=dt damordm, and. N. Issues not relatd to the Application Including bar dot Bulled m dlifialded with third Party saRwere or my other isuvs which art, net mud by orrelated m the Appliatim u de entalud by Uaamr In IIeeuor'a ace discretion. a Uceomrob4natbamsponsiblefornyacdw"biudmbyLkInmU9 muysnrlma n"amtmMiajmppm mmm Idmdficd iaPaegaph 10(b) any otba mbjmt menta outside the empn of ma achdal wppm Fmidcd by U, ponumt m this Agroemenl. ' 11. DISCLAIMER. n LLcrosm does tont Sn,naue the operability of the AppEanion with all operating eyeumsorsafiaam. Licensor is not responsible nor shell Licensor be uncountable lceany bardaare hilum, ope>uw8 syamn m sokwarocop0iq, aervorm aocudty issue, way other condition the ility of the h. THE APPLICATION PROVIDED "AS 1S^, Application ALL FATS AND WITHOUT WARRANTY OF ANY KIND, [jCPNSOR HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICATION, EITHER BXPRPSS. IMPLIED. OR STATUTORY. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY. OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY. OFQUIET ENJOYMENT. AND NON -INFRINGEMENT OFTHIRD PARTY RIGHTS. C. LICENSOR DOES NOT WARRANT,GUARANTEE. OR MAKE ANY REPRESWITATIONS THATTHE CONTENT IS ACCURATE, RELIABLB, OR CORRECT OR THAT IT WILL LHHT LiCEISEVS NEEDS OR REQUIREMI S, THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. OR THAT THE CONTENT S FREE OF VIRUSES OR ODiRR HARMFUL COMPONENTS. IL Lioeeta a soma the miles Ask u m me quality, reuin, and peRmmeaa of the Application as well m me=tire risk and cost of all dewire, repair. or con rcdoa. No oral a writt=infamatlo4 advice, wggedtiom, m rommmeddtions Stven by LieendM, W repramtativM deafen, distributor, agents, or empioyces shad ewe a weeranry, or in my way ideram the Mope of this Agreement mciLjaNte maY rwt only m any inch btosmetiop, dvioe, mggatlon,, or remmmendetlau. C LICENSOR HEREBY DISCLAIMS FOR ALL PURPOSES AND IN ALLCIRCUMSTANC19S ANY RESPONSITIMM OR LIABILITY FOR ANY ACIMONS TAK13N WITH AND ANY MATERIALS CREATED THROUGH THIN USE OF THE 12. TERMINATION. u This Agmrmcat and the Ecease granted herds aha8 WsTainoreupm:(1)the expintimofthe Tweed; CZ) the mamal written ag.etramt of bah pano; ar(3) aDcftdt by a poly u dewdbed w Paragraph l3 hedo. b. Upon termination, Ileac shall ion _.,,,r.,y WY m Lieeeamall amounts due. Aoypm dm amouoa may bcassessed ]scam[ ao&w late fen d Licensor's said discretion. Nordoods of arty tmC whether prorated orabawim aball be due Licmaa following famiamon. Rev. OIROLT Vol. '738 pg. 2S/ aODYSSEYWARE' Upas tamioation. W righa Faunal b llcanee mall lummmaly, immedutey, and ioevoceby revert to Limmr and fieen m incWdingeH of tiMmeb melena and tuna. shall immediatdydlaaatnm all me of dl fateu of the Application. Within thirty (30) days of k®]mdm Licensee than Inevocably and tottery, ddu%a Llaasee's sole cat and expeax, all Application compen enter and mamials. and my and an topics thereof, wit inLionentes possession, in whatever fares then Waring, kdmdmg 1140912110oa aea0101111 a Whether partial .cnmpks, and whether or oast modified a merged into other wft u Within thirty (30) days of the termiaton of the Dosses ground under this Agrsmmt. Masons shall Provide Motors with a written faNmmt made order oath and through personal knowledge spocifying that all Applicatoa campomm, sed mw W- hall beer damorycd ad deleted, kchrdlag the Persod(s) Iespaos@k fa the destruction, and/adeletion, the date(e) as which h was completed, andwdnm notification of said de mmtm ad/or deletion. Ion venta of this Paragraph 12 eball sm-Ave theasoolutm of the Agreement 13. DEFAULT. ADefault of this Agramta[ will be deemed on have account a. A parry Mochas this Agreement and does nen me aid brach within tbwy(30)day, ere, delivery of wines notice from hhe coo- bunching party dandling add breach and ademand to tom; b. LkeoseeMaehes my payment obligation under this Agremmr,for which Ilcmsorprovides written notice of such beach, two(2) timesis a nybarsP(12)momh Petted."bsd nenlfmbmarhm NosecnledwWilnthirty00)day, ofwrh ndice•,a % Lcmaea Wotan Paragraphe(0 avhich shnHlndeemed fa Nparyaa aom<unbkMathpedod. d. Upon. default the non4efult2g party may erect as M,, this Agrammtbym nod** the defaulting put), in writing,E Lkmatc u the defmttMg Puny. Omits may Chat to supmd Lcaaee's access to the Application widtam lmmedistely termivntlng this Agrcemmc 14. ASSIGNSUNT. Ncithaperty, may asdgo this Agrocmm4 or my part thereof, without written petmiaeim ham the ad= party. meW fa the uncondidoal right of Mama to Misr or otherwise mater tbla Agmemmt in my ammo or MY panus or entity acquiring all m a part= of LLmanr's business ktoesu. 15. CONTROLLDNGI.AW. This Agement shall be governed by the lawn of the State of Arir®a andof the United Saks. The parva haft consent and submit in the jmidleti=of Cho federal and some comes is Madcap. County Admma for my litigation DDwA ming my mmuer related m this ABrcmtot. IQ CONTROVERSIES. The Partin agree that mydupuk related in thh Agrammt which ensure be amelved through negotiation betwva the panda shelf banbalmd m medtatl= fano In, than eight(3)bee been and Prodded ova by a mutually agreed upon mediator In Ma doopa Co my. Ariraaa. B the Partin have nen selected a motoagy aimed op= mrmatawithin forty-five (45) after one party ha delivered a written demand fm medictim m the etha, the Putin mall invoke the m,An an proa,dora of theAmedesn Amlwatm Association fa Mdhad= of Commercial Disputes. Theomtuf metheti= shall be home equally by the panda. Any reaching dccld=may include then award of nasmmb onomeys' fact and fora. 17. LEIIITATION OF LIABH.ITY. LICENSOR ITS SUBSIDLARLFS, AFFILIATES, AND ASSIGNS, AND EACH OF THEIR DIRECTORS, OFFICERS. AGENTS, CONTRACTORS, PARTNERS. AND EMPLOYEES. SHALL NOT BE LIABLE TO LICENSE13 OR ANY THR2D PARTY FOR ANY 1NDMECI•, SPECW., CONSEQUENTIAL. OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF FUNDS OR PROPERTY, BUSINESS INTERRUPTION. LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER HARDSHIP, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED 70: THE USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED; UNAUTHORIZED OR ACCIDENTAL ACCESS TO OR ALTERATION OF DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY MATTER RELATING TO THE USE OF THE APPLICATION; AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POMMILITY OF SUCH DAMAGES. LICENSOR'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY LICENSOR FROM LICENSEE. 18. INDEM4M. s. Bad Party data hereby and shall u W tlmn kdemWfy ad hold bassists the other, its offic<rn, diroMM shasholdem agents, independent contractors. and mpioyaa. of=d from my and all masget, claims, damages, cats, judgments, decorm lama• apmta (including reasonable mamayt• ten ad mart moa), peddma demands. nmwtaa and eaaea ofadon, whether or nen pouellas, of my kind ornvmm wbitmevabyreasan oC bred upon, slating to, or whing out of a breechW claim of breach far failure of my afthe envenma, agammk, repammtlma awaemntict Il hu mete hamnda a by sae=or our Claims. soma a procan ings aurid m instituted, relating in a asking sot efmy such bream or &Dan or conduct or actWysaulting In •brash a Wim of breach. All righu and r mdle, &W be cumulative end shall ser Worfm with orprevent &a exercke ofmy aha right armody wkkh may be available. b. Upon nota by theindmniGd party in the lodmrzd (ng party of my each claim the W=aifyieg Puy spm in adjust, eeul%a defend the same at ire aolecaa. If the kdmdfyine PMYahan fail to promptly do an, the indeam(Bd party "have the right and tea baebymtLoored and empowmd m appeer by Iso avomeys le anyanch eaten, demand, a satin m tdjoef, rattle, ctmptamtite, lamnmy s,sstiat; dus kWemtftg pamyoma mtiehmaat:th adarirmhfatherar all mob payments demand,. aWoa k my such rue, the kd®RYing patty mall faHy rdmbone the i,..r.m,.:n.d pay fa all ouch prymenk and eapmsa, kehding sosoabk meamays' fm, withinthirty(30) days. Ithe indemnifying; parry"GB m so rei.... the iodmdfiedpatty than, without waiving Iterighu to otherwise enface each reladowco mt, the indmoi4d parry shall have the right= dedoa the same amountofauricpayokmsandeape mmypathereoffrommyanentaeauingunder sols Agreementkafa the ataormtefthe indemnifying Perry. 19. SEVERABILITY. E my provision of malt Agement is found to be void.Invalid. a onmfmceabl% such provision, mall be deemed seveml and this Agsaaent with mrh provlafun aerated mall remain in fan fora and e8ot to the exten,pamlacd by Lw. 20. WAIVER No ramorproWekn hateofshsnbedemem waived adua breach excused unless such waiver actuator mall be inwriting alpmel and dud by the pay chimed in have waived ercuosenvd. A wdverby either partyofmy tam acendNm of this Agmemert in any iakoao shaHmt be dord or foamed n a waiver otsub earn orcandid=fathe fame% or of mymbsegmme breach thereof• nor a permanent modifiatim oftah Rev. WWII 3 a- z I y((,F Vol. ,i :3K _ Pg._�j aODYSSEYWARE' pmvisimorof this Agremrnc All of the party's rigbn, optima and remedies in this Agmmment Bhdi bo cnanWstive and none dNem ehaH be te Hmimtlm of my other remedy, opdm, or right rvemeble mthea a- 21. ENTIRE AGRE@ffiiT.M&AgmmetedaamrdUuydoeomeon,anaebm mnotlo-s, mothamsteislsexpmWYlneorpmstodbadn by . mfamre ennvtiwe the mtire agcrew barroom Ibepumes haao relWng m the mpaade as pr>a mdamudlogs, to the hereto are this a ieerace. by modification, thepuma waiver, m the sabJea tWptrhee(. Any etmchmeon L�ebminerpontad iom this Ageemeat by thbnderem No modiliCadaa ameodmeot salve; te=iude, m diaahmgs of any proviaim bored 911+11 be bindiog opoo the parties toilers, confirmed in vritmg and executed by both parties. 22. BEADINGS, The headings of the paragraphs hecla am imbed for cooveience in refamee only Md iso not lutmded by the puma m be pan of Or to affect the memingor imorpatmim of this Ageemmt. 23. COUNSEL Each party, dnoo,lelges that it hue bad time and appwmniry mrevlev the faegoiog and oMain coovsel oflu cbote and advice as domed neea9ery c deeixa6le IN V177700 WHEREOF, the parties Dano have executed this Agreement to be effecdva a of the data feat rmod above. SCH L: Htaro ~"t' ]avenae3 as dlvislon of Glynlyone Inc By: Ronald L. Halvorson Its: Chief Financial Officer ATTACHMENT "A" OdysaeyWate Online License and Content Spedflcations 7 ODYSSEYWAREm License SpoeHleaaons Sehool Name: Brazos Coumv Juvenke Services Contact Name: 09vis Body Title: Superintendent Addresa:1804 W. h%W 21 City: Bryan Stale: TX Zb: 77803 Phone: 8784f23.T944 A8. Phone: Fax 0794464824 E M: OhUftwbnazcs.bLw Cement Bpecill"Hans Software Verson: 2.0 0 nonaarrent Use License(s) 13 &Cath 0 Per Coupe Per SWdeM IJcenee Fee Calculation 10 Numberof licensee $ $1:000 Price per Limnee $ $19.000 Totes far Licensee $ ECaeh $ Trebing Packages $ Training Modules $ $2.485 OItw1Mltc. $ $20,495 TOTAL FEES AdCL licensee may be added for: $1,000 WW�iikir?e liM 1ION, 113-7r Profnabnal Dwelopment & Training Option ❑ Expedite Fee (OnSiie Only) Training Packages 0 BRONZEA 13 BRONZE B 11 SILVERA 11 SILVER B El SILVER 13 GOLD A 0 GOLD B 0 PLATINUM Training Module ❑ Webinar ❑ OnShe OdyeseyWara, Inc, A o Ina. Signature: Printed Name: Rcey Namt Title: Cantract Administration De1e: 11 / 2 ZL j j Contraetegective 00/01/11 !trough 0813111 . 2011 OW 1.0 RENEWAL CONVERSION TO OW 2.0 LICENSES AND ONSITE MIGRATION TRAINING BRAZOS COUNTY HUMAN RESOURCES DEPARTMENT 200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803 PHONE (979) 361-4114 FAX (979) 823-6993 MEMORANDUM Date: August 11, 2016 To: Commissioners Court ;`r Prom: Jennifer Salazar HR Director Subject: Update to Section 4.05.3: Policy on Work Schedule and Workweek Please consider and take action on the following: Update to Section 4.05.3: Policy on Work Schedule and Workweek Current: The need for schedules that vary from the normal schedule shall be determined by each department head. Revised: Short-term modifications to an employee's normal work schedule as defined in Section 4.05 above may be approved at the discretion of the Department Head. Any significant modifications to an employee's work schedule must be considered by the Commissioners Court. Extended periods of working off-site or telecommuting must also have prior consideration from the Commissioners Court. Thank you. Duane AP Peters Date County Judge vC)l. _ c� 3� P A Law Enforcement Liability Current Law Enforcement Liability Deductible: 510,000 To make changes to your current Law Enforcement Liability coverage, please complete the section below: Coverage Currently Included Add to Coverage Rejectg from Current Limit Change Limit Limit Options Included Covera Coverage j Limit 41 ❑ $2,000,000 Law Enforcement❑✓ 52,000,000 ❑ ❑ 53,000,000 Liability ❑ 52,000,000 7)❑ t--Fr0_to5� khan � L cn Z District Judge ❑✓ ❑ ❑ Reject Reject District Judge Additional ❑ Punitive Damage ❑✓ Reject ❑ 51,000,000 per ClaiM Additional Punitive - Increased Limits 1351,000,000 Reject 51,000,000 Aggregate Damage- (51,000,000) per Cluing Increased Limits Gi Public Officials Liability Current Public Officials Liability Deductibte: $10,000 To make changes to your current Public Officials coverage, please complete the section below: Coverage Currently Add toga Reject Reject frorre Cunt Limit Change I Limit Options Included Covera Coverage j Limit 41 ❑ 52,000,000 Public Officials S3,0,00,000 �t- Llability ❑ 52,000,000 7)❑ L �rupo5� khan � District Attorney ❑ Reject District Judge ❑✓ ❑ Reject Additional Punitive 1351,000,000 Damage- per Cluing Increased Limits Reject 51,000,000 Aggregate ($1,000.000) E VoE'cl.f_ Pg.—as� SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1770445 This contract is executed between the Office of the Attorney General (OAG) and Brazos County (GRANTEE) for certain grant funds. The Office of the Attorney General and Brazos County may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to assist Texas counties and other entities in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To ensure a standard statewide service to all interested entities, including GRANTEE, the OAG makes grant funds available for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SAVNS services to the GRANTEE. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 15, 2013. After an evaluation of offers, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial term of the Vendor Certification is from September 1, 2013 to August 31, 2015. The OAG exercised its option and extended the term until August 31, 2017. The Vendor Certification includes the offer to perform the "Requested Scope of Services—Statement of Work Requirements and Terms and Conditions Applicable to the Vendor Certification" as well as the Pricing Model as provided in the BAFO. The vendor certified to provide the services is Appriss, Inc., ("Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. TERM OF THE CONTRACT This contract shall begin on September 1, 2016 and shall terminate August 31, 2017, unless it is terminated earlier in accordance with Section 6 of this contract. SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the OAG Vendor Certification documents. The Services Agreement will include terms and conditions that SAVNS Contract - FY 2017 Page 1 of 18 Vcl. �✓�� _ Pg._�Sy� are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the OAG Vendor Certification documents. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan." The Maintenance Plan, at a minimum, will be designed to accomplish the following. make available offender information that is timely, accurate and relevant to support the SAVNS services; verify the Certified Vendors performance according to Services Agreement; satisfactorily discharge GRANTEE's obligations as described in the Services Agreement; and identify and dedicate GRANTEE staff, resources and equipment necessary to maintain the SAVNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. GRANTEE will execute a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor, for the term of this contract. GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. GRANTEE will allow on-site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholder meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third -parties to assist the CAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendors performances. 3.5 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the "Scope of Services". As a condition of reimbursement, GRANTEE agrees to faithfully, timely, and in a good and workman -like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SECTION 4. GRANTEE's OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to SAVNS Contract - FY 2017 Page 2 of 18 forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE Shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information maybe required as requested by the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change ofthe following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with an original signature of someone with authority to act on behalf of GRANTEE. To change Grant Contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by an Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include but is not limited to the following: accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems. The systems must include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and £mancial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5 Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, rules or regulations. This provision shall not be construed as limiting the OAG's access to Stich SAVNS Contract - FY 2017 Page 3 of 18 �g. __�2s j C_ _� records and other information 4.1.6 Public Information Act. GRANTEE acknowledges that information, documents, and communications created or exchanged in the provision of services required by this contract may be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and may be subject to required disclosure in a publicly -accessible format pursuant to Section 2252.907 of the Texas Government Code. 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports, in the appropriate format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG on the quarterly statistical report for any year-to-date performance that varies from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self -evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log" that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, steps taken to resolve the problem and when the problem was resolved. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Requests for Reimbursement. REFER TO SECTION 4.3.5. FOR MORE INFORMATION ON REIMBURSEMENT RIGHTS AND PROCESSES - GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. OAG grant funds are paid on a SAVNS Contract - FY 2017 Page 4 of 18 17 Vol. �5 Pg.. cost reimbursement basis. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2016, GRANTEE will submit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit B (Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit The timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. Unless, otherwise noted on Exhibit B (Special Conditions), GRANTEE will contract with an independent CPA firm to perform an annual financial audit engagement. If applicable, GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of 2 CFR Part 200 titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Assignment Of Rights Of Payment And Reimbursement Details. THE FOLLOWING PROVISIONS SPECIFICALLY APPLY TO THIS CONTRACT: a. GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE ander this contract. GRANTEE EXPRESSLY ASSIGNS ANY AND ALL RIGHTS OF PAYMENT UNDER THIS CONTRACT TO THE CERTIFIED VENDOR. b. The Certified Vendor will send its "Service Agreement Renewal Notice" (or other similar document) and invoice (either annually or quarterly which detail the amount due SAVNS Contract - FY 2017 Page 5 of 18 for each quarter) to GRANTEE by September 1, 2016. The Certified Vendor will notify the OAG within twenty (20) days of the notices being sent that they were sent. C. GRANTEE shall submit an invoice to the OAG for the prior quarter by the fifth (5th) of the next month following the end of each quarter. The quarters for FY2017 end on November 30, February 28, May 31, and August 31. GRANTEE shall include verification with its invoice to the OAG stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter. d. The OAG will forward to the Certified Vendor the payments due to the GRANTEE from the OAG for services provided by the Certified Vendor as required by this contract. e. The OAG will only pay a quarterly reimbursement payment in arrears after verification from the GRANTEE that services from the Certified Vendor were provided. f. The OAG will process and forward payments to the Certified Vendor each quarter during FY2017 for invoices received from the GRANTEE that include the appropriate verification along with its invoice. The quarterly payment will be made for invoices received by the OAG by the fifth (5th) day of the month following the end of the quarter, as defined above. The payment will be generated no later than the thirtieth (30th) day after the fifth (5th) day of the month following the end of the quarter, as defined above. If an invoice is submitted after the fifth (5th) day of the month following the end of the quarter, the invoice may not be paid until the next quarter, as defined above. The OAG will follow up at least once with any GRANTEE that has not returned its paperwork by the designated deadline for any quarter. The OAG will contact the GRANTEE by the tenth (10th) day of the next month following the end of each quarter. g. If the GRANTEE does not submit the required invoice and verification prior to the quarterly deadline defined above, the OAG will process payment in accordance with Section 4.3.5(f). h. If GRANTEE does not submit the required invoice and verification to the OAG within forty-five (45) days of the next month following the end of any quarter, the OAG will determine what steps will be taken next, including placing the grant contract on financial hold or terminating the grant contract. If an OAG grant contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The OAG will not be responsible for collection efforts on behalf of the Certified Vendor. 4.3.6 Close Out Invoice GRANTEE shall submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year. SAVNS Contract - FY 2017 Page 6 of 18 f VOL pg.,z 4.3.7 Refunds and Deductions. If the OAG determines that an overpayment of grant funds under this contract has occurred, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the OAG may seek a refund from GRANTEE and/or the Certified Vendor. The OAG may offset and deduct the amount of the overpayment from any amount due to be paid, but not yet paid by the OAG under this contract. The OAG may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct a specified amount. GRANTEE and/or the Certified Vendor shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment, which shall be available to the OAG at all times upon request, however, as between the OAG and Grantee title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds under this contract so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5. OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. 5.3 Payment of Authorized Costs. In accordance with the terms of this contract, the OAG will pay costs pursuant to this contract. The OAG is not obligated to pay unauthorized costs. SAVNS Contract - FY 2017 Page 7 of 18 �'ol._ Pq. �� 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, unless a written amendment to this contract if first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the CAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract, without recourse, liability or penalty, upon thirty (30) calendar days notice to the other Party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties —from any liability or obligation set forth in this contract that is expressly stated to survive any such - - termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7, 11 and 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this contract is accomplished, then the OAG may require the GRANTEE and/or the Certified Vendor to refund SAVNS Contact - FY 2017 Page 8 of 18 7 `/ol. - d --Y Pg. gL'x- all or some of the grant funds paid under this contract, for the funds representing the number of months of SAVNS services previously invoiced and paid by the OAG under this contract. 6.5 Notices to Certified Vendor. Any termination of this contract will also be forwarded by the terminating party to the Certified Vendor. SECTION 7. AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract or documents are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursement. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, —and any other -items relevant to -the performance of this contract, compliance with applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving funds directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor(s) that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the SAVNS Contract - FY 2017 Page 9 of 18 J, OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office -related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION & SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web -based data collection method. 8.1 Programmatic Reports, Notices and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, and any other reports, notices or information, except financial reports specified below, must be submitted via email to: OAG-Grants@texasattomeygeneral.gov If requested or approved by the OAG, other programmatic reports may be submitted to: SAVNS Contract - FY 2017 Page 10 of 18 f \ir_ �J� pg. �� Program Manager– Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager– Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@texasattomeygencral.gov SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies in GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase of monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State.----- — 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on fmancial hold. SAVNS Contract - FY 2017 Page 11 of 18 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, Code of Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, 2 CFR Part 200, and any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS). Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as contained in the Application Kit, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non -procurement debarment certification, drug-free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS and the applicable 2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE and agreed to by the OAG, in advance. GRANTEE shall follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. SAVNS Contract - FY 2017 Page 12 of 18 iL--- - ---� GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts and federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions or performance under this contract, including, but not limited to, the use of automobiles or other -transportation by -its owners, incorporators, officers, directors, employees, volunteers or any third parties. To the extent allowed by law, GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE OR GRANTEE's contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this SAVNS Contract - FY 2017 Page 13 of 18 contract. 11.2 Publicity. GRANTEE shalt not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty - free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted an unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a proj ect or activity performed under this contract is considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. OTHER THAN AS SPECIFICALLY ALLOWED IN THIS CONTRACT IN THAT GRANTEE UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS TO THE CERTIFIED VENDOR, GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. SAVNS Contract - FY 2017 Page 14 of 18 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.11 U.S. Department of Homeland Security's E -Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security's E -Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be wotking on any matter covered by this agreement. 11.12 Special Conditions. Exhibit B is attached and incorporated herein, and applicable to this contract. If any Special Conditions are imposed by the OAG, those provisions will be reflected on the attached Exhibit B. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including All Exhibits. This contract, including all exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties related to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. SAVNS Contract - FY 2017 Page 15 of 18 t gym. pq.._?/_� 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that parry's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL Printed Name: Office of the Attorney General SAVNS Contract - FY 2017 Page 16 of 18 BRAZOSCOUNTY Printed Name: �Authorized Officiae (1►7 SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY EXHIBIT A Population Size: Large OAG Contract No. 1770445 The total liability of the OAG for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed the following: AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Contract - FY 2017 Page 17 of 18 Pg, 73 i Maximum Total Grant Funds Event Cost for Jail Cost for Courts Number of SHALL NOT Months EXCEED Standard Maintenance $23,765.16 $3,950.16 12 $27,715.32 Phase AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Contract - FY 2017 Page 17 of 18 Pg, 73 i SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1770445 EXHIBIT B SPECIAL CONDITIONS Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special Conditions, if any, listed in this Exhibit are met. The following Special Conditions apply to this contract: • None SAVNS Contract - FY 2017 Page 18 of 18 —1 Vol.=o� �� Pg. ---f?7v Al Texas Dept. of Family Budget for Title IV -E Form 2030CWIVE and Protect've Services County Child Welfare Services Contract Summary County: Brazos Contract Number: 23940058 Budget Effective Date: 1011/2016.913012017 Estimated Total TotalAnticipated Total Anticipated Cost Category Expenses Federal County Allocable to Reimbursement Match Title IV -E A. Administration A.1. Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.A. Direct Materials and Supplies $0.00 $0.00 $0.00 A.S. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $200.00 $30.77 $169.23 Total Administration $200.00 $30.77 $169.23 B. Training B.I. Title IV -E Training 75% $4,300.00 $992.30 $3,307.70 B.2. Title IV -E Fostering Connections Training 75% $0.00 $0.00 $0.00 8.3. Non -Title IV -E Training 50% $0.00 $0.00 $0.00 Total Training $4,300.00 $992.30 $3,307.70 C. Supplemental Foster Care Maintenance (SFCM) Total SFCM $23,800.00 $13,370.84 $10,429.16 D. Indirect Costs (if applicable) Indirect Cost Basel $0.00 $0.001 $0.00 Grand Total $26,300.00 $14,393.91 $13,906.09 "Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) during 3rd 30.769% quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. ` Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses based on 56.18% Federal Medicaid Assistance Percentage (FMAP) rate in effect during preceding fiscal year: Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. 44.690% Indirect Cost Rate, if applicable (attach a copy of the approved Certificate of Indirect Costs): Contractor Certification Q Signature Date Duane Peters, County Judge Printed Name & Title Texas Dept. of Family Budget for Title IV -E Form 2030CWIVE and Protective Services County Child Welfare Services Contract Administration A.6. Direct Other Costs County: Brazos Contract Number: 23940058 Budget Effective Date: 10/112016-9130/2017 Anticipated, Federal Other Costs Estimated Reimbursement Anticipated County (description) Total Expense' (estimated EPR Match x50% FFP) Birth Certificates $200.00 $30.77 $169.23 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costs $200.00 $30.771 $169.23 ` estimated total cost for Title IV -E related activities Note Please refertQ Talc IV E Finance I kindbook l d t 'I •d in faMation reLardi;io allm, abledocttmentatwn requirements. etc. h1[0'/hvww dins state lr us/L�odbnnksfritle IVE Coumv/defaulL'ro b r)1. pg._ �O I v C O U ;u Vol. pg 7 �. W m m 0 0 0 0 0 0 0 m ro o 0 0 0 0 O r L6 0 0 0 0 0 0 � fA t9 to � to N! 0 M c tm0 O C � fA fA Q U m O O O O O O O o Ci LL E m E E v n._r u •v u x Q 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 v d 0 0 0 0 0 0 0 0 0 q � C O 00 t9 f9 W to to to O n H F rj lfi x W w � N O N v _ o v a E o i E G w m 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o x 0 0 0 0 0 0 0 N j LL � o v 9 0 0 G or r o o e � cn •C � O O � � o' r q. f ti E m m G O O N v ° N LL f(] YI N M i m O F vm O O o� m o V) O O in M p a s W v O O r � d m E O O y d a p o m w o c € 0 W m v o v E o _ EQ U m d W U U c c E E N v m C W lL Q U N 1 m E _0 _)_>_---_ _r, Z U W Vol. pg 7 �. W m Texas Dept. of Family Budget for Title ME Form 2030CWIVE and Protective Services County Child Welfare Services Contract C. Supplemental Foster Care Maintenance (SFCM) County: Brazos Contract Number., 23940058 Budget Effective Date: 10/112016-9/30/2017 Other Costs (description) Estimated Total Expense' Reimbursement Anticipated Federal (estimated FMAP) Anticipated County _ Match Allowances $0.00 $0.00 Clothing $22,000.00 $12,359.60 $9640.40 Gifts $250.001 $140.45 $109.55 Graduation Expenses $500.00 $280.90 $219.10 Personal Items $500.00 $280.90 $219.10 School Supplies $300.00 $168.54 $131.46 Reasonable Child Specific Travel $250.00 $140.45 $109.55 Total Direct Other Costs $23,800.00 $13,370.84 $10,429.16 . estimated total cost for Title IV -E related activities N.[N.w PI fer to I'11 IV -E Finimcc H dM k f d t iled ipformition reardiEallowable expensm dor'm M.fl .'=i emems do htt i/ "df i t c s/h db kcl l'"tl IVF C tv/d f it ifn Vol. ✓� F'g.� p Texas Dept. of Family Budget for Title IV -E and Protective Services County Child Welfare Services Contract Budget Narrative Form 2030CVVIVE Contract Number: 23940058 Budget Effective Date: 10/112016-9/30(2017 Administration Birth Certificates for IV -E eligible children Training Against Children Confernce and Local Every Victim Every Time Crime Victim comf for DFPS staff C. Supplemental Foster Care Maintenance (SFCM) Allowable expenses directly related to the IV -E eligible children to include clothing, personal items, school items, day care, or travel for children Indirect Costs (if applicable) Vol. Texas Dept. of Family Budget for Title IV -E Farm 2030CLIVE and Protective Services County Legal Services Contract Summary County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2016-9/30/2017 Estimated Total Total Anticipated Total Anticipated Cost Category Expenses Federal County Allocable to Reimbursement* Match - Title IV -E A. Administration A.1. Direct Personnel Salaries $177,468.00 $27,302.56 $150,165.44 A.2. Direct Personnel Fringe Benefits $74,124.30 $11,403.65 $62,720.65 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.S. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $13,600.00 $630.76 $12,969.24 Total Administration $265,192.30 $39,336.98 $225,855.32 B. Training B.1. Title ME Training 75% $4,850.00 $1,119.22 $3,730.78 13.2. Title ME Fostering Connections Training 75% $0.00 $0.00 $0.00 8.3. Non -Title ME Training 50% $0.00 $0.00 $0.00 Total Training $4,850.00 $1,119.22 $3,730.78 C. Indirect Costs (if applicable) Total Indirect Costsl $0.00 $0.00 $0.00 Grand Total $270,042.30 $40,456.20 $229,586.10 *Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) during 30.769% 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. 44.690% Indirect Cost Rate, if applicable (attach a copy of the approved Certificate of Indirect Costs): Contractor Certification Signature Date Duane Peters, County Judge Printed Name & Title o m Vol. F�cg. S7) I It r`ri rn 0 0 0 c ° 0 L N m Lo _ Cd O LL d m w m m LO 6 � b9 V1 R U9, u c ¢ (D m co O O O O m O w(p O O O 0 wEW o Va M E y f� {LfA12 (A N� a a E N U Y N X c 0 0 0 0 0 0 0 m ro v 06 o 6 6 06 m N O ER EA N3 co d x m G ffY Vi Efl r E X ¢ E W N W N d YI 'C (p d oO N U C m N N C E 0 (0 C N O y 2 ? d N_ YO N N M C N O C d O °� `o a v to .N •O U m <h O C W d Q N� N 0 :. O O O W ¢ O O O �- E - p r rw Q o� « a FO - t' Y 7i C O O N O O O O 4)Q O r0 U Z L O V m U C OJ m m O fR fR 64 w W O y U ti� 3 m m (a v �= ali ami o d (1) > > o V @ (` N O N N M QO ;� C .E E a m Q Q W N [0 w N N Vol. F�cg. S7) I Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Prolective services County Legal Services Contract Administration A.2. Direct Personnel Fringe Benefits County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2016-9/3012017 Type of Fringe Benefits Estimated Total Expense' Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match FICA 7.65% 177,468/12 = 14,789 $13,576.30 $2,088.65 $11,487.66 Workers Cam - 0.3192% $566.48 $87.15 $479.33 Retirement 14% $24,845.52 $3,822.36 $21,023.16 Medical Insurance $11,712! erson/annual $35,136.00 $5,405.50 $29,730.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Personnel Fringe Benefits $74,124.30 $11,403.65 $62,720.65 'estimated total cost for Title IV -E related activities Mote: Please refer to Title lV-E Finance Handbook for detailed information regarding allowable expenses documentation requirements etc htto'//Nvww.dfps state tx us/handbooks/Title IVE County/default.iso Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective services County Legal Services Contract Administration A.6. Direct Other Costs County: Brazos Contract Number., 23940059 Budget Effective Date: 1011/2016-913012017 Other Costs (description) _ Estimated Total Expense'. Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match Court reporter transcriis $2,000.00 $307.69 $1,692.31 Citation of Publications $500.00 $76.92 $423.08 Publications based on library ex s divided among 16 at $1,000.00 $153.85 $846.16 Commercial Copying $300.00 $46.15 $253.85 Expert Witnesses $300.00 $46.15 $253.85 Interpretinq $2,000.00 $307.69 $1,692.31 Mediation Fees $7,500.00 $1,153.84 $6,346.16 Total Direct Other Costsl $13,600.001 $630.761 $11,507.71 "estimated total cost for Title ME related activities Note: Please refer to Title I V -E Finance Handbook for detailed information re�ardine allowable expenses documentation requirements. etc http://www.dfps.state.tx.uslhan(lbooks/Title IVE County/default.isn A _._w__-. Vol. pg ��/ n 0) OOZ aV m Om m 0 0 0 a 0 0 p N O_ N V n of c 0 Q U m n N O O O O O N — N O W O O O O O N y m m 6 0 0 0 O O OI .- d a @ d ° vi n a a E V 'd C Q a 0 0 0 0 0 0 0 0 0 d d n O 0 f9 fA f9 N3 4'1 W 11111 EA •R U� fA O W m d _ $ o ° _ L N Z W c O O O O O 0 0 0 O O O O O O O O i0 � V � O O O O O O 0 0 O O IP FA fA Uf f9 fA a o 0 o m o 0 0 o c LL O O O C N o a ,-, '° M rn ti °2 m C a q d LL =o ~ n ~ C E i F E i o F- W A m o 3 0 0 0 u d ECd f9 f9 0 N O `m 0 0 0 d R O fo ° 1] X 00 0 m A O 0 M oany E o = F cy n E N 0 o L S �a ; E p o c o o In o 0 a 2 'u u N K G m 0 w W m C mn ° E c LL G d 4 W > v U N � U V O o ¢ m U a c ° 0 E Q z U 4 Z _._w__-. Vol. pg ��/ Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services County Legal Services Contract Budget Narrative County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2016-913012017 Clearly describe each expense to be incurred and billed to this contract including justification for expense Refer to Title IV -E Finance Handbook for detailed information re^ardin^ allowable expenses documentation requirements etc httu'/hvww dfos s A. Administration A.1. Direct Personnel Salaries Salary expense for all personnel directly working on cases related to Title IV -E Children allocated by time A.2. Direct Personnel Fringe Benefits Salary expense for all personnel directly working on cases related to Title IV -E Children allocated by time A.3. Direct Personnel Travel A.4. Direct Materials and Supplies A.S. Direct Equipment A.6. Direct Other Costs Court cost expenses directly related to Title IV -E children cases B. Training B.I. Title IV -E Training (75%) Conferences directly related to parent/child/family law 6.2. Title IV -E Fostering Connections Training (75%) B.3. Non -Title IV -E Training (50%) C. Indirect Costs (if applicable) vol. �ZJ?� Pg. ;5 22 CONTRACT NO. JUV2017-16 FOR FOR RESIDENTIAL SERVICES STATE OF TEXAS COUNTY OF CAMERON CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT Amador R. Rodriguez Juvenile Boot Camp and Educational Center Perm: September 1, 2016 — August 31, 2017 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation" and the Cameron County Juvenile Justice Department a governmental entity licensed to provide child care services by the Texas Juvenile Justice Department ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Brazos County Juvenile Probation with residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 2330 W. Highway 77, San Benito, Texas 78586. The business office address of the Service Provider is P.O. Box 1690, San Benito Texas 78586. All notices to Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W. SH21, Bryan Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. ARTICLE II TERM 2.01 The term of this Agreement is for twelve months, commencing September 1, 2016 and ending August 31, 2017. It shall be automatically renewed for one year terms thereafter, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term of its intention not to renew this agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Brazos County and are pending on the termination date in section 2.01 above, have been performed. Under this agreement, Brazos County Juvenile Probation Department may refer juveniles in need of the Ninety (90) day Pride Attitude and Motivation Program (PAM) or the standard one -hundred eighty day (180) program. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: Vol. 02 1;7_. Pg.. �� Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 A. Basic Level 1. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every -day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or 2. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level 1. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or 2. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff, and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Juvenile Probation Officer within ten (10) working days. C. Ensure that the child's parent(s) or legal guardian(s), and Juvenile Probation, and specifically the Juvenile Probation Officer are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious Page -2 -of -18--- Vol. a�� Pg. Amador R. Rodriguez Boot Camp September 1, 2016— August 31, 2017 accident. The Juvenile Probation Officer and parents will be informed immediately if during D. working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to the Juvenile Probation Officer a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Juvenile Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mentallbehavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Juvenile Probation Officer with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 appointed conservator, to be paid by either personal payment, health insurance, or Medicaid coverage. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE N EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re -referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. PageA.of_18______ Vol. a jY Fig. �7 y/ Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 2. Percentage of children who have completed placement and not re -referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its fiscal or designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. For services rendered under this agreement, Brazos County Juvenile Probation Department shall pay the sum of Ninety -Five ($95.00) Dollars per day per child for each dayjuveniles are placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Medical: Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center (ARJBCEC) and to pay for emergency examinations, treatments, and hospitalizations in the event the child's medical insurance does not cover the cost. The ARJBCEC shall notify Brazos County Juvenile Probation Department of - -- - any emergency or medical condition requiring medical care within one (1) regular working day of its occurrence. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. Payments shall be made within ten (10) working Page Sof-18 Amador R. Rodriguez Boot Camp September 1, 2016 — August 3I, 2017 days after receipt. Payment shall be made to Cameron County Juvenile Probation Department, P.O. Box 1690, San Benito Texas 78586. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make claims Juvenile Probation. Service Provider regarding any claims of payment. for payment or direct any payment disputes to will not contact other department employees 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview, and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents, or other evidence pertaining to the costs and expenses of this Agreement. Page 6 of 18 voi. �� Pg" ��- Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of seven (7) years, or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, intems, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency (not required for serious incidents); and Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and Page -7 -of 18 Vol. _ ��� _. P9._ Amador R. Rodriguez Boat Camp September 1, 2016—August 31, 2017 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Juvenile Probation at facsimile number 979-823-4211, Attention: Chief Douglas Vance. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll- free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6717 or by email; and C. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979.823- 4211, Attention: Chief Douglas Vance. 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, 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 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, Page 8 of 18 Vol. 2Y . P9,, %� Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 E. physician assistant, licensed nurse practitioner, emergency medical technician, paramedic, or dental. F. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post- adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. G. Ajuvenile 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 orjuvenile board that serves juveniles underjuvenile court jurisdiction crjuvenileboard jurisdiction. The term includes ajuvenilejustice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and ajuvenile probation department. ARTICLE VIII -A PRISON RAPE ELIMINATION ACT 8-A.01 Service Provider shall adopt and comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provisions of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention and reporting of sexual assault in facilities housing adult and juvenile offenders [PREA § 115.312 (a)]• Under PREA, Service Provider shall make available to the Chief JPO all incident - based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA§ 115.387(e) and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with PREA standards [PREA § 115.312 (b)]. To comply with this standard the Service Provider will make available to the CJPO all incident- based aggregated sexual abuse data within 24 hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§ I 15.389(b)]. Page -9 of --18-- [Vol, �� _, pq, Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 Service Provider will be subject to a Department of Justice PREA audit every three (3) years beginning August 20, 2013. Service Provider shall be solely responsible for paying for a PREA audit as required by its contract with Brazos County. Service Provider shall adopt and comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provisions of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention and reporting of sexual assault in facilities housing adult and juvenile offenders. Under PREA, Service Provider shall make available to the Chief JPO all incident - based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA§I15.387(e) and (f)]. Furthermore, Service Provider shall be responsible for the financial cost associated with any PREA audit. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers, or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that fingerprint -based searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed within two years prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010. 9.02 Service providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Service providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Brazos County with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. Page -10 of 18----- — l Vol, p9 _ _�=SJ 1 Amador R. Rodriguez Boot Camp September 1, 2016—August 31, 2017 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. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; B. A current felony deferred adjudication, probation or parole; C. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; D. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; E. A current jail able misdemeanor deferred adjudication, probation or parole; or F. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.06 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access tojuveniles in ajuvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. ARTICLE X DISCLOSURE OF INFORMATION Page 11 ff Vol. �� p9.. _ - Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 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 unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; C. Any arrest or current criminal indictment of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and/or investigations of abuse, neglect, exploitation, death or other serious incidents involving a juvenile placed by Juvenile Probation in the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in ajuvenile justice facility or juvenile justice program was the alleged or designated perpetrator; F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. Page 12 of 18 - Vol. _o` %�__ P9.- I Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE 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 the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement maybe terminated: - --Page 13 of 18 vii. F'�_ 02-�� E Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 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 anytime during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider, ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII 17.01 It is further agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos' County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; ---Page 14 of 18 Vol. 9 Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carrier to identify Juvenile Probation as a certificate holder on its policy, and will add the Brazos County Juvenile Board as additional insured on its policy; D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact withjuveniles in ajuvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact witbjuveniles in a juvenilejustice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Cameron County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include - Page 15 of -18 2 I Vol. ae— - Pg._%' Gc 4 1 Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by . Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program PIan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation's Policies, and Texas Juvenile Justice Department standards pertinent to services provided under this Agreement. 22.10 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to rVO _Page_16.of.18 a Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 Generally Accepted Accounting Principles (GAAP) in the accounting, repotting, and auditing of such funds. ARTICLE XXIII LEGAL CONSTRUCTION 23.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to 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 XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. ARTICLE XXV AMENDMENTS 25.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Vol. v�� pg.-2� i Amador R. Rodriguez Boot Camp September 1, 2016 — August 31, 2017 ON y I , 20 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE TIAE FULL FORCE AND EFFECT OF AN ORIGINAL. Brazos County Juvenile Probation Dept. 0 Douglas Vance Chief Juvenile Probation Officer K� By: Duane Peters, County Judge Chairman, Brazos County Juvenile Board 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Cameron County Juvenile Justice Dept. By: Tommy Ramirez Chief Juvenile Probation Officer Cameron County Juv. Probation Dem. _ Page 18 of 18 VOL Z5j� . pg. -j°3 TEXAS l ICE �Ju �.: JUVENILE* i DEPARTMENT r• Certificate of Registration Be it known that EDUCATIONAL CENTER 2330 W. BUSINESS HWY 77 SAN BENITO, TEXAS 78586 Is hereby registered as a Post -Adjudication FACILITY Rated Capacity of 32 The aforementioned Juvenile Facility has completed all registration requirements of the Texas Juvenile Justice Department, as required by the Texas Family Code, and is hereby officially registered by the undersigned. Registration is issued this the Ist Day of February 2016 Expiration Date: January 31, 2017 DAVID RE CUTIVE D CTOR TEXAS JUVENILE JUSTICE DEPARTMENT Vol. CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT - AMADOR R. RODRIGUEZ JUVENILE BOOT CAMP & EDUCATIONAL CENTER 'MALES Admitted 69 0 - - 0 FEMALES Admitted 0 0 p .. lav 69 r 61 58 '. 18.20 - 0 0::. 0 ; OVER 20 .'0� 0,,,; O ADMITTED DURING THE 69 =61 5$ . .:. _. YEAR ., . .. . , O DISCHARGED SURING THFVFLR • 48, 48_ 52'-, - TOTAL. . 0 0 - - 0 TOTAL O O. _-:• O SUBSTANTIATED _0` .0,:- 0 . UNSUBSTANTIATED: - 0 O 0 • FOUNDED .'0� O '' ' O .TOTAL O _'' O. SUBSTANTIATED- -10 O O UNSUBSTANTIATED: ' 0 0 FOUNDED• 0 0. _A .TOTAL:',. 0 '0• 0 SUBSTANTIATED: ... OO O UNSUBSTANTIATED. -,.,. O 0 .';}. 0, FOUNDED O'. . 0 0., - TOTAL. . 0 0 - - 0 - ' SUBSTANTIATED:- O O. O UNSUBSTANTIATED: 0 0 0 - FOUNDED: - 0 O 0 NOTE: NOT SELECTED ASA SITE FOR 2013, 2014 OR 2015 FOR Survey of Sexual Violence (Form SSV -6) PREA 11S.312, 115.387, 115.388, 115,389 Vol. _ I'U pg. J� a :_ TEXAS ASSOCIATION Of 'COUNTIES ` *RISK MANAGEMENT POOL c,, Liability Contribution & Coverage Declarations - Proposal Member. Cameron County Coverage Period: July 1, 2016 through July 1, 2017 This proposal Contribution & Coverage Declarations (CCD) is part of the Coverage Documents between the Texas Association of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, definitions, exclusions, and sub -limits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreement (IPA). w Bodily Injury Liability- Each Person $100,000 Bodily Injury Liability - Each Accident $300,000 $1,000 $159,681 ❑ -Property Damage Liability - Each Accident $100,000 at time of loss or cast of repair with , i ..Hired and Non -Owned Within Auto Liability. Limits $1,000 Included Limited Mexico Coverage Within Auto Liability Limits '$1,000 Included Supplementary Death Benefit $10,000 No deductible Included Optknaf Coverage"` i > "� '� - Collision Coverage v. Uninsured I Underinsured Motorist $5,000 No deductible _ $8,727 Personal Injury Protection ( $30k1$60k1$25k ._ '$250 - $20,509 ❑ rAUiOL1AHILnYCONTRIBUTION,-� x - :, w The lesser of the Actual Cash Value Comprehensive Coverage at time of loss or cast of repair with $5,000 i like kind and quality $fi2,599 ❑ V - - The lesser of the Actual Cash Value Collision Coverage at tlme of loss or cost of repair with $5,000 ? i like kind and quality AUTO PHYSICAL DAMAGE CONTRIBUTION Texas Asso0aflon of Counties Cameron County Risk Management Pool Member Number. 0310 Jul 01, 2016 Coverage Number. R -CAS -0310-2016071114 Pg. 3CI d J Tens Associa0an of Countles Cameron County Risk Management Pool Member Number 0310 Jul 01, 2016 Coverage Number, R -CAS -0310Q0160701-1 py.__3�� _ Bodily Injury Liability- Each Person $100,000 Bodily Injury Liability -Each Accident $300,000 $5,000 $88,703 I ❑ Property Damage Liability - Each Accident $100,000 - L Damage to Premises Rented to Member $50,000 Property Damage Per $5,000 Included' Occurrence Personal and Advertising Injury Liability $1eD,000 Per Person $300,000 $5,000 Included Per Offense /Aggregate i Medical Payment- Each Person _$5,000 No deductible Included ; Employee Benefits Liability $100,000 $1,000 Included Garage Keeper's Legal Liability $50,000 $1,000 - Included -._ Law Enforcement Number of ', Within General Liability Limits $5,000 Included ❑ Watercraft.... ,.. Watercraft:,i :.,.. ... ...._ . GENERAL LIABIEITYCONTRIBUTION Tens Associa0an of Countles Cameron County Risk Management Pool Member Number 0310 Jul 01, 2016 Coverage Number, R -CAS -0310Q0160701-1 py.__3�� _ Trx.ks AssoctArlo�N of COUNTEF.S ' Rlsh MA.eAeEMKN7 POOL MEMBER Cameron County 1100 E Monroe St Brownsville, TX 78520-5883 COVERAGE# EFFECTIVE EXPIRATION CAS -0310-20160701-1 07/01/2016 07/01/2017 COVERED VEHICLE All Member owned or leased vehicles COVERAGE PROVIDED BY Texas Association of Counties Risk Management Pool P.O. Box 2131 Austin, Texas 78768-2131 TO REPORT CLAIM Mon. - Fri., 8 a.m. - 5 p.m. 800.456.5974 After business hours 855.472.5246 This vehicle meets the minimum liability Insurance prescribed by the Texas MotorVehlcle Safety Responsibility Act However, the Texas Transportation Code § 601.007 exempts a government vehicle and an otllur, agent or employee of a governmental entity driving a government vehicle on official duty from the requirements of the Act Including the duty to show evidence of liability Insurance or financial responsibility. TEZAs AssOCIA'r10N Of COUNTIES : �RlsK lMANACEMEST Pool. MEMBER Cameron County 1100 E Monroe St Brownsville, TX 78520-5883 COVERAGE EFFECTIVE EXPIRATION CAS -0310-20160701-1 07101/2016 07/01/2017 COVERED VEHICLE All Member owned or leased vehicles COVERAGE PROVIDED BY Texas Association of Counties Risk Management Pool P.O. Box 2131 Austin, Texas 78768.2131 TO REPORT A CLAIM Mon. - Fri., 8 a.m. .5 p.m. 800.455.5974 After business hours 855,472.5246 This vehicle meets the minimum liability Insurance prescribed by the Texas Motor Vehicle Safety Responsibility Act. However. the Texas Transportation Code § 601.007 exempts a govemment vehicle and an officer, agent, or employee of a governmental entity driving a government vehicle on official duty from the requirements of the Act Including the duty to show evidence of liability insurance or knandal responsibility. TLx,\s Ass o l A I o Of C.0U STI ES RIsF Pool - MEMBER Cameron County 1100 E Monroe St Brownsville, TX 785205/183 COVERAGE# CAS -0310-20160701.1 EFFECTIVE EXPIRATION 07/0112016 07/0112017 COVERED VEHICLE All Member owned or leased vehicles COVERAGE PROVIDED BY Texas Association of Counties Risk Management Pool P.O. Box 2131 Austin, Texas 78768-2131 TO REPORT A CLAIM. Mon. - Fri., 8 a.m. - 5 p.m. 800.456.5974 After business hours 855.472.5246 This vehicle meets the minimum Ilabllity insurance prescribed by the Texas Motor Vehicle Safety Responsiblltty Act. However, the Texas Transportation Cade 5601.007 exempts a government vehicle and an officer, agent, or employee of a governmental entity driving a government vehicle on official duty tram the requirements or the Act, Including the duty to show evidence of Ilabllity, Insurance or financial responsibility. TENA.6 ASSoCL.\'rlo\ of COUN-ri Es Rist btANAGE.MENT POOL. MEMBER Cameron County 1180 E Monroe St Brownsville, TX 78520.5883 COVERAGE# EFFECTIVE EXPIRATION CAS -0310.20150701.1 07101/2016 07/01/20117 COVERED VEHICLE All Member owned or leased vehicles COVERAGE PROVIDED BY Texas Association of Counties Risk Management Pool P.O. Box 2131 Austin, Texas 711768-2131 TO REPORT A CLAIM Mon. - Fri., 8 a.m. • 5 p.m. 800.456.5974 After business hours 855.472.5246 This vehicle meets the minknum Ilabllity Insurance prescribed by the Texas Morar Vehicle Safety Responsibility Act. However, the Texas Transportation Code § 601.007 exempts a government vehicle and an officer, agent, or employee of a governmental entity driving a government vehicle on official duty from the requirements of the Act including the duty to show evidence of liability Insurance or financlal responsibility. vol. COMMISSIONER COURT MINUTES OF AUGUST 16, 2016 ARE CONTINUED IN VOLUME 239 PAGE 1 F _0�,3 � pg. U9. COMMISSIONER COURT MINUTES OF AUGUST 16, 2016 ARE CONTINUED FROM VOLUME 238 Vol. , 3 1' Pg.__1 STATE OF TEXAS COUNTY OF HAYS CONTRACT AND AGREEMENT FOR SECURE LONG-TERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD, hereinafter referred to as the Service Provider, and the County ofBRAZOS, hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the I" day of September, 2016, through the 31" day ofAugust, 2017 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre-trial and pre-dispositional status or in the post- dispositional treatment prescribed by the Court; and Whereas, Service Provider desires to make the facility available to the placing County for such use and purposes and the Service Provider desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: I. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party hereto feels in itsjudgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (3 0) calendar days from the date of Notice of Termination is received by the otherparty. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. vol. U. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay Service Provider the sum of $100.00 per day for each space utilized in Detention services. The placing County agrees to pay Service Provider the sum of $110.00 per day for each space utilized in the Boot Camp (B/C)/General Offender programs. The placing County agrees to pay Service Provider the sum of $162.00 per day for each space utilized in: SPRinG program, Juvenile Intensive Treatment Program (JITP), Mental HealthProgram (MH) and the Sex Offender Residential Treatment program (SORT). The daily cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. The Service Provider may at its discretion, or upon recommendation of the Hays County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. In addition to the rate agreed upon between the two parties, the placing County shall either make arrangements to pay, or reimburse the Service Provider for expenditures made, for medical care and dental care for children placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being incurred. If emergency examination, treatment and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE Service Provider agrees to provide a space, if available, at the time that the placing County requests the space. Service Provider will provide a copy of the visitation/phone contact schedule with this contract and the placing County shall provide a copy to a resident's parent/guardian/legal custodian. Service Provider will provide room and board, twenty-four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well-being of the child, and in long-term to enhance the child's functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child/Family Case Plan. -2- Vol. ,�',3y' p9•_�% IV. ADNIISSION AND DISCHARGE Prior to transporting a child to the facility for short term -placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long-term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post -adjudication paperwork as stipulated by Texas Juvenile Justice Department standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the placing County of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least (10) calendar days notice before discharging a child except when the child is a danger to self or others. Service Provider agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardians, custodians, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged there from without: (a) Receipt of the Order signed by the Judges having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by the parties hereto that children placed in pre - adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized bythe -3- Vol.J pg. Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility_ It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that posses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN Each child placed in long-term shall have a written Individualized Treatment Plan (ITP) -4- Vol. U,7, pg. J� developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, as applicable, and/or appropriate placing county personnel within thirty (3 0) days of placement. The ITP shall complement the Child/Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Justice Department standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The ITP may contain, but not be limited to the following: the reasons why the placement will benefit the child; specify behavioral goals and objectives being sought for the child; state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's/objectives contained in the ITP on a monthly basis. These reports are to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (f) Aftercare goals. VII. PERFORMANCE MEASURES Goals The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential. This development will be through provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: -5- Vol. / 5r Z_ Pg._� • Average length of stay of children in each program. • Average daily population of children in each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County may be performed by using the following outcome measures: • 80% of youth successfully completing the program. • 80% of youth report improved family communication/fanctioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the ChildfPamily Case Plan. • 85% of youth will earn at least % educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION Service Provider will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as may be requested by the placing County. Service Provider will -6- Vol. 1� Pg. % make these records and all other materials which relate in anyway to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Justice Department, and the State of Texas and/or their duly authorized representatives. Service Provider will maintain the records (as referenced above) for seven (7) years after the final payment, or until any audit of the program, has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. Service Provider shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on-site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality ofthe foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts or omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) -7- Vol. ,> % Pg. <S' working days after being notified of such claim, demand, suit or other action or the threat thereof. XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughout the term of this agreement covering, among other matters that the placing County shall desire, any and all damages and/or claims that might arise out of the placement of county children. Such insurance shall include, but not be limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition. The Service Provider shall comply with minimum standards as put forth by the Texas Juvenile Justice Department at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIH. ACKNOWLEDGEMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. The parties acknowledge and agree that the Service Provider is under no obligation to -8- g -- accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. XIV. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. XVI. PRISON RAPE ELIMINATION ACT OF 2003 The Service Provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provisions of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The Service Provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR § 115) standards and shall permit the placing County to monitor its facility and records as necessary to ensure that the Service Provider is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall provide to the placing County all incident -based aggregate date reports for every allegation of sexual abuse or 0 Vol. ✓� pg. 16 sexual harassment and all such data that may be requested by the Department of Justice from the previous calendar year no later than June 30 (§115.387 (f)) and the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence. The Service Provider shall report to the placing county in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu of all previous contracts or agreements by and between Service Provider and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract become effective. Executed this the day of 2Q'-l—,eachcopyhereo£ shall be considered an original copy for all purposes. Robert dedove Chairman; Says County Juvenile Board Hays County Justice Center, Room 177 San Marcos, Texas 78666 Brett Littlejohn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 Official Authorized to Sign '.I -. 4,114. COUNTY Official Authorized to Sign Printed Name COUNTY -10- Vol.. 3%_ p9. �� ON , 20 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Duane Peters, County Judge Date 200 S. Texas Ave., Ste. 332' Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Brazos County Juvenile Services Department MA Douglas Vance Date Chief Juvenile Probation Officer .TEXAS AssociA-r►Ont Of RISK MANAGLMENT POOL Liability Contribution & Coverage Declarations Member: Hays County Coverage Period: November 15, 2015 through November 15, 2016 COUNTIES This Contribution & Coverage Declarations (CCD) is part of the Coverage Documents between the Texas Association of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, definitions, exclusions, and sub -limits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreement (IPA). as _s . . . ' .. :, , '...'. a a e ... .., ..,. :. Bodily Injury Liability - Each Person $100,000 1 Bodily Injury Liability - Each Accident $300,000 I $0 $68,502 Property Damage Liability - Each Accident $100,000 $250 quality Hired and Non -Owned Within Auto Liability Limits $0 Included Limited Mexico Coverage Within Auto Liability Limits $0 Included Personal Injury Protection _ $5,000 No deductible Included j Supplementary Death Benefit $10,000 No deductible Included wbm.„ , Uninsured / Underinsured Motorist Per Endorsement I $250 $7,666 -t Bodily Injury Liability - Each Person Bodily Injury Liability - Each Accident Property Damage Liability - Each Accident Texas Association of Counties Risk Management Pool Oct22,2015 $100,000 $300,000 $100,000 $10,000 1 $33,465 Hays County N 1050 Coverage Number CAS -1050-20151115.1 G.5 A The lesser of the Actual Cash Value at time Comprehensive Coverage of loss or cost of repair with like kind and $250 quality $2,988 ------- ------'--- The lesser a' the Actual Cash Value at time Collision Coverage of loss or cost of repair with like kind and $250 quality Bodily Injury Liability - Each Person Bodily Injury Liability - Each Accident Property Damage Liability - Each Accident Texas Association of Counties Risk Management Pool Oct22,2015 $100,000 $300,000 $100,000 $10,000 1 $33,465 Hays County N 1050 Coverage Number CAS -1050-20151115.1 Texas Association of Counties Hays County p 1050 Risk Management Pool Coverage Number. CAS -1050.201511151 Oct 22, 2015 F01, i MR. 4 ... •Liability Damage to Premises Rented to Member $50,000 Property Damage Per Occurrence $10,000 I Personal and Advertising Injury Liability $100,000 Public Officials Liability _Included _ Per Person $300,000 $10,000 Included i Per Offense/Aggregate District Judge Medical Payment _1 $5,000 No deductible Included Employee Benefits Liability $100,000 $1,000 _ Included Garage Keeper's Legal Liability _ $50,000 $1,000 Included 11/1512012 Per Endorsement $2,569 Hays County Attorney's Office Texas Association of Counties Hays County p 1050 Risk Management Pool Coverage Number. CAS -1050.201511151 Oct 22, 2015 F01, i MR. NOW RON ... •Liability .. .i Law Enforcement 04/02/2001 $2,000,000 Per Claim $25,000 $138,665 Public Officials Liability Full Prior Acts $2,000,000 Aggregate I $85,619 District Judge 0410212006,_ $4,160 .Per EndorsementSIM PFr. h. „... .. .. ♦� ♦ `A. Criminal and Malicious Acts and Omissions 04/02/2001 Per Endorsement Punitive Damages 04/02/2001 11/1512012 Per Endorsement $2,569 Hays County Attorney's Office 4 Hays County Constable's Offices Airport Employees Flays County Employees Of The District Attorney's Office Hays County Juvenile Probation Department Back Wages 11/15/2012 Hays County Sheriffs Office County Adorney Hays County Juvenile Center Hays County Fire Marshal Full Prior Acts Criminal and Malicious Acts and Omissions Full Prior Acts Texas Association of Counties Hays County p 1050 Risk Management Pool Coverage Number. CAS -1050.201511151 Oct 22, 2015 F01, rkf , 4 Public Officials Liability Full Prior Acts $2,000,000 Per Claim $10,000 $85,619 $2,000,000 Aggregate District Judge _ � 11/15/20121 Per Endorsement I $2,569 District Attorney - Malicious Prosecution 11/1512012 Per Endorsement $2,569 a' 4 m` Airport Employees 11/15120113 Back Wages 11/15/2012 County Adorney Full Prior Acts County Clerk Full Prior Acts Criminal and Malicious Acts and Omissions Full Prior Acts Cyber Liability and Expense Coverage 05/0112015 District Clerk Full Prior Acts Hospital Employees 11/15/2013 Punitive Damages Full Prior Acts Takings 01115/2010 Texas Association of Counties Hays County p 1050 Risk Management Pool Coverage Number. CAS -1050.201511151 Oct 22, 2015 F01, This is not an invoice. An invoice will be submitted to the Pool Coordinator. NO TICEyOFLACCIDENTICI.� ��'">x�- ,rFrN-4�„ "t,Ls - t Notice of an accident or claim (including service of process, if any) is to be delivered immediately to the Pool via the Texas Association of Counties Claims Department at: Texas Association of Counties Attention: CLAIMS P. 0. Box 2131 Austin, Texas 78768 Fax Number: 512-615-8942 Email: claims-cs@county.org Any notice of claim and/or related documents should be mailed to the above immediately or by fax or email. Coverage: This CCD is to outline limits, deductibles, and contributions only. All coverage is subject to the terms, conditions, definitions, exclusions, and sub -limits described in the Coverage Documents, any endorsements, and the IPA. Claims Reporting: The Named Member shall submit claims to the Pool as set forth in each applicable Coverage Document or as otherwise required by the Pool or state law. Failure to Maintain Coverage: The Named Members failure to maintain at least one coverage through the Pool will result in the automatic and immediate termination of the IPA. Named Member Compliance: By executing the IPA, the Named Member agrees to comply with and abide by the Pool's Bylaws, applicable Coverage Documents, and the Pool's policies, as now in effect and as amended. Payment of Annual Contribution: The Named Member shall pay contributions as outlined on invoices and as per the terms of the IPA. Pool's Right to Audit: The Pool has the right, but no obligation, to audit and inspect the Named Member's operations and property at any time upon reasonable notice and during regular business hours, as the Pool deems necessary to protect the interest of the Pool. Property Appraisal: Property coverage is blanket and based on Replacement Cost. The Pool will provide a formal physical appraisal of the Member's property on a periodic basis and the Member agrees to accept the values provided by the Pool's appraisal firm. Member agrees to report all buildings and contents prior to renewal. Pool Coordinator: The Named Member shall appoint a Pool Coordinator. The name of the Pool Coordinator and the address for which notices may be given by the Pool shall be set forth in the space provided at the end of the IPA. The Pool Coordinator shall promptly provide the Pool with any required information. The Named Member may change its Pool Coordinator and the address for notice by giving written notice to Pool of the change before the effective date of the change. Texas Association of Counties Hays County # 1050 Risk Management Pool Coverage Number. CA&1050-20151115-1 Oct22,2015 Vol. oC J /9 Pg._ / Any failure or omission of the Named Member's Pool Coordinator shall be deemed a failure or omission of the Named Member. The Pool is not required to contact any other individual regarding the Named Members business exceptthe named Pool Coordinator unless notice or contact to another individual is required by applicable law. Any notice given by Pool or its contractor to the Pool Coordinator or such individual as is designated by taw for a particular notice, shall be deemed notice to the Named Member. Submission of Information: The Named Member shall timely submit to the Pool documentation necessary for the Pool to use to determine the risk to be covered for the next renewal period and to properly underwrite the risk exposure. The Pool will provide forms Identifying the information requested. Termination and Renewal: The coverage outlined in this CCD may be terminated or not renewed by either party as outlined in the IPA or applicable Coverage Document. Termination for Failure to Pay: Notwithstanding any other provision in the IPA, if any payment or contribution for coverage owed by the Named Member to the Pool is not paid as required by the IPA, the Pool may cancel coverage or terminate coverage and the IPA, as the Pool deems appropriate, in accordance with the Pool's Bylaws and the applicable Coverage Document. The Named Member shall remain obligated for such unpaid contribution or charge for the period preceding termination. This declaration is issued by zAa% of as authorized representative of the Pool on 1 012 212 01 5 In Austin, Texas. Texas Association of Counties Hays County # 1050 Risk Management Pool Coverage Number. CA&A050-20151115.1 Oct 22, 2015 _ rVol. __ �'� _ Pg. 116 _. Pam CONTRACT AND AGREEMENT FOR POST ADJUDICATION SERVICES OF JUVENILE OFFENDERS STATE OF TEXAS § COUNTY OF NUECES § NUECES COUNTY JUVENILE BOARD NUECES COUNTY ROBERT BARNES FACILITY RESIDENTIAL SERVICES September 1, 2016 — August 31, 2017 This Agreement is entered into by and between Nueces County Juvenile Board, at the request of and on behalf of the Nueces County Juvenile Probation Department (collectively referred to as "Service Provider") and Brazos County Juvenile Probation Department (referred to as "Juvenile Probation") concerning residential care services provided at the Robert N. Barnes Regional Juvenile Facility by the Nueces County Juvenile Department pursuant to license granted by the Texas Juvenile Justice Department, and/or any other appropriate State agency with licensure or regulatory authority over the facility. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized operated by Service Provider, and is located at 2310 Gollihar Rd, Corpus Christi, Texas 78415. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 2016 and ending August 31, 2017, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term. RESIDENTIAL CONTRACT Pagel ), .�' P / 7 — 9 ---- ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: A. Moderate The level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Justice Department. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shall be submitted to the Juvenile Probation Department within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s) and the Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. hi the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to the Juvenile Probation Department a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's. natural home. The Individualized Treatment Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. RESIDENTIAL CONTRACT Page 2 VOL _ �� Pg• Y - ! 0. Maintain copies of the original Individualized Program Plan and the periodic reviews H. Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical, dental, psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation or health insurance. However in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the six (6) months following release from residential placement. _ S. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): I. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re -referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. RESIDENTIAL CONTRACT Page 3 pg. 1 C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re -referrals within six (6) months after release. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of $90.00 per day for each juvenile, admitted under "Moderate" Level of Care. The daily rate shall be paid to the Service Provider from the initial intake date through the date prior to the exit date. There will be no charge on day of exit. 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the Probation Department. The initial psychiatric/psychological evaluation for admission is required prior to acceptance into the program that has been conducted in within the last 12 months. 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Department 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. 5.04 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of -- outside treatment within twenty-four (24) hours of its occurrence. The Juvenile Probation Department shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post -Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. Notwithstanding the foregoing, the Service Provider will endeavor to seek and obtain all benefits available from other sources for eligible juveniles. Any income received by Service Provider from sources other than this contract, including but not limited to medical insurance coverage, or RESIDENTIAL CONTRACT 44 Page 4 FVol. �3 y pg. �� -�i contributions from parents or others must be documented as to each juvenile for whom a billing is submitted and deducted from the invoice submitted to the Juvenile Probation Department. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. 5.05 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 specifics receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. RESIDENTIAL CONTRACT Page S 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of the County and other documentation required by Service Provider, 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department of this determination. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally detained the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of the Brazos County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaiDing to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Nueces County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.10 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will pemtit 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. RESIDENTIAL CONTRACT Page 6 Vol. �✓'� pg.� 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services famished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years retention period after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and.records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Nueces County Sheriffs Office); B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 8234211 (Attn: Chief Juvenile Probation Officer). RESIDENTIAL CONTRACT Page 7 Vol. % ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact withjuveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact withjuveniles that have a criminal history. For the purpose of this Agreement, the term "crimnal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. RESIDENTIAL CONTRACT Page 8 Vol. F Pg._,&__ 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: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. Alt notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party address. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. RESIDENTIAL CONTRACT Page 9 Vol. pit r r G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. ARTICLE XV TERMINATION 15.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery of its intention to terminated: A. By thirty (30) days from the date of the 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 SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Nueces County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Nueces County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. RESIDENTIAL CONTRACT Page 10 Vol. Pg. °� ARTICLE XVM REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B, That it 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 Nueces or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation and the indemnity provisions, as well as for any potential liability that arise form or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XD{ TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Nueces County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. RESIDENTIAL CONTRACT Page 11 _P9--9 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 committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by the county for the children placed in the Facility by the Judge of the county having juvenile jurisdiction. ARTICLE =11 PRISON RAPE ELIMINATION ACT 23.01 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 the Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders [PREA§ 115.312(a)]. Under PREA, Service Provider shall make available to the CPO all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 3& [PRFA § 115.87C and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with the PREA standards [PREA § 115.312 (b)]. To comply with this standard the Service Provider will make available to the CPO all incident -based aggregated sexual abuse data within 24 -hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§ I15389(b)]. RESIDENTIAL CONTRACT Page 12 Vol. oU% . pJ'-� _ 7=37 EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SMALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the day of 2016. NUECES COUNTY JUVENILE PROBATION DEPARTMENT Honorable`gjWWilliams, Chairman Nueces County Juvenile Board 148th District Court Judge Homer Flores Director/Chief Juvenile Probation Officer BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT Chairman, Juvenile Board Chief Juvenile Probation Officer RESIDENTIAL CONTRACT Page 13 Pg, ON 20 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Bra s Cou ommis ' i rs Cqurt By: t Duane Peters, County Judge Date 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 8hab� Fax: 979-361-4503 Brazos County Juvenile Services Department in Douglas Vance Date Chief Juvenile Probation Officer Vol.—_?� _ p9._ �� Vol. Pg, ,3/_ TEXAS : UVENILE USTICE - DEPARTMENT Certificate of Registration Beit known that ROBERT N. BARNES REGIONAL JUVENILE FACILITY i 2310 GOLLHIAR RD CORPUS CHRISTI, TEXAS 78415 Is hereby registered istered as a Post -Adjudication FACILITY Rated Capacity of 96 The aforementioned Juvenile Facility has completed all registration requirements of the Texas Juvenile Justice Department, as required by the Texas Family Code, and is hereby officially registered by the undersigned. Registration, is issued this the 1�` Day of February 2016 Expiration Date: January 31, 2017 DAVID REILLY, E UTNE DIRECTO ' TEXAS JUVENILE JUSTICE DEPARTMENT f Vol. Pg, ,3/_ A`� o® CERTIFICATE OF LIABILITY INSURANCE TE s/DA2ois DfYYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions Of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. dba er &Gordon Insurance Agency, LLC 87 PO Boxox 670 nam :ALT Debbie Trees PNDNE 361-561-3932 FAx .367-644-0101 E-MAIL hl Inbotham.net Ceft�Cate -sr@ 99 INSURER(S) AFFORDING COVERAGE "co Corpus Christi TX 78403 INSURER A:Travelers Casualty and Surely Co of 31194 INSURED NUECEI INsuRen a:Westem World Insurance Company 13196 Nueces County 901 Leopard, Rm 106 Corpus Christi TX 78401 INSURERC: MSUPEa 0: INSVRER E INSURER F COVERAGES CERTIFICATE NUMBER: 1674372735 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LS TYPEOFINSURANCE INSD YWD POLICY NUMBER POUCYEFF A POLICYEXP MM LIMITS MERCiALGENERALMAalum, EACH OCCURRENCE CE S PONCLAIMS�MADE � OCCUR MEDEXP cna and 5 FERSONALSADVIWURY S GEN'L AGGREGATE LIMIT APPLIES PER GENERA -AGGREGATE $ MULY[�]jFa FILOC PRODUCTS - COMPIOP AGG $ 5 OWER LIABILITY Eeeccdenl INUUcUMIF $ SOOILYINIURY(Perpamon) $ ANLLYAUTO FMB`LEO AVC VMED CH8OU1EO BODILY IWURY(Pare¢Idenq S N0ON0OWNED HIRED Alfrg6 AUTOS Pmecddeld) $ S UMERELLALIAB OCCUR EACHOCCURRENCE 5 AGGREGATE 3 EXCESSLIAB CLAIMSMADE OED RETENTIONS S I I ANDEMPLOYERs'LIABILITY YIN PER O(H- E RWORKERSCOMPENSATION EL.EACHACCIDENT 5 ANY PROPRIETONPARTNERIEXECUDVE E] OFRCERMEMDER EXCLUDED? IIA E.1DISEASE-EAEMPLOY S (Mandatary In NH) f 9re, Cea<n'be under DESCRIPTION OF OPERATIONS bmup EL DISEASE- POLICY UMIT 5 A B Employee Theft Pabllc Officials Liability 105941765 BRLOO1148B 611/2016 611/2016 61112017 6!112017 LIInllporidss $100,000 Lim@each claim $1,000,000 (Dlredors 8 Officers) DESCRIPT ON OF OPERATIONS! LOCATIONS I VEHICLE$ (ACORD 101, Addlaonal Remade Schedule, maybe attached If mon apace la required) County of Brazos 300 E 26th St Bryan TX 77803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Vol. - 'Z3"7— Pa. .3 �5 CONTRACT FOR RESIDENTIAL SERVICES GRAYSON COUNTY DEPARTMENT OF JUVENILE SERVICES This Agreement is made by and entered into and between Grayson County, Texas, acting through the Grayson County Juvenile Board, by its duly authorized representative, and Brazos County Texas, acting through the Brazos County Juvenile Board by its duly authorized Chairman or its representative. WITNESSETH WHEREAS, Grayson County, Texas, and the Grayson County Juvenile Board operate the Cooke, Fannin and Grayson County Pre -and Post -Adjudication Facility (hereinafter referred to as Facility); and WHEREAS, Brazos County in order to carry out and conduct its juvenile program in accordance with the Texas Family Code, Title 3, Juvenile Justice Code, has need of the use of the Facility located in Grayson County, Texas and operated under the authority of the Grayson County Juvenile Board to house and maintain children (hereinafter referred to as child or client or student) of juvenile age, for pre- or post -adjudication confinement; and, WHEREAS, Grayson County desires to make the Facility available to Brazos County for such use and purpose, and Brazos County desires to contract for the use of said Facility; and WHEREAS, the parties are political subdivisions of the State of Texas authorized to enter into an Interlocal Cooperation Agreement for such pre- or post -adjudication services pursuant to Chapter 791 of the Government Code (Tex. Rev. Civ. Stat.). NOW, THEREFORE, in consideration of the mutual agreements, promises and covenants herein contained, the parties agree as follows: I. TERM The term of this agreement shall be from the effective date of September 1, 2016 to August 31, 2017. It may thereafter be renewed annually at the discretion of Grayson County Juvenile Board. Page 1 of 9 II. FACILITY GOALS Facility has established the following as its goals in serving clients: 1. The child shall attend academic classes five (5) hours per day while Sherman ISD is in session covering the core courses at the students assigned grade level; 2. The child shall receive life skills training, which may include: MRT®, Fatherhood or anger management five (5) hours per week through departmental staff; 3. The child shall receive weekly substance abuse education, group counseling or social skills training; as determined by a jointly agreed upon case plan; 4. The child shall complete community service restitution projects as assigned; 5. The child shall be involved in physical training activities that are centered around stamina and strength; and, 6. The child will receive case management services including case plan, treatment teams when required and aftercare planning. III. FACILITY OBLIGATIONS Facility shall provide the following to achieve the stated goals: 1. Clients will receive a highly structured level of supervision as reflected by, at a minimum, documented 15 minute room checks and direct monitoring or supervision in all programming. d 2. A written Individualized Case Plan shall be developed by the appropriate facility staff in concert with the child, parent and/or court officer. 3. Routine medical and dental services as determined in this written Agreement. 4. Structured and supervised physical training activities. 5. Access to free, appropriate public education and related services through the Sherman Independent School district in Grayson County and within guidelines set by State and Federal law. 6. Therapeutic intervention within the milieu designed to improve the child's functioning. 7. Formalized behavior programs and therapeutic interventions implemented by professional Page 2 of 9 vol, �J pg, �� and paraprofessional staff under the direct supervision of professional staff. 8. Conformance to all applicable standards set forth by the Texas Juvenile Justice Department (TJJD) for the operation of secure post -adjudication facilities. A staff -to -child ratio as governed by TJJD certification standards. 10. Procedures ensuring the child is not released to any person or agency other than Brazos County. IV. EXAMINATION OF PROGRAM AND RECORDS The Facility agrees that Brazos County may examine and evaluate its program of services provided under the terms of this contract and review the Facility records relating to Brazos County clients. This examination, evaluation and review may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Facility and the child. The facility has been duly inspected and certified as being suitable for post -adjudication of juveniles by the Grayson County Juvenile Board and the Board has approved the programs, policies and procedures under which the facility is managed. The facility is registered and monitored by the Texas Juvenile Justice Department. The Facility agrees to maintain and make available for inspection, audit or reproduction books, documents and other evidence pertaining to the cost and expenses of this contract, hereinafter called the Records, by an authorized representative of Brazos County and/or the State of Texas. The Facility agrees to maintain these Records for seven (7) years after final payment or until the State -approved audit has been made and all questions therefrom are resolved. V. CERTIFICATE OF ELIGIBILITY TO RECEIVE STATE FUNDS Under Section 231.006, Family Code, Grayson County certifies that it is not ineligible to receive state grants or loans and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Facility shall adhere to all applicable state and federal laws and regulations pertinent to the Facility's provision of services. The Facility shall account separately for the receipt and expenditure of any and all funds received under this contract. Page 3 of 9 Vol. ? Pg, :�j 5' VI. PRIVATE SERVICE PROVIDERS In any contract with a private service provider to provide services to the clients under this contract Grayson County will require, in accordance with Texas Human Resource Code, Sec. 141.050(a), such contract to include, (1) clearly defined contract goals, outputs, and measurable outcomes that relate directly to program objectives; (2) clearly defined sanctions or penalties for failure to comply with or perform contract terms or conditions; and (3) clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract. Grayson County will also use data relating to the performance of private service providers in prior contracts as a factor in selecting any providers to receive contracts to provide service to Clients. VII. COMPENSATION Grayson County shall charge a daily contract rate to Brazos County which is determined by the Texas Juvenile Justice Department residential reimbursement program. The current FY2017 contract rate for all services is as follows: TYPE OF SERVICE FY2016 CONTRACT RATE AS OF January 1 2016 FY2017 CONTRACT RATE AS OF Sept. 1 2016 Pre -Adjudication Standard Residential General $103.00 $125.00 Post -Adjudication Standard Residential General $110.00 $129.00 Specialized Residential $148.00 $159.00 Psychiatric Medical Review COST COST Psychological Counseling $72.00 hr. individual $28.00 hr. group $80.00 hr individual $24.00 hr group Psychological Full Battery) $600.00 $750.00 LPC Evaluation $275.00 $350.00 Medical Services COST COST Dental Services COST COST In no event, however, shall the monthly FY2017 contract rate cost to Brazos County exceed Grayson County' s actual cost per day per child in operating the Facility. Brazos County agrees to pay Grayson County the monthly F Y2017 contract rate cost from current revenues. The Grayson County Department of Juvenile Services shall submit an invoice to Brazos County within ten (10) days after each billing period. Brazos County agrees to submit payment to: Grayson County Department of Juvenile Services Page 4 of 9 86 Dyess Denison, Texas 75020 All payments are due within thirty (30) days after receipt of the invoice Vlll. EMERGENCY MEDICAL, DENTAL OR PSYCHOLOGICAL TREATMENT OF CHILD Brazos County and Grayson County agree that if emergency examination, hospitalization and/or treatment outside the Facility is required for a child placed in the facility by Brazos County the administrator or designee of the facility is authorized to secure such emergency examination, hospitalization and/or treatment at the expense of Brazos County Brazos County agrees to promptly pay for any and all emergency examinations, hospitalization, psychiatric, and/or psychological treatment including medications directly to Grayson County for such care. Brazos County agrees subject to the Texas Tort Claims Act, to indemnify and hold harmless the Facility, Grayson County, its officials and employees, for any liability or for charges incurred for emergency medical examination, hospitalization and/or psychological treatment required for a child placed in the Facility. The Facility administrator shall notify Brazos County of such an emergency within 24 (twenty-four) hours of its occurrence or as soon thereafter as practical, but in no event later than three (3) working days. IX. PLACEMENT OF CHILDREN Prior to transporting a child to the Facility for placement Brazos County officials requiring and authorizing placement shall secure from the Facility a written letter of acceptance regarding said child. Placement of a child from Brazos County may be denied if (1) the child is found not to be suitable for placement in the facility or (2) space limitations do not permit such placement as may be determined in the sole judgment of the Facility Administrator. Children from Brazos County who are adjudicated in accordance with the provision of the Texas Family Code, Title 3, Juvenile Justice Code, shall be admitted to the Facility only under authority of the Juvenile Court of Brazos County or its designated official. A certified copy of the Adjudication and Disposition Order must be delivered to the Facility prior to or contemporaneous with the child's admission. No child admitted to the Facility under this agreement shall be detained in violation of any state or federal law. Grayson County hereby notifies Brazos County and its officials, agents and employees, that Grayson County fully complies with the mandates of the Federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended 1977, 1980, 1984, in regard to the detention of status offenders as that phrase is commonly understood. No child will be admitted or detained in the Facility if the detention is based solely on that child being a status offender. Brazos County is solely responsible for the transportation of any child placed at the Facility unless prior arrangements are made with Grayson County. Each child placed in the Facility shall be required to follow the rules and regulations of Page 5 of 9 FVol, �� 9 Pg,_ �7 conduct as determined by the administrator and staff of the Facility. The Grayson County Juvenile Board agrees that the Facility will accept any child qualified hereunder to be admitted, without regard to such child's religion, race, creed, color, sex, of national origin. If a child is accepted by the Facility from Brazos County and such child thereafter is found to be, in the sole judgment of the Grayson County Facility administrator, mentally unfit, dangerous, or unmanageable and/or whose mental or physical condition could or might endanger other occupants, including but not limited to the staff or other residents of the Facility, the administrator shall, upon notification to the Brazos County Juvenile Court Judge or designated juvenile office, have said child immediately removed and transported from the Facility by a juvenile probation, detention officer or transport officer of Brazos County. If Brazos County fails to remove such child within 24 hours of said notification, Grayson County shall transport said child to Brazos County Juvenile Court Judge or designated juvenile official and Brazos County shall reimburse Grayson County for such at the rate of $25.00 per hour of time spent in transport, including but not limited to the return trip and actual time spent in Brazos County plus mileage at the highest current rate allowed under Texas state law for reimbursement to state employees. It is agreed by the parties hereto that children placed in the Facility under the proper order of a court exercising juvenile jurisdiction in Brazos County shall remain detained therein except that the staff of either the Facility or the Brazos County Juvenile Department may have the child participate in community activities. It is expressly understood and agreed by the parties that the Juvenile Court of Grayson County, Texas shall not exercise any direct authority over a child placed at the Facility pursuant to this agreement. It is agreed by the parties hereto that nothing in this contract shall be construed to permit Brazos County, its agents, officials or employees in any way to manage, control, direct or instruct the Cooke, Fannin and Grayson County Juvenile Facility, its agents, officials or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the Facility. Brazos County warrants that all children placed in the Facility have been legally committed under state and/or federal law. X. STATE AUDITOR'S REVIEW Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Page 6 of 9___. Pg.— Y XI. DEFAULT Either party to this agreement may, by written notice of default to the defaulting party, s Juvenile Board Chairman through certified mail return receipt requested, terminate in whole this Agreement prior to the end of the term if the defaulting party fails to perform any provisions called for by this Agreement. The defaulting county shall have the right to cure such default within ten (10) days of notice of such failure or as extended by written authorization of the non -defaulting county. XII. TERMINATION Notwithstanding any other provision in this contract, either Grayson County or Brazos County may terminate the contract by notifying the other party in writing at the addresses specified herein for delivery of notices, by certified mail, return receipt requested or by personal delivery at said addresses of the terminating party's intention to terminate the contract thirty (30) calendar days after receipt of notice. At the end of the 30 -day period, this contract shall terminate and become null and void and be of no further force or effect. After receipt of notice of termination, Brazos County shall remove all children placed in the Facility on or before the termination date. No child shall be accepted by the Facility after receipt of said notice. XIII. NOTICES All notices, demands, or other writings may be delivered by either party hereto to the other by certified mail, return receipt requested or other reliable courier at the following addresses: To Grayson County: Grayson County Department of Juvenile Services ATTN: Brian C. Jones 86 Dyess Denison, Texas 75020 To Brazos County: Chief Doug Vance Juvenile Probation Department 1904 W SH21 Bryan, TX 77803-1217 The addresses to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. XIV. OFFICIALS NOT TO BENEFIT Page 7 of 9 FiZfKL�39 , t No official, member, or employee of Grayson County or Brazos County and no member of their governmental bodies, and no other public officials of the Grayson County Juvenile Board or the Brazos County Juvenile Board who exercise any function or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest and shall not have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. No member of or Delegate to the Congress of the United States of America, no Resident Commissioner, or official of the State of Texas shall be allowed any share or part of this contract, or any benefit that may arise therefrom. The Grayson County Juvenile Board agrees to insert this clause OFFICIALS NOT TO BENEFIT into all subcontracts entered into in the performance of the work assigned by this agreement. XV. VENUE The law of the State of Texas shall govern this agreement and venue of any dispute or matter arising under this agreement shall lie in Grayson County, Texas. XVI. INTERPRETATION OF CONTRACT This contract supersedes all previous agreements and contracts between the parties for these purposes. Said previous contracts shall terminate, become null and void, and be of no further force or effect on the effective date of this contract. In the event that any provision of this contact shall be held illegal or unenforceable, such provision shall be severed and shall be null and void, but the balance of the agreement shall continue in full force and effect. This agreement this date executed is made by and between the parties hereto; it being declared the intention of the parties hereto that the above and foregoing contract is a contract providing for the (1) care of juveniles who have been adjudicated in accordance with the provisions of the Juvenile Justice Code, Title 3, and (2) payment for such care by Brazos County for such juveniles placed in the Facility by the Judge of Brazos County exercising juvenile jurisdiction. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII PRISON RAPE ELIMINATION ACT The Facility shall adopt and comply with all federal, state, county, and city laws, ordinances, Page 8 of 9 El l• -�-f/ _- pg. �� 1 regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. Executed in duplicate originals thisday of 2016. GRAYSON COUNTY Department of Juvenile Service i1 /5in - Diredtor Date Brazos County Juvenile Probation Department Date Page 9 of 9 ON , 20 , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Brazos County Commissioners Court By: .,. IlI II Duane Peters, County Judge Date 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Brazos County Juvenile Services Department M Douglas Vance Date Chief Juvenile Probation Officer Vol. C? , TEXAS JUVENILE*JUSTICE --- / DEPARTMENT Certificate of Registration Be it known that COOKE, FANNIN AND GRAYSON COUNTY DETENTION CENTER 86 DYESS DENISON, TEXAS 75020 Is hereby registered as a Pre -Adjudication FACILITY Rated Capacity of 30 The aforementioned Juvenile Facility has completed all registration requirements of the Texas Juvenile Justice Department, as required by the Texas Family Code, and is hereby officially registered by the undersigned. Registration is issued this the I" Day of February 2016 Espiratian Date: January 31. 2017 DAVID REILLY, EXECUTIVE D(RECTOR TEXASJUVENILE RIS DITARI'MEN'r vol. % N�•-- '� ATE,Op TEXAS Y ' JUVENILE*JUSTICE --= DEPARTMENT Certificate of Registration Be it known that GRAYSON COUNTY POST- ADJUDICATION FACILITY 86 DYESS DENISON, TEXAS 75020 Is hereby registered as a Post -Adjudication FACILITY Rated Capacity of 85 The aforementioned Juvenile Facility has completed all registration requirements of the Texas Juvenile Justice Department, as required by the Texas Family Code, and is hereby officially registered by the undersigned. Registration is issued this the I" Day of February 2016 Expiration Dat¢: January 31, 2017 DAVID REILLY, EXECUTIVE DIRECTOR TEXAS JUVENILE JUSTICE DEPARTMENT Vol. ����_— pg._!�V - Aaa oc G-.I*RISK TEXAS ASSOCIATION Of COUNTIES MANAGEMENT POOL COUN1`- General Liability Contribution & Coverage Declarations Named Member: Grayson County Juvenile Board Address: 86 Dyess St, Denison, TX 75020-6425 Coverage Period: October 01, 2015 through October 01. 2016 This Contribution & Coverage Declarations (CCD) is part of the Coverage Documents between the Texas Association of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, definitions, exclusions, and sublimits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreeme (IPA). I• Deductible_. — GENERAL LIABILITY Lir hits Occurrence Bodil Inlu Liab Ihty Each Person $100 00o _ Y ry� Bodily Injury Liability . Each Accident $300,000 $0 $3,584 Property Damage Liability - Each Accident $100,000 In`clr7dediCovera'e ' ' i" M1 Damage to Premises Rented to the Named > ta $0 IncludedMember - r` g . _ F Employee Benefits Liability $1,000 Included Garage Keeper's Legal Liabil'dy "rr + ;; $1,000 Included s r < L {I i ,? Medical Expense No deductible Included v Personal and Advertising Injury Liability - " - $0 Included X GENERAL'lL'IIABILITYiCONTRIBUTIN - r ",V-3 re a This is not an invoice. An invoice will be submitted to the Pool Coordinator. nt 01 CONTRACT FOR RESIDENTIAL SERVICES RITE OF PASSAGE. INC. in accordance with provisions of the Governor's Office, Criminal Justice Division and TJJD, Brazos County Juvenile Board at the request of and on behalf of the Brazos County Juvenile Probation Department (hereinafter called COUNTY), and Rite of Passage, Inc. (hereinafter called SERVICE AGENT), by this Agreement, and in consideration of the mutual promises set forth below, agree that: L CONTRACT PERIOD The contract period will be effective from September 1, 2016 through August 31, 2017. This Contract shall automatically renew and extend for an additional one year Period on the first day of September of each succeeding year unless COUNTY gives written notice to SERVICE AGENT not less than 30 days odor to the first day of September of such succeeding anniversary. This renewal and extension is subject to the availability of funds for the contract year, to the allocation of funds to meet the terms of this contract and subject to the approval of the Brazos County Juvenile Probation Department and/or Juvenile Board This contract need not be specifically identified in the budget or budget process. Upon renewal and extension of this contract all dates sums set forth herein shall be deemed modified as necessary to reflect the new and extended term of the contract II. PURPOSE The purpose of this Residential Services Agreement is to provide COUNTY with long term residential Care for children adjudicated to have committed delinquent conduct. The placement facility to be utilized Is owned and operated by SERVICE AGENT and the business address of SERVICE AGENT is located at 2560 Business Parkway, Suite A, Minden, NV, 89423. Contract Facility Name Address City/State/Zip Lake Granbury Youth Services 1300 Crossland Road Granbury, TX 76048 111. SERVICES The SERVICE AGENT is an educational, vocational and athletic program for at -risk youth. The Service Agency agrees to provide the following services, which shall be limited to adjudicated juvenile offenders In licensed child care facilities as follows: A. Provide this child with the nurture, care, clothing, treatment and training suited to his/her needs. B. Room & board, clothing, personal needs, recreation, incidentals, supervision, education, and social services. C. Transportation. Transportation includes escorted admission into the program and unescorted exit for students who have graduated/ completed the program. Students who do not complete the program will receive an escorted exit. D. It is the responsibility of the placing agency to pay for psychotropic medications that have been prescribed to student prior to or at the time of admission. Rite of Passage will pay for psychotropic medications that have been prescribed by Rite cf Passage after placement. Rite of Passage, Inc. Brazos County Juvenlle Probation Department Residential Contract E. Follow admission requirements related to medical screening, physical examination, medical testing and immunization. F. Encourage the maintenance of the natural parent-child relationship and include the child's parents in the treatment plan when possible. G. Not use corporal punishment, deprivation of meals, monetary allowances, visits from parents, home visits, threat of removal or any type of degrading or humiliating punishment and to use constructive alternative methods of discipline. H. Respect and keep confidential information given about the child and their family. I. Work toward termination of placement on a planned basis with maximum involvement of the child, parents and the agency. J. Conduct a staffing or review on this child at least quarterly. K. Submit an initial diagnostic summary to the agency within three (3) months from the date of placement. L. Submit ongoing written evaluations to the agency and/or parents or guardians quarterly. M. Immediately notify responsible party of significant changes In this child's health, behavior or location. N. Submit copies of any pertinent information such as school reports. Medical reports and psychologicallpsychiatric reports as completed. O. Give responsible party prior notice of at least 7 days of intent to discharge this child unless it is agreed upon with the agency that less notice Is necessary. P. Conform to the applicable facility licensing/certification requirements. 0. Provide access to appropriate parties of documentation when documentation is maintained on children in their care. R. Notify the agency and/or parents or guardians immediately if an application is made on behalf of this child for any kind of income. Examples of income include, but are not limited to, child support payments, Veterans Benefits, Railroad Retirement, Social Security, RSHDI, and Supplemental Security Income/State Supplemental Program (SSI/SSP). S. Remit to Department of Public Social Services any Income received on behalf of this child while in foster care up to the full cost of board and care plus medical cost. In addition, the agency will cooperate to have the Social Security Administration, or the appropriate agency, make the Department of Public Social Services the payee for any funds received on behalf of this child. T. Provide and document paraprofessional counseling, off -campus visits or furloughs, major Incidents and worker contacts, COUNTY must approve the child's participation in any furloughs, home visits, or extended agency trips. U. Ensure that the child's parent(s) or legal guardian(s), COUNTY, and specifically the County Placement Officer, including Texas Department of Juvenile Justice are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The COUNTY and parent(s) or legal guardian(s) will be informed immediately if during working hours. After normal working hours, the Juvenile Services On -Call Officer will be notified as soon as possible, as well as the parent(s) or legal guardian(s). In the event of serious illness or accident and for any required follow-up care SERVICE Page 2 of 10 Rite of Passage, Inc. Brazos County Juvenile Probation Deportment Residential Contract AGENT shall be responsible for having the child transported to the nearest hospital or emergency care facility. If the child returns to the SERVICE AGENT within ten (10) days or prior to the last billing day of the month, whichever shall receive payment for those days the child was absent from the SERVICE AGENT, but not to exceed ten (10) days payment. V. Recognizing that a part of a child's rehabilitation program may include time away from the residential setting of the SERVICE AGENT such as weekends, holidays, etc., and that the SERVICE AGENT must retain space for this child until their return, COUNTY will pay the SERVICE AGENT the herein agreed upon amount for such regularly scheduled days away from the SERVICE AGENT of its program providing they do not exceed ten (10) days at any one time. W. The SERVICE AGENT is under no obligation to retain space for the child In unauthorized departure situations. X. The SERVICE AGENT is under no obligation to accept a child who is deemed inappropriate for placement in the program by the SERVICE AGENT. The COUNTY Agrees to the following: A. Conduct a pre -placement visitation o1 the Rite of Passage sites. This visitation may be waived. B. Acknowledge that Rite of Passage Is a behavior modification and treatment program for at-dsk youth. C. Provide Rite of Passage the necessary background information and needs of the child necessary for effective care. This shall include a social work assessment, medical reports, educational assessment, psychological/psychiatric evaluations, and identification of special needs when necessary, This shall be made available to Rite of Passage within 14 days from date of placement. D. Work with Rite of Passage toward development of a treatment plan. E. Work toward termination of child's placement with Rite of Passage staff. F. Continue paying for this child's care as long as eligible and Rite of Passage maintains child on an active status or until Rite of Passage requests that placement be terminated. G. Assist in the maintenance of the child's constructive relationships with parents and other family members. H. Contact this child in Rite of Passage at least once a month. If case plan would indicate less frequent contact, Rite of Passage will be informed. I. Inform Rite of Passage if child has any tendencies toward dangerous behavior. J. Provide proof of medical coverage at the time of placement (If Applicable). If no medical coverage exists, payment is the responsibility of the County. K. Provide authorization for medical treatment, signed by parents or legal guardian. L County agrees to pay for treatment for youth placed with the SERVICE AGENT who had a pre-existing medical condition, unless treatment for the pre-existing condition is part of the rehabilitation program of the SERVICE AGENT. M. COUNTY agrees to pay all medical and/or dental bills it: I) The SERVICE AGENT notifies the COUNTY or designee prior to the services being rendered; or, Page 8 of to Vol. —f p9�� Rite of Passage, Inc. Brazos County Juvenile Probation Department Resldentlal Contract ii) If, In vendor's (physician and/or dentist) opinion, the services cannot be delayed a sufficient amount of time to comply with the above without hardship to the youth; and, Iii) The SERVICE AGENT notifies the COUNTY and/or designee of the probable charges the next working day after services are provided. Iv) As appropriate, the SERVICE AGENT will provide proof of Medicaid coverage to the Medical Service Provider to enable them 10 seek Medicaid payment for medical services rendered. N. Consent to the Handle with Care Safe Physical Management Physical Restraint Procedure as the method used by certified Rite of Passage personnel to intervene with harmful behavior. C. Consent to the Rite of Passage REFOCUS Programs as the protocol for students being placed in protective separation rooms. P. Consent to Rile of Passage Runaway Policy as the protocol for procedures for the truant student. 0. Consent to the child participating in rigorous physical training and individual and team sports. R. Represent that the child has no physical ailments or conditions that would prevent him from participating in rigorous physical activities. A. For and In consideration of the above mentioned services, COUNTY agrees to pay SERVICE AGENT the per diem rates based upon the IV -E Level of Care provided, currently $162.30, In accordance with the Post -Adjudication Secure Correctional Facility schedule of rates set by the Texas Juvenile Justice Department as currently effective or subsequently amended. B. Psychiatric services will be provided to the child on ar as needed basis. The initial psychiatric evaluation will be paid for by Juvenile Probation at the rate of $310 per exam. Follow-up evaluations will be paid by Juvenile Probation at the rate of $105 per exam. C. SERVICES AGENT will submit an invoice for payment of services to COUNTY on a monthly basis. Said invoice shall be submitted no later than ten (10) days following the end of the invoiced month and shall include Information deemed necessary for adequate fiscal control, including but not limited to: name of the child or children for whom payment is being requested along with the number of days (stated consecutively), date service was rendered, hourly rate, total daily cost, and total monthly cost. Each Invoice received for payment will be reviewed by COUNTY in order to monitor SERVICE AGENT for financial compliance with this Agreement. Invoice submitted by SERVICE AGENT in proper form shall be paid by COUNTY in a timely manner. D. SERVICE AGENT is hereby notified that stale funds are used to pay for services rendered to COUNTY. For this reason, SERVICE AGENT shall account for the receipt and expenditure of all funds received from COUNTY, and shall adhere to Generally Accepted Accounting Principles (GAAP) In the accounting, reporting and auditing of such funds. In the event of an investigation by the TJJD or COUNTY, the SERVICE AGENT shall submit to COUNTY upon request a financial audit prepared by independent certified public accountant. V. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT Page 4 of 10 Vol. __���/� Pg,_/�`� Rite of Passage, Inc. Brazos County Juvenile probation bapartment Residential Contract A. Each child placed with the SERVICE AGENT shall have a written Individualized Case Plan (ICP), developed in concert with the child and mutually agreed upon by the appropriate SERVICE AGENT staff and appropriate county personnel along with a family member within thirty (30) days of placement, Identifying which of the nine (9) domains pertain to the child. The Case Plan shall be reviewed every 3 months (go days) thereafter or more often if necessary, until the child is released from the program. S. The ICP shall contain the reasons why the placement will benefit the child and specify behavior goals and objectives as they pertain to the nine (9) domains being sought for each child. Included shall be how the goals and objectives are to be achieved in the SERVICE AGENT placement. The ICP shall state how the parent(s), guardlan(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. C. Copies of the original ICP and the periodic reviews are to be maintained by the SERVICE AGENT and the COUNTY. D. COUNTY reserves the right to terminate the child's placement at the SERVICE AGENT at its discretion. The SERVICE AGENT must not release a child to any person or agency other than the COUNTY without the express consent of the COUNTY. E. Unless otherwise stipulated by COUNTY, the child may visit freely with parents and relatives at the home In accordance with established SERVICE AGENT policies. F. Suspected or alleged cases of child abuse must be immediately reported to the COUNTY and the Department of Human Services by the SERVICE AGENT. VI. EXAMINATION OF PROGRAM AND RECORDS A. The SERVICE AGENT agrees that it will permit the COUNTY to examine and evaluate its program of services provided under the terms of this contract and to review COUNTY child records. This examination and evaluation of the program may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the SERVICE AGENT and the child. B. The SERVICE AGENT shall provide to.the COUNTY such descriptive information on contracted child as requested on forms provided by the COUNTY. Page 5 of 10 Rite of Passage, Inc. Brazos County Juvenile Probation Daparbnent Residential Contract C. The SERVICE AGENT agrees to maintain and make available for inspections, audit or reproduction by an authorized representative of COUNTY and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this contract, (hereinafter called the "records"). D. The SERVICE AGENT shall retain all applicable records for a minimum of three years or until any pending audits and all questions arising there from have been resolved. E. Provide the COUNTY with a written report of the child's progress on a monthly basis in a Monthly Progress Report, F. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: i. percentage of youth in program successfully achieving set education goals, ii. percentage of youth achieving set vocational goals, ill. percentage of youth achieving set social skills goals, iv. percentage of youth demonstrating overall progress, v. number and type of investigations made by the TXDFPS or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to COUNTY for periodic Inspection. G. Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulatiohs 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). The service provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provision of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The service provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR SS 115) standards and shall permit the placing county to monitor Its facility and records as necessary to ensure that the Service Provider Is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall provide to the placing county all incident -based aggregate date reports for every allegation of sexual abuse or sexual harassment and all such data that may be requested by the Department of Justice from the previous calendar year no later than June 30 (SS115.387 (f)) and the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence. The Service Provider shall report to the placing county in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. H. Service Provider shall assist fully with any and all audits. 1 Page 6 of 10 Pg. Rite of Passage, Inc. VII. CONFIDENTIALITY OF RECORDS Brazos County Juvenile Probation Department Residential Contract A. SERVICE AGENT shall maintain strict confidentiality of all Information and records relating to children involved with COUNTY, 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. VIII. DISCLOSURE OF INFORMATION A. SERVICE AGENT warrants that, prior to entering this contract, it has verilied and disclosed the fallowing information to COUNTY, 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 COUNTY: I. Any and all corrective action required by any of SERVICE AGENT's licensing authorities; if. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of SERVICE AGENT that has direct contact with juveniles was the alleged or designated perpetrator; iii. The identity of any of SERVICE AGENT's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term criminal history shall include: (1) current felony and misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten (10) years; or (3) a jail able misdemeanor conviction or deferred adjudication withln the past five (5) years. IX. ASSURANCES A. The SERVICE AGENT is accountable for delivery of quality services and shall provide information necessary to enable COUNTY to comply with standards of TJJD and to measure progress toward specified Goals and Outcomes, if applicable. B. Under Section 231,006, Family Code, the SERVICE AGENT certifies that the individual or business entity named in this contract Is not ineligible to receive the specified payment and acknowledges that this contract may be terminated, and payment may be withheld if this certificate is inaccurate. C. The SERVICE AGENT 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. SERVICE AGENT further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. SERVICE AGENT will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through SERVICE AGENT and the requirement to cooperate Is included In any subcontract it awards. Peso Tor 10 F -- l. �-d-%_. pg• `5 ��� !, 011e or Passage, Inc. Brazos County Juvenile Probation Department Residential Contract D. The SERVICE AGENT will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. The COUNTY Is qualified for safes tax exemption pursuant to Section 151.309 of the Texas Limited Sales Excise and Use Tax Act. E. The SERVICE AGENT currently meets and shall comply with all applicable state and federal laws and licensing and/or certification requirements pertinent to the SERVICE AGENT's provision of services under this agreement and must notify COUNTY within 24 hours of any future failure to meet licensing requirements. Failure to comply with this requirement will be treated as a default. F. Neither COUNTY nor any employee thereof is an agent of the SERVICE AGENT and neither SERVICE AGENT nor any employee thereof is an agent of COUNTY, This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. G. SERVICE AGENT agrees to indemnify and hold harmless the COUNTY against any and all claims, lawsuits, settlements, judgments, penalties and expenses, including attorney's fees, with respect to SERVICE AGENT'S performance under this contract for which the SERVICE AGENT is liable. H. No person not a party to this contract may bring a cause of action pursuant to this contract as a third party beneficiary. This contract may not be Interpreted to waive the sovereign immunity of any party to this contract to the extent such a party may have immunity under Texas law. I. SERVICE AGENT agrees to comply with all applicable laws, regulations and conditions required of TJJD for juvenile boards, juvenile probation departments and their subcontractors. X. REPRESENTATION AND WARRANTIES SERVICE AGENT hereby represents and warrants the following: A. That it has all necessary right, title, license, and authority to enter into this Agreement; R. That it carries sufficient insurance to provide protection to COUNTY under the indemnity provisions as well as for any potential liabilities that arise form or related to this Agreement; and 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 TJJD administrative rules regarding abuse, neglect and exploitation allegations. XI. FEE ASSESSMENT A. Children or their families shall not be assessed fees for services by the SERVICE AGENT unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary Page a or to Rile of Passage, Inc. Brazos Caunty Juvenile Probation Department Residential Contract contribution from families of county children for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a child is eligible for fiscal support from another state agency or organization, the SERVICE AGENT shall ensure that COUNTY is not charged for such fiscal support for which the child Is otherwise eligible. XII. EQUAL OPPORTUNITY A. Services shall be provided by the SERVICE AGENT in compliance with the Civil Rights Act of 1964. The SERVICE AGENT will not discriminate against any employee, applicant for employment, or child because of race, religion, sex, national origin, age or handicapped condition. B. The SERVICE AGENT will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, sex, national origin, age, or handicapped condition. XIII.OFFICIALS NOT TO BENEFIT A. No officer, member or employee of COUNTY and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect in this contract or the proceeds thereof. XIV. TERMINATION A. Termination —Without Cause; This contract may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this contract shall be deemed given when personally delivered or mailed certified or registered United States Mail, postage prepaid, addressed as follows: Rite of Passage, Inc. 2560 Business Parkway, Suite A Minden, NV 89423 B. Termination—With Cause: Brazos County Juvenile Probation 1904 Hwy 21 W Bryan, TX 77803 The COUNTY may terminate this contract within thirty (30) days of delivery of written notice for SERVICE AGENT'S failure to achieve the defined goals, outcomes, strategies and outputs as set forth in the provisions and attachments to this contract and/or SERVICE AGENT'S failure to comply with all terms and conditions set forth in this contract. Notice of termination shall be deemed given to SERVICE AGENT when personally Page 9 of 79 Vol.— Pg._ ��— Alto o1 Passage, Inc. Brazos County Juvanlle Probation Department Residential Contract delivered or mailed certified or registered United States Mail, postage prepaid at the address listed above in Paragraph A — Termination —Without Cause, C. LIQUIDATED DAMAGES 1. In the event that this contract is terminated for cause by COUNTY, SERVICE AGENT agrees to pay COUNTY for any monies paid for services not rendered by SERVICE AGENT prior to the effective date of termination of this contract. XV.AMENDMENT COUNTY may amend, modify, or alter the terms of this Agreement and specify an effective date thereof. COUNTY will then notify SERVICE AGENT In writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by SERVICE AGENT will signify its acceptance of these changes. If SERVICE AGENT declines to accept changes made by COUNTY, SERVICE AGENT may terminate this Agreement subject to the conditions therein. XVI. LAW AND VENUE A. In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Brazos County, Texas. BRAZOS COUNTY JUVENILE BOARD RITE OF PASSAGE, INC. By: By; Doug Vance, Chief Caroli Jenkins -Bower Brazos County Juvenile Probation Services Chief inancial Officer Page 10 of 10 VOL /� /� �9'---� ON , 20 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Brazos County Com ion ourt R) p By: DI �2 lO wane Peters, County Judge Date 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Brazos County Juvenile Services Department Douglas Vance Date Chief Juvenile Probation Officer IVO 2-•j f .-p9•-S_� ACORD,„ CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlhcato does not confer rights to the cortlBcato holder In [leu of such ondomementfsl. 6110 E Union Avenue Suite 700 Denver CC 80237 (303).414-6000 Rite of Passage, Inc. 1 2560 Business Parkway, Suite A Minden, NV 89423 COVERAGES () I CERTIFICATE NUMBER: REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPEOFINSURANCE IANILSUER N50 MD POLICY NUMBERPOLICYEFF 13779277 POLICYE%P LIMITS A y I COMMERCIAL GENERAL LIABILITY CIAIMS,MAOE®OCCUR N N ZD4A672264-01 7/1/2016 7/12017 1000000 EACA1H �OCCURRENCE sea DEMIS TORENTED 1000000 IERPSA,onoperson)]000Q fAEO PERSONAL BADV INJURY S ] OOOOOO GENL AGGREGATE LIMIT APPLIES PER: POCY" Eo- 191 LOC OTHER GENERALAGGREGATE 3 3.000.000 PRODUCTS-COMPIOPAGG $ 3.000.000 S C AUTOMOBILE LIABILITY X ANYAUTO AL OWNED SCHEDULED AU OB AUTOS HIRED AUTOS AUTOQWNLO Ni N AW4A672005-01 7/12016 7112017 CE. MBIN INGLEU,rccre'll 3 1,000,000 BODILY NJURY (Par person) $ Y`SCOCX)a BODILY h4JURY(Per accldcnt 5 XXXXXXX pROPER srs AMAGE 3 )XXXXXX 3.XXXXXXX A J( UMBRELIALIAB EXCESS UAB OCCUR CLAIMSWADE N N UH4A672267-01 7/12016 7/12017 EACH OCCURRENCE $ $000000 AGGREGATE $ 8 000 000 DEO I I RETENTIONS $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPpCFpIETOnPMTAERE%ECUTIVE OFFICEPRAEM2FR ERCLLOEO] Menaeloyb IAM D�scwvnoncFOPEpAnoNs nae. NIA N RIWC704705 [112016 1/12017 P OTH- X STATUTE fL,fFCHOLCIDENT 3]000000 E.L.DISEISE-EAEMPLOYEE 1,000,000 E.L. DISEPSE- PoucvuMlT 1,, 1.000.000 A Property ProfLieb Soseal Mkcondun N N ZD4A672264-0I -57T7017 Ella Bldg S70,456,660 Blkf N. Propp 310,3'!3 000 SLM Ou, E3M agg EIM O., S31Aagg DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES [Anson ACORD 101, Additlonel Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION See Attachments ACORD 25 (2014101) @198"014 ACORD CORPOPOATION. All rights reserved The ACORD name and logo are registered marks of ACORD l%OI.���, J�7T SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13779277 AUTHORQEO REPRESENTATIVE For Information Only L ACORD 25 (2014101) @198"014 ACORD CORPOPOATION. All rights reserved The ACORD name and logo are registered marks of ACORD l%OI.���, J�7T 2'1 REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT is made by and between the BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas ("SELLER"), and Brazos Central Appraisal District (`BUYER"), upon the terms and conditions set forth herein. ARTICLE I PURCHASE AND SALE 1.1 SELLER agrees to sell and convey in fee simple by Special Warranty Deed with Vendor's Lien, and BUYER agrees to purchase and pay for the tract of land known as Brazos Place, Block 1, Lot 2, Brazos County, Brazos County, Texas, ("PROPERTY"), together with all and singular the rights and appurtenances pertaining to the PROPERTY, together with SELLER's interest in any improvements and fixtures situated on and attached to the PROPERTY, for the consideration and subject to the terms, provisions, and conditions set forth herein. This Contract by SELLER to sell the PROPERTY is subject to approval by the Brazos County Commissioner's Court; such approval indicated by signature of SELLER's representatives to this Contract. 1.2 Within ten (10) calendar days of the execution of this Contract, SELLER shall request Southland Title Company to furnish a Commitment for Title Insurance (the "Title Commitment") to insure indefeasible title to the BUYER for Buyer's review together with legible copies of all instruments referred to in the Title Commitment. The SELLER shall request the title company to furnish these items to BUYER within fifteen (15) calendar days of the date of this Contract. BUYER shall have a period of five (5) business days (the "Title Review Period") after receipt of the Title Commitment and the copies of the instruments referred to in Schedule B as exceptions within which to notify SELLER of BUYER's objection to any item shown on or referenced by those documents (the "Reviewable Matters"). Any Reviewable Matter to which BUYER does not object within the Title Review Period shall be deemed to be accepted by BUYER. If BUYER objects to any such Reviewable Matter and gives notice to SELLER as provided herein, SELLER may at its election, on or before closing, attempt to cure same. If SELLER fails to cure same by the closing date, or is unwilling to cure same, the closing date shall be extended for five (5) business days for BUYER to either (a) waive such objections and accept such title as SELLER is able to convey or (b) terminate this Contract by written notice to the Title Company and to SELLER, in which case the earnest money shall be refunded to BUYER, and neither SELLER nor BUYER shall have any further rights or obligations under this Contract. 1.3 SELLER shall provide a Survey, attached as Exhibit "A", showing, without limitation, 0 adjacent property lines, record ownership of adjoining properties, encroachments, easements, rights-of-way and other encumbrances of record. The survey shall reflect any encroachments onto or by the PROPERTY onto adjoining properties. BUYER shall have a period of five (5) 1 t 1.✓�� _. pg. business days (the "Survey Review Period") after receipt of the Survey within which to notify SELLER of BUYER's objection to any item shown on or referenced on the Survey. Any Reviewable Matter to which BUYER does not object within the Survey Review Period shall be deemed to be accepted by BUYER. If BUYER objects to any such Reviewable Matter and gives notice to SELLER as provided herein, SELLER may at its election, on or before closing, attempt to cure same. If SELLER fails to cure same by the closing date, or is unwilling to cure same, the closing date shall be extended for five (5) business days for BUYER to either (a) waive such objections and accept such title as SELLER is able to convey or (b) terminate this Contract by written notice to the Title Company and to SELLER, in which case any earnest money shall be refunded to BUYER, and neither SELLER nor BUYER shall have any further rights or obligations under this Contract. The description, as prepared by the surveyor, shall be used in the Special Warranty Deed. 1.4 SELLER is atax-exempt entity. 1.5 The sale of the PROPERTY shall be made by a Special Warranty Deed attached as Exhibit `B" from SELLER to BUYER in the form prepared by SELLER. ARTICLE 11 PURCHASE PRICE 2.1 The purchase price for said PROPERTY shall be the sum of THREE HUNDRED THOUSAND and no./1.00 Dollars ($300,000.00). The purchase price shall be payable at closing. 2.2 BUYER shall deposit ten percent (10%) of the purchase price as earnest money with Brazos County Abstract Company at Bryan, Texas; as escrow agent, upon execution of this Contract by both parties. 2.3 BUYER may terminate contract without recourse if BUYER is unable to secure funding for a suitable building to be placed upon the land. ARTICLE III REPRESENTATIONS AND WARRANTIES OF SELLER 3.1 SELLER hereby represents and warrants to BUYER as follows: (a) SELLER has the full right, power, and authority to enter into and perform its obligations under this Contract. (b) SELLER has no actual knowledge of any parties in possession of any portion of the PROPERTY, either as lessees, tenants at sufferance, trespassers, or other persons in possession. Additionally, SELLER has no actual knowledge of any action by adjacent landowners, or any natural or artificial conditions upon the PROPERTY, or any significant adverse fact or condition relating to the PROPERTY, which has not been disclosed in writing to BUYER by SELLER, which would prevent, limit, impede or render more costly BUYER's contemplated use of the PROPERTY. (c) SELLER has no actual knowledge of any pending or threatened condemnation or similar proceedings or assessment affecting the PROPERTY or any part thereof. SELLER has no actual knowledge of any such proceedings or assessments contemplated by any governmental entity. (d) If SELLER obtains actual knowledge of any such matter subsequent to the date of this Contract that would make any of the representations or warranties untrue if made as of closing, SELLER shall notify BUYER, and BUYER shall have the election of terminating the Contract and receiving back its earnest money, in which case neither party shall have any further obligation to the other. (e) SELLER is not a "foreign person" within the meaning of the Internal Revenue Code of 1986, as amended, Sections 1445 and 7701 (i.e., SELLER is not a non-resident alien, foreign corporation, foreign partnership, foreign trust or foreign estate as those terms are defined in the Code and regulations promulgated thereunder). (I) To the best of SELLER's knowledge there are no unpaid charges, debts, liabilities, claims or obligations arising from any construction, occupancy, ownership, use or operation of the PROPERTY, or the business operated thereon, if any, which could give rise to any mechanic's or materialmen's or other statutory lien against the PROPERTY, or any part thereof, or for which BUYER will be responsible. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF BUYER 4.1 BUYER represents and warrants to SELLER as of the effective date and as of the closing date that: (a) BUYER has the full right, power, and authority to purchase the PROPERTY from SELLER as provided in this Contract and to carry out BUYER's obligations under this Contract, and all requisite action necessary to authorize BUYER to enter into this Contract and to carry out BUYER's obligations hereunder has been obtained or on or before closing will have been taken provided the contract shall terminate without recourse if BUYER fails to receive approval of three fourths (314) of the taxing entities entitled to vote on the appointment of board members (Brazos County, City of Bryan, City of College Station, College Station ISD and Bryan ISD) for the acquisition of land and funding of a suitable building for BUYER. (b) BUYER will comply with all requirements of the bid specifications which is made part of this contract as Exhibit "C" of the terms conditions, covenants and restrictions of the sale. t F--- — \lch i'g Q ARTICLE V CLOSING 51 The closing shall be held at Brazos County Abstract Company within ninety (90) calendar days from the execution and tender of this Real Estate Contract by BUYER, at such time and date as SELLER and BUYER may agree upon (the "closing date"). 5.2 At the closing, SELLER shall: (a) Deliver to BUYER the duly executed and acknowledged Special Warranty Deed prepared by SELLER conveying good and indefeasible title in the PROPERTY, free and clear of any and all liens, encumbrances, except for the Reviewable Matters and subject to the BUYER's election to terminate this Real Estate Contract in the event BUYER disapproves of any Reviewable Matter, which objection is to be cured by SELLER on or prior to the closing as provided by Article I of this Contract. (b) Deliver possession of the PROPERTY to BUYER. (c) Deliver to BUYER, at SELLER's expense, a Title Policy insuring indefeasible title issued by Brazos County Abstract Company, in BUYER's favor in the full amount of the purchase price, insuring BUYER's fee simple interest in the PROPERTY subject only to such exceptions as shown on the Title Commitment and not objected to by BUYER prior to closing. (d) Prepare, at its cost, the Special Warranty Deed document. (e) Pay Yx of the escrow fees. (f) Pay the SELLER's expenses and attorney fees, if any. 5.3 Upon such performance by SELLER at closing, BUYER shall: (a) Pay the balance of the purchase price and all closing costs, with the exception of pro- rated taxes, at closing. (b) Pay Yz of the escrow fees. (c) Pay the costs to record all documents including but not limited to, the Special Warranty Deed from SELLER to BUYER. (d) Pay the BUYER's expenses or attorney fees. 4 L0 7- % Pg. / (c) Pay the additional premium for the survey/boundary deletion in the title policy, if the deletion is requested by BUYER. (fl Pay the costs of work required by BUYER to have the survey reflect matters other than those required under this Real Estate Contract. ARTICLE VI SPECIAL CONDITIONS 6.1 EXCEPT FOR THE REPRESENTATIONS CONTAINED IN THIS REAL ESTATE CONTRACT BETWEEN BUYER AND SELLER, BUYER ACKNOWLEDGES THAT SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). BUYER EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED "AS IS" AND "WITH ALL FAULTS", AND SELLER EXPRESSLY DISCLAIMS, AND BUYER ACKNOWLEDGES AND ACCEPTS THAT SELLER HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PROPERTY AND (iii) THE MANNER OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. BY BUYER'S ACCEPTANCE OF THIS REAL ESTATE CONTRACT, BUYER REPRESENTS THAT BUYER HAS MADE (i) ALL INSPECTIONS OF THE PROPERTY TO DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY BUYER, INCLUDING, WITHOUT LIMITATION, INSPECTIONS FOR THE PRESENCE OF ASBESTOS, PESTICIDE RESIDUES, HAZARDOUS WASTE AND OTHER HAZARDOUS MATERIALS AND (ii) INVESTIGATIONS TO DETERMINE WHETHER ANY PORTION OF THE PROPERTY LIES WITIHN ANY FLOOD HAZARD AREA AS DETERMINED BY THE U.S. ARMY CORPS OF ENGINEERS OR OTHER APPLICABLE AUTHORITY. ARTICLE VII 5 BREACH BY SELLER 7.1 In the event SELLER fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the PROPERTY for any reason except BUYER's default, BUYER may: (a) Enforce specific performance of this agreement; and/or (b) Bring suit for damages against SELLER. ARTICLE VIII BREACH BY BUYER 8.1 In the event BUYER fails to consummate the purchase of the PROPERTY (BUYER being in default and SELLER not being in default hereunder), SELLER shall have the right to bring suit against BUYER only for expectancy and incidental damages, if any. ARTICLE IX MISCELLANEOUS 9.1 Survival of Covenants: Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to the period of time following the closing date, shall survive the closing and shall not be merged by deed or otherwise be extinguished. 9.15 Brazos County at Brazos County's expense will remove the flu soil located upon the Property and adjacent lot to an undisturbed soil level on Property prior to closing. Seller acknowledges that the soil will be spread evenly upon Seller's property (formally a well site) located to the northewest of the Property. 9.2 Notice: Any notice required or permitted to be delivered by this Contract shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to SELLER or BUYER, as the case may be, at the addresses set forth below: SELLER: Brazos County Attn: Civil Attorney 300 East 261 Street Bryan, Texas 77803 BUYER: Brazos Central Appraisal District 1673 Briarcrest Dr., Suite A-101 Bryan, Texas 77803 --7 9.3 Texas Law to Apply: This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created by this Contract are to be performed in Brazos County, Texas. 9.4 Parties Bound: This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. The persons executing this Contract do so in their capacities as set forth below and in no other capacity whatsoever, and such persons shall have no personal liability for executing this Contract in a representative capacity. All such liability is limited to the principal for which they execute this document as a representative. 9.5 Invalid Provision: In case any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Contract. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of this Contract a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 9.6 Construction: The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 9.7 Prior Agreements Superseded: This Contract embodies the entire agreement of the parties and supersedes any and all prior understandings or written or oral agreements between the parties respecting subject matter within and may only be amended or supplemented by an instrument in writing executed by the party against whom enforcement is sought. 9.8 Time of Essence: Time is of the essence to this Contract. 9.9 Gender: Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 9.10 Multiple Counterparts: This Contract may be executed in a number of identical counterparts. If so executed, each of the counterparts shall, collectively, constitute but one agreement. In making proof of this Contract it shall not be necessary to produce or account for more than one counterpart. 9.11 Memorandum of Contract: Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. 7 F-1 List of Exhibits: A. Survey B. Special Warranty Deed C. Bid Specifications SELLER: B -OS�oUNTY BY: County Judge Date: ATTEST: i f County Clerk Date: /U -?—/(� BUYER: / Printed Name. Date: 9i z- z App(we_d log Comm►ssionas Ua4- - Qn 8-)&-16. 8 THE STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the g day of.Se Prnb&r, 2016, by & 11 L--ero the Buyer. mm LAS07A, State of TexasNot Public in and for the State of Texas slan ExpiresR 15, 2016 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This ment was acknowledged before me on the � day of 0661D ft' 2010 by as County Judge of the BRAZOS COUNTY, a Political Subdivison of the State of Texas. ""0.Y ly'• ,� .-, o •u DfTIIANY PA KSTRUM `## Notary Poblic No*Publicand r the State of Tex�;ras sTATV, OF TEXAS � `• �+�M,t�' My Comm. hxp.08/09/2019 W EXHIBIT "A" SURVEY to EXHIBIT "B" SPECIAL WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRHKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATE: GRANTOR: BRAZOS COUNTY, TEXAS GRANTOR'S MAILING ADDRESS: 300 East 261 Street Bryan, Texas 77803 GRANTEE: GRANTEE'S MAILING ADDRESS: (including county) Brazos County College Station, Texas 778_ 11 Vol. 3 _ P9.— �D CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration that is described in this paragraph. PROPERTY (including any improvements): All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Brazos Place, Lot Two (2), Block One (1), , an addition to the Brazos County, Brazos County, Texas, according to the Plat recorded in Volume Page , of the Official Records of Brazos County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made subject to all valid and subsisting easements, restrictions, rights-of-way, conditions, exceptions, reservations, covenants, oil and gas leases, mineral severances, and other instruments of whatsoever nature of record, if any; zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the described premises; rights of adjoining owners in any driveways, walkways, walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping improvements; taxes for 2016 from the date of closing which GRANTEE assumes. OTHER EXCEPTIONS TO CONVEYANCE AND WARRANTY: EXCEPT FOR THE REPRESENTATIONS, IF ANY, CONTAINED IN THIS SPECIAL WARRANTY DEED WITH VENDOR'S LIEN BETWEEN GRANTOR AND GRANTEE, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THATGRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY (ii) THE MANNER 12 f Val, - °Z 3-- Pg OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PROPERTY AND (iii) THE MANNER OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH RUPROVEMENTS. BY GRANTEE'S ACCEPTANCE OF THIS SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, GRANTEE REPRESENTS THAT GRANTEE HAS MADE (i) ALL INSPECTIONS OF THE PROPERTY TO DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY GRANTEE, INCLUDING, WITHOUT LIMITATION, INSPECTIONS FOR THE PRESENCE OF ASBESTOS, PESTICIDE RESIDUES, HAZARDOUS WASTE AND OTHER HAZARDOUS MATERIALS AND (ii) INVESTIGATIONS TO DETERMINE WHETHER ANY PORTION OF THE PROPERTY LIES WITHIN ANY FLOOD HAZARD AREA AS DETERMINED BY THE U.S. ARMY CORPS OF ENGINEERS OR OTHER APPLICABLE AUTHORITY. GRANTEE TAKES THE PROPERTY WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's successors and assigns, to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. The first vendor's lien and superior title retained in this deed secure payment of the first -lien note, and they are transferred to without recourse on Grantor. The second vendor's lien and superior title secure payment of the second -lien note, and all liens securing its payment are second, subordinate, and inferior to the first -lien note, and to all liens securing payment of the first -lien note. When the context requires, singular nouns and pronouns include the plural. BRAZOSCOUNTY 10 13 County Judge PC �U— ATTEST: County Clerk THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of 2016, by, County Judge of the Brazos County, a political subdivision of the State of Texas. PREPARED IN THE OFFICE OF: Brazos County Legal Department 300 East 261" Street Bryan, Texas 77803 14 Notary Public in and for the State of Texas p9. EXIHBIT "C" BID SPECIFICATIONS 15 voi. ;_%_ INVITATION TO BID SALE OF LAND IN PARK HUDSON BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 2016-195 Bryan, Texas 77803 Page 1 of 8 Telephone (979) 361-4292 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 9:00 a.m., Tuesday. July 26. 2016, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for sale of a 1.908 acre tract of land (more or less) located on Pendleton Drive, Bryan, Texas with the following definitions, term and conditions of bidding. DEFINITIONS, TERMS AND CONDITIONS The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: BRAZOS COUNTY - Same as County. BUYER - The successful Bidder of this bid request. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas, given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. CONTRACT - An agreement between the County and bidder for the sale of Real Estate COUNTY - The government of Brazos County, Texas and its authorized representative. OWNER - Brazos County Acceptance Upon acceptance and approval by the Commissioner's Court, or their designated official, this bid effects a contract between the County and the successful bidder. All bids will remain subject to acceptance by the County, for 90 days after the date of the Bid opening. Addenda If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. Owner is not bound by any oral representations, clarifications, or changes made in the written specification by Owner's employees, unless such clarification of change is provided to bidders in written addendum form from the Purchasing office. Addenda will be posted to the Brazos Valley Online Bidding System. However, it shall be the sole responsibility of the Bidder to verify issuance of any addenda to check all avenues of document availability prior to the opening date and time. Bidder shall acknowledge receipt of all addenda. Advertisement The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions. Applicable Laws All bidders will comply with all Federal, State, and local laws relative to conducting business in Brazos County. The laws of the state of Texas will govern as to the interpretation, validity, and effect of this bid, its award and any contract entered into. -- Bid Continuation Sheet Bid Request No. 2016-195 BRAZOS COUNTY, TEXAS Page 2 of 8 Assignments It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous written consent of County and any sureties. Award of Contract A contract may be awarded to the bidder who provides the best value for the County. In determining the best value for the County, the County may consider, but is not necessarily limited to, the following factors: a. conformity to specifications; b. the purchase price, including estimated closing costs; c. financial condition of bidder; d. the total long -tern cost to the County to sell the property; and e. any relevant criteria specifically listed in this request for bid. Although the purchase price offered is an essential part of the Bid, the County is not obligated to award a contract on the sole basis of price. The County also reserves the right to not award a contract to any party. Bid Results It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley Online Bidding System (www.brazosbid.cstx.gov) after bid award by Commissioner's Court. Bidder Tax Identification Number Bidder must include Tax Identification Number for the bid to be valid. Cancellation The County reserves the right to cancel this contract or any portion thereof immediately for buyers failure to comply with terms stated in contract. Certification Bids must be completed and submitted on the form included within the specifications of this bid. Certification of Bid must be fully completed and signed by an authorized representative. Collusion Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all proposals of that particular bid solicitation or request. Communication The County shall not be responsible for any verbal communication between any employee of the County and potential bidder(s). Only written specifications and price quotations will be considered. Confidentiality Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Disclosure Bidders are advised they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official or the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Exceptions The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. vol. P C 7� Bid Continuation Sheet Bid Request No. 2016-195 BRAZOS COUNTY, TEXAS Page 3 of 8 Indemnification The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract. Independent Bidder Nothing in this bid is intended nor shall be construed to create an employer/employee relationship between the contracting parties. Notification Brazos County uses multiple channels for the notification and dissemination of all invitations to bid. Approved methods of dissemination include: Brazos Online Bidding website or the Brazos County Purchasing office. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your bid non-compliant. Brazos County accepts no responsibility for the receipt or notifications of solicitations through any other source. Priority of Documents In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein, the latter will take precedence. Questions and Inquiries Questions and inquiries about this bid shall be submitted in writing via the Q&A feature available through Brazos Valley Online Bidding System at https://brazosbid.estx.gov . The deadline for written questions is Tuesday, July 19, 2016 at 5:00 p.m. Receipt of Bids Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized representative of the bidder. Firm name and authorized signature shall appear in each space provided. Reimbursements There is no expressed or implied obligation for Brazos County to reimburse responding bidders for any expenses incurred in preparing bids in response to this Invitation to Bid and Brazos County will not reimburse responding bidders for these expenses, nor will Brazos County pay any subsequent costs associated with the provision of additional information or presentation, or to procure a contract for sale of property as specified herein. Reservations The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. The County reserves the right to reject any bid that does not fully respond to each specified item. Satisfaction All terms and conditions of the contract, and specifications must be satisfactorily met; including the submission to the County of any and all documentation as may be required before award recommendation will be submitted to Commissioner's Court. Severability The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. I Bid Continuation Sheet Bid Request No. 2016-195 BRAZOS COUNTY, TEXAS Page 4 of 8 Terms and Conditions Should this bid include any of the County's Standard Contracts, all bidders shall be required to thoroughly read and understand the terms, conditions and provisions in these documents. The successful bidder shall be responsible for compliance with these terms and conditions, All required Certificates of Insurance and endorsements will be required before award recommendation is taken to Commissioner's Court. Any exceptions taken to County's standard contracts may cause bid to be considered non-responsive. Tax Exempt Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxes. Venue Any resulting contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas. Withdrawal Bids cannot be altered after receiving time. Bids may not be withdrawn after opening time unless approved by the Purchasing Agent. SPECIAL PROVISIONS Contract for Sale If bidding on this property, the attached Contract for Sale of Real Estate, must be completed and submitted along with a certified check in the amount of ten percent (10%) of the bid amount made payable to Brazos County Abstract Company to be used as earnest money. Political subdivisions of the State are exempt from this requirement. Checks will be returned to the unsuccessful bidders upon award of contract. Inspections The property described herein may be viewed by appointment only. Appointments may be made with Darrell Kolwes, Right -of -Way Agent, at 979-277-2273, during normal business hours. Bidder acknowledges that the Brazos County has provided the Bidder with the opportunity to inspect the property prior to bidding on and/or purchasing the property and the Bidder has or has not so inspected the property at his, or her, sole discretion. Bidder acknowledges that the decision to purchase the property is entirely their own and the Bidder has not relied on any representation or warranty made by any officer, employee, or agent of Brazos County in deciding to purchase the property. Each bidder shall be held to have examined the property under consideration and confirm that he, or she, fully understands and is cognizant of all factors related to the sale of the property listed herein. Closine The bidder shall close on the transaction within (90) calendar days of notice from the Brazos County of the award of bid. The successful bidder will be responsible for closing costs associated with the transaction, if any, and any real estate fees that may be incurred by the Buyer as stipulated in the attached Contract for Sale of Real Estate. The Contract for Sale of Real Estate must be completed, signed, notarized and attached to the bid along with the required ten percent (10%) of the bid amount for the property bid upon by Bidder. Financine Purchaser must arrange their own financing and complete the closing transaction within (90) calendar days of the bid award; additional time may be considered under special circumstances. Bidder may elect to include, in his/her bid, evidence of financing or availability of funds to complete this transaction. The County will not pav seller points, closing costs, real estate commissions or real estate transaction fees. Omissions The apparent silence of specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this requirement. The Buyer is responsible for meeting or exceeding all Federal, State of Texas, and local safety, health, and traffic regulations and standards in effect and applicable at the time of award. The Buyer is responsible for obtaining all appropriate permits when required. pc Bid Continuation Sheet Bid Request No. 2016-195 BRAZOS COUNTY, TEXAS Page 5 of 8 SPECIFICATIONS General Brazos County is authorized to sell real property by utilizing the sealed bid procedure in accordance with Texas Local Government Code §263.007. The real property offered for sale by sealed bid is generally described as follows: A 1.908 acre tract of land, more or less, located on Pendleton Drive, Bryan, Texas. Leeal Description 1.908 acre tract of land, more or less, in J. W. Scott League, A-49, Bryan, Brazos County, Texas, being all of that 1.908 acre tract conveyed to the Brazos County by Deed recorded in Volume 12354, Page 200, Official Records of Brazos County, Texas. Improvements Buildings: None Site Improvements: None Landscaping: Native grass with trees Property Value Pursuant to Texas Local Government Code §263.007, the Commissioners' Court shall determine a minimum bid amount, based on the appraisal. The minimum bid amount is established to be $300,000.00. Location Map Attached hereto as Attachment A. Zoning PD, Planned Development District Surveys Attached to the Contract for Sale of Real Estate as Exhibit B and Exhibit C are the metes and bounds descriptions and survey plat completed by Strong Surveying. Notes Anv structure constructed by the Purchaser must be in conformance with the City of Bryan Zoning Ordinance (Planned Development) The Purchaser is required to pay dues assessed by the Park Hudson Property Owners' Association. BID FORM Bidder hereby offers and agrees, if this bid is accepted, to purchase the property identified herein for the firm fixed price entered below. Property Description: 1.908 ACRE TRACT OF LAND (MORE OR LESS) LOCATED OFF OF PENDLETON DRIVE, BRYAN, BRAZOS COUNTY, TEXAS Legal Description: 1.908 acre tract of land, more or less, Lot 2, Block 1, Brazos Place, City of Bryan, Brazos County, Texas, by Deed recorded in Volume 12354, Page 200, Official Records of Brazos County, Texas. Minimum Bid Amount: Three Hundred Thousand and .00/100 Dollars ($300,000.00) Bid Amount: Bid Amount in Words: and.—/100 Dollars (Transfer bid amount to Real Estate Contract,I,Article II, Purchase Price) R I 'Vol. 1 ✓, c-, Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2016-195 Page 6 of 8 • Sealed bids shall include: Bid Form, Contract for Sale of Real Estate (completed, signed and notarized by bidder), Certification of Bid, and a certified or cashier's check in the amount of ten percent (10%) of the bid amount made out to Brazos County Abstract Company to be used as earnest money. VOL J J�_ pa.. 7� Bid Continuation Sheet BRAZOS COUNTY, TEXAS CERTIFICATION OF BID Bid Request No. 2016-195 Page 7 of 8 The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. SIGNED BY: TYPED NAME: TITLE: COMPANY NAME: PHONE: MAILING ADDRESS: P.O. Box or Street City TX Zip EMAIL ADDRESS: VENDOR TAX IDENTIFICATION NUMBER: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2016-195 By signing below, Brazos County agrees that this bid, 2016-195, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. M1 Brazos County Commissioner's Attest: Brazos County Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to 2016-195 Sale of Land in Park Hudson Issued: July 21, 2016 Change: Clarification; Correction and Extension of Question Deadline Reason: Bid Clerical Error The deadline for questions is extended until 2:00 P.M. Monday, July 25, 2016. All references to Local Government Code §263.007 should have referenced Local Government Code §272.001. This addendum removes references to Local Government Code §263.007 and replaces them with Local Government Code §272.001. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: pql p E OF i Brazos County Purchasing Department t 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #2 to 2016-195 Sale of Land in Park Hudson Issued: July 21, 2016 Change: Extension of Submission Deadline Reason: To provide additional bid exposure to potential bidders The deadline for bid submission is extended until 2:00 P.M. Tuesday, August 2, 2016. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: Signature: Printed Name: Google earth feet; 600 metersi loo Vol 023 7 Pg ,fes b + rS i 7 sic 9 allh Fd zo Fd � o`aHsp� II � B R B R i { $ai {� dts Jag I� a a = yl I Ngg W &Ase Bt I O 00 U_ VI j U )UiG6 w0 J M 0 co K�nKNr c�\g u I. �oa�nng Iii '1 S o aa �KOOn O�VONF , II I �J VG Ub OG� 1 mk<JN1NJ o a ONIjOpF > m O VrI � m I r g 00� m ' gpS 0 08 ad: 00„ m 1 Fry I Fd zo Fd � o`aHsp� II � B R B R i W &Ase p r, S VrI � m I r g 00� m ' gpS 0 08 ad: 00„ m 1 Fry I Fd zo Fd � o`aHsp� II � Enlarged Final Plat 1 ~� r r PM 1 ' 1 LOT 2 ' BLOCK 1 1.908 acres I I � 2r RDE PARI( H DSON PRGPCM ' D1wERS ASSOC. M LMOStJR AND PU C AOCESS UIEMIENf 1 (IA95 ACRES) VOL. 3813. PQ ]+sMao r r Vol> I Pg. �'/_� OPTION AND RIGHT OF FIRST REFUSAL THE STATE OF TEXAS COUNTY OF BRAZOS THIS OPTION AND RIGHT OF FIRST REFUSAL (this "Agreement") is made by and among BRAZOS COUNTY, a political subdivision of the State of Texas (hereinafter collectively referred to as "Seller") and BRAZOS CENTRAL APPRAISAL DISTRICT (hereinafter referred to as "Buyer") upon the terms and conditions set forth herein. Whereas, Buyer has agreed to. purchase 1.9 acres of land from Seller, and both parties wish to provide for the option for Buyer to obtain an additional .25 acres. NOW THEREFORE, in consideration of the mutual covenants and promises recited herein, the Buyer and Seller agree as follows: Grant of Option. In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Seller hereby grants to Buyer the option to purchase that certain real property containing approximately one quarter (114) acre, in the City of Bryan, Brazos County, Texas, being more particularly shown in Exhibit "A" attached hereof and made a part hereto (the "Property"), togetherwith all and singularthe rights and appurtenances pertaining thereto, and any and all right, titieand interest of Seller in and to (1) adjacent streets, alleys orstrips or gores, and any easements, rights-of-way or other interests, in, on, underor to, any land, highway, street, road, right-of-way or avenue, open or proposed, in, on, under, across, in front of, abutting or adjoining the Property, together with any Improvements, fixtures and personal property situated on and attached to the Property. Tenn of the Ootion. Twelve (12) Months from the execution of this Agreement b. Method of Exercise. Buyer shall exercise the option granted in this Agreement by Buyer's delivery to Seller of written notice at least thirty (30) days prior to the expiration of this Agreement. If Buyer does not exercise the option granted in this Agreement, Buyeragrees to execute and deliver to Seller an instrument in recordable form declaring that the Property is no longer subject to this Agreement. C. Purchase Price. If Buyer exercises the option granted in this Agreement, the purchase price for the Property shall be $3.60/sq.ft., payable as described herein. 2. Grant of Right of First Refusal, For as long as this Agreement is In effect and provided Buyer is not in default hereunder, Seller shall not enter into an agreement to sell the Property without complying with this grant of right of first refusal. For as long as this Agreement Is in effect and provided Buyer is not in default hereunder, Buyer shall have a right of first refusal, pursuant to the terms and conditions of this paragraph, to purchase the Property. Pursuant to the foregoing, if while this Agreement is in effect, Seller receives a bona fide third party offer (the "Offer") to purchase the Property, Seller shall deliver to Buyer a written notice (the "Notice") which shall summarize the material terms and conditions of the Offer. Through and until 5:00 p.m., Central Standard or Central Daylight time, as appropriate, on the twentieth (20th) day following the date Seller delivers the Notice to Buyer (the "ROFR Period"), Buyer shall have the exclusive right to elect to purchase the Property at the price and on the other terms set forth in the Notice.. If Buyer elects to exercise such right, Buyer must deliver written notice to Seller of such election within the ROFR Period, and Buyer shall then be obligated to purchase the Property. In the event Buyer does not elect to exercise such right, or if after advising Option and Right of First Refusal Page 1 of 7 Seller that Buyer desires to exercise such right, Buyer fails to close the purchase of the Property according to the terms and conditions of this paragraph, then Seller may consummate the proposed transaction with such third party upon the terms and conditions specified in the Offer. The failure of Buyer to notify Seller as provided above shall be deemed an election by Buyer not to exercise such right to purchase the Property. If Seller does not consummate the originally proposed sale with the third party offeror according to the terms and conditions set forth in the Offer, then the right of first refusal shall continue In Buyer for the balance of the term of this Agreement. Under no circumstances shall Buyer's right of first refusal hereunder extend beyond the earlier of (1) the termination of this Agreement. Notwithstanding anything contained herein to the contrary, ,provided Buyer is not in default hereunder, during the term of this Agreement, Seller shall not solicit offers for the sale of the Option Property. 3, TERMS AND CONDITIONS OF PURCHASE OPTION a. Survey. Buyer, at his sole cost and expense, shall cause to be prepared and delivered to Buyer and the Title Company, as hereinafter defined, within fifteen (15) days after Buyer's exercise of the option or right of first refusal granted in this Agreement, two (2) current plats of survey of the Property (hereinafter referred to as the "Survey'), and a field note description thereof, prepared and certified to Buyer and the Title Company as to all matters shown thereon by a registered public surveyor or a registered professional engineer duly and currently licensed by the State of Texas and acceptable to the Title Company. The Survey shall accurately locate all easements and rights-of-way (and identify same by volume and page reference, If applicable), all existing buildings, improvements, fences, encroachments, water courses and flood plains, conflicts and protrusions (including the location of all highways, streets, roads, easements, alleys and rights-of-way upon or adjacent to the Property) which are visable on the ground or listed on the title commitment, and shall set forth the outside perimeter of the Property. The Survey shall contain a certificate specifically verifying: (i) that the Survey was made on the ground of the Property; (ii) that the Survey is correct; (iii) thatthere are no visible discrepancies, conflicts, encroachments, overlapping of Improvements, fences, evidence of abandoned fences, water courses, uses, easements, streets, roads or rights-of-way except as are shown on the Survey; (iv) the number of total acres of land within the exterior boundaries of the Property; and (v) that the Survey is a true, correct and accurate representation of the Property. The surveyor shall also locate any portions of the Property falling within any flood plain area or within an area designated as having special flood hazards by any official of any federal, state or local government or any instrumentality thereof and shall certify that no portion of the Property falls within any such area except if and as shown on the Survey. b. Payment of Purchase Price. Buyer shall pay the purchase price for the Property in cash (or cashier's check, certified check, or other funds satisfactory to the Title Company) at the Closing. C. Good and Indefeasible Title. Seller represents, warrants and agrees that he now has, and, at the time of the Closing hereunder, he will have and will convey to Buyer by Special Warranty Deed, good and marketable title in fee simple to the Property. d. Title Commitment. Within fifteen (15) days after Buyer's exercise of the option or right of first refusal granted in this Agreement, Seller shall furnish to Buyer a current Commitmentfor Owner Policy of Title Insurance (the 'Title Commitment') issued by Southland the ('Title Company'), showing good and marketable title to the Property in Seller and committing to issue to Buyer an Owner Policy of Title Insurance, such Tide Commitment to specify all easements, restrictions, rights-of-way, covenants, liens, encumbrances, reservations and other conditions, if any, affecting the Properly, Seller shall additionally furnish to Buyer legible Option and Right of First Refusal Page 2 of 7 Vol Z Z, Py. Pl'- copies of all documents referred to in the Title Commitment. Buyer shall have a period of fifteen (15) days after receipt of the Title Commitment and the Survey, together with the legible copies of all documents referred to in the Title Commitment to review such documents. Should the Title Commitment, Survey or other documents show any matter which is unsatisfactory in the opinion of Buyer, Buyer shall notify Seller of such fact within fifteen (15) days of the receipt of the Title Commitment, Survey and documents. Seller shall eliminate or modify such unacceptable matters to the satisfaction of Buyer. In the event Seller is unable to do so within fifteen (15) days thereafter Buyer may terminate this Agreement by notice in writing to Seller, or may accept such title as Seller can deliver. In the event of such termination, the parties shall have no further rights or obligations hereunder. e. Owner's Title Policy. Seller agrees to furnish to Buyer an Owner Policy of Title Insurance, issued by the Title Company in Buyer's favor in the full amount of the purchase price, insuring that Buyer owns fee simple and marketable title to the Property subject only to those title exceptions as may be approved by Buyer. Said Title Policy shall delete the standard general exceptions contained in the usual Owner Policy of Title Insurance for rights or claims of parties in possession not shown by the public records, for encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises, for easements or claims of easements not shown by the public records, and for any lien or right to a lien, for services, labor, or materials heretofore or hereafter furnished, Imposed by law and not shown by the public records, shall modify the exception for taxes and special assessments which are not shown as existing liens by the public records by limiting the exception to taxes which are not yet due and payable and by deleting the reference to special assessments, and shall include all available endorsements to an Owner Policy of Title Insurance, Including, without limitation, the endorsement insuring proper zoning of the Property. f. Closing. The Closing of the purchase of the Property shall be held at the office of the Title Company three (3) months from the date Buyer exercises the option or right of first refusal granted in this Agreement (unless such date is a Saturday, Sunday or legal holiday, in which event such date shall be the next succeeding business day); or at such other time, date and place as Seller and Buyer may mutually agree upon (which date is herein referred to as the "Closing Date"). At the Closing: g. Seller shall: Deliver to Buyer a duly executed and acknowledged Special Warranty Deed conveying the Property to Buyer, subject only to such exceptions to title approved by Buyer, In form reasonably acceptable to Buyer; and ii. Deliver to Buyer the Owner Policy of Title Insurance. h. Buyer shall pay Seller the purchase price in cash (or cashier's check, certified check, or other funds acceptable to the Title Company). General real estate taxes for the then current year relating to the Property and rents (if any) shall be prorated as of the Closing Date and shall be adjusted in cash to Buyer at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate.for the next preceding year applied to the latest assessed valuation, provided that if the taxes for the current year increase or decrease over those for the preceding year, Seller agrees to pay Buyer, or Buyer agrees to pay Seller, as the case may be, a pro rata part of such increase or decrease, as the Option and Right of First Refusal Page 3 of 7 case may be, computed to the date of Closing. All special taxes, charges and assessments affecting the Property, including those which are or may become payable in installments, of which the first installment is then a charge or lien, or has been paid, shall be deemed due and payable and to be liens upon the Property and shall be paid and discharged In full by Seller at Closing, Including installments which otherwise would be due and payable after Closing. All other Closing costs, including, without limitation, recording and escrow fees, shall be paid one-half (112) by Seller and one-half (112) by Buyer. Seller hereby agrees to indemnify Buyer for, and hold it harmless from, any and all costs and expenses incurred by reason of subsequent assessments for periods prior to the date Buyer acquired the Property due to change in land usage or ownership. Possession of the Property shall be delivered. 4. Real Estate Commission. Seller and Buyer each hereby warrant and represent to the other that no brokers', agents' or f nders' fees or commissions or other similar fees are due orarising in connection with the entering into of this Agreement or the sale and Buyerof the Property. Seller hereby agrees to indemnify and hold Buyer harmless from and against all liability, loss, cost, damage or expense (including but not limited to attorney's fees and costs of litigation) which Buyer shall. suffer or incur because of any claim by an broker, agent or finder claiming by, through or under Seiler, whether or not such claim is meritorious, for any compensation with respect to the entering into of this Agreement or the sale and purchase of the Property. 5. Representations and Warranties of Seller. In addition to the representations and warranties contained in other paragraphs of this Agreement, Seller will as of the Closing Date make the following representations and warranties which shall be true and correct as of the Closing Date, and shall survive the Closing: a. There is no pending or threatened condemnation or similar proceedings or assessments affecting the Property, or any part thereof, of which Seller has notice, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. b. Seller represents that he has received no notice and has no knowledge of any pending improvement liens or special assessments to be made against the Property, or any part thereof, by any governmental authority. C. Seller represents and warrants that, to the best knowledge and belief of Seller, no litigation is either pending or threatened, seeking (i) to enjoin the consummation of the sale and purchase hereunder, (ii) to recover title to the Property, or any part thereof or any interest therein, (iii) to increase substantially ad valorem taxes theretofore or thereafter assessed against the Property, or (iv) to enjoin the violation of any law, rule, regulation, restrictive covenant or zoning ordinance that may be applicable to the Property. d. Seller has not made any commitment to any governmental authority or to any third party to dedicate or grant any portion of the Property for any public purpose, to construct any recreational facilities, to grant any restrictions or to incur any other expense or obligation relating to the Property. e. Seller has complied with all applicable laws and restrictions affecting the Property. 6. Termination and Remedies. Notwithstanding anything to the contrary herein contained, in the event that any of Seller's representations and warranties contained herein are untrue in any material respect Option and Right of First Refusal Page 4 of 7 on the Closing Date, or Seller shall have failed on the Closing Date to have performed any of the covenants and agreements contained herein which are to be performed by Seller on or before the Closing Date, or If any condition precedentto Buyer's obligations hereunder shall not be fulfilled, or if the state of title to the Property has changed adversely from the date on which Buyer has accepted tithe, Buyer may, at its option, either: (i) waive the breach or nonfulfillment of any such representation, warranty, agreement or covenant, extend the Closing Date and cure such change in title and reduce the purchase price payable at Closing by an amount equal to the sum of money necessary to cure such adverse change in title, or (ii) terminate this Agreement by giving written notice of termination to Seller on or before the Closing Date. If this Agreement is terminated by Buyer or Seller pursuant to the express provisions hereof or pursuant to the mutual agreement of the parties. hereto, Seller and Buyer shall have no further obligation or liabilities to the other hereunder, If Seller defaults in performing any of his obligations hereunder for any reason, except Buyer's default, or termination of this Agreement by Buyer pursuant to the provisions hereof, Buyer may either terminate this Agreement, enforce specific performance of this Agreement or bring suit for damages against Seller. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs and expenses reasonably incurred, including reasonable attorney's fees. Miscellaneous a. Assignment of Agreement This Agreement may not be assigned by either party. b. Survival of Covenants. The representations, warranties, covenants and agreements of the parties shall survive the Closing and the delivery of the deed by Seller to Buyer. C. This Agreement embodies the entire agreement between the parties and cannot be varied except by the written agreement of the parties. d. All the terms and conditions of this Agreement are hereby made binding on the successors and assigns of both parties hereto. e. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. f. The captions used in connection with paragraphs of this Agreement are for convenience only and shall not be deemed to construe or limit the meaning of the language of this Agreement. Notices. Any notice of communication required or permitted hereunder shall be given in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mall, postage prepaid, registered or certified mail, addressed as follows: TO SELLER: Brazos County Attn: Civil Attorney 300 East 26th Street Bryan, Texas 77803 TO BUYER: Brazos Central Appraisal District 1673 Briarcrest Dr., Suite A-101 Bryan, Texas 77803 Option and Right of.First Refusal Page 5 of 7 h. Delivery of Data. Seller agrees to deliver to Buyer at the time of execution of this Agreement by Seller, free of charge and at no cost of the Buyer, all engineering and architectural data heretofore caused to be prepared with respect to the Property. [THE SIGNATURE LINES APPEAR ON THE NEXT PAGE) Option and Right of First Refusal of- 2 Page 6 of 7 IN WITNESS WHEREOF, this Agreement was executed on the dates Indicated below. 'BUYER: By: CAI-, �2 A -J Title Date: 2 i RFI 1 FR. Date: 1'o- 7 State of Texas A't)t) f CN4 fJU 'Ut/► m i&s i �+nas liQ l,( o-- On 94-116 •,r1 JJJ� County of Brazos This instrument was acknowledged before me on the o'day of P 2016, by i I I L-�Y'O the Buyer. � J, 01 - NOTARY PUBLIC, STATE OF TEXAS PRINTED NAME OF NOTARY=W-F ALASOTA MY COMMISSION EXPIRES: 1 %P1ic, State of Texasission ExpiresBER 15, 2016 State of Texas County of Brazos Thi instrument was acknowledged 206, by �, as County Subdivison of the State of Texas. t,' III n r a-� nl"I'l1ANY F.CKSTROM r°,• t Nutley 141b1ie 3TsrV OF TFXAS My ('omm. Exp. 09IM/2019 .w MY COMMISSION EXPIRES: ?Ig I Iq Option and Right of First Refusal before me on the I day of , udge of the BRAZOS COUNTY, a Political -;,i. _-7_ Page 7 of 7 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, -1'S 77803 PHONE (979) 361-4290 FAX (979) 361-4293 JUIY 27, 2016 Mobile "Pots hie. 909 University Dr. East College Station. TX 778410 979-268-6066 Dear Chris, Re: Renewal of Cmetraet for Vehicle Equipment Installation fitr Brazos County, Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Vehicle Equipment Installation 17-apI R. previously known us 2014-77. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from September 24, 2016 to September 23, 2017. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to crtorton@brazoscountyu.gov or fax to (979) 361-4293. please then submit the original signed documents and an Updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I nmy be reached at (979) 361-4291. Contact Name: ,Z,Ia, li:� I'� 'FeIepho 11e: C', - „'�, �,'/<Q/ BRA% ' COIJ:'"I'1' Duane Peters, Cuunl,% Judge r Date Dale C 17 001 R VEHICLE EQUIPMENT -INS LAI ION pre�tously kno\\ as �01�-77 ` �a' f' t i bJi, i t � -G-t. 17py A ir. ti .><•HtJtvR W9F .ry I ERAS `n 7ABI.11A1IbN + 1 -Cs MOBILE MOBILE TON'S INC. q,4 a4'Y'. •^ r...xU +a..4r.'Y r,ev dq x.; COMMUVICA'UONs ITEM NO. ITEM DESCRIPTION TIME TO INSTALL I.) Partition w/ lower plate 2.5 3 l � 2.) Console w/ armrest and cu holder - 1 t , �� 1.5 3. Overhead Lielabar 2 2 2 4.) Siren e•Ispeaker x -.! -:1 ,$�':, r_P -1:5 5.) Gun Bos (trunk mounted) 61 e(.: t. 1.5 t 'mac! r eI -1 " G.) Cameras stem 4 5 .v 7.) Com wcr Mount .�Iwr•;•-.' 2 S.) Meade Radio w7 antenna t I �9 � re I :15 DASII / 3 TRUNK > 2 DAl'A RAD101 9.) Data Radio w/antenna 1 51.5 - �`'"-• r; •" 1.5 VML '_ 10.) Power Distribution Panel ,t,ryt 7 ✓_L t ! 1 t `1 t, n �t...", t 11.) Rear Plastic Seat w/Boor Pop 1.5 2 12.) Radar Unit w/ametu,a U.) Two Wav Radio w/antenna 14.) Hidc-away strobe light s 25 1 HR. PER STROBE 2.5 15.) Deck/dash lights 1 cr t -+t .-, 14 - 2 16.) Bead light Bashers 1. > - 17.) Tail light flashers I PER STROBE' a LS.) Remote strobe head L$ 4'f(>I)\f. ,t 'n r 19.) 19.1 Push bumper 3.5 2.5 "".l 2 •- 20.) Lighter Outlet `3 wav) 03 ,:. ri. I 'R 0.5 �`��;.'_..r ° ':� P,.a..., a, FLAT, RATE r'.✓•:n pp. n"R§'a`5°�r"t2 p` -4��'.COS xn ,_,._COST�,L ,..; .iiCOST a,��:''? 21.) Hourly Rate For Installation SG5.00 $65.00 •S50.00'. 22,) Removal/1lninstall of old equipment(Bat rate per vehicle) - $300.00'�f ;;.. $390.00 S400.00 597.50DASH/ ". •'-• 23.) Installation of Mobile Radio Only (flat rate per vehicle) 5125.00 SI30 TRUNK --S100.00 �. 24.) Installation of Two Wa • Radio Onl • (Rat rate per vehicle) 25.) Installation of Items I - II (Rat rate Per vehicle) ° S850.60, P, SI,462.50 51,000.00 26.) Warranty: to include labor and supplied parts I year Life o(instail Lifetime 2-cle-armerd Aa '• Mobile ToxS 4pprnced yCom 'ssioner'SCourtn his day of ( /•r,�(,-J' ,2016 by Z_ _ the position of_ ✓_�(.��� ✓ FIRST AMENDMENT TO SERVICE AGREFMF.NT THIS FIRST AMENDMENT TO SERVICE AGREEMENT ("Amendment') is entered into and effective this _ day of July; 2016 ("Effective Date") by and between Brazos County ("Customer"), and Airbus DS Communications, Inc: ("Airbus DS Communications"), each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain Service Agreement dated June 10, 2015 (''Agreement") for purposes of Airbus DS Communications' provision of the Service; and WHEREAS, the original Customer in the Agreement was mistakenly listed as Brazos County Office of Emergency Management; and WHEREAS; the Parties desire to amend the Agreement to correctly identify the Customer and to extend the term and pricing as set forth in Proposal 031516-B. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: The Customer is Brazos County, which shall replace the Customer shown in the Original Agreement. 2, The Agreement shall be extended for one (1) years until September 30, 2017 ("Extended Term"). 3. The tee and services for the Extended Term shall be as set forth in Proposal 031516-B, a copy of which is attached hereto and incorporated herein. 4. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All. other terms of the. Ag=reement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be. executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BRAZOS COUNTY Signaan e e rs Name �oknJ ci W61e Tide AIRBUS DS COMMUNICATIONS, INC. J )JS2 Signature Name Titre Date 30 WEST ORDER FORM 610 Opperman Drive, P.O. 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Date account unless im on For Internal Use Only (Rep to complete for telephone print orders only) By signing and completing below the Rep certifies that he/she discussed subscription tenns with Subscriber and has initialed the subscription services sections above on behalf of the Subscriber. Date: Time: Name of Customer Placing Order: Signature of Rep: 6/1/16 _ Am Ex Total Amt to Charge for this Order mic funds transfers have been separate SAMIneI`r C' 8.dot 3). BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 16, 2016 SUBJECT: Settlement Agreement and Release Consider and take action on a settlement agreement and release with Alston Thorns and Patricia A. Clabaugh for compensation for use of their property during the construction of a temporary detour and replacement of a roadway culvert on Rustic Oaks Drive. The compensation is in the amount of $1,000.00. Site is located in Precinct 2. SUBMITTED BY: Q,QL,74L, Darrell W. Kolwes Right of Way Agent ACKNOWLEDGED BY: mmy C ena Commi sioner Precinct 2 This request is�PROVED /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: %h2 0 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement (the "Agreement") is entered into by and between Brazos County, a political subdivision of the State of Texas ("County") and Alston Thorns and wife, Patricia A. Clabaugh (collectively, "Landowner") Part II: Preamble As a preamble to this Agreement, the Parties agree to the following: A. A culvert pipe located in County Right of Way was damaged and was creating a public health and safety problem on Rustic Oaks Drive, a road accepted into the County Road System. B. The County found it necessary to replace said culvert. During the culvert's replacement, it became necessary for the County to obtain a Private Property Access Agreement from the Landowner, whereby the County could divert traffic from the Rustic Oaks Drive Right of Way, across the Landowner property. See attached Exhibit "A", incorporated herein for all purposes. C. The Landowner executed the Private Property Access Agreement and allowed the County access through their property during the culvert removal and replacement. Additionally, the Landowner further agreed to allow other residents of the subdivision to cross the Landowner's property for temporary access to homes located within the Rustic Oaks Subdivision. D. Upon completion of the culvert removal and replacement, the County was required to restore the Landowner Property to its original condition, as close as therein possible. E. During the culvert replacement, the County had to remove rosebushes from the Landowner property. The County made every effort to care for the rosebushes while they Vol. � � �- pg' /?/-- remained extricated from the ground. F. Additionally, while the County replaced the culvert, it also removed debris from the drainage easement, including trees and shrubs. G. It was later discovered that Landowner had nurtured and cared for those trees and shrubs that had been removed. H. This Agreement is a compromise by the Parties of all matters in dispute between them arising from the removal/replanting of the rosebushes, the removal of trees and shrubs from the drainage easement, and any other work that was conducted in relation to the Private Property Access Agreement. As a result of a mutual desire to settle their disputes, the Parties have reached a full and final settlement as set forth in this Agreement. J. This Agreement does not constitute an admission of fault or liability by County, nor does it constitute evidence of any liability or unlawful conduct on the part of County, and the Landowner will not urge or seek to admit this Agreement as evidence of any fault or liability of County in any administrative or court proceeding. K. The County and Landowner have both independently concluded that this settlement is fair, adequate and reasonable under all the circumstances. Part III: Terms and Conditions NOW, THEREFORE, in consideration of the mutual promises, covenants, and obligations set forth below, and for good and valuable consideration as stated herein, the Parties agree as follows: Ineorporation of Representations 1) The foregoing Preamble is incorporated herein. I The Settlement Payment 2) County agrees to pay the sum of ONE THOUSAND DOLLARS AND NO/100ths ($1,000.00) (the "Settlement Amount") in full settlement including, restitution, and compensatory damages related to the Private Property Access Agreement, the use of the Landowner property for temporary access both by the County and public at large to Rustic Oaks Drive, and any damages to trees, shrubbery and the Landowner property. 3) In consideration of the obligations of County set forth in this Agreement, conditioned upon County's payment in full of the Settlement Amount specified herein, Landowner (on behalf of themselves, their agents, heirs, successors and/or assigns) agree to refrain from instituting any claim or action seeking further restitution or damages from the County. 4) Landowner fully and finally releases the County, its agents, agencies, employees, servants, attorneys and departments from any claims based on events occurring prior to the date of this Agreement (including attorneys' fees, costs, and expenses of every kind and however denominated) which Defendant has asserted, could assert, or may assert in the future against the County, its agents, agencies, employees, servants, attorneys and departments, related to the Private Property Access Agreement, the use of the Landowner property for temporary access both by the County and public at large to Rustic Oaks Drive, and any damages to trees, shrubbery and the Landowner property. 5) Any party shall be entitled to enforce the terms of this Agreement in the County Courts at Law of Brazos County, Texas, which shall have exclusive jurisdiction and venue over any such action. 6) This Agreement, including all exhibits, constitutes the complete agreement between the Parties and may not be amended except by written consent of the Parties. 7) This Agreement is governed by the laws of the State of Texas. No Duress 8) All P arties represent that this Agreement is freely and voluntarily entered into without any degree of duress or compulsion whatsoever. Authorization 9) The Parties have read the foregoing Agreement and accept and agree to the provisions contained herein and hereby have caused this Agreement to be signed as of the day and date adjacent to their respective signatures. The undersigned individuals signing this Agreement represent(s) and warrant(s) that they are authorized to execute this Agreement. No Other Representations or Promises 10) The Parties represent and acknowledge that in entering into this Agreement, they are not relying on any promises or representations other than those expressly set forth in this Agreement and its exhibits. 11) This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall be deemed to constitute one and the same Agreement. Facsimile or PDF signatures shall be valid signatures as of the date thereof. 12) The Effective Date of this Agreement shall be the date upon which all of the Parties below have executed this Agreement. [SIGNATURES TO FOLLOW ON NEXT PAGES] vii, � ✓ S__ pa. /a �. BRAZOSCOUNTY —) L4� Duane eters, County Judge Date: ALSTON THOMS Date: Zo L PATRICIA A. CLABAUGH Date: ot e , 25 2O 1 � �4d_ � (` Vol. -'Ut---- .--- p9,. /oj F f BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 16, 2015 SUBJECT: Private Property Access Request permission to enter private property owned by Alston Thoms located at 224 Rustic Oaks Drive. Project will require the County to construct a temporary detour across property to accommodate the replacement of a culvert pipe on Rustic Oaks Drive. Project will take approximately 2 weeks to complete. Site is located in Precinct 2. SUBMITTED Q�/B: Q",/Y Darrell W. Kolwes Right of Way Agent This reques Duane Peters, County Judge Date: ("I I WIG rs' Court tq U11- BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Comm issioner Pct. 1 Sammy Calalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Ina Cauley Commissioner Pct. 4 I. OWNER(S): Alston Thorns R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77883 Office: 979-822-2127 Fax: 979-775-0453 ramunger@brazoscountytx.gov II. ADDRESS: 224 Rustic Oaks Drive. Bryan, Texas 77808-7762 III. LOCATION OF WORK: Same as above 81998 — Rustic Oaks Sub., Block 2, Lot 11, 3.71 acres IV. DESCRIPTION OF WORK: Request permission to enter property to construct detour across property in order to replace culvert on Rustic Oaks Drive. Detour area will be 40 feet wide measured from the existing right of way line of Rustic Oaks. Work should last about 2 weeks. Additional Comments: _Upon completion of work Brazos County will restore Property to its original condition as close as possible V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Date:- 47Lr Alston Thorns R. Alan Munger, P. County Engineer Darrell W. Kolwes Right of Way Agent BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 16, 2016 SUBJECT: Utility Permit — Atmos Energy Corporation Consider and take action on the Atmos Energy Corporation utility permit to construct a road bore for. an 8 -inch pipeline crossing under Silver Bill Road 1,550 feet northeast of Goodson Bend Road. Crossing will maintain a minimum depth of 10 feet below the ditch flowline. Site is located in Precinct 4. SUBMITTED BY: (0-'-x -�J,� Darrell W. Kolwes Right of Way Agent Irina Cauley Commissioner Precinct This request is ROVED / ❑ DENIED by Commissioners' Court Duane Peters, County Judge DATE: i lwtQ vol- 9 33 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Atmos Energy Corporation [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facilitv to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossin CHECK ONE Bored Jacked Driven Cased Silver Hill Road 125' X Facility o Parallel County Road Within Right -Of -Way CONSTRUCTION TYPE 8.625" Diameter 0.322 Wall Thickness High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification coated steel operating pressure) pressure) Minimum Yield Strength 3883 osi Maximum Operation Pressure 958 lisi The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60" day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. :iigurg woo lauasowleng;q 51uNoN,upsnd taquutly 0uo4d LOSE'oLE'Z4S diz 03g1S Al1D 0 Sexal'selled Ssa.tppy oOLL ollns'Avmee13 p9l ong 0I11I aaau16u31001oad amigusis 8 ;461u>jcA upsn4 awg1y lu vdwoD uoi;elodloo.Abjau3 sowltl 'liuclad s141 vi papm;mm suoisino.tdlsuoptpuoo otp o; SQwOti budwoD oil) wql pug 'nlolo4 paLSq XuedwoD 041 llia$aad0a o; paziao4utu wg I lugl (�paaa i `nloiag 8uiu�ls Cg udropunfs go(lafspuuoa8 aP+lllsuoa ljv ys no11atills4too 8unnnepq fo s.moq 6Z lyglmi aalffp s�eaanj8ug Xjrvroo aq1 df!lou .ionruv I!imiad s1g1 vullgo of avilm'r 'duvdurgyluvolldd y alp al tio11vo f 1011 juq,rad dq it uarad sjry godat of lg8(d all; supya,r ,rayynrf .raauj8ug Quvoj arty •2outlydmoo ladraoo of 71vI.tdoaddv suraap 11 sv uopav ymrs a4vl dura tquuoo arll'iya.ray ty,rof lasso sluamwinbae aglfo pn .m GYry gpni dldiuoo of slmf diuvduroo l+lada pill uj dlunoO sozvag dg luaraf%jrs1101110011 uosva.l daglo t6to ,mf.to yutvurap uodu sa8muvp duv.yvda,r of o.inpvf,rof,ro'a,rvfam ao ,Qafvs 9(/jvall ai1gildfo slsalaliu Jof d111noa soznagfo uolla.roslp alos mp ill 'aiuij diu/ N Il+tmad sli11 aryoda.r 01 11181-1 pill sad,rasa.r dluuoD somig jguaad algvaonaa n s1 Ijum.ad splb 'salollod arll of rfa wioa sl ijolgdr luwllddo dg lavintaa Bun 8111v1olua fallad of P0111M s1 47117100 sozv.rg Ivill Piry lS1ia falla.r adyauv(nl "of saljsplbar lurll solvlildtls lrrvagdtly `dallod spp fv sur.ial Plyfo uollvjad u salvrlsuoruap rj nrgj sozvag fj lvgl saad8v juvoflddy sluamarp:Ga.i djuuo� sozvdg 111161 dldwoo of a,rullvfslf uodn pasvq 'ala 'solgno lsaull fo 11opaualsap-to/Pill) sa8nalvP sof 6111!4 suodsa.r fvlarrvnf j1v sauvissv duvdwoo '(o12 9ropmol apdap 'a-1) rya.raq ilmoflas 57rratuaqubar 110llvpNS111 rg1n1 aarm71drtroa ul sayllyn I1vlst!1 lou scop jo uopvll»lsru ar11 vl .ioldd;ju4.iPd n upllgo of s1jvf ,(uvdtnqj luada all; ud 'a0uaa@}aa.1oj tr10aa4 pjwoa .toomi pug AVM a0 SIIIOIII A.INAOD SOZV2ia Na QaIDLIQNOD xoom acm, smawaambai n NOII(ItlDnda AJAJYS (NV SGUV"VIS NOISURE AINROD SOZVUII se 010-104 payog�8 oil 11 pigs po aoilon.gsuoo 111 3ROU12119 laumoD 0111 pug sa0uoissiwu100'r4U"0D 0`4130 salmi 114 y1m , jduioo o; m.03 lugogddy pmilloa.t si uoilvopddu a)aldwoo -1a3ju s>♦a0A1 onu sg 8u01 SU o)TI Agui aoIjjO s,aoau18u3 ,QumoD,{o fUAwddV 13 n Vol. I i'u ��/` PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 3 �— �� except as noted below: (MonthMay/Year) EXCEPTIONS: or`e� Q,ff �')-� Brazos County Engineer NOTE: Pipeline crossing under Silver Hill Road must be a minimum of 10' below the bottom of each ditch. Vol- --�. 7� --pg,//o NE w z o o N ro u rl� m c6 N n w z_ p C6 SW J N—=N— CL >. V U O H CC W 0 W d W m ry d W O W W U U R < CD O O K –12f- a O m M V O r LU N m N r E5 E5 +� + J 'F U + J V + J + ' + (n f a o m co ro) ord a � U GRADE _-_- PROPOSED z z r z z z z. PIPELINE NOT TO SCALE 'OR AS SPECIFIED BY ENGINEER PIPE DESIGN TESTING SPECIFICATIONS DATA REQUIREMENTS MARK C'D' WALL THKNS. PIPE CLASS DESIGN P.S.I.G. ® 1009, EXISTING MAOP DESIGN PRESS INTERNAL HOOP STIRS. TESL � PRESS TEST DSR. X-RAY INCHES INCHES GRADE LOC. FACTOR S.M.Y. PSC P.S.I.G. 9 S.M.Y. P.S.I.C. HOURS 9 A 8.625 0.322 AP15LX-52 3 0.5 3888 400 800 20.6 2100 8 100 B COATING SPECIFICATIONS FIELD JOINT COATING FBE/ARO Coated ARO Coated GENERAL NOTES ' I. CONSTRUCT IN ACCORDANCE WITH CFR TITLE 49, PART 192, THE PROJECT SPECIFICATIONS AND DRAWINGS AND COMPANY'S GENERAL SPECIFICATIONS=CLEARANCE AUTION AND PROCEDURES, SEE ALSO STD. E0014-CROSSING GUIDEUNES. 2. CROSSINGS AT PUBLIC ROADS AND HIGHWAYS WILL MEET REQUIREMENTS OF 12" CLEARANCE BETWEEN PIPELINE OF TXDOT UTILITY ACCOMMODATION POLICY, TIRE 43, CHAPTER 21,NDERGROUND OBSTRUCTIONS. SUBCHAPTER C. EE STD. EO014-CROSSING GUIDELINES, 3. MINIMUM COVER REQUIREMENTS TO TOP OF PIPE': " OF CLEARANCE IF POSSIBLE, WITH 12" RIGHT OF WAY: 36" NORMAL SOIL l�AR MIN. HWY. X-INGS: 50" PAVEMENT A8" DITCHES OTHER: 60" LEASE RDS. 42" FABRICATED ASSEMBLIES 4. THISIS AGUIDELINE. CREATEAJOB SPECIFIC DRAWING WITH A UNIQUE DWG. NUMBER. 'UNLESS SHOWN OTHERWISE =OBSTRUCTIONS WILL BE ION. REFERENCE REV. ® DESCRIPTION I DATE I TYPICAL UNCASED STEEL ROAD X—ING FOR PROPOSED LINE L-8-9(2nd)-1 AP.C.'E BY: NOT FOR CONSTRUCTION FE. A X—ING SILVERHILLROAD AT STATION 108+82 AmTmoi DATE. BRAZOS I CO., TX energy PRGJ. ENGNR: Mam!gnt w•un SL'WJ 0 W, DRAWN BY: PROJECT NO. 180.27259 OSWRI CHECNEO BY: DRAWING -NO. SHi. Fol 1 irK �xr �sl II °'�• i �„li �ry � a tl, 1 7�k' i Jry > �.c t�Ji rk°I d I a%i. I .m�I �• YI{• o_: T1�'"+,i�'ay��Jl� � J.� .I 1 I 5 YI �C r a6� s pe ;yY) I °; 'Ci�i r / i-s 6 rIN� RM R y 1 A e y v.MM i d-�� •Y"� ir3 4 �i rte, �.., 6 5 G'. r ✓1i _ �y y, r1 +C9! •', 1"' m S4ia Ei' 9 Sp Fol BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public, If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plait 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e, pit, excavation, hole) left open overnight, requires specific ni hg ttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Desit'n Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c, be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally V Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. S. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; FVol. __ ��. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hirsh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer, -;,-.-_._---_----1 DVOI-_3_9_. € g� _ _ _. i _; YOIK+I9 aB `-5 FE'S E-� $$ 5 {{ u •"s � § 6a�� r's$sC�-�aE� $ Shp � ill sad Qo n aggfl F pE 1 A _ ghP @@b Salr�^r g$ w osA * 6.0bA y pp N gs?a sg° 0 o mR -- - - -- 2 O — +wi�ws � to C W O :.smy«��3RFmit U ti � 9e ._em^mstssg, x8 2 )C »➢Irovs al�g„}t W � p U g A R9 Y aB `-5 FE'S E-� $$ 5 {{ u •"s � § 6a�� r's$sC�-�aE� $ Shp � ill sad Qo n aggfl F \11 .oc - - - - - - - - - a - .wi�.uf +wmws ezTd - �• � i= e ECn� S Ws �.•! - sx j- Vd •1 �k3 c .i'lIL1-d' I.~ �v.+. os ..•o ..... pE 1 A _ W @@b w osA * 6.0bA y O N 2 0 o U Z 2 O — +wi�ws � to C W O U ti � C N 2 )C »➢Irovs W � p U � Y \11 .oc - - - - - - - - - a - .wi�.uf +wmws ezTd - �• � i= e ECn� S Ws �.•! - sx j- Vd •1 �k3 c .i'lIL1-d' I.~ �v.+. os ..•o ..... pE 1 A @@b winm{f c ' Jw�lalf e vol. a J BRAZOS COUNTY BRYANJEXAS DEPARTMENT: Auditor NUMBER. DATE OF COURT MEETING: 8/16/2016 ITEM: Consider and take action on the requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. William & Linda Marr -refund of P&I-$226.60 • b. Tommy & Noel[ Vance -refund of P&I-$81.40 • c. Phillip Blackburn -refund of P&I-$221.24 • d. Phillip Blackburn -refund of P&I-$148.08 • e. Phillip Blackburn -refund of P&I-$77.65 • f. Park -More Investments -refund of P&I-$22.01 • g. Park -More Investments -refund of P&I-$50.63 • h. Park -More Investments -refund of P&I-$91.87 • i. Park -More Investments -refund of P&I-$38.34 • j. Park -More Investments -refund of P&I-$98.18 • k. Park -More Investments -refund of P&I-$239.07 • I. Park -More Investments -refund of P&I-$21.18 • m. Stone Haven Management Corp. -refund of P&I-$5.65 • n. Stone Haven Management Corp. -refund of P&I-$2.70 • o. Stone Haven Management Corp. -refund of P&I-$6.52 • p. Stone Haven Management Corp. -refund of P&I-$7.30 • q. Stone Haven Management Corp. -refund of P&I-$6.52 • r. Stone Haven Management Corp. -refund of P&145.91 • s. Stone Haven Management Corp. -refund of P&I-$7.39 • t. Stone Haven Management Corp. -refund of P&I-$14.42 • u. Stone Haven Management Corp. -refund of P&I-$14.58 • v. Stone Haven Management Corp. -refund of P&I-$6.83 • w. Stone Haven Management Corp. -refund of P&I-$120.13 • x. Stone Haven Management Corp. -refund of P&I-$718.63 • y. Stone Haven Management Corp. -refund of P&I-$159.05 • z. Stone Haven Management Corp. -refund of P&I-$6.14 • aa. Barry & Laura Hendler-refund of P&I-$57.50 • bb. Latitude Enterprises Inc. -refund of P&I-$33.23 • cc. Latitude Enterprises Inc. -refund of P&I-$61.03 • dd. Latitude Enterprises Inc. -refund of P&I-$60.29 • ee. Latitude Enterprises Inc. -refund of P&I-$60.63 • ff. Welch Construction -refund of P&I-$30.63 • gg. Gary & Dianne Welch -refund of P&I-$91.29 • hh. Will Properties -refund of P&I-$394.35 T0: Commissioners Court FROM. Maggie See DATE: 08/11/2016 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Description Tvpe P vii. -� 3- . _%/�_ coiudmxm363nCoco.brazos.tx.us 20160811 141403.odf waiver apps Cover Memo BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT. Auditor NUMBER. DATE OF COURT MEETING. 8/16/2016 ITEM: a. Rushmore Loan Services -overpayment -$2799.99 • b. Nick & Sonya Singleton -overpayment -$616.95 • c. Roy & Suane Pledger -overpayment -$18.27 • d. Wells Fargo Real Estate Tax Service -overpayment -$100.03 • e. Elayne & Charles Brooks -overpayment -$20.60 • f. Allen Heidrich -overpayment -$5.70 TO: Commissioners Court FROM: Maggie See DATE: 08/09/2016 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT. $0.00 ATTACHMENTS: File Name Description TVpe D00002 odf Tax Refund Applications 8/16/2016 Cover Memo APPLICATION FOR TAX REFUND 35 Collecting Office Name Brazos County Tax Office 4151 County Park Court Phone Number Bryan Texas 77802 979.7759930 Collecting tax rar. paling units) Brazos County, City of Bryan, Crty of College Slaliw Bryan ISD. College Station ISD, F1, F2, F3• F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: BROOKS ANTIQUE CONSERVATION & RESTORATION Owners name % BROOKS ELAYNE and address 3001 PIERRE PLACE COLLEGE STATION TX 77845.5726 Step 2: Descdbethn. . l,e3al BUSINESS PERSONALPROPERTY : property Address 3001 PIERRE PLACE Acot.# ,-nL373462;=,-or-�=raxReceipta Step 3: Name of Torino unit/ G\\ "�-` �- -Tax Year„ �' Date of \C=,\ Amount Refund amt l Give the tax of refundw�P_ayme�l %a�� 2d R ties ed payment information Zrefund/O/��///>lnl`9 2015�6130/20,6`'�J Q� $45.78 $20.60 lt ib �vi�' Taxpayer's r a`sodfci, refunAo-J� '1 " �/� \'1( OP-Oieirpa rhent 77 I n I Reflin d, tol ELAYNE::&'CHARLES BROOKS 3001 P,IERRE.P..LACE COLLEGE STATION 1n1 7X7784sW-";° 1A rel „l11'C5/ rep 4: the form "1 hereby 2(ipty for the iN'rd'of.the above-described taxes and certify th5t', � t., r.\. .,,V mn V `, OI /// Ci the infomtali ' rven on Ihis.form is,tiue anU,cwrect.' is /! 9 5 sign here , `\�'_ �� \� �j->'�'/'`�F;_, •_^j i ,f tla a i -v x d d 0 If you make a'false statement on this sppliation, you could be found _g`uilty'of a� Class Amisdemeanor,o[a state l•ail•fe.l,b,nCode^Se`c�tion3710. \ , Step 5: (nde\ renal This tax refund is Disapproved Tax refund Authodz officer , determination sign here > date> Authorized officer of taxing unit for refund applies ions over amount required under Section 11.11 Tax Code sign here> date> Vol._%�� �'g._/�/,� APPLICATION FOR TAX REFUND ColleCting Office Name Brazos County Tax Office 4151 County Park Court Phone Number Bryan Texas 77802 979-7759930 Collecting tax for: (taxing unds) Brazos County, City of Bryan, City of College Station Bryan ISO, College Staten ISO, F7, F2, F3, F4, Clty cfKurten To 8PPIV for a tax refund, the taxpayer must complete the following: Step 1: BRENDA GRANTHUM owners name 139 SUNSET TRAIL - and address COLLEGE STATION TX 77845-3457 Step 2: Describe the Legal SUNSET RIDGE SPACE 139 property.- _ _.Address__139 SUNSET TRAIL-- -—- — - -- - - - - Acet.il "' '• 356635 rT= Oi .:Tax Receipt N - Step 3: Name of Taxing undue•;'I r" r. —.•Tax"Year. '�4 Oats d: "i '�;. Amount Refund aml v Give the tai r`a' •'.. .�' iS:�' .� _� .p efund."`• : Pa rent ..in't;.'.� Pad r. Reaves ed payment A:. Information Zrefundii'c�a.+,;�;::i.ttir,"'^T'` 2015+`:%..+'^112 912 01 6' `*:`1. $5.70 $5.70 r••.iy a Sr�f!�,^,,t_i:• i`, ".�, �T7 C•4i(h,y> - - - .`:. Fr•.. ,q .,.7.. ,r rte: i?r e�4 x+11 ✓i. '`t i '_ f 1 01 9.1, :i` �'�" 1 f?I • '.7 A' F ; �\` `:^-.`:t•i�.f.iv: i`�':`+�,'^�:' S�5 C"' Yf `'a Taxpayees reason far Rtulld: ")`1 Y'I �} j'v;�5: l OP -Ove Ent ' - Refund:to ALLEN:HEIDRICH 4650.W ST.HWY 46 NEW,BRAUNFELS 7X'78132-3753 �Y_.t• (f, /'�I' i 1,1:i•. . Vii'. :i" l Step 4: Sign the forth '1 hereby.appty for the refund 61 the a6ovmdescnbe<d taxes and ceitifyffiat .`- - tw: r. i.. his fon d•.'..:. r:J ^: •. r, .� the Infortnatian I,liavx gNen an this form is this and co'rrect.' .7 r-.. : y, -r ; ,G^t �^•` sign here�i:' - ''1h„ S.-�. �. date>:r d If you make a false statement on thisapplicatlon, you wuld.be found gullty of Class A misdemeanor or a state ali felony under Tezas Penal Code Seaton 37.10. Step 5: This tax refund is Z':..n f%:",. -''1 is `Ap roved',: •.%i -:+: Disapproved Tax rotund AuthoHz office ...i.h-.,�. determination sign here > date> Authorize tl officer of taxing unit for refuntl app liwtlons over amount required under Section 31.11 Tax Code ' sign hero > date > 1 06231s(Dc0�) APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Phone Number Bryan Texas 77802 979-775-9930 Collecting tax for: (taxing units) ' Brazos County, City of Bryan. Cry of College Station Bryan ISO, College Station ISD, Ft, F2, F3, F4, City of Kunen To app! for a tax refund, the taxpayer must complete the following: Step 1: MYKAL & TRACI JONES Owners name 8500 MCALLESTER LN and address COLLEGE STATION TX 77845-8590 Step 2: Describethe Legal STEWARTS MEADOW PH 1 BLOCK 1 LOT 8 ACRES 2.58 property Address 8500 MCALLESTER LN Acct.# ,' 44475 ' Or. Tax Receipt# Step 3: Name gf axing unit' ' - Tax Year Date of Amount Refund amt Give the tax pLreiVu rid P nm ai Requested payment Information Zrefund 2015 6110/2016 $3,662.87 $2,799.99 Taxpayers reason or refund: OP-Overpayrnent Refund to RUDHMORE LOAN SERVICES% CORELOGIC 1 CORELOGIC DRIVE WE E TX 76262 Step 4: Sign the form 'I hereby app or 1 efund of the above-described taxes and certify that the int io ave given on lhi Irue and torr s]gP,h If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state laic felony under TexaslRenal Code Section 37.10. Step 5: This tax refund Is Approved Disapproved Tax refund Authoriz officer datermination sfOn here> date Authorized officer of taxing unit for refund appllcations over amount required under Section 31.11 Tax Code sign here> dala> Vol._;, J; I APPLICATION FOR TAX REFUND Colieeting Office Name Brazos County Tax Office 4151 County Park Court Phone Number Bryan Texas 77802 979-7759930 Collecting tax for. (taxing units) Brazos County City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten To apply for a tax refund, the taxpayer must complete the following: Step 1: SINGLETON NICK & SONYA G owners name 4705 JOHNSON CREEK LOOP and address COLLEGE STATION TX 77845-3890 Step 2: Describethe Legal WILLIAMS CREEK PH 2 BLOCK 1 LOT 12 ACRES 1.131 property Address 4705 JOHNSON CREEK LOOP - - - - — - ACCO --777302297 : 7Cr= `-Taz Recapta — Step 3: Name of Taxing unil� % i\\. �''L' -^--TaxYeai-Amount Refund aml Paid Reovested 2016I30/201U85,608.00 $616.95, taxpayer's iea`son rot refund: •P. /. \�T"OP-Ove a'7ilent� \'. �.,n: Reftifid to NICK DWSONYA G SINGLETON',4705;JOHNSON,CREEK.LOOP COLLEGE l•nl STATIONTX77945-3890 Step 4: Sign the forth "1 hereby apply for the refund a the Lt Ye -described taxes and certify dial/s', , -V the Information 1'have g' E. on this form is tru an co7rea' 7 1,7 ` if you make a false statement on thh application, yo=oouldbe tound,guilty'of a, r -- Class Amisdemeanor or a state 1a11 felony under Texas'&i;al Code Se tlon,37.10. Step 5: \� n �� ' i � 'q roedJ.%.r,� Dis raved This tax refund is .� ppyam; �.� j apP Tax refund Authoriz determination sign here, date, Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign hem> date> ' VOL _a� � �._ pg APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Phone Number Bryan Texas 77802 970-775.9930 Collecting tax for: (laming units) ' Brazos County, City of Bryan, City of Cortege Station Bryan ISO, College Station ISD, Ft, F2, F3, F4, City of Kunen To appl for a tax refund, the taxpayer must complete the following: Step 1: ROY SSUANNOPLEDGER Owners name 1611 HARPERS FERRY RD and address COLLEGE STATION TX 77845-8392 Step 2: Describe the Legal NANTUCKET PH 6 BLOCK 1 ACRES 1.1 property Address 1611 HARPERS FERRY RD ' — - Acct.# " . 101962 • Or Tax Receipt # Step 3: NjmLdjaAnqLjqA - Tar Year Date of Amount Refund amt Give the tax of refund aMMI Paid amuested payment , information Zrefund 2015.. 719/2016 $1,589.32 $18.27 Taxpayers reason for refund: OP-Overpaynnent Refund to ROY & SUANNE 1611 HARPERS FERRY RD COLLEGE STATION TX .....77845.8392 ... - .. _... _. .. �. _ ..... _. Step 4: Sign the form '1 hereby appy for the refund of the abo -described lazes and certiry that the informatiop Maw ghen on this fo0n i tru11 and con t.' sign here- wl y n tlate> If you make a false statement on this application, you could be found guilty of a - Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. Step 5: This tax refund is Appr6ue0 Disapproved Tax refund Authoriz o i determination " sign here- date - Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign here - date > - �-o l. -� l . P. 2�__. 1 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Phone Number Bryan Texas 77802 979-775.9930 Collecting Zak for: Oaring units) Brazos Counry, City of Bryan, City at College Stalion Bryan ISD, College Station ISD. F7, F2. F3, F4, City of Kurten To.appl for a tax refund, the taxpayer must complete the following: Step 1: LOUIS RAMIREZ JR Owner's name 1017 E 28TH ST and address BRYAN TX 77803-4703 Step 2: Describe the Legal SUCHANAN'BLOCK 6 LOT 1 property Address 1017 E 28TH ST Awl.# ,;-nU`20602 ;.,-or-=-Tax Rem"pt tt Step 3: Name of T.aringun8 �/<.^�\, Tax Year; <1 Date of\„\ Amount Refund amt Give the tax/(ice L.=` r und'. ��.P�•rneJr`t//�\�-T� Ead Smues ed payment /� \'' ��•�\' �.. F'��\i �, inforroadon Zrefund', -/ t `-•." :'/!':> r'• 2015_= \9/1912016 \,$1,255.78 $100.03 Lx reason Refund to WELLS'F,ARC,O REAL ESTATE,TAX SERVICES;ATTN: REF.UNDSIFINANCIAL SUPPORT 1 HOME,CAMPUS DES•MOINES`IA 50328:0001//i i ' Step 4: Sign the form '1 heretiy appy for the iefun-dotahe'atiovo-described taxes and ceitifythet %%�, i i , V � mil \ \ Y�V�V.Uw ru the information have given en on this form is.true an correct.", ; , v /.' ✓�, ; ;) / sign here >. .. �\' ti. <.j`�IM� Cfi'��w•.. date >: 0,2 '•4 If you make a false statement on this application, you couid be found.6uIIty'oia Class A misdemeanor,ora siatejail felbny untler_Texes Penal Cade Secdom37.1 D. Step 5: This lax refund is Approved —-" Disapproved Tax refund Authoriz L 711 determination signhere> date> Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code sign hero > I date > BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER. DATE OF COURT MEETING: 8/16/2016 ITEM: Budget Amendments FY 15/16 46.1 -46.6 TO: Commissioners Court FROM: Irene Jett DATE: 08/11/2016 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Individual budget amendments specify source of funds. ACTION REQUESTED OR Request approval. ALTERNATIVES. Backup Material ATTACHMENTS File Name Description Tyne 46 Cover Sheet odf 46 Cover Sheet Cover Memo 46. i.odf 46.1 Juvenile Backup Material 46.2.odf 46.2 District Attorney Backup Material 46_3.odf 46.3 Juvenile Backup Material 46.4 odf 46.4 Court Support Backup Material 46.5. ed f 46.5 Courthouse Backup Material 46 6 odf 46.6 Drug Program Backup Material 3� BRAZOS COUNTY, TEXAS BUDGET ANIENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15/16 46.1-46.6 On this the 16th day of August 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 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT NVHEREAS, on 16th day of August 2016 the Court heard and approved a budget amendment for the 2015-2016 budget year for Brazos County, Texas; and VaIEREAS, 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 16th day of August 2016. THE COMNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By:\� Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 46.1 8/16/2016 FUND DIV I ACCT PROJ DR/CRI ACCOUNT NAME I Increase Decrease 0100 310003001 67286000 CR Equipment - Other 500.00 0100 —310003001 60500000 DR E ui ment & IT Enhancements 500.00 Juvenile Services - Academ Reallocation of funds to the correct account due to pricin of a book cart. Vol- % pct._%Z/� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116.46.2 811 612 01 6 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase I Decrease 0100 19000100 61210000 CR Court Costs 567.11 0100 19000100 60211000 DR Software - No -Tag 221.00 0100 19000100 67285000 DR Equipment - Surveil & See 346.11 District Attorney Reallocation of funds for the purchase of cameras and surveillance equipment for the intake division of the District Attorney 's Office. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 46.3 8/16/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 61740000 CR Telephone 1,000.00 0100 31000100 65350000 CR Gasoline 1,000.00 0100 31000100 71025000 CR Contract Services 1,000.00 0100 31000200 60350000 DR Food and Food Supplements 3,000.00 Juvenile Services and Juvenile Services - Detention Reallocation of funds to purchase food for the youth housed in the Juvenile Detention Center. vol -'UF Pg -/' ACCT Reallocation [11" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 46.4 AI1612016 Vol. -J� f &'g.__/ 3 _ of funds to oav the BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 15/16-46.5 8116/2016 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 46.6 8116/2016 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 1 22700100 61130000 CR Contingency 3,500.00 0100 22700100 51610000 DR Hourly - staff 2,000.00 0100 22700100 51640000 DR Hourly - Tem 1,500.00 County Drug, Court Program Reallocation of funds to cover the overages on payroll for the remainder of FY 16. Vol. �_ �_ .. p9• / 1 f BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Human Resources NUMBER: DATE OF COURT MEETING: 8/16/2016 ITEM: Personnel Action Forms TO: Commissioners Court DATE: 08111/2016 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description PAF 08-16-16.doc Coversheet Vol Tvpe Cover Memo 31 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 16, 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 Attorney Ask, Hutton Separation District Clerk Elections Administrator Facilities Services Sheriffs Office— Detention Tax Office Brooks, Lauren Brown, Melinda Hernandez, Rachel O'Gilvie, Amber Stelma, John Tijerina, Norma Velasquez, Paul White, Regina Kopetsky, Kash Sauseda, Jonathan Pace III, Lonnie Arguello, Michelle Brunson, Kristina Collins, Ashlee Emerson, Laura French, Connie Hines, Angela Hitchcock, Karlis Johnson, Linda Moore, Tommie Oliver, Michele Change of Status Change of Status Change of Status Separation Change of Status Change of Status New Hire Change of Status Separation Separation Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Approved in Commissioners' Court: August 16, 2016 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) i BRAZOS COUNTY, TEXAS BUDGET AIVIENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15/16 46.1-46.6 On this the 16th day of August 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 Catalonia, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 16th day of August 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 16th day of August 2016. THE COMIVHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By:, \% ) S - Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget 3� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 46.1 8/16/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000300 67286000 CR Equipment - Other 500.00 0100 31000300 60500000 DR Equipment & IT Enhancements 500.00 Juvenile Services - Academy Reallocation of funds to the correct account due to pricing of a book cart. .11 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 46.2 8116/2016 FUND DIV ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 19000100 61210000 CR Court Costs 567.11 0100 19000100 60211000 DR Software-NoTaa 221.00 0100 19000100 67285000 DR Equipment - Surveil & Sec 346.11 District Attorney Reallocation of funds for the purchase of cameras and surveillance equipment for the intake division of the District Attorney's Office. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 46.3 811612016 FUND DIV ACCT PROJ DR/CRj ACCOUNT NAME Increase Decrease 0100 31000100 61740000 CR Telephone 1,000.00 0100 31000100 65350000 CR Gasoline 1,000.00 0100 31000100 71025000 CR Contract Services 1,000.00 0100 31000200 60350000 DR Food and Food Supplements 3,000.00 Juvenile Services and Juvenile Services - Detention Reallocation of funds to purchase food for the youth housed in the Juvenile Detention Center. Vol. _a .3 j`_` Pg. Z/V�/ C BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116.46.4 811612016 FUND DIV ACCT PROJ I DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 350 000.00 0100 11020000 71040000 DR Contract Placement 350,000.00 General Fund Contingency and Court Support - Civil Reallocation of funds to support contract placement for the remainder of FY 16. Vol. a y_ Pg. �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 46.5 811612016 FUND DIV ACCT pROJ DR CR ACCOUNT NAME Increase Decrease 4500 63000700 80101003 CR Bldg. Renov • Courthouse 60.00 4500 63000700 67342000 DR Furniture 60.00 Courthouse Renovation Reallocation of funds to pay the overage on the counsel tables on the 4th floor. Vol. _ � j' . Pqt / � BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 15/16 - 46.6 8/1612016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22700100 61130000 CR Contingency 3,500.00 0100 22700100 51610000 DR Hourly - staff 2,000.00 0100 22700100 51640000 DR Hourly - Temp 1,500.00 County Drug, Court Program Reallocation of funds to cover the overa..-es on payroll for the remainder of FY 16. Vol. -,I Pg. ./�� 37 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 16, 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 Attorney Ask, Hutton Separation District Clerk Elections Administrator Facilities Services Brooks, Lauren Brown, Melinda Hernandez, Rachel O'Gilvie, Amber Stelma, John Tijerina, Norma Velasquez, Paul White, Regina Kopetsky, Kash Sauseda, Jonathan Change of Status Change of Status Change of Status Separation Change of Status Change of Status New Hire Change of Status Separation Separation Sheriffs Office — Detention Pace III, Lonnie Change of Status Tax Office Arguello, Michelle Change of Status Brunson, Kristina Change of Status Collins, Ashlee Change of Status Emerson, Laura Change of Status French, Connie Change of Status Hines, Angela Change of Status Hitchcock, Karlis Change of Status Johnson, Linda Change of Status Moore, Tommie Change of Status Oliver, Michele Change of Status Approved in Commissioners' Court: August 16, 2016 County Judge's or Commissioner's Signature: _ (This Copy to be attached to minutes) Vol � /5 - pg. /�iG