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2016-10-04 10:00AM REGULAR MEETING
BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT I[6 FP 30 4. 38 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 4, 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 Wassermann 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-37: 3. Resolution 16-022 of Intent to Establish a Brazos County PACE Program. 4. Approval of bonds to be issued by Industrial Development Authority of the County of La Paz, Arizona to finance a Astin Aviation CLL, LLC Easterwood Airport Project located in Brazos County, solely for the purposes of Section 147(f) of the Internal Revenue Code and for which Brazos County will have no liability. 5. Reappointment of the following as fire commissioners for Brazos County Emergency Service District#2; term of appointments are 1/1/2017 to 12/31/2018: • a. Larry West • b. Diana Kurten • c. Justin Irick 6. Appointment of Judges and Alternates for November 2016 General Election. 7. Brazos County Payroll for Fiscal Year 2017. 8. Order 16-009 Directing the Payroll Fund to the General Fund of Brazos County. 9. Request for Approval of Out of State Travel for Jail Administrator Mr. Wayne Dicky to attend the American Jail Association Fall Board Meeting in St. Louis, MO October 11-14, 2016. 10. Approval of Non -Profit application for the Brazos County Inmate Work Crew Labor force Vol. ,�.-46S Pg. to work the Aggieland Humane Society on October 14, 2016 to assist with moving and setting up the equipment for the Weinerfest 2016 at the Wolf Pen Creek Amphitheater. 11. Appointment of Tony Piccolo as a non -paid reserve deputy for Constable, Precinct 2 office. 12. Request from the Election Administrator for variance of comp time policy to allow employees to accrue more than 40 hours until February 28, 904 L0I-1 . 13. Acceptance of donated property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. 14. Request from the Budget Office for the following personnel change effective October 8, 2016, due to an Amended Order Determining Compensation of Court Reporters filed on August 23, 2016. This will have an increase to the 361 st District Court's budget in the amount of $1,767.00. • Increase Court Reporter- 361st District Court, Class Code 2530 Position 1, Group NA Step NA to Group 25 Step 12, Biweekly Rate of $2,774.81 to $2,830.40, Pay Code 013. 15. Request from the Juvenile Services Department for the following personnel change effective October 8, 2016. This will have no budgetary impact to the FY 17 Juvenile Administration's budget. • Move Quality Assurance Admin., Class Code 2812 Position 1, Group 20 Step 10 to Group 22 Step 6, Pay Code 014 Hourly to Pay Code 013 Salary 16. Approval of the following job descriptions: • a. (Class Code 2700) Fleet Service Director, Fleet Services • b. (Class Code 0801) Director, Brazos Center • C. (Class Code 2812) Quality Assurance Administrator, Juvenile Services • d. (Class Code 2802) Assistant Detention Superintendent, Juvenile Services • e. (Class Code 1429) Deputy Sheriff -Crime Prevention, SO Admin. • f. (Class Code 142 1) Deputy Sheriff -Recruiting, SO Admin. • g. (Class Code 1433) Process Svr.,-Deputy Sheriff, SO Admin. • h. (Class Code 2530) Court Reporter, 361 st DC • i. (Class Code 1519) Detention Officer -Temp., SO Jail • j. (Class Code 0423) Office Manager/Bookkeeper, DistrictAttomey • k. (Class Code 0819, Position 02) Building Event Worker, Brazos Center • I. (Class Code 0819, Position 03) Building Event Worker, Brazos Center 17. Request approval to wire transfer up to $67,500 to the Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to St. Joseph for the Prenatal Clinic program. This project is under the Delivery System Reform Incentive Payment (DSRI P) pool of funds. 18. Request authorization to wire transfer to the Texas Health and Human Services Commission all funds avaliable and allowed during FY 2017 from institutional health care providers participating in this program. Pursuant to Section 296.003 of the Health and Safety Code, the Commissioners Court of Brazos County has authorized the county to participate in a county health care provider participation program and establish a Local Provider Participation Program. 19. Payment Authorization to AHI in the amount of $94.80 for office supplies; amount of invoice exceeded amount of purchase order. 20. Request from the Expo for approval to retain one of the two 2007 Kawaski Mules that is Vol.. Pg.� being replaced in FY17 to be used exclusively as backup until it is inoperable 21. Request from the Auditor for an additional $3,538 in the Capital Improvement Fund for the updated quotes from Sungard and Dell for the upgrade to the financial software, Finance Plus, Community Plus and Cognos. Total project is not expected to exceed $88,370. 22. Approval of the contract with Sungard Public Sector for the upgrade of Finance Plus/Community Plus and the Cognos reporting software. Approval of the contract will put us on a 6 month waiting list with Sungard. 23. Renewal of participation in the Texas Association Risk Management Pool's Workers' Compensation program and selection of additional coverages. 24. Consider and take action on the agreement for the payment of Brazos County funds in the amount of $25,000.00 to be used by The Bryan/College Station Convention and Visitor's Bureau to be used fro promote toruism for the Brazos County Expo. 25. Approval of the following funding agreements for FY 2017: • a. Brazos County Historical Commission • b. Brazos County Soil & Water Conservation District #450 • c. Brazos Valley Food Bank, Inc. • d. Bryan/College Station Chamber of Commerce, Inc. • e. National Alliance on Mental Illness 26. Discuss and take possible action on a contract renewal with the Texas Juvenile Justice Department for the Juvenile Services Department to provide parole services for Brazos County youth. 27. Discuss and take possible action on a contract with the Leon County Juvenile Probation Department for the contracting of pre -adjudication detention beds. 28. Discuss and take possible action on a contract renewal with Nexus Recovery Center for residential juvenile services. 29. Approval of the following lease agreements with Southwood West: • a. 17-229 for Constable Pct. 1 • b. 17-230 for Justice of the Peace Pct. 1 30. Approval of contract # 17-088 Maintenance of Xerox Copiers with Dahill Office Technology Corp. 31. Request permission to lease private property owned by Mary Dworaczyk located at 4440 Dilly Shaw Tap Road for the purpose of a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. County will lease the property for a period of 12 months at $100 per month. Site is located in Precinct 2. 32. Request permission to enter undrilled oil well pad site owned by Halcon Energy Properties, Inc. located on the property of Mary Dworaczyk at 4440 Dilly Shaw Tap Road. Site will be used as a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. Site is located in Precinct 2. 33. Acceptance of Special Warranty Deed from Philip Bienski for 0.70 acre of land to be used for improvements to Smetana Road located in Precinct 4. 34. Tax Refund Applications for the following: • a. Wendy Simmers -overpayment -$148.17 EE • b. Roger & EdWna Ramczyk-overpayment-$185.59 • c. Clyde Goen-overpayment-$98.34 35. Budget Amendments. a. Budget Amendments FY 15/16 53.1 -53.2 b. Budget Amendments FY 16/17 1.1 -1.20 36. Personnel Change of Status. Personnel Action Forms 37. Payment of Claims. 38. Sheriffs report on inmate population. 39. Announcement of interest items and possible future agenda topics. 40. Call for Citizen input and/or concerns 41. Adjourn. Vol. 2-4u— Pg. 41 1 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, With both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide. by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow 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 Lawdoes 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 Wit 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, TX77803 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. ;'1 k-�? Pg./7�_ MINUTES OCTOBER 4, 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, October 4, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann Call for Citizen input and/or concerns L. G. Crum spoke to the Court regarding Sunoco establishing an oil and gas docking station near his home. Mr. Crum said that homes on both sides of the road will be affected as well as a historical black church. He said the numerous trucks on Roans Chapel Road will be hazardous to residents due to fumes, lights and noise. Mr. Crum also stated that property values will take a hit. He is asking the Court to become involved and believes they have a moral and legal obligation to find a solution. Judge Peters said that the Court appreciates the comments of the citizens, but reminds Vol. oiS Pg.�_ them that the Court cannot respond to the comments because this is not an agenda item. David Hilburn addressed the Court with concerns for the safety of the residents. Mr. Hilburn said that he has three young children and they are not able to ride their bikes because of the truck traffic. He said that property values are plummeting in the area. Mr. Hilburn said the Court should be concerned about the County's investment in the roads and should take action to protect that investment. Linda Watts echoed her neighbors concerns. Mrs. Watts said she has lived in Rainbow Acres for seventeen years. She is worried for her safety as she walks for exercise in the area. Mrs. Watts also expressed concern for the wildlife in the area. She urged the Court to help with this situation and keep their neighborhood safe. Wade Griffin agreed with the previous speakers on safety issues and the decline of property values. He feels there needs to be load limits and no truck signs all over the area. He also addressed the lack of transparency. Mr. Griffin said that residents should have been notified immediately about Sunoco's interest in the property. Milton Radke said he would like to preserve the quality of life they have in the neighborhood. Mr. Radke asked the Court to please re-examine their authority to help with this situation. He also asked the Court to give the residents direction on what needs to be done next. Brian Kouba also echoed the concerns of the previous residents. He is worried for children riding their bikes and fears something will happen. Mr. Kouba asked the Court to help them find a solution. John Shull discussed the roads in the area and said that there will be accidents because of the long curve in the road. Mr. Shull also said that it will not take long for the roads to be destroyed and the Sunoco trucks will look for alternate roads in the area to use. Mr. Shull asked the Court to please let the residents know what they can do to stop this. Gail Griffin lives very close to the station site. Mrs. Griffin said she is very disappointed to hear that Commissioner Catalena said he did not know how the community felt. She said that this company will destroy the lifestyle of 125 families and they do not care. Mrs. Griffin said she can already hear the noise from the site. She asked the Court how they would like having 18 -wheelers coming through their neighborhoods 24/7. She said that the primary concerns are safety, road destruction and decreased property values. Mrs. Griffin pleads to the Court to help stop this. Joe Petitjean said he was there to direct Commissioner Catalena since Commissioner Catalena said in the paper that he needs direction from the residents. Mr. Petitjean said we want it stopped even though Commissioner Catalena told them it was a "done deal and we just have to get along with the oil company". Mr. Petitjean said the Court has the authority to do something like posting No Thru Trucks signs and weight limits. He said that the Court made their deals with Sunoco before letting the residents know about it and they are now backed in a corner. Mr. Petitjean said that as a tax payer he demands that the Court do something. He said that having this station in a residential neighborhood is unacceptable Amy Hilburn said she has lived there for nine years. She said that they have three young children and planned to be there at least until the children went off to college. Mrs. Hilburn said she is disappointed in the lack of support and action from the Court. She asked that the Court protect their investment and the residents. Vicky Kotrla agrees with her neighbors. She also expressed concern with several children who have medical problems in the neighborhood. Mrs. Kotrla said she is worried about delayed medical attention due to the many 18 -wheelers. She asked the Court how they would feel in their position. William Kotrla spoke on safety issues with the Roans Chapel Road and the Highway 30 intersection. Mr. Kotrla also had concern for the Roans Chapel Church that has been located there for 135 years. Mr. Kotrla said he is worried about those coming and going from services at the church with the truck traffic. He said that he is unable to sell his home after reducing the price several times. Mr. Kotrla said he would like for Sunoco to use Bird Pond Road instead of Roans Chapel Road. He said that he is disappointed in the Court. Reverend Robert Kennard, Jr. is the pastor of Roans Chapel Missionary Baptist Church. Rev. Kennard said the congregation is devastated by this. He said that the main concern is is that there is a historic church and cemetery that has been located there for 135 years and for that reason alone Sunoco should not be allowed there. He is worried about those who are entering and exiting the church with the trucks driving on the road. Reverend Kennard stated that it is the County's responsibility to do the right thing and he has faith that they will. Michelle Taylor told the Court that her home is located closest to Sunoco and shares a fence line. Mrs. Taylor said there has already been an incident where an 18 -wheeler was stuck. She said that it is not feasible to have these trucks on the roads. Mrs. Taylor is also a real estate agent and said there are eight homes for sale in the area. She said that seven of those eight homes have had to reduce their asking price. She asked the Court to please let them know what they can do to save their property. Eilene Svec Hugo told the Court that she has a son who has autism and mental retardation. She is very concerned for his safety. She said that she has asked for speed limit signs. She said the roads are not built to take the weight of the trucks and said there should be No Thru Trucks signs posted. She also expressed concern over possible accidents where oil is spilled onto property and suggested that another route be considered. Ken Beasley discussed road destruction and reduced property values in the neighborhood. He said that personal property rights are what it comes down to for him. Mr. Beasley also said he supports the church and preserving that tradition. He asked the Court to please take under advisement what has been said by the residents today. Cliff Copus said although he does not live in the neighborhood he is concerned for those who do. Mr. Copus said that it is crazy to allow a docking station there and very Vol. _-W el -J Pg. dangerous with the truck traffic. He believes the County is responsible for digging this hole and should now find a way out. Judge Peters stated once again that the Court appreciates everyone coming in and making their concerns known, but the Court cannot respond. Consider and take action on agenda items 3-37: 3. Resolution 16-022 of Intent to Establish a Brazos County PACE Program. The Court voted unanimously to adopt Resolution 16-022 of Intent to Establish a Brazos County PACE Program. Commissioner Cauley described the PACE Program and said that a Public Hearing is scheduled for Tuesday, October 11, 2016 at 10:15 a.m. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Approval of bonds to be issued by Industrial Development Authority of the County of La Paz, Arizona to finance a Astin Aviation CLL, LLC Easterwood Airport Project located in Brazos County, solelyforthe purposes of Section 147(f) of the Internal Revenue Code and for which Brazos County will have no liability. This is financing for new hanger facilities at Easterwood Airport, but there is no liability to Brazos County. This also certifies that a Public Hearing was held at Easterwood Airport on September 26, 2016 at 3:00 p.m. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Reappointment of the following as fire commissioners for Brazos County Emergency Service District #2; term of appointments are 1/1/2017 to 12/31/2018: • a. Larry West • b. Diana Kurten • c. Justin Irick Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Vol. -� I'Jq Pg._4e 6. Appointment of Judges and Alternates for November 2016 General Election. The Court approved as submitted the list of appointments for Presiding Judge and Alternate Judge for a period of 1 year, ending July 31, 2017. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Brazos County Payroll for Fiscal Year 2017. The Court approved as submitted the Payroll for FY 2017. Salary and Wages - $44,262,192.00 Benefits - $23,588,530.00 Total = $67,850,722.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 8. Order 16-009 Directing the Payroll Fund to the General Fund of Brazos County. A copy of the order is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 9. Request for Approval of Out of State Travel for Jail Administrator Mr. Wayne Dicky to attend the American Jail Association Fall Board Meeting in St. Louis, MO October 11-14, 2016. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Approval of Non -Profit application for the Brazos County Inmate Work Crew Labor force to work the Aggieland Humane Society on October 14, 2016 to assist with moving and setting up the equipment for the Weinerfest 2016 at the Wolf Pen Creek Amphitheater. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 11. Appointment of Tony Piccolo as a non -paid reserve deputy for Constable, Precinct 2 office. Vol._ Pg. `�% Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Request from the Election Administrator for variance of comp time policy to allow employees to accrue more than 40 hours until February 28, 2016. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Acceptance of donated property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Request from the Budget Office for the following personnel change effective October 8, 2016, due to an Amended Order Determining Compensation of Court Reporters filed on August 23, 2016. This will have an increase to the 361 st District Court's budget in the amount of $1,767.00. • Increase Court Reporter- 361st District Court, Class Code 2530 Position 1, Group NA Step NA to Group 25 Step 12, Biweekly Rate of $2,774.81 to $2,830.40, Pay Code 013. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Request from the Juvenile Services Department for the following personnel change effective October 8, 2016. This will have no budgetary impact to the FY 17 Juvenile Administration's budget. • Move Quality Assurance Admin., Class Code 2812 Position 1, Group 20 Step 10 to Group 22 Step 6, Pay Code 014 Hourly to Pay Code 013 Salary Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Approval of the following job descriptions: • a. (Class Code 2700) Fleet Service Director, Fleet Services • b. (Class Code 0801) Director, Brazos Center • C. (Class Code 2812) Quality Assurance Administrator, Juvenile Services • d. (Class Code 2802) Assistant Detention Superintendent, Juvenile Services • e. (Class Code 1429) Deputy Sheriff -Crime Prevention, SO Admin. • f. (Class Code 1421) Deputy Sheriff -Recruiting, SO Admin. Vol. g� pg.__�(x • g. (Class Code 1433) Process Svr.,-Deputy Sheriff, SO Admin. • h. (Class Code 2530) Court Reporter, 361st DC • i. (Class Code 1519) Detention Officer -Temp., SO Jail • j. (Class Code 0423) Office Manager/Bookkeeper, District Attorney • k. (Class Code 0819, Position 02) Building Event Worker, Brazos Center • I. (Class Code 0819, Position 03) Building Event Worker, Brazos Center A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Request approval to wire transfer up to $67,500 to the Texas Health and Human Services Commission (HHSC) as part of the Texas Healthcare Transformation and Quality Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide matching funds to St. Joseph for the Prenatal Clinic program. This project is under the Delivery System Reform Incentive Payment (DSRIP) pool of funds. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Request authorization to wire transfer to the Texas Health and Human Services Commission all funds avaliable and allowed during FY 2017 from institutional health care providers participating in this program. Pursuant to Section 296.003 of the Health and Safety Code, the Commissioners Court of Brazos County has authorized the county to participate in a county health care provider participation program and establish a Local Provider Participation Program. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Payment Authorization to AHI in the amount of $94.80 for office supplies; amount of invoice exceeded amount of purchase order. A motion was made by Judge Peters to remove this item from the agenda. The motion was seconded by Commissioner Wassermann and passed unanimously. Motion: Remove, Moved by County Judge Duane Peters, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 20. Request from the Expo for approval to retain one of the two 2007 Kawaski Mules that is being replaced in FY17 to be used exclusively as backup until it is inoperable FVO . �2 �=4� Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Request from the Auditor for an additional $3,538 in the Capital Improvement Fund for the updated quotes from Sungard and Dell for the upgrade to the financial software, Finance Plus, Community Plus and Cognos. Total project is not expected to exceed $88,370. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 22. Approval of the contract with Sungard Public Sector for the upgrade of Finance Plus/Community Plus and the Cognos reporting software. Approval of the contract will put us on a 6 month waiting list with Sungard. 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. 23. Renewal of participation in the Texas Association Risk Management Pool's Workers' Compensation program and selection of additional coverages. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 24. Consider and take action on the agreement for the payment of Brazos County funds in the amount of $25,000.00 to be used by The Bryan/College Station Convention and Visitor's Bureau to be used fro promote toruism for the Brazos County Expo. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 25. Approval of the following funding agreements for FY 2017: • a. Brazos County Historical Commission • b. Brazos County Soil & Water Conservation District #450 • c. Brazos Valley Food Bank, Inc. • d. Bryan/College Station Chamber of Commerce, Inc. • e. National Alliance on Mental Illness A copy of the funding agreements is attached. WPI. _�5�_,J'— P9• �� 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 a contract renewal with the Texas Juvenile Justice Department for the Juvenile Services Department to provide parole services for Brazos County youth. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 27. Discuss and take possible action on a contract with the Leon County Juvenile Probation Department for the contracting of pre -adjudication detention beds. A copy of the contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 28. Discuss and take possible action on a contract renewal with Nexus Recovery Center for residential juvenile services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 29. Approval of the following lease agreements with Southwood West: • a. 17-229 for Constable Pct. 1 • b. 17-230 for Justice of the Peace Pct. 1 A copy of the lease agreements is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 30. Approval of contract # 17-088 Maintenance of Xerox Copiers with Dahill Office Technology Corp. 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. Pg. 5 31. Request permission to lease private property owned by Mary Dworaczyk located at 4440 Dilly Shaw Tap Road for the purpose of a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. County will lease the property for a period of 12 months at $100 per month. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 32. Request permission to enter undrilled oil well pad site owned by Halcon Energy Properties, Inc. located on the property of Mary Dworaczyk at 4440 Dilly Shaw Tap Road. Site will be used as a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner -Loyd Wassermann. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 33. Acceptance of Special Warranty Deed from Philip Bienski for 0.70 acre of land to be used for improvements to Smetana Road located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd Wassermann. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 34. Tax Refund Applications for the following: • a. Wendy Simmers -overpayment -$148.17 • b. Roger & Edwina Ramczyk-overpayment-$185.59 • c. Clyde Goen-overpayment-$98.34 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 35. Budget Amendments. a. Budget Amendments FY 15/16 53.1 - 53.2 53.1 Reallocate funds for Information Technology. 53.2 Reallocate funds for Election Administrator. b. Budget Amendments FY 16/17 1.1 - 1.20 1.1 Reallocate funds for Justice of the Peace Security Fund. 1.2 To set up FY17 budget for TXDOT-Statewide and Research Grant. 1.3 Reallocate funds for Indigent Health Care. FoLizl?—te Pg._ 1.4 Transfer funds from Community Support to General Fund Contingency. 1.5 Reallocate funds for Non -Departmental. 1.6 Reallocate funds for Community Support -County Support. 1.7 Reallocate funds for the Expo Center. 1.8 Reallocate funds for the Brazos Center. 1.9 Reallocate funds for Hotel Occupancy Tax Fund. 1.10 Reallocate funds for Tax Assessor/Collector. 1.11 Reallocate funds for Information Technology. 1.12 Reallocate funds for Facility Services. 1.13 Reallocate funds for Non -Departmental. 1.14 Reallocate funds for Non -Departmental. 1.15 Transferfunds from General Fund Contingency to Tax Assessor/Collector. 1.16 Transfer funds from General Fund Contingency to 361 st District Court. 1.17 Reallocate funds for General Capital Improvement. 1.18 Transfer funds from Non -Departmental to the Brazos Center. 1.19 Transfer funds from Non -Departmental to the Brazos Center. 1.20 Reallocate funds for Sheriff's Department -Crime Fund. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 36. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 37. Payment of Claims. Claims 7148785-7148989 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 38. Sheriff's report on inmate population. Sheriff Chris Kirk announced that they are working with the new Odyssey program this morning and there are 621 inmates in jail, 31 have electronic monitors and 4 are pending for monitors. 39. Announcement of interest items and possible future agenda topics. Vol. Z Pg. �� There were no announcements. 40. Call for Citizen input and/or concerns Information Technology Director Eric Caldwell gave an update to the Court on how the "go live" date went on the new Odyssey program. Mr. Caldwell said that everything went relatively well. He said there were some issues but those should be worked out soon. Mr. Caldwell also told the Court that quotes for the automation of evidence management module (RMS) have come in. He said that he hopes to have the contract on the agenda next week. Judge Peters said that he appreciates the efforts of the staff in the IT department and all the departments who have worked diligently on the new Odyssey program. 41. Adjourn. The foregoing minutes of the Commissioners Court meeting held October 4, 4,,2016 have been examined and are approved in open Court this Ie4ll day of ' V�Wkf , 2016, in Bryan, Brazos County, Texas. Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 SaAny CaXlena Kenny Mallar Commis oner, Precinct 2 Commissioner, Precinct 3 Irma Cauley— Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Vol. 5Z BRAZOS COUNTY COMMISSIONER'S COURT DAY OF Name 20 Organization (PLEASE PRLNT) f. t VOL a2 SLj pg. BRAZOS COLT�TTY COMMS SIONEW S COURT QDAY OF Name (PLEASE P /31`/( P6((etd ) U�ja& 5Aa7,0 i 1 &0- P'Low 12 i =-- 7ev.�' Genic i 20/6 Organization (PLEASE PRNT) A �— rm- c wf (f --> 7c)w,% PACA: AvfLe. K CA BRAZOS COUNTY CON/MSSIONER' S COURT J I ' Name (PP(F�A�SE PRL T' i�� ` l� �:- �i i 20/1, _ Orcanization (PLEASE PRINT) M�AM�lwm willciffIRi — Pg. 5� " 5 BRAZOS COUNTY COMMISSIONTEW S COURT DAY OF Name (PLEASE PRL Ti �r Gl,rv,e (\ �LJcr 20 Organization (PLEASE PRL T) 4ut- (ik%L �a`1 44 '`t k v' BRAZOS COUNTY COMMISSION WS COURT 4 DAY OF , 201.6 Name Organization (PLEASE PR NT) PLEASE PR[NT) n 4, fs � )- Y`n 0 t-Y� I BRAZOS COUNTY COMMISSIONERS COURT RESOLUTION OF INTENT TO ESTABLISH A BRAZOS COUNTY PACE PROGRAM STATE OF TEXAS BRAZOS COUNTY WHEREAS, The 83rd Regular Session of the Texas Legislature enacted the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the "PACE Act"), which allows the governing body of a local government, including a County, to designate an area of the territory of the local government as a region within which an authorized local government official and the record owners of commercial, industrial, and large multifamily residential (5 or more dwelling units) real property may enter into written contracts to impose assessments on the property to repay the financing by the owners of permanent improvements fixed to the property intended to decrease water or energy consumption or demand; and WHEREAS, the installation or modification by property owners of qualified energy or water saving improvements to commercial, industrial, agricultural, and large multifamily residential real property in [City/County] will further the goals of energy and water conservation without cost to the public; and WHEREAS, the Brazos County Commissioners Court finds that financing energy and water conserving projects through contractual assessments ("PACE financing") furthers essential government purposes, including but not limited to, economic development, reducing energy consumption and costs, and conserving water resources; and WHEREAS, the Brazos County Commissioners Court, subject to the public hearing scheduled as provided below, at which the public may comment on the proposed program and the report issued contemporaneously with this resolution, finds that it is convenient and advantageous to establish a program under the PACE Act and designate the entire geographic area within the County's jurisdiction as a region within which a designated County representative and the record owners of qualified real property may enter into PACE financing arrangements: THEREFORE, be it resolved by the Commissioners Court of Brazos County that: 1. The Recitals to this Resolution are true and correct and are incorporated into this Order for all purposes. 2. Brazos County hereby adopts this Resolution of Intent and finds that financing qualified projects through contractual assessments pursuant to the PACE Act is a valid public purpose. 3. Brazos County intends to make contractual assessments to repay PACE financing for qualified energy or water conserving projects available to owners of commercial, industrial, agricultural, and large multifamily residential real property. The program is to be called Brazos County Property Assessed Clean Energy ("Brazos County PACE"). 4. The following types of projects are qualified projects for PACE financing that may be subject to such contractual assessments: Projects that (a) involve the installation or modification of a permanent improvement fixed to privately owned commercial, industrial, or agricultural real property or residential real property with five (5) or more dwelling units, and (b) are intended to decrease energy or water consumption or demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. An assessment may not be imposed to repay the financing of facilities for undeveloped lots or lots undergoing development at the time of the assessment or the purchase or installation of products or devices not permanently fixed to real property. S. The boundaries of the entire geographic area within Brazos County's jurisdiction are the boundaries of the region where PACE financing and assessments can occur. 6. Financing for qualified projects under the PACE program will be provided by qualified third -party lenders chosen by the owners. Such lenders will execute written contracts with Brazos County's representative to service the assessments, as required by the PACE Act. The contracts will provide for the lenders to determine the financial ability of owners to fulfill the financial obligations to be repaid through assessments, advance the funds to owners on such terms as are agreed between the lenders and the owners for the installation or modification of qualified projects, and service the debt secured by the assessments, directly or through a servicer, by collecting payments from the owners pursuant to contracts executed between the lenders and the owners. The lender contracts will provide that Brazos County will maintain and continue the assessments for the benefit of such lenders and enforce the assessment lien for the benefit of a lender in the event of a default by an owner. Brazos County will not, at this time, provide financing of any sort for the PACE program. 7. Brazos County will contract with a qualified non-profit organization to be the independent third - party Authorized Representative. 8. The report on the proposed PACE program prepared as provided by Tex. Local Gov't Code Sec. 399.009, is available for public inspection on the Internet website of Brazos County and at 200 S. Texas Avenue, Suite 310, Bryan, TX 77803, and is incorporated in this resolution and made a part hereof for all purposes. 9. The County Commissioners Court will hold a public hearing on the proposed PACE program and report on October 11, 2016 at 10:15 a.m. in the County Commissioners Courtroom, Suite 106 at 200 S. Texas Avenue, Bryan, Texas 77803. Adopted this _ day of 2016. Duane Peters, Brazos `%��IiL� GUIIiLQ,.2� `ztll.�tir/ Lloyd W ssermann S Commissioner, Precinct 1 Comm Kenny Mallard Commissioner, Precinct 3 Vol. Pg.� CERTIFICATE OF RESOLUTION The undersigned County Clerk of Brazos County, Texas, hereby certifies as follows: 1. The Commissioners Court ofrazos County, Texas (the "Commissioners Court") convened in regular meeting on the � day of ;Jp{?p r . 2016, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of said Commissioners Court, to wit: Duane Peters, County Judge Lloyd Wassermann, Commissioner, Precinct No. I Sammy Catalena, Commissioner, Precinct No. 2 Kenny Mallard, Commissioner, Precinct No. 3 Irma Cauley, Commissioner, Precinct No. 4 and all members of the Commissioners Court were present, except thus constituting a quorum. Whereupon, among other business, a written Resolution (the "Resolution") bearing the following caption was introduced for consideration by the Commissioners Court. A RESOLUTION OF THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, APPROVING THE ISSUANCE OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF LA PAZ, ARIZONA AIRPORT FACILITIES REVENUE BONDS AND THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS was duly introduced for the consideration of said Commissioners Court and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: Ayes: S Noes: Abstention: 2. A true, full, and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Resolution has been duly recorded in the Commissioners Court's minutes of the meeting; that the persons named in paragraph I above are duly chosen, qualified and acting officers and members of the Commissioners Court as indicated therein; that each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the meeting, and that the Resolution would be introduced and considered for adoption at the meeting; that the meeting was open to the public as required by law; and that public notice of the hour, date, place and subject of the meeting was given as required by the Texas Open Meetings Act (Texas Government Code, Chapter 551), as amended. Fol.�. Pg_� SIGNED and SEALED on this j_ day of O%LO472016. County Clerk Brazos County, Texas i S i, (SEAL) 7r: nate o esolution Vol.. p9•—--- _ e COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS RESOLUTION NO. I (e-623 A RESOLUTION OF THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, APPROVING THE ISSUANCE OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF LA PAZ, ARIZONA AIRPORT FACILITIES REVENUE BONDS AND THE PROSECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS WHEREAS, The Industrial Development Authority of the County of La Paz, Arizona (the "Issuer") was created pursuant to the Industrial Development Financing Act, Title 35, Chapter 5, Arizona Revised Statutes, as amended (the "Act"), and has the power to issue bonds and to use the proceeds thereof to provide money to make loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of projects (as that term is defined in the Act), including airports, parking facilities or storage or training facilities directly related to airports; and WHEREAS, Astin Aviation CLL, LLC, Texas limited liability company (the "Company") has requested that the Issuer issue, and the Issuer has approved the issuance of, its Airport Facilities Revenue Bonds Series 2016A and 2016B (the "Bonds") pursuant to the Act and pursuant to a Trust Indenture between the Issuer and Wilmington Trust, National Association, as trustee (the "Indenture"), and that the Issuer loan the proceeds of the Bonds to the Company, pursuant to a Loan Agreement between the Issuer and the Company (the "Loan Agreement") for the purpose of (a) financing and refinancing the cost of certain airport facilities for the Company, (b) paying capitalized interest, and (c) paying a portion of the costs of issuance of the Series 2016 Bonds (collectively, the "Project"); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that the Bonds and the Project be approved by the governmental unit in which the Project is located after a public hearing following reasonable public notice; and WHEREAS, the Commissioners Court of Brazos County, Texas (the "County") has been requested to approve the issuance of the Bonds and the Project in accordance with the requirements of the Code, and has been furnished with an affidavit of publication of notice of such hearing which was published in a newspaper of general circulation available to residents within the boundaries of the County and minutes of the public hearing conducted in connection therewith; and WHERE, AS, the Commissioners Court desires to approve the issuance of the Bonds and the Project; and WHEREAS, the actions of the Issuer with respect to the Project and the Bonds (including the issuance of the Bonds and the execution and delivery of the Indenture and Loan Agreement) and the action of the County Judge and the Commissioners Court with respect to the matters described herein will create no liability for the County, the County Judge or the Commissioners Court. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: SECTION 1 Vol. "_z� Pg./P J, The Commissioners Court hereby approves the issuance of the Bonds and the Project, for the limited purposes stated herein. SECTION Z The authorization to approve the Bonds and the Project is made for the sole purpose of satisfying the requirements of Section 147(f) of the Code, and for no other purpose and shall not be construed as a representation, warranty or other undertaking of any kind by the County, the County Judge or the Commissioners Court in respect of the Bonds or the Project. The Bonds shall not constitute obligations of the County or a pledge of its faith and credit, and the County shall not be obligated to pay the Bonds or the interest thereon or otherwise incur any liability in respect thereof. SECTION 3 The County Judge and County Clerk of the County and other officers of the County are hereby authorized to execute and deliver such instruments, certificates or documents necessary or advisable to carry out the intent and purpose of this resolution. SECTION 4 This Resolution shall take effect immediately upon its passage and shall continue in force and effect from the date hereof. Vol. Z - pg. PASSED, APPROVED, AND ADOPTED THIS `/%AY OF C�kW�K 2016. By: Nan Titlt ATTEST: By: �- Name: MeWUn Title: APPROVED AS TO FORM AND LEGALITY: By: Nan Tith Resolution Vol. �` � p9•��- CERTIFICATE OF THE COUNTY JUDGE OF BRAZOS COUNTY, TEXAS The undersigned County Judge of Brazos County, Texas, (the "County") hereby certifies with respect to the issuance by The Industrial Development Authority of the County of La Paz, Arizona (the "Issuer") of its Airport Facilities Revenue Bonds (the "Bonds"), that: 1. This certificate is based upon the CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING attached hereto as Exhibit A relating to the public hearing conducted on September 26, 2016, by the duly appointed hearing officer of the Issuer in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and 2. Solely for purposes of the approval requirements of the aforesaid Section 147(f) of the Code, and for no other purposes, in my capacity as County Judge, I hereby approve the Bonds and the facilities to be financed with the proceeds of the Bonds; provided, however, THAT THIS APPROVAL SHALL NOT BE CONSTRUED AS (1) A REPRESENTATION OR WARRANTY BY THE COUNTY, THE COUNTY JUDGE OF THE COUNTY, THE STATE OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE PERFORMED; (2) A PLEDGE OF FAITH AND CREDIT OF THE COUNTY OR THE STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS OR THE COUNTY; OR (3) A REPRESENTATION OR WARRANTY BY THE COUNTY CONCERNING THE VALIDITY OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF THE BONDS. l' D County Judge, Brazos County, "Texas Date: _JO/ 2016 Fvo l. __ Pg. CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING Re: The Industrial Development Authority of the County of La Paz, Arizona Airport Facilities Revenue Bonds The undersigned, Randy McDougal, designated Hearing Officer of The Industrial Development Authority of the County (the "Issuer"), the Issuer of the above -referenced bonds (the "Bonds"), called the Public Hearing of the Issuer held in Conference Room 115 at Easterwood Airport, located at 1 McKenzie Terininal Bouleivard, College Station Tex8 77845, on September 26, 2016 to order at 3:00 p.m. I declared that a Public Hearing required under Section 147(f) of the Internal Revenue Code of 1986 was open for purposes of discussing the Bonds and the project to be financed, -- -- refinanced or-constructed-with-the-proceeds-of-the-Bonds(the "Project")by Astin-Aviation-CLL LLC, a Texas limited liability company. I declared that the required notice of the Public Hearing for the Project was published in The Eagle, being a newspaper of general circulation in the City of College Station, Texas, as evidenced by an Affidavit of Publication attached hereto as Schedule I. I proceeded to hold the Public Hearing. No member of the public attended the Public _ Hearing and thus no comments were made or discussed about the Project or the Bonds. After sufficient time was given for any member of the public to make their comments with respect to the Bonds and the Project, I declared the Public Hearing closed at s - /5' p.m. DATED: September 26, 2016, Randy McDougal, H aring Officer The Industrial Development Authority of the County of La Paz, Arizona Vol. AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTY OF BRAZOS § CITY OF COLLEGE STATION § BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of The Eagle, which is a newspaper of general circulation in the City of College Station, Texas, devoting not less than 25% of its total column lineage to the carrying of items of general interest, published not less frequently than once each week, entered as second-class postal matter in the county where published, and having been published regularly and continuously for not less than 12 months prior to the making of any publication; and that a true and correct copy of the NOTICE OF PUBLIC HEARING, a clipping of which is attached to this Affidavit, was published in said Newspaper on September 9, 2016. Authorized O icer or Employee SUBSCRIBED AND SWORN TO BEFORE ME on the Z�/ day ow.4t- 2016. TTT ,N y t>N N� NyPublic Now 01 Vol. __o_�%-�' P9.� OPrescribed by Secretary of State Section 32.002 (d), V.T.C.A., Election Code 8/07 I, Trudy Hancock, REO, Elections Administrator of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a I year term, ending on July 31, 2017. Yo, Trudy Hancock ILEO, Administrador de Elecciones del Condado de Brazos someto par este media para nombrar las personas siguientes como juez de presidencia yjuez alterno par alas elecciones conducidas por el condado como requerido, segun el recibo de las listas oportunas sometidas pop, las sillas politicas apropiadas del parlido o segun to recomendado par mi si no Iwy listas oportunas sometidas al lado de las sillas del partido. La Cita sera un tirmina de 1 aho, terminando el 31 de Julio de 2017. Vote Center Centros de Votacidn Presiding Judge Juez de presidenciar Alternate Judge Juez alterno Millican Community Center Thaddeus Adams *R* Peggy Watson *D* Siegert Center—Smetana Harold Eaton *D* Jonathan Hoerton *R* Galilee Baptist Church ShirleyCarter *D* Doris Emshoff *R* Zion Church of Kuacn Carol Nichols *R* Elo ce Grimes *D* Parkway Baptist Church Donald Trac *R* Jack Miller *D* College Heights Assembly of God Church Arthur Pinto *R* Bobby Slovak *D* First Baptist Church Bryan Diana Davis *R* Susan Spears *D* Beacon Baptist Church Nicholas Perez-Hemandez *R* Princess Jones *D* Bryan Ballroom Jesse Osti uin *D* Joe Moreno *R* Brazos County Administration Bldg Barry Clar *D* Robert Bruce *R* MSC —TAMU Boyd Che*R* Bob Presley*D* GW Williams Tabemacle Denise Ra *D* Ken Stump *R* Pct. 4 Volunteer Fire Station - Brushy Ruby Ellis *D* Glenn Scott *R* Lincoln Center Andre Steen *D* MurrayBennett *R* College Station City Hall Gary Thomas *R* Joe Callaway *D* College Station ISD Administration Bldg Debbie Foster *R* Faye Dail *D* Fellowship Freewill Baptist Church Ed Bisku *R* Oscar Chavarria *D* Castle Heights Baptist Church Barbara Cooper *D* *R* St Francis Episcopal Church Bill Edison *R* Rosemarie Swanson *D* Aldersgate Methodist Church Peter Grand'ean *R* Joyce Louis *D* Christ United Methodist Church Dixie Trac *R* Brian Buchner *D* Arena Hall George McDonald *R* Lynn Kruger *D* Brazos Center Marla Calvin *R* Barry Bauerschla *D* Wellborn Community Center Patricia Lassiter *R* Tina Hanna *D* Living Hope Baptist Church Sandra Walker *R* Charles Fraser *D* Church of the Nazarene Debbie Pipes *R* Marie Stinnett *D* Central Count Manager Darlene Nichols Tabulating Supervisor Cray Crouse Early Voting Ballot Board Bob Davis *R* Marianne Arnold *D* Central Count Bob Davis *R* Pamela Harper Smith *D* Issued this the - r day of October, 2016. Emitado este dia de Octobre de 2016 A ROVED: uane Peters, Brazos County 3udge Juez del Condado de Brazos FVol.z�_ Pg• -1.— PRO Duane Peters Date MEMORANDUM County Judge DATE: October 4, 2016 TO: Duane Peters, Brazos County Judge Lloyd Wasserman, Commissioner Pct. 1 Sammy Catalena, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Irma Cauley, Commissioner Pct. 4 FROM: Laura Taylor Davis, Brazos County Treasurer RE: The following agenda items: (1) Approve the Annual Payroll and (2) Direct the Payroll Fund to the General Fund (1) Approval of the Brazos County Payroll for Fiscal year 2017 (10101/16-9130/17) (2) SALARY AND WAGES $ 44.262,192.00 BENEFITS $ 23.588.530.00 TOTAL $ 67.850.722.00 fund of Brazos County. 154.007. Use of General Fund Instead of Salary Fund (a) At its first regular meeting In the first month of each fiscal year, the commissloners court may direct, by order entered in its minutes, that all money that otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county. (b) In a county in which the order is adopted, a reference in this chapter (154) to a salary fund means the general fund. Acts 1987, 76° Leg., ch. 149, 1, eff. Sept. 1, 1987 Vol. oLI – Pg.—,7 — a BRAZOS COUNTY BRYAN, TEXAS ORDER NO. 16-009 DIRECTING THE PAYROLL FUND TO THE GENERAL FUND IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of the Local Government Code. ADOPTED this 4th day of October, 2016 by a vote of 5 ayes and © nays. Duane Peters County Judge ATTEST: &i: C664�zy KareA McQueen County Clerk Office of (he County Judge . 200 S. Texas Ave. . Suite 332 . 9 an, Texas 77803 . Fax: (979) 361-4503 voi. 3 pg. -_Z - L � �o v � n 3 0 8 n �i I F+ m P L N o '"j F N (� 21 SII 01■ N U Vol. _ � Pg._/7 S y C a - [F-.7 O O q ii fl O r _ L� N V1 0 O F ^ n i z�z e UOG�o , O ^ 9 q Z v O o o y K n •, o. F o � H L1 a a � C9 �o v � n 3 0 8 n �i I F+ m P L N o '"j F N (� 21 SII 01■ N U Vol. _ � Pg._/7 � .0 ) al r-VOLI-4/=p9,-Lj-:L . I [�] ) \ a ())\ }{ ] — ! 2&�= co\ \ \ \ \ \ �— ° �\\\ : u $$! \\} .0 ) al r-VOLI-4/=p9,-Lj-:L " Brazos County .o' Job Description �rF OF ea"" Last Updated: September 2016 1� Template Revision 1.20B115r2012 Class Number: 2700 Title: Fleet Service Director Pay Group: N/A Department: Fleet Services FLSA Status: Exempt Reports To: Commissioner's Court Approved Date: 10/01/2016 EEOC Category: Officials and Administrators General Summary: Oversees and administers preventive and corrective maintenance on county vehicles and equipment; and supervises the work performance of the Resource specialists, Mechanics, the Mechanics' Helper, and the Parts Manager. Manages Brazos County Fleet and Personnel to do so. Essential Duties: Supervises Mechanics, Resource Specialists, the Mechanics' Helper, and the Parts Manager, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Coordinates corrective and preventive maintenance of county vehicles and equipment; Selects qualified and cost-effective vendors to perform some vehicle and equipment service; Reviews vendor's service work; Prepares reports relating to parts and services; Maintains inventories and orders and purchases materials, parts, and office supplies needed for the maintenance and repair of county vehicles and equipment; Prepares and submits specifications for the purchase of new equipment and vehicles, and meets with vendors to obtain best price; Oversees corrective maintenance on county's vehicles and equipment, including performing engine rebuilds and repairs of hydraulic, electrical, cooling, and fuel systems, drive trains, and body work; Oversees scheduled maintenance on vehicles and equipment, including tune-ups, oil and filter changes, grease jobs, battery checks, tire and lubrication checks, and other preventive maintenance; Provides maintenance expertise to mechanics as needed; and Oversees the cleaning and maintenance of tools, diagnostic equipment, and the county garage in an orderly manner. Other Duties as assigned. 1 % Su ervision Received: From Commissioner's Court Given: Supervises Resources Specialists, Mechanics, the Mechanics' Helper, and the Parts Manager,.including assigning and reviewing work, conducting performance reviews, and recommending personnel actions. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least six years of experience. Preferred: 14it : Certificates, Licenses, Registrations Required:- Class C Driver's License. 4-8 years of automotive mechanical diagnosis, problem solving and repair experience. To perform this job successfully, an Indlvidual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ASE Certifications Preferred: Vol. _' — Pg•_� Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to Typical: successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as tools and equipment. Specific vision abilities required by this job include close vision and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Methods, practices, equipment and materials used on the service and repair of automotive equipment; safe operation and repair of automotive, light, and heavy equipment, including brake, hydraulic, and electrical systems; supervisory management skills, personnel policies and procedures; standard office practices and procedures; purchasing policies and procedures; and personal computers. Organize and prioritize tasks to be assigned and completed; analyze and evaluate overall condition of county vehicles and equipment; supervise, train, evaluate, and motivate employees; read and interpret automotive and vehicle manuals; operate computer, using standard word-processing and spreadsheet software; communicate effectively, both orally and in writing; assist others in proper repair and service of vehicles and equipment; diagnose problems and repair vehicles and equipment; apply safely standards to prevent hazards; tolerate adverse working conditions; work effectively and cooperatively with co-workers; and maintain Texas driver's license applicable to job responsibilities, Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee Is constantly required to work closely with others as a part of a team. The employee is frequently required to perform multiple tasks simultaneously and switch from one task to another. The employee Is occasionally required to perform tedious and exacting work and work under time pressures to meet deadlines. Duane Peters bate County Judge Vol. ` L p9•+L-1 Brazos County Job Description Last Updated: September 2012 Template Roris:,.1 2 OVISI2012 Class Number: 2812 Title: Quality Assurance Administrator Pay Group: 22 Department: Juvenile Services FLSA Status: Exempt Reports To: Assistant Director Approved Date: 10/01/2016 EEOC Category: Professional General Summa Develops, implements and administers a quality assurance program to include developing quality management tools, monitoring quality, conducting audits, resolving programmatic issues, and ensuring compliance with established policies, procedures and all mandated federal, state and local laws and regulations. Essential Duties: Conduct routine audits on every unit within the department. View compliance with all standards of care and with pollcy and procedure. Prepare written reports of audit findings. Conduct or assist in tralnings relating to Standard revisions/compliance. Serves as the department's designated PREA Coordinator. Assist department in all audit preparations. Conduct random hard copy and electronic audits. Assist the Assistant Director with any Policy and Procedure review/changes. Assist in writing new or revising Departmental Policy and Procedures. Review existing Policy and Procedure to ensure compliance with standards of care. Review non -staff related grievances as instructed by the Assistant Director. Review all Abuse, Neglect and Exploitation Allegations and investigations. Conduct and or assist in the investigation of Abuse, Neglect and Exploitation as instructed by the Assistant Director. Serves as the child advocate for youth in the detention center. Review all Departmental documentation related to use of force and restraints. Review all serious incident reports. Maintain and report statistical information as instructed by the Assistant Director. Review departmental practices, equipment, systems and procedures to ensure optimal operational efficiency. Notify the Deputy Director/ Assistant Director of potential liability situations. Conducts quality management monitoring reviews and audits of all program activities to ensure compliance with applicable federal, state and local laws and regulations. Designs and implements a quality management monitoring system, collects data, maintains records and generates reports. Works In collaboration with staff, other departments and external agencies in resolving programmatic issues or creating corrective action plans related to any identified compliance discrepancies. Researches state and federal regulations, recommends changes in program activities, and policy and procedure. Maintain 80 hours biannually of approved training to maintain JPO and JSO certifications. on call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department's Code of Ethics. Maintain security and confidentiality of all case information, files and chronological notes as required by the Texas Family Code. Facilitates and participates in departmental programs. The duties listed above are intended only as Illustrations of the various types of work that may be performed. Other duties may be assigned. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. 1 % Supervision Received: Assistant Director Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. Preferred: Experience . - Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements .listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Certificates, Licenses, Registrations Required: Valid Texas drivers license with appropriate liability auto insurance coverage (Drivers license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer and juvenile supervision officer through TJJD, which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof (on employers letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender r@aislrati99_b�gCP�nd check Preferred: Physical Demands Typical: Duties require dally standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, 6 Abilities Typical: An understanding of human behavioral patterns and the ability to apply good judgment In dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. APPROVED "eIuaPe ars County Judge a" t�°pr Brazos County y Job Description or ee>"+ Last Updated: September 2016 Tomplalo Rodson 1.2 06/1512012 Class Number: 2802 Title: Assistant Detention Superintendent Pay Group: 22 Department: Juvenile Detention FLSA Status: Exempt Reports To: Detention Superintendent Approved Date: 10/01/2016 EEOC Category: Officials and Administration General Summary: The Assistant Detention Superintendent Is responsible for the overall operations of the detention facility in the absence of the Detention Superintendent. The Assistant Detention Superintendent shall ensure the detention facility is operated in a safe and orderly manner and adhere to compliance standards as set by the Juvenile Board and the Texas Juvenile Justice Department. Essential Duties: Work a flexible schedule based on the needs of the institution. Assist the Detention Superintendent in the evaluation and hiring of detention staff. Address personnel issues with detention staff. Develop detention staff work schedules in cooperation with the Detention Superintendent. Develop, implement, coordinate and evaluate all programs within detention. Issue assignments to Supervisors, JPO'S, Kitchen Personnel, Custodian and Supervision Officers. Maintain a comprehensive knowledge of the Juvenile Justice System, TJJD Standards that apply to juvenile detention centers, as well as Health Department Regulations that apply to the operations and management of a full-service kitchen and food services program. Maintain a comprehensive knowledge of fire system and emergency management protocols. Maintain statistical data bases and logs as directed. Assist in the implementation and evaluation of policies and procedures. Ensure all detention files are complete and regularly updated. Enforce detention residents' rules and regulations. Ensure proper implementation of standards of care, as well as department policies. Oversee juvenile disciplinary hearings. Generate and/or review disciplinary incident reports. Review juvenile progress and assigned levels in residential program. Keep the Superintendent apprised of any problems or concerns within the facility. Work directly with other staff members to help create and maintain a professional working environment. Assist with the procurement of needed supplies for the detention programs and services. Become proficient in audit requirements and serve as a member of the Audit Preparation team for the department. Obtain and maintain proficiency in first aid, cardiopulmonary resuscitation, crisis intervention, physical restraints and fire safety regulations. Dispense prescription and over the counter medications as necessary. Make Intake decisions as outlined by law as needed; and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department's (TJJD) Code of Ethics. Maintain security and confidentiality of all case information, files and chronological notes as required by the Texas Family Code, and department policy. Other duties may be assigned. The duties listed above are Intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work Is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. 1% Supervision Received: Detention Superintendent Given: Supervise Juvenile Detention Officers, Detention Supervisor, Detention Managers, detained juveniles and support staff in accordance with County and Department procedures, as well as State standards. This includes training of new officers and staff, conducting performance reviews, and recommending personnel actions. Conduct regular staff meetings regarding policies, procedures, problem solving, program planning and in- service training. Review and approve time sheets and time off requests. Education Required: Bachelor's degree in the preferred fields of Criminal Justice, Sociology, Psychology, Behavioral Science or related field, plus three (3) years of progressively responsible experience working with children or youth; with at least one (1) year in a residential, correction or detention setting. The one year of residential, correction or delention'setting experience may be waived by a Masters Degree. Preferred: EO Z9-- p'g._Yd Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The Required: requirements listed below are representative of the knowledge, skill, andlor ability required. Reasonable accommodations may be made as deemed appropriate. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile supervision Officer through TJJD. Preferred: proof of accreditation of your college or university, as well as written proof of required work experience from Certificates, Licenses, Registrations The noise level in the work environment is usually moderate. While performing the essential duties of this job, Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Drivers license requirements must be mel within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university, as well as written proof of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history, non -disqualifying child abuse history, and sex offender registration background check. Preferred: Physical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands andlor fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this jab. Must be able to perform physical and mechanical restraints on physically aggressive residents. Maintain mental and physical alertness at all times. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities TyplCa{' Must have thorough knowledge of the Texas Family Code. Ability to provide supervision of subordinate staff; ability to apply good judgment; and, ability to remain calm in stressful situations. Must have physical ability to make arrests and perform restraint techniques. Must possess experience and knowledge of managerial skills to directly supervise, train, motivate, and evaluate personnel. Ability to establish and maintain an effective working relationship with other county department personnel and officials, other agency staff, the public, and outside organizations. Ability to read and understand legal manuals, letters, and memos. Ability to write letters and memos. Ability to communicate effectively orally, both in person and over the telephone. Ability to complete assigned proJects in a timely manner. Ability to prioritize own and others work. Basic computer skills, which include knowledge of word processing and data entry. Ability to work independently and efficiently, yet as part of a team, Ability to apply good judgment. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harts as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. When possible, reasonable accommodations may be made as deemed appropriate. APPROV'7:::I;�� Duane Peters Date County Judge Vol. �� �'9•, — Brazos County Job Description Last Updated: September 2016 Temple Rovsii 1.2 0011512012 Class Number: 801 Title: Director Pay Group: NIA Department: Brazos Center FLSA Status: Exempt Reports To: Director of Special Event Facilities and Commissioners Court Approved Date: 10/01/2016 EEOC Category: Officials and Administration General -Summary, Oversees and performs activities necessary to ensure the safe and appropriate use of the Brazos Center and Brazos County Park, Including supervising all departmental personnel. Essential Duties: Develops and administers departmental policies and procedures including setting goals and objectives; Oversees the maintenance and use of facilities at the Brazos Center and Brazos County Park; Oversees and coordinates grounds maintenance functions; supervises department personnel, including assigning and reviewing work, conducting performance reviews, interviewing and selecting employees, and recommending and executing personnel actions; - Trains department personnel in job-related activities and duties as necessary; Performs risk management duties including monitoring the department's safety and liability risks; Prepares annual budget for approval by Commissioners' Court, examines and approves expenditures, and monitors budget; Confers with the Commissioners' Court regarding departmental activities through regular reports at the Commissioners' Court meetings; Oversees all departmental activities; Assists with marketing the Brazos Center facilities to potential customers statewide; and Assists customers on the telephone and in person with questions regarding the Brazos Center facilities. Other Duties as assigned. (1%) Supervision Received- From Commissioners Court ., Given: supervises departmental personnel, including assigning and reviewing work, conducting performance reviews, recommending and taking personnel actions. Education Required- Bachelor's degree: or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least four years of experience in facility management. Preferred: V0 l. ���✓� _ .2:2i,�Z __! Certificates, Licenses, Registrations Required: None. Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be mel by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Methods and practices used in event planning; strategic planning principles and methods; budgeting processes and procedures; supervisory management skills; accounting principles and practices; and personnel policies and procedures. Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate employees; develop goals and strategies; read and interpret policy, manuals, and written Instructions; balance accounts and approve financial documents; communicate effectively, both orally and in writing; and work effectively and cooperatively with co-workers. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level In the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and to switch from one task to another. The employee is frequently required to work undertime pressures to meet deadlines. APPROVED 10 Duane Peters Date County Judge Vol. 015 Brazos County Job Description Last Updated: September 2016 Tomplale Revision 1.2 tail 512012 Class Number: 1429 Title: Deputy Sheriff, Crime Prevention Pay Group: 22 Department: Sheriff's Office FLSA Status: Non Exempt Reports To: Training Coordinator Approved Date: 10/01/2016 EEOC Category: Protective Service Workers General Summary: The Crime Prevention Deputy (CPD) will utilize problem -oriented policing strategies (SARA) to resolve those issues that affect crime, fear of crime and quality of life in Brazos County. The CPD strives to build partnerships with county residents, business owners and religious leaders to foster better community involvement in problem solving. The CPD works closely with existing units within the Sheriffs Office such as the Patrol Division, the Criminal Investigations Division, the Warrant Unit, the Aminal Control Unit, and the Environmental Enforcement Unit. The CPD is a liaison between the residents of Brazos County and the Sheriffs Office, other departments within the county and other Law Enforcement agencies. Assist in managing media releases. Essential Duties: The Come Prevention Deputy (CPD) will: • Discuss current crime trends with Investigators, Patrol personnel, and other deputies', • Develop solutions that will address the prevention of crime and to promote homeowner, business, and community safety; • Reach out to citizens by various means in order to arrive at a true understanding of the issues that affect residents of the county; • Propose and assist with the establishment of neighborhood watch programs, including making presentations, setting up and attending follow-up meetings, analyzing and solving neighborhood problems, and conducting door-to-door surveys of residents; • Contact burglary victims, and neighborhood watch members; • Prepare and give presentations and seminars on crime prevention and personal safety to community organizations, county employees, and the general public; • Coordinates the Sheriffs Citizens Academy; • Attend local festivals, rallies, and other community activities, including monitoring interactive booths on crime prevention, conducting demonstrations, discussing safety with the general public, and distributing educational materials; • Organize and conduct activities aimed at reducing the amount of crime directed at senior citizens, including attending group meetings and giving presentations, distributing educational materials, and recommending various programs; • Types and prepares letters, memos, reports, and other documents; • Responds to emergency and nonemergency calls. • Assist the Sheriffs Office with various media releases for promotions, community awards and issues that affect the community, etc... Other Duties as assigned. 1 Supervision Received: From Training Coordinator Given: This is a non -supervisory position. Education Required! Five'years of Law Enforcement experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities Preferred: Experience Required: .To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The 'requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Inlennediate Peace O(fcer Cerfification and Crime Prevention Specialist certification from the Texas Commission on Law Enforcement (TCOLE); certification by the Texas Crime Prevention Association; and valid Texas motor vehicle operators license. Preferred: Advance Peace officer Certificate Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The employee may be occasionally called upon to perform acts of intense physical exertion during emergency situations. Able to pass the annual Physical Readiness Evaluation (PRE). While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: Public speaking; crime prevention techniques and technology; computers{ criminal law; juvenile law; Family Code; laws of arrest and search and seizure; special police procedures; and department policies and procedures, Operate computers; operate radio systems; read manuals, letters, and memos; write letters and memos; make group presentations; analyze and understand schematics; follow instructions; safely handle firearms; perform investigative work; maintain current knowledge of public safety rules, regulations, and technologies; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines and to work closely with others a part of a team. The noise level in the work environment is usually moderate. APPROVED Duane Peters Date County Judge E10 k e op T •oJN�n���'ryoy Y OF 0 Brazos County Job Description Last Updated: September 2016 Tempiale Revision 1.2 0811512012 Class Number: 1421 Title: Deputy Sheriff, Recruiting Pay Group: 22 Department: Sheriff's Office FLSA Status: Non Exempt Reports To: County Sheriff Approved Date: 1010172016 EEOC Category: Professionals General Summary: Investigates applicants for Sheriffs Department positions, including conducting criminal and professional background checks and arranging required examinations; investigates reports of alleged misconduct by Sheriffs Department employees, including interviewing witnesses, taking statements, and writing reports; participates in various committees; and assists other law enforcement agencies with investigations. Essential Duties: • Screens applicants for Sheriffs Department positions to determine eligibility tot hire, induding • Establishing a file for each applicant, maintaining a current list of eligible applicants, and attending Job Applicant Interview Board meetings; • Obtains complete criminal histories on each applicant, Prepares written inquiries to the personal references and prior employers of job applicants; • Coordinates pre-employment testing; Contacts applicants by telephone or in person as needed; • Arranges the required psychological, medical, and drug examinations for applicants; • Prepares TCOLE documents for applicants who are required to be licensed or reported; • Chairs or participates in committees assigned to design and review departmental policies and procedures, • Works with other agencies on background investigations. Other Duties as assigned, 1% Supervision Received: Given: This is a non -supervisory position. Education Required: Advanced peace officer certification; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred:' Experience - Required: At least 10 years of experience. Preferred: Certificates, Licenses, Registrations Required: Advanced certification from the Texas Commission on Law Enforcement Officer (TCOLE); and valid Texas motor vehicle operator's license. Preferred: ILL V,��n Pg._-'� I Ph sical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The employee may be occasionally called upon to perform acts of intense physical exertion during emergency situations. Able to pass the annual Physical Readiness Evaluation (PRE). While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: Texas Penal Code; Code of Criminal Procedures; investigation of criminal offenses; criminal justice system; computers; interview and interrogation techniques; and department and county policies and procedures. Operate computers, including word processing software; read reports, letters and memos; write reports, letters, and memos; perform investigative work; Interview and interrogate suspects, victims, and witnesses; analyze data; reason and draw conclusions; operate office equipment such as facsimile machine and copy machine; safely handle firearms; communicate effectively, both orally and in writing; and maintain effective working relationships with coworkers, attorneys, and personnel of other law enforcement agencies. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines, to perform multiple tasks simultaneously, to and to perform tedious and exacting tasks; the employee is frequently required to change tasks and to work closely with others a part of a team. The noise level In the work environment is usually moderate. .APPROVED Duane Peters Date County Judge VOL pg. 17 Brazos County Job Description Last Updated: September 2016 Template Revision 1.2 0811 512 01 2 Number: 1433 Title: Process Svr., Deputy Sheriff(special services) roup: I 22 Department: Sheriffs Office Status: Non Exempt Reports To: Chief Deputy Sheriff or Sergeant ved Date: 10/01/2016 EEOC Category: Protective Service General Summary: To protect County residents and property and to enforce laws. This is a responsible non -supervisory position. Duties include preparing and maintaining certain records; patrolling roads in the County, generally by vehicle, to prevent crime and enforce laws and regulations; and responding to emergency calls and routine complaints and taking appropriate action. Obtaining and serving arrest warrants, locating suspects and taking them into custody; investigating livestock complaints, including investigating crime scenes, interviewing and interrogating witnesses and suspects, preparing cases and writing reports. Essential Duties: • Serves warrants and makes arrests. • Keeps records of activities and makes reports concerning crimes, complaints, and investigations. • Serves court papers including, Writs, Summons, Subpoenas, Capias, etc. • May question witnesses and suspects and take statements and depositions. • May gather and label evidence, take photographs and fingerprints, guard and transport prisoners and testify in court. • Conducts follow-up investigations of reported criminal offenses, including preparing cases for presentation to the District Attorney's Office, County Attorney's Office and the Grand Jury, • May patrol an assigned area, generally by vehicle, to prevent crimes an enforce laws and regulations. • May respond to emergency calls and routine complaints and take actions as necessary. • May be responsible for animal control, especially relating to cattle on roadways. • Assist other divisions, sections, or personnel as needed or directed. • Draws up complaints for arrest warrant; Other Duties as assigned. 1 Supervision Received: Form Sheriff, Chief Deputy and Lieutenant Given;; This.is a non -supervisory position. Education Req lured: Intermediate peace officer certification or any equivalent combination of education and experience which - - - - provides -the required knowledge, skills and abilities. ' Preferred: Experience Required: At least five years of experience Preferred: -P -9- - E -Y j- Certificates, Licenses, Re istrations The physical demands described here are representative of those that must be met by an employee to Required: Intermediate certification from the Texas Commission on Law Enforcement (TCOLE); and a valid Texas motor vehicle operator's license. Preferred: Readiness Evaluation (PRE). While performing the duties of this job, the employee is regularly required to sit; Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The employee may be occasionally called upon to perform acts of intense physical exertion during emergency situations. Able to pass the annual Physical Readiness Evaluation (PRE). While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently IIR and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: Texas Penal Code; Code of Criminal Procedures; Investigation of Criminal Offenses; Criminal Justice System; computers; interview and interrogation techniques and departmental policies and procedures. Ability to understand and follow written and oral instructions, departmental policy, rules, regulations and laws; ability to establish and maintain effective working relationships with other law enforcement agencies and the general public; ability to analyze situations and adopt a quick, effective and reasonable course of action; ability to learn the use and care of vehicles, firearms, and specialized equipment; ability to communicate effectively orally and in writing; and good physical condition. May be required to have adequate skills with a computer to prepare records and reports. Work Environment Typical: The work environment characteristics described here are representative of those and employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is constantly required to work under time pressures to meet deadlines, to perform multiple tasks simultaneously, and to perform tedious and exacting tasks; the employee is frequently placed in emergency situations in which there is the possibility of danger or physical abuse; the employee is frequently required to work with others as a part of a team. The noise level in the work environment Is usually moderate, but may be noisy or distracting. APPROVED Duane Peters Date County Judge Vol. - Pa. --`5 �— L Brazos County Job Description Last Updated: September 2016 Template Revision 1.2 0&152012 Class Number: 2530 Title: Court Reporter, 361" DC Pay Group: 25 Department: District Court FLSA Status: Exempt Reports To: District Judge Approved Date: 10/01/2015 EEOC Category: Office and Clerical General Summag: Records and accurately transcribes all court proceedings. Essential Duties: Attends all sessions of the assigned district court and makes full record of evidence, objections, rulings, voir dire, and arguments; Takes full shorthand notes (by machine) of closing arguments, if requested to do so by the attorney of a party to the case, including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings; Takes full shorthand notes (by machine) of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; Preserves all shorthand or machine notes taken In court for three years from the date taken for future use, and prepares accurate transcripts of court proceedings for appeals or future court use as instructed; Marks and files with the court exhibits introduced into evidence during trials or hearings, and indexes and files notes taken in court; Locates and reads testimony adduced in court for court or jury assistance; Prepares appeals and transcripts requests; Prepares monthly reports to Appeals Courts; May conduct deposition of witnesses, receive, execute, and return commissions, and make a certificate of the proceedings in any county that is included in the judicial district of the court; May prepare jury charges in civil cases; May call court to order in absence of Bailiff; And may perform secretarial services which assist In the administrative functions of the court. Other Duties as assigned. 1 Supervision ReCeiVed: From District Judge GiVen: This is anon -supervisory position. Education .. Required: Graduation from a court reporting school and certification as a Certified Shorthand Reporter. Preferred: Experience Required: At least two years of experience Preferred: Vol. _ Pg._%_� - Certificates, Licenses, Registrations Required: Certification as a Certified Shorthand Reporter by the Supreme Court of Texas (V.T.C.A., Government Code, Sec. 52023). - Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and slacks of records. Specific vision abilities required by this job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Thorough knowledge of hand or machine shorthand theory and ability to meet standards established for certification as a Certified Shorthand Reporter through the Supreme Court of Texas; knowledge correct English and spelling, vocabulary, including legal and medical terminology, and general knowledge of Texas law, and Texas court policies and procedure. Meet standards established for certification as a Certified Shorthand Reporter through the Supreme Court of Texas It 80-225 words per minute depending upon nature of dictation, scoring at least 95 percent accuracy on this portion of the certification exam); perform real time transcription; type accurately at a minimum speed of 55 minutes per minute; understand and follow instructions; work under pressure to meet deadlines; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical; The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable 1, individuals with disabilities to perform the essential functions. The noise level In the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform tedious, exacting work, and required to work under time pressures to meet deadlines. The employee is frequently required to perform multiple tasks simultaneously. APPRO Duane Peters Date County Judge Vol. a� Pg, Brazos County Job Description Last Updated: 10/01/2016 Template Revision 12 M11512012 Class Number: 1519 Title: Detention Officer - Temporary Pay Group: 16 Department: Sheriff -Jail Admin. FLSA Status: Nan Exempt Reports To: Sergeant -Jail Division Approved Date: 10/01/2016 EEOC Category: Protective Service Workers Position End Date: 09/30/2017 Temporary Employee Signature: General Summary: Provides corrections services involving the health, safety, and security of inmates and the public in the Detention facility; monitors prisoners' activities; and maintains necessary records. Essential Duties: Other duties may be assigned. Adheres to the Culture, Mission and Values of the Brazos County Sheriffs Office; Follow the Inmate Behavior Management philosophy; Follow the Direct Supervision model of inmate supervision; Observes and supervises inmates; Performs searches of inmates and persons entering the secured area of the Brazos County Detention Center; Supervises, schedules and documents activity within the jail, including recreational activities, religious activities, educational activities, work activities, telephone activity, family visitations, unclothes searches, library and educational activities, mail activity, head counts of inmates, inmate transportation, riots and disturbances, feeding of inmates, and dispensing of medication; Conducts inspections, Shakedowns, and inmate searches, including searching inmates and cells for contraband items; Dresses out inmates and puts them in their cells; Pulls inmates for visitation, recreation, and other activities; May transport Inmates between various facilities; Completes necessary reports and documents; Enters inmate Information into the computer, and maintains and updates inmate records; Inspects and maintains safety equipment, detection and alarm systems; Assists with distributing medications to inmates; Intervenes and resolves crisis situations such as fights and medical emergencies, Including physical restraint of inmates; Conducts head counts of inmates; Serves meals to inmates; Supervises work performed by Inmates; and Operates Detention Center and master control panel. Employees in this job classification that are licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil process, and act as a peace officer of the State. Other Duties as assigned. 1 Supervision Received: From Sergeant, Jail Division Given: This is a non -supervisory position, Education Required: High school graduation or its equivalent. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Basic certification as a jailer from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); upon hiring or must be obtained within twelve (12) months of employment; and valid Texas motor vehicle operator's license. Preferred: Vol.3 pg. Physical Demands d Typical: The physical demands described here are representative of those that must be mot by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and anus; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Requirements of Texas Commission on Jail Standards; Texas penal code; Texas criminal and civil laws; first aid procedures; use of fire and safety equipment; department policies and procedures; self-defense tactics; and computers. Operate computers, fire and safety equipment, and firearms; read and write reports, letters, and memos; perform basic mathematical calculations; analyze data; follow instructions; communicate effectively, both orally and in writing; and maintain effective working relationships, with co-workers, prisoners, and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals. with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this fob, the employee is constantly required to work closely with others as part of a team. The employee is frequently required to perform multiple tasks simultaneously, and to respond to emergency situations in which there is the possibility of danger or physical abuse. APPROVED (� Duane Peters Date County Judge Vol. Pg. �� Brazos County Job Description Last Updated: September 2016 Template Revision 1.2 08/1512012 Class Number: 0423 Title: Office Manager/Bookkeeper Pay Group: 22 Department: District Attorney Ill Status: Exempt Reports To: District Attorney Approved Date: 1 010 1 /2 01 6 EEOC Category: Office and Clerical General Summary: Performs accounting and bookkeeping functions for the District Attorney's office; maintains departmental personnel records including leave time; handles personnel issues such as sick leave, vacation time for all DA personnel; performs secretarial duties for district attorney; drafts motions, orders, and other correspondence; handles travel, continuing education and conference arrangements for ADA's; handles travel arrangements for witness/victims; and maintains the law library ordering/returning books. Essential Duties: Performs various accounting and bookkeeping tasks for the District Attorney's office, including tracking expenses, initiating invoice payments, preparing purchase orders, assisting with the annual budget process and ordering any and all supplies for the office; Makes travel, continuing education, and conference arrangements for Assistant District Attorneys, including calculating and initiating travel advances; Assists District Attorney with high-profile and capital cases, including scheduling witnesses for testimony, making travel arrangements for witnesses, initiating reimbursement for such travel, and typing and filing motions; Prepares correspondence for District Attorney, including form letters, memoranda, speeches, manuscripts, and other correspondence; Maintains departmental personnel records, including leave time. Handles personnel issues such as sick leave and vacation times for all D.A. employees; Performs various administrative functions for the District Attorney, including general filing, opening and prioritizing mail, and receiving, prioritizing, and handling calls. Other Duties as assi ned:.i% Supervision Received: - Given: This a non -supervisory position. Education Required: High school graduation, plus at least three years of experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: EO � p9•�— Certificates, Licenses, Registrations Required: None. Preferred: Physical Demands Typical' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this jab include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Computer systems; standard office practices and procedures; legal procedures and legal drafting; legal terminology and practices; the criminal justice system and basic bookkeeping procedures. . Operate computers, Including some programming; read, analyze, and interpret data and office policy; prioritize tasks to be assigned and completed; read and understand basic legal procedures; draft legal correspondence; perform basic mathematical functions; operate office equipment, such as copy machine and facsimile machine; communicate effectively, both In person and over the phone; read interpret office policy; time management skills and maintain effective working relationships with co-workers and the general public. - Work Environment Typical: V0 l. --`'-P9.._/r� APPROVED Duane Peters Date County Judge Brazos County Job Description Last Updated: September 2012 pus = TO W1110 Rwivon 1.2 ne ISM12 Class Number: 819 Title: Building Event Worker Pay Group: 07 Department: Brazos Center FLSA Status: Non Exempt Reports To: Director and Event Coordinator Approved Date: 1 0101 /201 6 EEOC Category: Service/Maintenance Position End Date: Temporary 09/30/2017 Employee Signature. General Summary: This is a temporary pan time position that involves being responsible for the safety of the customers, setting up the roams as specified in the layout book, overseeing the cleanliness of the building and grounds, and must meet the customers expectations as far as courtesy and prompt response to their requests. Essential Duties: Cleaning the restroom floorswith wet mops and disinfectant and vacuuming mats at the beginning of each shift. Restock the paper towels, hand soap and toilet paper. Cleaning the floors with wet mops for spills and food. Dust mop the concourse, assembly rooms and hallways regularly to remove excess din. Autoscrub assembly room floors before setting up the tables and chairs. Empty all trash containers at the end of the event/evening. Before the event seek out the person in charge and introduce yourself and tell them where you can be found throughout the event. Make sure sound levels are appropriate for each group. During events you should be visible and available. Check restrooms every 30 minutes. Lock rooms that are not being used. Lock office when you are not in it and leave it locked at the end of the night. Check the areas the caterer or bartender use for cleanliness before they leave. When an event is coming to an end you are to bepresent in the room. Before leaving for the night, check all rest rooms, clean and restock as needed - Vacuum mats in front of doors and in restrooms. Tum off all interior fights in the building. Store equipment and supplies appropriately. Make sure all exterior doors are locked. Close overhead door completely. V acuum office every evening, priorities are, Safety. Customer Service. Rules enforcement and Cleanliness Other Duties as assigned. (1a/2) Vol. Supervision Received: I From Director and Event Coordinator Given: This is a non -supervisory position. Education Required: High School graduation or its equivalent. Preferred: Expedence Required: l I To perform this job succe Wuly. an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Preferred: Certificates, Licenses, Registrations Required: I None. Preferred: Physical Demands Typical: I The physical demands described here are representative of those that mus[ be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or feel; reach with hands and arms: bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as tables and table cams. Specific vision abilities required for this job include dose vision. distance vision, and the ability to adjust focus. Knowledge, Skills, & Abilities Typical: J Ability to follow oral and written instructions; ability to learn to use janitorial equipment and supplies; abgand be courteous to the public and coworkers. Must be in good physical condition to perform strenuous wo heavy lifting; must be reliable and able to make good decisions. The work environment characlenstics described here are representative of those an employee enceunlers while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work Josey with others as a pan of a team to perform multiple tasks simultaneously. and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. PR LOP -11b Duane Peters Date County Judge Vol. -`�—�— Pg.-71— A Brazos County 0:�4o Job Description "4T,• ar e�: Last Updated: September 2012 10 MI e pt6' 7e Tuffv We Ramim 1.20e115Q012 Class Number: 819 Title: Building Event Worker Pay Group: 07 Department: Brazos Center FLSA Status: Non Exempt Reports To: Director and Event Coordinator Approved Date: 10/01/2016 I EEOC Category: Service/Maintenance I Position End Date: i 09130/2017 Temporary Employeep Signature: (� V General Summary: This is a temporary part time position that involves being responsible for the safety of the customers, setting up the rooms as specified in the layout book, overseeing the cleanliness of the building and grounds, and must meet the customer's expectations as far as courtesy and prompt response to their requests. Essential Duties: Cleaning the restroom floors with wet mops and disinfectant and vacuuming mals at the beginning of each shift. Restock the paper towels, hand soap and toilet paper. Cleaning the Boors with wet mops for spills and food. I Dust mop the concourse, assembly rooms and hallways regularly to remove excess dirt. Autosarub assembly room Boors before setting up the tables and chairs - Em ply hairs.Empry all trash containers at the end of the eventlevening. Before the event seek out the person in charge and introduce yourself and tell them where you can be found throughout the event. I Make sure sound levels are appropriate for each group. During events you should be visible and available. i Check restrooms every 30 minutes. Lock rooms that are not being used. Lock once when you are not in it and leave it locked at the end of the night. Check the areas the caterer or bartender use for cleanliness before they leave. Wnen an even) is coming loan end you are to be present in the room. Before leaving for the night, check an rest rooms, clean and restock as needed. Vacuum mats in front of doors and in resbooms. Tum off all interior lights in the building. Store equipment and supplies appropriately. Make sure all exterior doors are locked. Close overhead door completely. V acupm office every evening. Priorities are, Safety. Customer Service, Rules enforcement and Cleanliness Other Duties as assigned. (1%) Vol. _ a �3 pg._/9 Supervision I(� I Received: From Director and Event Coordinator Registrations Given: I This is a non supervisory position. I i None. Education Required: High School graduation or Its equivalent. l Physical Demands Preferred: I I Required: I To perform this job successfully, an individual must be able to perform each essential duty satistactonty. The I requirements listed below are representative of the knowledge, skill and/or ability required. Ceitificates, Licenses, Registrations Required: None. Preferred: Physical Demands Typical: I The physical demands described here are representative of those that must be met by an employee to successfully perforin the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to sit; use hand to finger, handle, or feet; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee most frequently lift and/or move objects weighing up to 50 pounds, such as tables and fable carts. Specific vision abilities required for this job include dose vision, distance vision, and the abifdy to adjust focus. Knowledge, Skills, 8 I Abilities Typical: Ability to follow oral and written instructions; ability to learn to use janitorial equipment and supplies; ability to be courteous to the public and coworkers. Must be In good physical condition to perform strenuous work and heavy lifting; must be reliable and able to make good decisions. Environment -- Typical:IThe work environment characteristicsdescribed here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable I individuals with disabilities to perform the essential functions. The noise level in the work environment is usually I moderate. The employee is constantly required to work closety with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. 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UlZ Oy S : y m p im Fly FE tcnm2c aid u°_v ¢ THE STATE OF TEXAS § COUNTY OF BRAZOS § a� AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRYAN/COLLEGE STATION CONVENTION and VISITORS' BUREAU THIS AGREEMENT ("Agreement") Is made and entered into on this, day of sgw 2016, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRYAN/COLLEGE STATION CONVENTION and VISITORS' BUREAU, a Texas non-profit corporation (hereinafter referred to as "Bureau"). RECITALS WHEREAS, this Agreement is premised on the following: 1. The tourist trade Is a significant part of the economies of the respective municipalities of Bryan and College Station and the County of Brazos, Texas for which the continued growth of such trade Is necessary for the economic well-being of the entire community. a r -V li � aiA the puqpose of promoting tourism and has all necessary authority to enter Into this Agreement. 3. The Bureau is a qualified tourism entity, as defined in TEX. TAX CODE ANN. §351.101(c). 4. The Bureau is authorized under the authority of TEX. TAX CODE ANN. §352.1015 for the purpose authorized in of providing staff, visitor center facilities, support services and assistance In §352.1015, including day-to-day operations and the development and implementation of programs to promote and develop the tourism zone to visitors pursuant to Chapter 352 of the Texas Tax Code. THEREFORE, It Is agreed by the parties as follows: A. The Bureau Is appointed the agent of the County and the County's advisory committee to promote and develop tourism In Brazos County. B, Pursuant to TEX. TAX CODE ANN. §352.1015 (b) and (c), the Bureau shall maintain and complete and accurately provide a budget record of all programs and activities funded with hotel occupancy tax collected and funded to the Bureau by the County, Including, but not necessarily limited to; materials, and media reasonably necessary and proper to successfully promote, develop and attract the tourist trade to the locality, sales and marketing staff, promotional and advertising material, Internet and services, adequate accounting services, administrative services, facilities, supplies and equipment for the same. C. The Commission shalt provide funding to the Bureau on an annual basis, pursuant to TEX. TAX CODE ANN. §352.1015 (b) and the Bureau acknowledges that the functions delegated to the vol. _ 3 pg. Bureau creates a fiduciary duty In the Bureau with respect to the revenue funded by the County pursuant' to Chapter 352 of the Texas Tax Code and this Agreement. Funding for FY 2016-2017 is $25,000.00. This Agreement shall be funded quarterly by four (4) separate invoices divided Into equal payments provided by the Bureau. Invoices are due no later than December 31, 2016 March 31, 2017, June 30, 2017 and September 30, 2017, D. The Bureau shall maintain all revenues funded by the County in a separate account established pursuant to TEX. TAX CODE ANN. 4352.1015 (a) and shall not comingle such revenue with any other money. E. The Bureau shall submit reports to the Brazos County Commissioners Court quarterly, listing the expenditures made in furtherance of the Bureaus duty to promote tourism in Brazos County. The Bureau further agrees to actively support, publicize, promote and market the Brazos County Exposition Complex in all of Its appropriate collateral, activities, programs, committees, meetings, trade shows, videos and on its website. F. 1'01, purpose of evaluation, inspection, auditing or reproduction, the Bureau agrees to maintain and make available to authorized representatives of the Brazos County Auditor any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement and shall further keep a record of all services provided to the County under this Agreement, and upon reasonable notice will provide Information, records, papers, reports, and other documents regarding services furnished as may be requested by the County. The Bureau will maintain the G. The Bureau shall assist the County In preparing annual reports required by TEX. TAX CODE ANN. 4352.1034. This report by the Bureau should Include where the money received from the County was spent and indicate the tourism, hotel and convention activity attributable to events held at facilities that receive money from tine tax revenues provided pursuant to Chapter 352 of the Texas Tax Code. H. Except to the extent that a party to this Agreement seeks emergency judicial relief, and without waiving governmental or sovereign Immunity from suit, the parties agree to negotiate In good faith In an effort to resolve any disputes related to this contract that may arise, no matterwhen the dispute may arise. If a dispute cannot be resolved by negotlatlon, the dispute shalt be submitted to mediation before the partles resort to arbitration or litigatlon. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally, I. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered US mall, return receipt requested, to the party at the addresses listed below, A party most 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 received. !. 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. Vol, Pg A" +� K. No express or Implied walver 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. L. The term of this Agreement shall be for an initial twelve month period, effective October 1, 2016 through September 30, 2017. M. This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement Is in any way Intended to constitute a waiver or any Immunities from stilt or from liability that the Brazos County has by operation of law. Nothing In this Agreement Is Intended to benefit any third party beneficiary, N. This Agreement shalf be construed under and In accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable In Brazos County, Texas. 0. The Bureau may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Brazos County. P. In case any one or more of the provisions contained In thls 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 as Q. 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. R. This Agreement is effective for all purposes as of October 1, 2016. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, 44 IN WITNESS, We hereunto affix our signature this day of &,�Owr' 2016. Z COU TY Duane Peters, County Judge BRYAN/COLLEGE STATION CONY TIO a VISITORS' BUREAU Name; Title: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement for Funding ("Agreement") by and between Brazos County hereinafter referred to as ("County") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ("BCHC") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other .states have a built-in mechanism that makes possible a preservation organization in every county; WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ("THC"). WHEREAS, BCHC has worked cc -operatively with the Brazos County Commissioners' Court, THC, local governments, local non-profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. County Responsibilities A. BCHC shall be funded by the County in the amount of $5,000.00 for the term of this Agreement. This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2016, and terminating on the 30th day of September, 2017. Brazos County Historical Commission Agreement V F_01__9 P:9 Page I of 3 B. BCHC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. C. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BCHC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BCHC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. D. Annual financial statements (audited if available) are due to County within six (6) months of completion. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY Brazos County c/o Commissioners Court 200 South Texas Avenue, Ste., 310 Bryan, Texas 77803 BCHC Henry Mayo Chairman P.O. Box 9169 College Station, Texas 77842-9169 Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated.. Brazos County Historical Commission Agreement vol. _ � `� 3 P, Page 2 of 3 SIGNED this _.� day of 2016. BRAZOS COUNTY HISTORICAL COMMISSION By: Hen hairman BRAZOS COUNTY ATTEST: By: Duane Peters, County Judge Daren McQueen, County Clerk Brazos County Historical Commission Agreement Vol. `� Page 3 of Z6 FUNDING AGREEMENT BETWEEN BRAZOS COUNTYAND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District"), located in Bryan, Texas, and is effective October 1, 2016. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ("Services"). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is Brazos County Soil & Water Conservation District Agreement Page 1 of 4 VOL _ Pg. ��� _ evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. WHEREAS, the District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. NOW THEREFORE, the parties agree to the following terms and conditions. AGREEMENT PAYMENT AMOUNT FOR FY 2013 County hereby agrees to pay the District a total payment of $5,000.00 ("Funds") for the year beginning October 1, 2016 and ending September 30, 2017 for services provided to the County. Payment of such sum will be paid upon receipt of invoice. ACCOUNTING AND AUDIT The District agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The District agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The District agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The District agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the District under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the District. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the District annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the District. Brazos County Soil & Nater Cons walion District Agreement Page 2 of Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. COUNTY INVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County Commissioners Court Brazos County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Brazos County Soil & {Vater Conservation District Agreement Page 3 of 4 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the District without the prior written consent of the County. l o 14J I e ( ATE) Duane Peters, County Judge Brazos County, Texas ATTEST: o���(ke g Karen McQueen, Brazos County Clerk (DATE) «i Preston J. RuWo III, firman Brazos County SWCD #450 Brazos County Soil & Water Conservation District Apwetnent Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ("Agreement"), effective October 1, 2016, by and between Brazos County, hereinafter called the "County", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to low-income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained, the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2016 and terminating on September 30, 2017. FUNDING: The County will provide funding of $7,700.00 to the Food Bank to the benefit of the moderate and low income citizens of the community. INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County, or. its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Food Bank agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Food Bank agrees that County, or its designated representative, shall further have the right to review and to copy any Brazos Valley Food Bank, Inc. Agreement Page I of 3 records and supporting documentation for prior years in which County provided funds to the Food Bank under prior Agreements. Brazos County Commissioners - Court may, in its sole discretion, require that an Independent financial audit be performed on the records of the Food Bank. If an Independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court, The management letter shall Identify issues that might not otherwise require disclosure in the Food Bank annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Food Bank. Annual financial statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies, Food Bank will verify recipient income eligibility by either requiring proof of income or by self -certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, Brazos Valley Food Bank, Inc. Agreement Page 2 of 3 terminate this Agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in termination of this Agreement. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County, Texas. SEVERABLITIY: In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. SIGNED this day of .2016. BRAZOS COUNTY BRAZOS VALLEY FOOD BANK, INC. w Duane Peters, County Judge There a Mangapora, cutive Director I� + 0 0/2 `1 / 1 b Date Date ATTEST: kt� 166 Karen McQueen, County Clerk Brazos valley Food Bank Inc. Agreement Page 3 of 3 V �.�J Oba THE STATE OF TEXAS § COUNTY OF BRAZOS § AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRYANICOLLEGE STATION CHAMBER OF COMMERCE, INC. THIS AGREEMENT ("Agreement') is made and entered into the day of 2016, by and between BRAZOS COUNTY, TEXAS,_a body corltorate and politic under the laws of the State of Texas, (hereinafter referred to as "County'), and the BRYANICOLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non-profit corporation (hereinafter referred to as "Chamber"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate, encourage, and develop business location and commercial activity within the County; and, WHEREAS the County wishes to contract with Chamber as its agent pursuant to TEx. Loc. GOVT CODE ANN. §381.004 to stimulate, encourage, and develop business location and commercial activity in Brazos County; and, WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and, WHEREAS, it is important to the County to attract and expand retail business, in order to accomplish this purpose; and, WHEREAS, Chamber is an agency with specific expertise in the field of economic development and the attraction and expansion of retail business; and, WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Chamber agree as follows: B/CS Chamber Agreement Page 1 ARTICLE I Qualifications of the Chamber 1.1 The Chamber represents that it is a non-profit entity that is authorized and experienced in the administration and furtherance of programs that stimulate, encourage, and develop business location and commercial activity in Brazos County. ARTICLE II Term 2.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2016, and ending on September 30, 2017, (the 'Present Term"), unless earlier terminated as provided herein. 2.2 Either party may terminate this Agreement on thirty (30) days prior written notice to the others. 2.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County, ARTICLE III Administration Services 3.1 Chamber agrees to provide all administrative services necessary to administer the program standards set forth herein. 3.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, administrative services are to be provided by Chamber and include but are not limited to: a. Developing program projects by corresponding with and negotiating with existing Business/Employers that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. One specific project shall include the design and performance of a Brazos County specific survey using criteria submitted by County; b. Establishing project performance standards for each program project that are consistent with the County's goals for economic development; C. Creating an exclusive title sponsorship of the annual Chamber Day event normally held in the Spring each year. The event would be promoted as Bryan/College Station Chamber Day, sponsored by Brazos County. Brazos County will provide an unlimited number of participants on the day of the event. Pre -publicity of the event in the media shall recognize Brazos County as the B/CSChamber Agreement r, / `� �! Page 2 Vol. - g'_......_ I sponsor of the event. A representative of Brazos County shall be provided an opportunity to make remarks at the event kick-off in the morning and at noon. If desired, Brazos County shall provide members on the event committee. d. Perform a survey of business owners and managers to determine the state of the Brazos County economy. Survey results shall be presented to Brazos County during a scheduled Commissioners Court meeting. e. Brazos County shall appoint a member of the Commissioners Court to attend and participate in briefings and presentations of various topics effecting the state of the Brazos County economy. f. Brazos County shall be invited to send one representative, at no charge, on the Chamber's annual legislative trip to Washington, D.C. to promote the issues impacting our community including economic development issues. g. Brazos County shall be invited to send one representative, at no charge, to the Chamber's bi-annual legislative trip to Austin, Texas to promote the issues impacting our community including economic development issues. Provide the County a booth, at a FY 2017 Job Fair. 3.3 The Chamber shall receive the sum of Ten Thousand and No/100 Dollars ($10,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). Five Thousand Dollars ($5,000.00) shall be payable to Chamber upon the execution of this Agreement and the remaining Five Thousand Dollars ($5,000.00) shall be payable on or before September 30, 2017. 3.4 The County shall make Brazos County facilities available to the Chamber, at published price, for Chamber sponsored events. ARTICLE IV Accounting 4.1 The Chamber shall provide, no later than February 1, 2017, an audited financial accounting or an internal audit financial report of the Chamber. ARTICLE V Miscellaneous Terms 5.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. B/CS Chamber AgreementPage3 Vol. ��� _ pg /ZLJ Notice to the County shall be sent to Duane Peters, County Judge Brazos County Courthouse 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the Chamber shall be sent to: Royce H. Hickman, President and CEO Bryan/College Station Chamber of Commerce 4001 East 291h. Street, Suite 175 P.O. Box 3579 Bryan, Texas 77805 5.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 5.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 5.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 5.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee -employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the Chamber shall be considered an independent contractor agent for the sole and limited purpose only of administering this agreement. 5.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. 5.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 5.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of B/CSChamber Agreement I `r " ./ -Z Nr /�/ I Page4 the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 5.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS By: , LL: L uane Peters, County Judge Attest: By; L;!_!(,(CJ�CC.e�`_ J Karen McQueen, County Clerk BRYANICOLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non- profit corporation 0 Royce President & CEO 8/CS Chamber Agreement Vol. P^ � Pages FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND NATIONAL ALLIANCE ON MENTAL ILLNESS - BRAZOS VALLEY, INC. This Funding Agreement ("Agreement') is by and between Brazos County, Texas (hereinafter "County") and the National Alliance on Mental Illness - Brazos Valley, Inc. (hereinafter "NAMI"), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2016 and ending September 30, 2017. RECITALS WHEREAS, NAMI serves all seven (7) counties of the Brazos Valley region,- WHEREAS, egion; WHEREAS, it is the mission of NAMI to promote mental health and wellness for families and those individuals affected by mental health disorders, combat the stigma of mental illness and advocate for improved social, vocational and treatment alternatives to support individual resilience, independence and well-being of those living in Brazos County; and WHEREAS, NAMI provides peer lead educational programs, classes and support services, public policy advocacy and educational classes, and support services for families, friends and caregivers of persons living with mental health disorders ("Services"); and WHEREAS, the County desires to assist NAMI in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental health disorders residing in Brazos County by contracting with NAMI for the period beginning October 1, 2016 and ending September 30, 2017, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by NAMI, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA This Agreement contemplates Services provided to: 1) Individuals who permanently reside within Brazos County; and 2) Who have been determined through the NAMI screening process to be in need of mental health services. X4M Agreement Page 1 of 5 ase RESPONSIBILITIES OF BRAZOS COUNTY 1) Pay to NAMI an (not to exceed) annual total reimbursement of $15,000 ("Funds"). 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2016 through September 30, 2017 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement. 3) Conduct a review of the NAMI's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the NAMI. USE OF COUNTY FUNDS Funds to be furnished to NAMI as stated herein be used to offset operational expenses of NAMI, including rent, telephone expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. RESPONSIBILITIES OF NAMI NAMI will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. NAMI agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. NAMI agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. NAMI agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. NAMI agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the NAMI NAM Agreement Page 2 of 5 Pg. Zj under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the NAMI. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the NAMI's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. 7. NAMI will provide the County with any and all certified audits conducted by NAMI and the management letter prepared in connection therewith; S. NAMI will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the NAMI's Services. RECORD RETENTION The NAMI shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The NAMI agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the NAMI with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The NAMI shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The NAMI shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The NAMI Agreement Page 3 of 5 NAMI agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the NAMI shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and NAM[ state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: National Alliance on Mental Illness — Brazos Valley, Inc. 1713 E. Broadmoor, Suite 101 Bryan, Texas 7782 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 NAMI Agreemen! r _ Page 4 of 5 Vol. __o K __ P :. ��� FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the NAMI without the prior written consent of the County. DATED this day of : 2016. Brazos County National Alliance on Mental Illness — Brazos Valley, Inc. �b DUANE PETERS, Judge ody hulz, cecutive Direct ATTEST: KAREN McQUEEN, County Clerk NAWAgreement Page S of 5 j] Fvo l. _ Pg• Zn STATE OF TEXAS COUNTY OF TRAVIS Re, CONTRACT FOR PAROLE SUPERVISION AND SERVICES CONTRACT # CON0000633 This contract effective September 1, 2016, by and between the Texas Juvenile Justice Department, hereinafter TJJD, and the Brazos County, 1904 West Highway 21, Bryan, Texas 77803, hereinafter Service Provider, is for the provision of parole supervision and services to TJJD youth in the following counties: Brazos. This contract, Number CON0000633, will expire on August 31, 2016. This contract is entered into pursuant to the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code, and specifically under Texas Human Resources Code Section 245.002, for the mutual considerations described in this contract. I. SERVICE PROVIDER For and in consideration of the payment of fees for parole supervision and services, the Service Provider will: A. Comply with applicable TJJD General Administrative Policies (GAP) and any amendments made to those policies during the term of this contract. A list of applicable GAP policies is attached as Exhibit A. This list is not all inclusive and may be subject to revision at the discretion of the TJJD. B. Provide the following parole supervision and services: 1. Ensure compulsory school age youth comply with state compulsory school attendance laws. 2. Ensure non -compulsory school age youth are constructively engaged in employment, community service, training, educational activity, treatment, and/or home detention for a minimum of 40 hours per week. 3. Assess the youth's behavior and develop the Community Re-entry Plan (CRP) and objectives based on the Positive Achievement Change Tool (PACT) assessment within 30 days after the initial parole date (or the date assigned to the conditional placement); at least once every 30 days thereafter for youth on intensive supervision; or 90 days thereafter (or sooner if deemed appropriate) for youth on moderate or minimum supervision. 4. Ensure the youth complies with all required or special conditions outlined in their Community Re-entry Plan (CRP) and Conditions of Parole. 5. Based on surveillance levels, meet with the youth and collateral persons (family, employers, educators, treatment providers, etc.) to assess the youth's constructive activity involvement and progress toward CRP Objectives and compliance with Conditions of Parole. The following contact requirements apply: a. Intensive: Four (4) primary contacts and four (4) collateral contacts within the initial 30 days. At that point the youth will be reassessed to determine if he/she remains on intensive or is moved to moderate. If the youth remains on intensive, there will be at least one face-to-face and one collateral contact weekly. b. Moderate: At least two (2) primary contacts and two (2) collateral contacts monthly. c. Minimum: At least one (1) primary contact and two (2) collateral contacts monthly. Page 1 of 19 Contract for Parole supervision (8116) Vol. 6. Require the youth to provide documentation in support of his/her "Constructive Activity" requirements, e.g., school attendance reports and/or employment verification documents (pay stubs, etc.). The youth must be engaged or participating in Constructive Activity such as educational, employment, treatment, training, home detention, and/or a community service program for a minimum of 40 hours per week. 7. Discharge youth in compliance with TJJD GAP.380.8595 and TJJD procedures for contract parole. 8. Ensure complaints are reported and resolved in compliance with TJJD GAP.380.9331 Youth Grievance System. 9. Ensure youth accountability for appropriate rules of conduct on parole TJJD GAP.380.9504 Rules and Consequences for Youth on Parole. 10. Ensure all allegations of mistreatment are reported in compliance with GAP.380.9333 Investigation of Alleged Abuse, Neglect and Exploitation. 11. Conduct appropriate administrative due process hearings in compliance with TJJD GAP.380.9551, 380.9553, 380.9555, 380.9557, 380.9559, 380.9561, and 380.9571. 12. Report all incidents for which youth may be disciplined and all serious incidents according to TJJD GAP.07.03 Incident Reporting and TJJD procedures for contract parole. 13. Conduct home assessment and updates, GAP.380.8539 Home Placement. 14. Comply with GAP.380.8791 for the family reintegration of youth with sexual behavior treatment needs and include at least one contact per month in the home while the youth is on double intensive, intensive, or moderate surveillance and at least one in home contact per quarter while the youth is on minimum surveillance. 15. Once trained in data entry, enter all data into TJJD—Correctional Care System (CCS) including Community -Positive Achievement Change Tool (C -PACT) and CRP within 72 hours of incident or activity. C. Attend 18 hours of required TJJD sponsored training per year. D. Submit quarterly claims to the TJJD District Office on a standardized invoice attached as Exhibit B. Use a separate invoice for each month and include on the invoice: the name of each youth for whom payment is being requested; their TJJD number; the start and end date; the total number of days for which payment is being requested; the rate of pay; and the total amount for each youth. Submit the invoice no later than ten (10) work days from the last day of the quarter for which payment is being requested. E. Afford the TJJD access to TJJD youth and all records and/or information on TJJD youth at all times. F. Forward copies of all audits, monitoring, and investigative reports completed by the program's certifications authority or any other funding entity to the Senior Director of Youth Placement, Re - Entry and Program Development within five (5) work days of receipt. G. Allow TJJD/designee to perform monitoring, performance evaluations, investigations, or audit. In doing so: 1. Provide access, inspection, and reproduction to all records related to services rendered under this contract that are necessary to facilitate monitoring, performance evaluations, investigations, or audits. 2. Records include but are not limited to contracts, notes, real property documents, accounting/financial records, written policies and procedures, correspondence, Page 2 of 19 Contract for Parole supervision (6/16) 1110 ff. _ _7!./ Pj. _z? j performance evaluation data, and reports, and any other information pertinent to revenues, costs, expenses, and performance of services provided under contract belonging to the Service Provider. Evaluation of services may include, but is not limited to, office visits, interviews with youth, and the administration of questionnaires to the staff of the Service Provider and TJJD youth. 3. Upon request by the TJJD and during reasonable business hours, provide facilities to TJJD/designee to perform any of the functions listed in this subsection, as well as adequate and appropriate workspace and copier. H. Maintain all financial records in accordance with generally accepted accounting principles. Maintain and retain records for a minimum of seven (7) years after the termination of the contract period, or for seven (7) years after the end of the federal fiscal year in which services were provided, whichever is longer. If any litigation, claims, disputes, or audit involving these records begins before the seven (7) years after the period expires, the Service Provider will keep the records and documents until all litigation, claims, disputes, or audit findings are resolved. Resolution is when a final order is issued in litigation or a written agreement is entered into between the TJJD and the Service Provider. Contract period means the beginning date through the ending date specified in the original contract or any amendments. J. Notify the Parole Supervisor immediately if a TJJD youth's whereabouts are unknown or is arrested. K. Require any of the Service Provider's employees to cooperate with and testify in judicial proceedings, legislative and administrative hearings, or investigations, at the request of the TJJD. L. Notify the Senior Director of Youth Placement, Re -Entry and Program Development in writing of all revenue sources and reimbursements from third parties for any and all costs or services associated exclusively with a youth served under this contract. Billing more than one revenue source for the same costs or services provided to a single youth is prohibited and shall be recouped or administrative error sanctions shall be imposed as set forth herein. Neither a youth nor his/her parents or guardians will be required to pay for the support of the youth in the program, unless otherwise ordered. M. Ensure a computer setup with the following: Microsoft Office for Microsoft Word documents and Microsoft Excel spreadsheets; local internet service provider (ISP); and an e-mail address. N. Notify the TJJD if the Service Provider is or becomes a covered entity under the Health Insurance Portability and Accountability Act (HIPAA). The Service Provider is to secure any HIPAA consent or authorization necessary to provide or obtain TJJD protected health information. Page 3 of 19 Contract for Parole Supervislon (6/16) fvol. 3_-- pg. /3� 1 II. TJJD For an in consideration of the parole supervision and services provided to TJJD youth by the Service Provider, the TJJD will: A. Provide the Service Provider with policies and amendments from relevant TJJD manuals used in the provision of parole supervision and services to TJJD youth. B. Fairly compensate the Service Provider from current revenues available to the TJJD at the reasonable rate of Twelve and 501100 ($12.50) Dollars per youth per day. The TJJD will reimburse the Service Provider for the cost of DNA testing required by HB 1068, 79" Legislature, performed at the request of the TJJD, provided that prior approval is obtained from the TJJD Parole Supervisor. The TJJD shall not pay for parole supervision or services for youth who are no longer under the jurisdiction of the TJJD or no longer residing in the Service Provider's service area. Billing for costs or services not provided to a youth is prohibited and any costs paid shall be recouped or administrative error sanctions shall be imposed. The Not to Exceed (NTE) amount of this contract for all expenses and costs detailed in herein is $74,750.00. If additional funding is needed an amendment will be required. C. Pay for ongoing services provided for a period not to exceed ten (10) calendar days following a youth's absence from the home/home substitute and who are in legal custody other than the TJJD's. The TJJD will pay for ongoing services provided for a period not to exceed ten (10) calendar days for a youth that has absconded. D. Terms of payment shall be in accordance with Chapter 2251 of the Texas Government Code and Texas Government Code Section 403.0551 that payment owing to the Service Provider under this contract will be applied toward elimination of the Service Provider's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the Texas Comptroller administers or collects until the indebtedness or delinquency is paid in full. E. Reimburse the Service Provider for mileage at a rate not to exceed the state reimbursement rate, for mileage incurred in attending meetings and training sessions presented by the TJJD staff and for mileage incurred in visiting or transporting TJJD youth detained in facilities outside of their judicial district, provided prior approval is obtained from the TJJD Parole Supervisor. F. Transport or arrange transportation for youth to the contracted parole officer for admission and transport or arrange transportation for the youth if another placement is determined to be in the best interest of the youth. G. Complete monitoring of the Service Provider's program according to the schedule developed by Director of Youth Services. H. Pay for supplemental services necessary for CRP in accordance with TJJD protocol for treatment. I. Issue a directive to apprehend an escapee once notified by the Service Provider. J. Promptly notify the Service Provider of any changes in a youth's parole status that would affect the payment of fees for parole services. Page 4 of 19 Contraacct for Parole Supervision (8116) J`..111.__ .. P9- _./✓__./_ K. Provide quarterly training of required training components. L. Provide access to TJJD applications and information resources via the web as needed. III. CERTIFICATIONS Article 1: Equal Opportunity The Service Provider certifies compliance with all terms, provisions, and requirements of Titles VI and VII, Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and any other federal, state, local or other anti -discriminatory act, law, statute or regulation, along with all amendments and revisions of the acts, laws, statutes or regulations, in the performance of this contract, and will not discriminate against any child or youth, client, employee, or applicant for employment because of race, creed, or religion, age, sex, color, national or ethnic origin, handicap, or any other illegal discriminatory basis or criteria. Article 2: Unfair Business Practices The Service Provider certifies that neither he/she/it nor its officers have been found guilty in a judicial or state administrative agency proceeding of unfair business practices as set out in the Texas Business and Commerce Code and that no officer of the Service Provider has served as an officer of another company which has been found guilty in a judicial or state administrative agency proceeding of unfair business practices. If the above certifications are false, this contract is void. Article 3: Franchise Taxes Section 1: The Service Provider certifies that should he/she/it be subject to payment of Texas franchise taxes, all franchise taxes are current. If such certification is false this contract may be terminated at the option of the TJJD or other administrative error sanctions may betaken. Section 2: If the Service Provider is exempt from payment of Texas franchise taxes, the Service Provider shall so indicate by attachment to this contract. Section 3: If the Service Provider's payment of Texas franchise taxes becomes delinquent during the term of this contract, the Service Provider will notify the TJJD within 24 hours. If such delinquency cannot be cured within 24 hours and a copy of the Certification of Account Status proving payment of delinquent taxes cannot be provided to the TJJD, this contract may be terminated at the option of the TJJD or other administrative error sanctions may be taken under the provisions of this contract. Article 4: Asbestos Regulation Compliance If applicable, the Service Provider certifies compliance with the Asbestos Hazard Emergency Response Act of 1986 (AHERA) by having on file with the Texas Department of State Health Services (DSHS) a copy of the Service Provider's AHERA Management Plan for each facility the Service Provider owns, leases, or otherwise uses as a school or is part of a school, grades kindergarten through 12. Prior to the initiation of services under this contract, the Service Provider shall provide the TJJD a certification of an asbestos -free environment or a copy of the DSHS acceptance and approval for the Service Provider's AHERA Asbestos Management Plan(s) (Management Plan(s)). The Service Provider shall comply with the approved Management Plan during the term of this contract and any Page 5 of 19 Contract for Parole Supervision (8115) Pg.__ / ]--Z renewals; failure to do so shall be grounds for termination of this contract. Should DSHS approve a revised or modified Management Plan, a copy of the DSHS acceptance and approval of the revised or modified Management Plan shall be furnished to the TJJD. Article 5: Human Immunodeficiency Virus Services Act Compliance Section 1:The Service Provider certifies compliance with the Human Immunodeficiency Virus Services Act (Texas Health and Safety Code Chapter 85) requirements for maintenance of confidentiality regarding the human immunodeficiency virus (HIV) and its related conditions, including acquired immune deficiency syndrome (AIDS). Section 2: The Service Provider further certifies that workplace guidelines have been developed and implemented in accordance with the Human Immunodeficiency Virus Services Act. The Service Provider may elect to use workplace guidelines developed and implemented by the TJJD. Should the Service Provider not elect to use workplace guidelines developed and implemented by the TJJD, the Service Provider agrees its workplace guidelines shall be similar to the TJJD's as required by Section 85.113 of the Texas Health & Safety Code. Section 3: In the absence of confidentiality guidelines, the Service Provider is not eligible to receive state funds, and the Service Provider agrees to refund to the state any state funds the Service Provider receives while ineligible. Article 6: Communicable Disease Prevention & Control Act Compliance The Service Provider certifies compliance with the applicable provisions of the Communicable Disease Prevention and Control Act (Texas Health and Safety Code Chapter 81). Article 7: Federal Confidentiality Compliance Any program that specializes, in whole or in part, in providing treatment, counseling, and/or assessment and referral services for youth with alcohol or other drug problems must comply with federal confidentiality regulations. Said regulations apply only to programs that are federally assisted either directly or indirectly. The Service Provider certifies compliance with these federal requirements for confidentiality (42 USC 290dd-2; 42 CFR Part 2) and agrees to comply with said requirements for so long as this contract is in force. Article 8: Restriction on Possession of Weapons The Service Provider agrees that the Service Provider or any associates providing services on behalf of the Service Provider shall not carry or possess any type of firearm or other weapon listed in Texas Penal Code Section 46.01 while rendering services to TJJD youth under this contract, This prohibition includes the carrying of a handgun licensed under the authority of Chapter 411, Subchapter H, Texas Government Code. The Service Provider shall be under an affirmative duty to keep weapons out of the possession of TJJD youth in the Service Provider's care. Article 9: Required Disclosure of Lobbyist Activity The Service Provider agrees that if, at any time during the term of this contract, an employee, director, subconsultant, or subcontractor of the Service Provider is required to register as a lobbyist under Texas Government Code Chapter 305, the Service Provider shall notify the TJJD Director of Contracts, Procurement and Support Services and provide timely copies of all reports filed with the Texas Ethics Commission, as required by Texas Government Code Chapter 305. Page 6 of 19 Contract for Parole Supervision (8116) Article 10: Notification to TJJD of Subconsultants & Subcontractors Section 1: The Service Provider shall notify the TJJD of the selection and/or use of all subcontractors or subconsultants regularly used by the Service Provider in performing or assessing the performance of the Service Provider's duties under this contract if paid or anticipated to be paid an amount exceeding $5,000.00 during the term of this contract. The Service Provider may not use subcontractors and subconsultants to perform the Service Provider's duties under this contract without prior written approval of the TJJD. Approval will not be unreasonably withheld. Section 2: No contractual relationship will exist between the Service Provider's subconsultants or subcontractors and the TJJD. The TJJD shall have no responsibility whatsoever for the conduct, actions, or commissions (active or passive) of any subconsultants or subcontractors in the performance of their duties under this contract. Section 3:The Service Provider shall be solely responsible for the management of any subconsultants or subcontractors in the performance of their duties under this contract. Article 11: Compliance with Child Support, Section 231.006, Texas Family Code Texas Family Code Section 231.006 provides that neither a child support obligor who is more than 30 days delinquent in paying child support nor a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is eligible to receive payments from state funds under a contract to provide property, materials, or services. Under Section 231.006, Family Code, the vendor or applicant (Service Provider) certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification Is inaccurate. THE SERVICE PROVIDER MUST PROVIDE, IN THE SPACE BELOW, THE NAME AND SOCIAL SECURITY NUMBER OF AN INDIVIDUAL OWNER, A SOLE PROPRIETOR AND ALL PARTNERS, SHAREHOLDERS, OR OWNERS WITH AN OWNERSHIP INTEREST OF AT LEAST TWENTY- FIVE (25) PERCENT OF THE BUSINESS ENTITY ENTERING INTO THIS CONTRACT. For business entities with no identifiable owner of twenty-five percent (25%) or more of the entity, indicate with "none" on the first line below. Namer����^�� _ '_�?�-� _`4,_' a•�'.'��Soafal?SecuL Ntimbei_,� _,a fe�cent % �� R,>'?;. i,,::-1 NONE Article 12: Compliance with Section 572.054, Texas Government Code, Former Officer or Employee of the TJJD The Service Provider certifies compliance with Texas Government Code Section 572.054. The Service Provider has not employed a former officer or employee of the TJJD to perform services on the Service Provider's behalf, to secure this contract or to represent the Service Provider in any manner prohibited by the referenced statute. A false certification could result in termination of this contract, withholding of payments, or other administrative error sanctions. Page 7 of 19 Contract for Parole Supervision (6116) Article 13: Compliance with Section 2262.901, Texas Government Code, Former or Retired Employee of the Agency The Service Provider certifies compliance with Texas Government Code Section 2252.901, which provides "A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under this contract. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm or other business entity that the employee worked on while employed by the agency." Service Provider certifies that he/she/it is not prohibited from entering into this contract because of any prior employment with the TJJD. Article 14: Specially Designated Nationals and Blocked Person List; Debarment The Service Provider certifies that it is not on the Specially Designated Nationals List and Blocked Person List maintained by the United States Treasury's Office of Foreign Assets Control (OFAC), https: //www. t re a s u ry. g o v/resource-center/sanctions/SDN- L i st/ P a g e s/d of a u It. a s px. The Service Provider certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and that the Service Provider is in compliance with the State of Texas statutes and rules relating to procurement and that the Service Provider is not listed on the federal government's terrorism watch list as described in Executive Order 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001. Entities ineligible for federal procurement are listed at https://www.sam.gov. Article 16 Terrorism The TJJD is federally mandated to adhere to the directions provided in the President's Executive Order 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it by cross-referencing service providers/vendors with the System for Award Management (SAM), https://www.sam.gov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list, also available at https://www.treasury.gov/resource- center/sanctions/SDN-List/Pages/default. aspx. Article 16: Fingerprint and Background Check: The Service Provider will: 1. As directed, provide information regarding persons providing services under this contract and personnel access for a criminal background checks, including, but not limited to, fingerprinting check, criminal records check, sex offender registration records check, PREA employment standards check, child abuse registry check, and drug test. Criminal background checks shall be conducted at the TJJD's expense and through the TJJD or the TJJD's contracted service Page 8 of 19 Contract for Parole supervision (8116) Vol. _ o_ Pg, ��J' provider for each Service Provider employee, agent, consultant, subcontractor, subcontractor's employee, and volunteer worker. Any Service Provider employee, agent, consultant, subcontractor, subcontractor's employee, or volunteer worker who is unwilling to provide or who does not provide the required information will not be allowed to work under this contract. Any Service Provider employee, agent, consultant, subcontractor, subcontractor's employee, or volunteer worker shall not work under this contract until the criminal background check is completed and approval is obtained from the TJJD's Director of Human Resources. 2. Notify the TJJD's Director of Human Resources of any employee, agent, consultant, subcontractor, subcontractor's employee, or volunteer worker who works with TJJD youth and who is arrested, indicted, or charged with a criminal offense or who resigns while under investigation for inappropriate conduct or policy violations. Such employee, agent, consultant, subcontractor, subcontractor's employee, or volunteer worker shall be immediately suspended from working under this contract unless authorized by the TJJD's Director of Human Resources. The TJJD will approve or deny any Service Provider employee, agent, consultant, subcontractor, subcontractor's employee, or volunteer worker in accordance with TJJD policies and procedures. The TJJD's designated contact for criminal background checks is the Director of Human Resources, (512) 490-7674. Article 17: Convictions for Hurricane Katrina or Rita Under Section 2155.006, Government Code, the vendor (Service Provider) certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. Under Section 2155.006(b) of the Texas Government Code, "[a] state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.". Article 18: Antitrust The Service Provider represents and warrants that neither the Service Provider nor any firm, corporation, partnership, or institution represented by the Service Provider, or anyone acting for such firm, corporation, partnership, or institution has: (1) violated the antitrust laws of the State of Texas under Chapter 15 of the Texas Business & Commerce Code or federal antitrust laws; or (2) communicated directly or indirectly the contents of your submitted proposal to any competitor or any other person engaged in such line of business during the procurement process for this contract. Article 19: Intellectual Property Indemnification Page 9 of 19 Contract for Parole supervision (0116) To the extent required by the Texas Constitution, the Service Provider will indemnify, defend, and hold harmless the State of Texas and the TJJD against any action or claim brought against the State of Texas and/or the TJJD that is based on a claim that software infringes any patent rights, copyright rights, or incorporated misappropriated trade secrets. The Service Provider will pay any damages attributable to such claim that are awarded against the State of Texas and/or the TJJD in a judgment or settlement. If the TJJD's use of the software becomes subject to a claim, or is likely to become subject to a claim, as determined through the sole opinion of the TJJD, the Service Provider shall, at its own expense: (1) procure for the TJJD the right to continue using such software under the terms of this contract; or (2) replace or modify the software so that it is noninfringing. Article 20: Contracting with Executive Head of State Agency Pursuant to Texas Government Code Section 669.003, the Service Provider certifies that helshe/it is not the executive head of the TJJD, a person who at any time during the four years before the date of this contract was the executive head of the TJJD, or a person or business entity that employs a current or former executive head of a state agency affected by Section 669.003. Article 21: Abandonment or Default If the Service Provider defaults on this contract, the TJJD reserves the right to cancel this contract without notice and either resolicit bids or award this contract to the next best responsive and responsible service provider. The defaulting Service Provider will not be considered in the resolicitation and may not be considered in future solicitations for the same type of work, unless the specifications or scope of work are significantly different. The period of suspension will be determined by the TJJD based on the seriousness of the default. Article 22: Certain Bids and Contracts Prohibited Under Texas Government Code Section 2155.004, the TJJD may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the TJJD to participate in preparing the specifications or request for proposals on which the bid or contract is based. If the Service Provider is not eligible, then this contract shall be immediately terminated. Under Section 2155.004, Government Code, the vendor (Service Provider) certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. Article 23: Gifts and Gratuity By executing this contract, the Service Provider certifies that he/she/it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, discount, trip, favor, or service to a public servant in connection with this contract. The Service Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. Article 24: By signature hereon, Service Provider certifies that Page 10 of 19 Contract for Parole supervision (6/16) E -- All statements and information prepared and submitted in relation to this contract are current, complete, and accurate. When a Texas business address is shown hereon that address is, in fact, the legal business address of the Service Provider and the Service Provider qualifies as a "Texas Bidder" under Texas Administrative Code Title 34, Section 20.32(68). Article 25: Compliance with the Prison Rape Elimination Act of 2003 (PREA) The Service Provider shall comply with the Prison Rape Elimination Act of 2003 (PREA) (42 U.S.C. 15601 at seq.) and with all applicable standards, rules, regulations, and TJJD policies related to PREA. The Service Provider shall make itself familiar with and at all times shall observe and comply with all PREA regulations which affect performance in any manner under this contract. Failure to comply with PREA standards, rules, regulations, and TJJD policies may result in termination of this contract Article 26: Access to Informatlon The Service Provider is required to make any information created or exchanged with the TJJD pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, Texas Government Code, Chapter 552, available in a format that is accessible by the public and at no additional charge to the TJJD. The Service Provider agrees to provide the TJJD with this information in a format that is accessible to the public, including, but not limited to, in a non - encrypted electronic format, PDF, and HTML. Article 27: Verification of Worker Eligibility Clause 1. If the Service Provider is not enrolled in the U.S. Department of Homeland Security's E -Verify system ("E -Verify") at the time of this contract award, the Service Provider shall: a. Enroll in the E -Verify program within thirty (30) calendar days of contract award; and thereafter b. Use E -Verify to initiate, within three (3) business days after the date of hire, verification of employment eligibility of all of the Service Provider's new hires employed during the contract term to perform duties within Texas and all persons (including subcontractors) assigned by the Service Provider to perform work, pursuant to this contract, within the United States. 2. If the Service Provider is enrolled in E -Verify at the time of this contract award, the Service Provider shall use E -Verify to initiate, within three (3) business days after the date of hire, verification of employment eligibility of all of the Service Provider new hires employed during the contract term to perform duties within Texas and all persons (including subcontractors) assigned by the Service Provider to perform work, pursuant to this contract, within the United States. 3. The Service Provider shall comply with the requirements of the E -Verify program Memorandum of Understanding (MOU). If the Department of Homeland Security (DHS) or the Social Security Administration (SSA) terminates the Service Provider's MOU and denies access to the E -Verify system in accordance with the terms of the MOU, the TJJD may terminate this contract. 4. The Service Provider shall include the requirements of this clause, including this paragraph (appropriately modified for identification of the parties), in each subcontract under this contract that is for services or construction. Page 11 of 19 Contract for Parole supervision (8116) Vol. pa.—�� - 5. The Service Provider shall provide, upon request of the TJJD, an electronic or printed image of the confirmation or non -confirmation screen containing the E -Verify case verification number for attachment to the Form 1-9 for each Service Provider employee, subcontractor, and subcontractor employee that meet the criteria above, following any required E -Verify protocols to allow for the provision of such information. 6. If the Service Provider fails to comply with the requirements of this clause, the TJJD may terminate this contract, withhold payment, or impose other administrative error sanctions. 7. The requirements of this clause only apply to contracts for services or construction. IV. GENERAL PROVISIONS Article 1: Relationship of Parties The Service Provider is acting as an independent contractor and is wholly responsible for the day-to-day operations of its programs and employees; no joint venture, partnership, or agency exists nor shall be implied by the terms of this contract. No employee of the Service Provider shall become an employee of the TJJD by virtue of this contract. Article 2: Indemnity The Service Provider agrees to be liable for, and hereby does indemnify and hold harmless the TJJD and its officers, directors, agents, employees, and representatives from and against any and all liability for any and all claims, suits, demands, causes of action, and/or damages, (including costs of court and reasonable attorneys' fees) arising from or based upon misconduct, intentional or negligent acts, or intentional or negligent omissions on the part of the Service Provider, its officers, directors, agents, representatives, employees, or visitors which may arise out of or could result from this contract or its performance. Article 3: Liability Insurance Section 1:The Service Provider shall maintain liability insurance in the amount of $300,000.00 for each occurrence of negligence. The insurance must cover injury to a youth that occurs when the youth is in the Service Provider's care, custody or control. Section 2:The Service Provider shall provide proof of insurance documents to the TJJD Director of Contracts, Procurement and Support Services, upon request. Section 3:The required insurance coverage, in the above stated amount, must be maintained during the term of this contract and any subsequent extension. Failure to maintain the required insurance coverage may result in termination of this contract or administrative error sanctions. Article 4: Confidentiality and Security Section I: The Service Provider agrees that all of its employees will comply with state and federal law and with TJJD policies regarding the confidentiality of student records and identifying information. Section 2:The Service Provider agrees that all information regarding the TJJD and/or its youth that is gathered, produced, or otherwise derived from this contract shall remain confidential and subject to release only by permission of the TJJD. Section 3: The Service Provider's employees who visit any TJJD facility will comply with that facility's security regulations. Page 12 of 19 Contract for Parole supervision (&16) Vol. c _V2 Pg. /3y Section 4: Identifying pictures, appearances, films, or reports of TJJD youth may not be disclosed by the Service Provider without the written consent of the TJJD, of the youth and, if the youth is under age 18, of the youth's parents, guardian, or managing conservator. Article 5: Administrative Error Sanctions Section 1: In addition to its authority to terminate this contract under Article 6 below or under other provisions of this contract, based on information from monitoring or other verifiable sources, the TJJD may take other actions, including, but not limited to: a. Requiring the Service Provider to take specific corrective actions in order to remain in compliance with the terms of this contract; and/or b. Recouping payment made to the Service Provider; and/or c. Imposing recommendations from audit or investigative findings, and minor or major sanctions; and/or d. Assessing liquidated damages for each instance of non-compliance with the terms of this contract, such as liquidated damages equaling $150 multiplied by the average daily population of TJJD youth placed with the Service Provider in the preceding month; and/or e. Suspending, placing into abeyance, or removing any contractual rights, including, but not limited to, withholding payment, moratorium on placements, population limitations, and/or removal of all youth presently in the program. Section 2: The Service Provider shall cooperate fully with the TJJD and its authorized representatives in carrying out corrective action plans. Article 6: Termination Section 1: The Service Provider may terminate, for convenience, its obligations under this contract by giving thirty (30) days' written notice to the TJJD. Section 2:The TJJD may terminate, for convenience, its obligations under this contract by giving thirty (30) days' written notice to the Service Provider. Section 3:The TJJD shall terminate this contract in the event that the TJJD is not granted funding to pay for the herein described services or in the event that funding is lost due to either a reduction in the budget or a reallocation of budgeted funds. Section 4: Cause/Default/Breach: If the Service Provider fails to provide the goods or services contracted for according to the provisions of this contract, or fails to comply with any terms or conditions of this contract, the TJJD may, upon written notice of default to the Service Provider, immediately terminate all or any part of this contract. Termination is not an exclusive remedy, but exists in addition to any other rights and remedies provided in equity, by law, or under this contract. The TJJD may exercise any other right, remedy, or privilege available to it under applicable law or may proceed by appropriate court.action to enforce the provisions of this contract. The exercise of any of the foregoing remedies will not constitute a termination of this contract unless the TJJD notifies the Service Provider in writing prior to the exercise of such remedy. The Service Provider shall be liable for all costs and expenses, including court costs, incurred by the TJJD with respect to the enforcement of any of the remedies listed herein. Article 7: Funding Out Clause This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state Page 13 of 19 Contract for Parole Supervision (6116) Vol. Pg. /yam agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article shall apply. This contract is subject to termination, without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature. Article 8: Waiver No waiver by either party of any breach or default of the other under this contract shall operate as a waiver of any future or other breach or default, whether of a like or different character or nature. Article 9: Severability The provisions of this contract are severable. If any provision of this contract is determined by a court of law or other competent authority to be invalid and contrary to any federal, state, or local law, such invalidity shall not affect the other provisions or applications of this contract, which shall be given effect without the invalid provision or application. Article 10: Contract Term The entire term of this contract shall be for a period of 2 years, beginning on September 1, 2016 through August 31, 2018. This contract may be renewed for two (2) additional terms of two (2) years each, provided that both parties agree in writing to each renewal. Any renewals shall be at the same terms and conditions, including any approved changes. The rates and services may be renegotiated based on performance and required service delivery. Article 11: Contract Amendment and Merger Clause This contract encompasses the complete and entire agreement of the parties. Neither party has made nor relied on any representations, stipulations, nor agreements other than those expressly contained in this contract. No other agreements, oral or written, shall constitute a part of this contract unless such is made in writing, executed by the parties hereto or their successors, and expressly made a part of this contract. This contract may only be amended or supplemented in writing, executed by the parties hereto or their successors, and expressly made a part of this contract, except that the TJJD reserves the right to make unilateral minor administrative changes to correct typographical errors, change the TJJD contract identification number, or increase the "not to exceed" amount if necessary for continuation of services. Article 12: Notice of Changes Section 1:The Service Provider shall notify the TJJD immediately in writing in advance of any significant change affecting the Service Provider, including, but not limited to, change of the Service Provider's name or identity, location of services, ownership or control, operating entity, governing board membership, key personnel, payee identification number, and any other significant changes that may affect the delivery of services under the terms of this contract. Section 2: The Service Provider shall not transfer or assign this contract or enter into any subcontract for the services under this contract without prior written approval from the TJJD. Section 3: The Service Provider shall not relocate the services provided under this contract from the location stated in the preamble without prior written approval from the TJJD and a certification that the location to which services are to be relocated is in compliance with Chapter 244, Texas Local Government Code. Page 14 of 19 Contract for Parole Supervislon (6116) Article 13: Notice Required notices shall be addressed to the Director of Contracts, Procurement and Support Services at the TJJD Central Office at 11209 Metric Boulevard, Bldg. H, Post Office Box 12757, 78711, Austin, Texas 78758; to the TJJD District Office/HWH/Institution at San Antonio District Office, 321 N. Center, Suite 101, San Antonio, TX 78202 and to the Service Provider at 1904 West Highway 21, Bryan, Texas 77803. Article 14: Governing Law and Venue In any legal action arising under this contract, the laws of the State of Texas shall apply and venue will be in Travis County, Texas. Article 1S: Problem Solving in the Ordinary Course of Business Section 1:The parties to this contract shall use the procedures contained in this Article for routine problem solving. These procedures may also be used if a party is asserting a claim for breach of contract. Should these procedures not resolve claims for breach of this contract, the procedures contained in Article 16 shall be followed thereafter. Section 2: Informal Resolution: The Service Provider and the TJJD staff will communicate regularly and engage in informal problem solving efforts as a routine measure, thus preventing differences from becoming major problems. When routine measures have been exhausted, the Service Provider and the TJJD staff are encouraged to utilize the following mechanism to resolve problems. Section 3: Formal Resolution: a. The Service Provider or TJJD staff who wishes to submit problems for resolution may do so in writing, including all relevant information and a recommended resolution (Statement of Problem). b. The Statement of Problem will be submitted to the designated contact, the Director of Business Services and Contracts, unless the problem specifically involves the designated contact, in which case, it will be submitted to the designated contact's supervisor. c. Problems are to be addressed within ten (10) working days; a written decision will be sent to the individual or program that submitted it, to the designated contact, and to the designated contact's supervisor. Section 4: Appeal: The Service Provider or the TJJD staff desiring to appeal the decision may do so in writing within ten (10) working days of the date of the written decision by providing all pertinent information relevant to the appeal to the designated contact's supervisor if the problem was addressed by the designated contact, or to the Director of Contracts, Procurement and Support Services if the problem was addressed by the designated contact's supervisor. When appealed, the problem shall be addressed within fourteen (14) working days, with written responses sent to the individual or program who submitted it, the designated contact, the designated contact's supervisor, and the Director of Contracts, Procurement and Support Services. Page 15 of 19 Contract for Parole supervision (8116) Vol. �43 Pg._ 1e"- Article 16: Claims for Breach of Contract Section 1: The dispute resolution process provided for in Chapter 2260 of the Texas Government Code, as further described herein, must be used by the TJJD and the Service Provider to attempt to resolve any claim for breach of contract made by the Service Provider. a. The Service Providers claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Texas Government Code. To initiate the process, the Service Provider shall submit written notice to the TJJD Executive Director no later than 180 days after the date of the event that gave rise to the claim, stated with particularity as outlined in Section 2260.051. Additionally, said notice shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the TJJD and the Service Provider as would otherwise be entitled to notice under the parties' contract. Compliance by the Service Provider with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Texas Government Code. b. The contested case process provided in Chapter 2260, Subchapter C. of the Texas Government Code is the Service Provider's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the TJJD if the parties are unable to resolve their disputes under subparagraph A. of this paragraph. c. Compliance with the contested case process provided in Subchapter C is a condition precedent to seeking consent to sue from the Texas Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. Neither the execution of this contract by the TJJD nor any other conduct of any representative of the TJJD relating to this contract shall be considered a waiver of sovereign immunity to suit. Section 2: The submission, processing, and resolution of the Service Provider's claim is governed by the published rules adopted by the TJJD pursuant to Chapter 2260 of the Texas Government Code, as currently effective, hereafter enacted, or subsequently amended. Section 3: Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Service Provider, in whole or in part. Article 17: No Third Party Beneficiaries The terms of this contract are for the sole benefit of the parties to this contract and will not be construed to confer any rights on any other person. Article 18: Audit Clause Pursuant to Chapter 321 of the Texas Government Code and Texas Government Code Section 2262.154, the Service Provider is hereby advised that the Texas State Auditor's Office (State Auditor) may conduct an audit or investigation of any entity receiving funds from the state directly under a contract or indirectly through a subcontract under that contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, 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, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The Service Provider shall ensure that this paragraph, concerning the State Page 16 of 19 Contract for Parole Supervision (8116) I/OL - PL� Pg. /%- Auditor's authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate, is included in any subcontract it awards. The Service Provider shall maintain and retain supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with TJJD and State of Texas requirements. The Service Provider shall maintain all such documents and other records relating to this contract and the State's property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. The Service Provider shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all information related to the State's property, such as work papers, reports, books, data, files, software, records, and other supporting documents pertaining to this contract, for purposes of inspecting, monitoring, auditing, or evaluating by the TJJD, the State of Texas or their authorized representatives. The Service Provider shall cooperate with auditors and other authorized TJJD and State of Texas representatives and shall provide them with prompt access to all of such State's property as requested by the TJJD or the State of Texas. The Service Provider's failure to comply with this Article shall constitute a material breach of this contract and shall authorize the TJJD to immediately assess the liquidated damages. The TJJD may require, at The Service Provider's sole cost and expense, independent audits by a qualified certified public accounting firm of The Service Provider's books and records or the State's property. The independent auditor shall provide the TJJD with a copy of such audit at the same time it is provided to the Service Provider. The TJJD retains the right to issue a request for proposals for the services of an independent certified public accounting firm under this contract. The TJJD may unilaterally amend this contract to comply with any rules and procedures of the State Auditor. Article 19: Default If the Service Provider defaults on this contract, the TJJD reserves the right to cancel this contract without notice and either resolicit bids or award the contract to the next best responsive and responsible service provider. The defaulting Service Provider will not be considered in the resolicitation and may not be considered in future solicitations for the same type of work, unless the specifications or scope of work are significantly different. The period of suspension will be determined by the agency based on the seriousness of the default. Article 20: Debt Owed to State of Texas The Service Provider agrees that any payments due under this contract will be applied towards any debt the Service Provider owes to the state of Texas, including, but not limited, to delinquent taxes and child support that is owed to the State of Texas. Article 21: Buy Texas In performing this contract, the Service Provider shall purchase products and materials produced in Texas when they are available at a price and in a period of time comparable to non -Texas products and materials. Article 22: Specifications The Service Provider shall provide services in accordance with the specifications contained in this contract. The TJJD will determine the answers to all questions that may arise as to the interpretation Page 17 of 19 Contract for Parole Supervision (8116) Vol- _ v` Pg. of the specifications and the quality or acceptability of work performed. The TJJD will decide the rate of progress of the work and the acceptable fulfillment of the services on the part of the Service Provider. Article 23: Assignment Without the prior written consent of the TJJD, the Service Provider may not assign this contract, in whole or in part, or any right or duty required under it. Article 24: Compliance with Other Laws In the execution of this contract, the Service Provider shall comply with all applicable federal, state, and local laws, including laws governing labor, equal employment opportunity, safety, and environmental protection. The Service Provider shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations which in any manner affect performance under this contract. Article 25: Execution Authority The Service Provider represents and warrants that the individual signing this contract is authorized to sign this document on behalf of Service Provider and to bind Service Provider under this contract. ARTICLE 26: COMPLIANCE WITH PRISON RAPE ELIMINATION ACT (PREA) AND AUDITING The Service Provider shall comply with the Final Rule of the Prison Rape Elimination Act (PREA) of June 20, 2012, effective August 20, 2012 (42 U.S.C. 15601 et seq.), and with all applicable PREA standards and TJJD policies related to PREA to the extent required by law for the type of facility contemplated by this contract. The Service Provider shall make itself familiar with and at all times shall observe and comply with all PREA regulations which in any manner affect performance under this contract. Serviced Provider acknowledges that in addition to "self-monitoring requirement" the TJJD will conduct announced or unannounced compliance monitoring visits including "on-site' monitoring. The Service Provider will be subject to a Department of Justice (DOJ) PREA Audit every three (3) years beginning August 20, 2013. The Service Provider shall be solely responsible for paying for a PREA Audit as required by its contract with the TJJD. During the non -audit period, the TJJD will perform an audit at no cost to the Service Provider to ensure continued compliance with the PREA. Failure to comply with the PREA standards and related TJJD policies to the extent required by law for the type of facility contemplated by this contract may result in termination of this contract. Page 18 of 19 Contract for Parole Supervision (8116) IN WITNESS WHEREOF, the parties hereto have made and executed this contract as of the day and .year last below written. For the Service Provider: Signature Printed Name Date Approved as to form: Page 19 of 19 Contract for Parole Supentision (8116) Duane Peters, Chairman Brazos County Juvenile Board Date ON ne QiK U 20 ( , FULLY EXECUTED IN DUPLICATE, EACH OF WHI H 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 rV01- .._, aI Brazos County Juvenile Justice Center Detention Services Agreement October I, 2016 -September 30, 2017 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services October 1, 2016 — September 30, 2017 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Leon County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation') and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter "the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider') pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Leon County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing October 1, 2016 - September, 2017. It shall be automatically renewed for one (1) year terms thereafter, commencing October 1st and ending September 30th of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized 1 _ _ LV01_9:!4L_ Pg.. a Brazos County Juvenile Justice Center Detention Services Agreement October I, 2011- September 30, 2017 to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CIMS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Madison County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff, Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facflity from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. Any damage to county property or juvenile facility fixtures will be paid for by the Juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. I Voi. _f�� Pg• / 9� Ir _. Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2016— September 30, 2017 H. It is further understood and agreed by the parties that, children maybe released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of Madison County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Leon County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV 4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $135.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by the Department. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. 4-04 Service Provider will submit an invoice for payment of services to Juvenile Probatimr on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2016—September 30, 2017 receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in art paid from state funds. the accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006, 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/ authorization from the Juvenile Court of Madison County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services LV ohs _ Pg._�i_� - O� _ -- Bravos County Juvenile Justice Canter Detention Services Agreement October 1, 2016—September 30, 2017 furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the 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 VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility, As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegaLions and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231and Service Provider shall contact Juvenile Probation by telephone at (936) 241-6230 within 24 hours. 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 shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abusene leg ct@0jd.texas.eov and Brazos County Juvenile Justice Center Delention Services Agreement October 1, 2016 -September 30, 2017 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief m to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the 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. F. A juvenfle justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety, 6 Pg __ ��_3� Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2016- September 30, 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. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service, -minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G, The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2016—September 30, 2017 C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jadable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and IocaI laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: Brazos County Juvenile Justice Center Detention Services Agreement October I, 2016— September 30, 2017 A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; A. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; B. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, 9 _ ��<t --- p9 %J�� Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2010 September 30, 2017 neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/ facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case 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 XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Leon County having juvenile jurisdiction ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation., and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30f [PREA §115.387(e) and (f)] 10 pU--- Leon County Probation Department Carmen Fritts Thomas Chief Juvenile Probation Officer Leon County Authorized Official Brazos County Juveniie Justice Center Detention Services Agreement October 1, 2016—September 30, 2017 Brazos County Juvenile Justice Center C 411 V Doug Vanc , PhD Executive Director Duane Peters Chairman, Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT ON �� I 20/ FULLY EXECUTED IN DUPLICATE, EACH OF WHIC SHALL HAVE THE FULL FORCE AND E FE, OF AN ORIGINAL. :) By: w -- Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 CONTRACT AND AGREEMENT FOR SECURE, RESIDENTIAL, POST -ADJUDICATION TREATMENT SERVICES FOR ADJUDICATED JUVENILE OFFENDERS This Agreement is entered into by and between Brazos County ("Contracting County") and Nexus Recovery Center ("Service Provider"), a Dallas non-profit specializing in substance abuse services for females; licensed by the Texas Department of State Health Services. ARTICLE 1 PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Contracting County with short and long term residential care for female youth adjudicated for having committed delinquent conduct or conduct indicating a need for supervision. The placement Facility to be utilized is leased and operated by Service Provider, and is located at 8733 La Prada Drive Dallas, TX 75228. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing October I, 2016 and ending September 30, 2017. It shall be automatically renewed for one year terms thereafter, commencing October 1" and ending September 30" unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: An Adolescent Residential program based on the 12 steps and addressing issues such as anger management, decision-making, healthy relationships and socialization, relapse prevention, physical fitness, and life skills training. The facility accepts pregnant girls, as well as youth with newborns. Adolescent residential clients live in a dormitory on the La Prada campus and are responsible for maintaining their living environment. The girls attend school on campus five days a week, six hours per day. The Dallas Independent School District provides Nexus with two accredited teachers for the classroom. Enrichment activities are offered during the summer months. 3.02 Service Provider will also provide/perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Contracting County. Nexus Recovery Center 2016-2017 --- -- -J-"J' - / �k Page t of 11 \SOI. Of B. Ensure that the child's parent(s) or legal guardian(s) and Contracting County 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 Contracting County and the parents. In the event of serious illness or accident and for any required follow-up care, Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. C. Provide to the Contracting County 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 Plan. The Individualized Treatment/Case 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. D. Initiate and document meetings to review the Individualized Treatment/Case Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed thirty (30) 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. E. Maintain copies of the original Individualized Treatment/Case Plan and the periodic reviews. F. Provide Brazos County Juvenile Services with a written report of the child's progress at reasonable intervals, not to exceed thirty (30) days, or on a more frequent basis, as needed. Progress reports will be sent to Brazos County on a month]/ basis. G. Document and maintain records pertaining to the number and type of investigations made by the Department of Family and Protective Services, the Department of Juvenile Justice, any law enforcement agency, or any other investigative agency. Such records shall be immediately made available to the Contracting County upon request. H. Any and all medical/psychiatric treatment and medication required to meet the needs of the child, as well as other pre -approved 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 Contracting County; however, in no case shall a child be denied any needed medicalIpsychiatric treatment due to the inability to pay, I. Provide and document off -campus visits or furloughs upon request; however, the costs associated with off -campus visits or furloughs will be paid by the parent, guardian, or Contracting County. J. 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 no later than the third day after the date a child is placed in the facility. ARTICLE IV COMPENSATION 4,01 For and in consideration of the above-mentioned services, Contracting County agrees to pay the Service Provider the sum of $180.00 per day for each child. The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying Nexus Recovery Center 2016-2017 /% -57----------�I Page 2 of 11 FOL �� /O_J procedures agreed upon by Service Provider and Contracting County. Payment is due within 30 days of receipt of billing. 4.02 Psychiatric services will be provided to the child on an as needed basis. The Contracting County 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. 4.03 Service Provider will submit an invoice for payment of services to the Contracting County 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 Contracting County in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Contracting County in a timely manner. 4.04 Contracting County shall be responsible for all of the juvenile's medical expenses, including prescription medication. Contracting County may make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization and dental, for Post -Adjudication program juveniles, or can authorize in writing Service Provider to do so on behalf of Contracting County at Contracting County's expense. 4.05 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Contracting County. The Administrator shall notify Contracting County of Outside Treatment within twenty-four (24) hours of its occurrence. 4.06 If during the course of residential treatment, the Contracting County determines that a part of the youth's treatment program should include time away from the residential setting of the Service Provider, such as weekends and Holidays, prior to the completion of the youth's treatment and return home, and wishes that the youth return to the residential setting after a period away from the residential setting, the Contracting County shall request the Service Provider to retain space for the youth until his return. To this end, the Contracting County agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by the Contracting County. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. 4.07 The Service Provider is under no obligation to retain space for the juvenile in an unauthorized departure situation; however, in no event shall the Contracting County pay for the days when the juvenile was absent without authorization, but no space in the program was retained for such absent client(s) by the Service Provider. The County must be informed in writing if and for how long the Service Provider intends to retain space for such an absent client, and the County may decline in writing all or part of the period for which the Service Provider intends to retain the space. Nexus Recovery Center 20162017 -- Page3 of 11 4.08 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Contracting County under this contract. Service Provider shall account separately for state funds received and expended utilizing Generally Accepted Accounting Practices (GAAP). Upon request Service Provider will provide Contracting County with a copy of its most recent financial audit. 4.09 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.10 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 4.11 Service Provider agrees to make claims for payment or direct any payment disputes to Contracting County's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.12 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Contracting County may be denied, if space limitations require, as determined by the Facility. Service Provider will make every reasonable effort to place the child expeditiously. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Contracting County. Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in the program. 5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 5.04 If a child is accepted by the Facility from Contracting County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the representative of the Contracting County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Contracting County to provide for the transportation for the removal of the child. 5.05 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. Nexus Recovery Center 2016-2017 ---------------- Page 4 of 11 5.06 Except as provided in Section 5.04, 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 either a written authorization from the Contracting County that placed the child, or an Order of Release signed by the Judge of the Juvenile Court of the Contracting County. 5.07 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Contracting 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 pertaining to the maintenance and operation of the Facility. 5.08 Contracting County 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 Contracting County without the express consent of an authorized agent of Contracting County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Contracting County to examine and evaluate its program of services provided under the terms of this agreement periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interviews and the administration of questionnaires to the staff of Service Provider and the children, when deemed necessary. 6.02 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 Contracting County any and all books, documents or other evidence pertaining to the direct costs and expenses of this Agreement. 6.03 Service Provider will keep a record of all services provided to Contracting County under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Contracting County. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.04 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 VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children placed by Contracting 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. Nexus Recovery Center 2016-2017 .-------------------- Page 5 of 11 C> `vol. 7.02 Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter 380, Subchapter G, Division I, Rule §380.9909, relating to Access to Youth Information and Records. ARTICLE VIII DUTY TO REPORT 8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Contracting County) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency; B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll- free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and, C. Contracting County. ARTICLE IX DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Contracting 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 Contracting County: 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 with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, intems, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and, F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Nexus Recovery Center 2016-2017 _ Page 6 of 11 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, including the Prison Rape Elimination Act of 2003, 42 U.S.C. 15601 et seq. 10.02 Service Provider agrees that it will not engage in any religious indoctrination or require any of the children placed with the Service Provider under this Agreement to participate in any religious activity. Service Provider further agrees that it will not impose any sanctions or deny any benefits to any children placed with the Service Provider under this Agreement solely on account of the child's religious beliefs or because the child does not participate in religious activities. Service Provider further agrees that it will not engage in any activity with respect to the children placed with the Service Provider under this Agreement that would constitute an establishment of religious or in any manner violate the rights of the children to religious freedom under the First Amendment of the United States Constitution. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of Contracting 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 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 XII DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT 12.01 Contracting County 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. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the tern of this Agreement. Unless specified Nexus Recovery Center 2016-2017 �.i Page7ofil 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. 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 XIII TERMINATION 13.01 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 to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Contracting County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Contracting County shall remove at its expense all children placed in the Facility on or before the termination date. 13.02 Service Provider shall cease to incur costs associated with this Agreement upon termination or receipt of written notice to terminate, whichever occurs first. ARTICLE XIV WAIVER OF SUBROGATION 14.01 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 Contracting County. Service Provider also waives any rights it may have to indemnification from Contracting County. ARTICLE XV INDEMNIFICATION 15.01 To the fullest extent permitted by law, Service Provider shall indemnify, defend and hold harmless Brazos county, its elected officials, appointed officials, officers, directors, employees, agents and representatives (collectively referred to as the "indemnitees") from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorney's fees, arising out of, resulting from, or occurring in connection with the performance of the work, provided that such claim, liability, damages, loss, costs or expense is attributable to bodily injury, sickness, disease, or death or to injury to, or destruction of, tangible property, including the loss of use thereof in NeKUS Recovery Center 2016-2017 -__—_..__.___ Page 8of 11 any way occurring, incident to, arising out of or in connection with: (a) a breach of the warranties provided by Service Provider.; (b) the work performed or to be performed by Service Provider, employees and agents; (c) any negligent action and/or omission of the indemnitees related in any way to the project whether the indemnitees are negligent in whole or in part, and even when the loss is caused by the sole fault or negligence (including acts or omissions that are characterized as negligence per se, negligence premised on strict liability, or any other type of negligence) of the indemnitees; or (d) any fines, penalties, damages (including punitive), liabilities, costs and expenses in connection with: (1) a violation of any law, statute, rule, ordinance, code or other requirement of public authorities; (2) means, methods, procedures or sequences of execution or performance of the work; and (3) failure to secure and pay for permits, fees, approvals, licenses and inspections for which Service Provider is responsible under the agreement documents. Service Provider's indemnity obligation herein shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this section. The scope and extent of this indemnity shall not be limited by the availability of coverage under Service Provider's insurance and shall not limit indemnitees' other legal remedies against contractor or any other person or entity. This indemnification provision shall survive termination of the agreement. ARTICLE XVI SOVEREIGN IMMUNITY 16.01 This Agreement is expressly made subject to Contracting County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Contracting County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Contracting County or any political subdivision thereof; and, C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Contracting County upon request. Furthermore, the Contracting County shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to Contracting County. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, neglect, or exploitation of ajuvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Nexus Recovery Center 2016-2017 ______._.__ ________� Page9of11 Vol. _��,3_ �'9• ..�� Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20,01 In case 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 XXI PREA 21.01 Service Provider attests that it does not serve a population of fifty one percent or higher of juvenile justice youth, therefore, it does not have to comply with PREA mandates. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Contracting County for the children placed in the Facility by the Judge of Contracting County having juvenile jurisdiction. Nexus Recovery Center 2016-2017 // __ _ !(j Page 10 0 f11 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE TIME FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this day of . 2016. Brazos County Commissioners Court Date: W /Ap Duane Peters, County Judge Chairman, Juvenile Board 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-3614503 Brazos County Juvenile Services Department Douglas Vance, Ph.D. Date Executive Director Nexus Recovery Center A.Rebecca Crowell Date CEO Nexus Recovery Center 2016-2017 Page 11 of 11 LEASE PRECINCT I, CONTABLE'S OFFICE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". I. Description of Premises Lessor leases to Lessee a portion of that certain single store building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 140, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned Space #140. The demised premises shall be at least 1625 sq. H. in size. The building is to be handicap accessible in accordance with ADA standards. II. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October 1, 2016 and terminating on September 30, 2017 (the "Initial Term"). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October 1, of the year of renewal. Each renewal term shall be number with renewal option 1 commencing on October 1, 2017 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2021 and termination on September 30, 2022. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. HI. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as lessor may from time to time designate an amount equal to $1.04 per sq. ft. of occupied space of $1,690.00. Said rent is payable in monthly installments on die first day of each month for the term of the lease. IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications 1 Vol therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Constable's Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. VII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect or plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaeed premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either patty to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own costs and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, place glass, in or on the demised premises, in good order, condition, and repair, an in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. C) Emergency repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed 51,000.00 for the account of the Lessor without giving the required notice. X1. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XII. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. C) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire and casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall pass tbrough to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro- rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. X1I1. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. XVII. Default by Lessee a) Lessor's right to repossess, operate, or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the current least term. Lessor acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collections fees, and any alterations or repairs reasonably necessary to 5 enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expriation of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. C) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. XIX. Remedies of Lessee Upon an event of default as defined in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct to sue for direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expense of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceable possess and enjoy the demised premises during the lease term without any interruption or disturbance. lVUl_3__�]cj_. XXIII. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXV. Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIIl. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. xxx. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor,may in writing designate to Lessee. Lessor: Southwood West, A Texas General Partnership 14375 East Montgomery Rd. Scottsdale, Arizona 85262 mcdowctl@txcyber.com Lessee: Brazos County Duane Peters, County Judge 200 S Texas Ave, Suite 332 Bryan, Texas 77803 dpeters@brazoscountytx.gov Dated this day of�. 2016. ATTEST: By: _ Karen McQueen County Clerk LESSOR: SOUTHWOOD WEST A Texas General Partnership By: r V A- Jeffery L McDowell Title: LESSEE: SCO Y,T S Ey: V Duane Peters EXHIBIT "A" All of Lots FIVE (5) and SIX (6), Block TWO (2), EDELWEISS BUSINESS CENTER an additionto the City of College. Station, Brazos County, Texas,. according to the Plat thereof recorded in Volume 5002, Page 151, Official Records of Brazos County, Texas. EXHIBIT "B" ri E3OMff "C" Vol. V 0 - —? — L —, lie CERTIFICATE OFA NTE RESTED PARTIES Foern:1295 OFFICE: USE Compete has 1- d and E if there are in[efesled parties.� � � � � ONLY - - .CompleteNos12,3,•5,and'6il lhereare nd'Inierestedpnrties., . CERTIFICATION OF FILING 1 'Name of business entity flliiig Form and the city, state'end countryof the business -entity's place ;?: Certificate Number. .ofbdsiness _ 2016=113571 , . r5tiu[hv+ood west'- . - - C011ege Station, TX Unite States - �t Date riled - 2 iled2:Name of governmental entity,or. state agency. that Is a party w the contract for Which the toren is 09!1912016 ... _ .. .. ..: ' ... Brazos County:, .. - .. Date Acknowledged Provide the identiftation number.used by the govemmenlal�entfry or state agency to track or identifydhr. contract, and provula.a - ' ( description of the services; Bonds, or other propertyto be provided under the contract..17-230 Nature of interest. Sine4 CitY(SIStc, CourY(Place r(chekName of Interested Party, applicable) -Controlling Intermedhvyi Soulftv+ocd West • College Statlon„ X United States X - 6 Check on'y if there is NO Interested Party.!;, ❑ 6 '1P 1 v `- I s +ear, or affirmunder penalty of perjurythe Uie above disclosdre is are an corren 1"," - ' I, CAHLSPEHCEH '. rixon� At! deopaaopa A -aCaunfy ( fay C6mi4 Expires at 14 2020 •5 g ized a0ent of contracting bu mess enllty 1frU.NOTARY STAtAP f SEAL ABOVE davot f Tc» 414 saoui to and subscmed 5 ore pre, by the said, - F_ - msme � .20�_, ce'nifjv hlc`h, vdmess my harld and seal of dlficp. _ ,_Segnam ofgffi=etadmlr is ding bath Printed ham of officer dmimstenng 0, 111 ' T1ue of office hdmlmstenng oat Forn si provided by Texas Efh cs.Commission . c �niLelhlcs stile tx us Version V10 277 in LEASE PRECINCT 1, JUSTICE OF THE PEACE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". I. Description of Premises Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 180, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned to it eight (8) permanent reserved spaces for Lessee. On days jury trials are scheduled, the Lessee shall be assigned an additional seventeen (17) temporary spaces for the length of the trial. Such spaces shall be designated with temporary signs on poles placed at the assigned temporary space. The location of the permanent and temporary spaces is set forth on Exhibit `B" attached hereto and made a part hereto for all purposes. The demised Premises shall be at least 2330 sq. ft. in size. The building is to be handicap accessible in accordance with ADA standards. H. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October 1, 2016 and terminating on September 30, 2017 (the "Initial Term"). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October 1 of the year of renewal. Each renewal term shall be number with renewal option 1 commencing on October 1, 2017 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2021 and termination on September 30, 2022. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. III. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate, an amount equal to $0.98 per sq. ft. of occupied space of $2,283.40. Said rent is payable in monthly installments on the first day of each month for the term of the lease. IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Justice of the Peace Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. Vl. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. V1I. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect or plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. LX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own costs and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, place glass, in or on the demised premises, in good order, condition, and repair, an in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. 3 c) Emery repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. M. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XII. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire and casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro -rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law, a XIII. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. Xv. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. XVII. Default by Lessee a) Lessor's right to repossess, operate, or retet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the current least term. Lessor Ell 0__�__ acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collections fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expriation of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. XIX. Remedies of Lessee Upon an event of default as defined in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct to sue for direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expense of Enforcement Should either parry incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceable possess and enjoy the demised premises during the lease term without any interruption or disturbance. XXIII. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXV. Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIII. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. pg.- -/ 9O xxx. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor: Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona 85262 mcdowell@txcyber.com Lessee: Brazos County Duane Peters, County Judge 200 S Texas Ave, Suite 332 Bryan, Texas 77803 dpeters@brazosc//ou�� ntytx. gov Dated this day of �7U , 2016. ATTEST: By:C� 4areZnAMcQueen County Clerk LESSOR: SOUTHWOOD WEST A Texas General Partnership By: V r - Jeffery L McDowell Partner LESSEE: B C, OUNT S By: Duane Peters County Judge EXHIBIT "A" All of Lots FIVE (5) and SIX (6), Block TWO (2), EDELWEISS BUSINESS CENTER, an addition to the City of College. Station, Brazos County, Texas, according to the Plat thereof recorded in Volume 5002, Page 151, Official Records of Brazos County, Texas. EXHIBIT "B" uttle Wilx: I FIV -10 -I- -P Page Pof)4 k - MAINTENANCE OF XEROX COPIERS CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 Contract No. 17-088 Bryan, Texas 77803 Page 1 of 7 Pages Telephone (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT I, _ L.1, ! I LEI r+, E, .5i a 11 as a duty authorized representative of ac. - 1 i t G Frl�G C-- 1e.c.i.,Noy C0 ;`Contractor" willingly attest to perform (or deliver) as per pricing proposal and scope of work also known as Exhibit "A" for Brazos County. I further agree to all of the provisions and specifications contained in this contract. MAINTENANCE/SERVICE AGREED TO Contractor agrees to provide maintenance and service on Brazos County owned copiers listed in Exhibit A. Contractor agrees to provide service in a timely manner with no less than a four (4) hour, response time. Maintenance will be performed during business hours in accordance with the location of the department where the copier is located. Business hours may vary depending on the location of the copier. For all maintenance or service'required on any of the listed copiers, it is required that only original equipment manufacturer (OEM) parts be used for replacement of parts. Toner and staples will be provided by the Contractor for the life of this contract to include any future renewals or extensions. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without wiitten permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws ,of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brains County or the offerors. Department heads are NOT authorized to sign agreements for Brazos IQ Continuation Sheet Contract No. 17-088 BRAZOS COUNTY, TEXAS Page 2 of 8 Pages County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODWICATION OF LOCATIONS OR SERVICES Brazos -County -reserves -the -right to -add -locations -as -these -additional -locations -may -be required Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be. followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. IQ Continuation Sheet " """ CoatractNo. 17-088 BRAZOS COUNTY, TEXAS Page 3 of 8 Pages When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result In a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be hopored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code § 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be famished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govem. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seg., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such IQ Confinuatiea sheet - - - - . Contract No, 17-088 - BRAZOS COUNTY, TEXAS. Page 4 or8 Pages line of business, Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn, however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby decked that such remaining portions would have been included in these requirements and the specifications as though the invalid portion bad been omitted. SILENCE OF SPECIFICATIONS 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 practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items famished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to property perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor/Contractor, before starting work for Brazos County, must famish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Stamtory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1.000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011). Waiver of subrogation is required. (2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy IQ Contluuatida Sheet Contract No. 17-088 BRAZOS COUNTY, TEXAS Page 5 of 8 Pages shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed .as -making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity'or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S_ Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 �'�' _ IQ Continuatiao Shect... .. ..,.- .. --_ _ - -_--.-_--- Contract No. 17-088— BRAZOS COUNTY, TEXAS Page 6 of 8 Pages Bryan, Texas 77803 CONTRACTOR: Sales ContactNa®re: Phone Number: Billing l ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL?FUNDING CLAUSE Notwithstanding :any provisions contained herein, the obligations of Brazos County are .expressly contingent' upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this. Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, eitherwritten or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be.retained and made available by the Contractor for audit by Brazos'County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State -of Texas; Inspector General or duly appointed law enforcement of and agencies of the United States Government. Such records shall be retumed by Contractor and made availablc'for any time period required by state or federal law. If changes cccuriin the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit .is initiated before the expiration of such time.periods required by state or federal law regarding retention of recordsi the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit' exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, Use or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. - . _. Vol. -� ��—� — r � . �, �� ,� i IQContinuationSheet -` - —Contract No. '17t788 BRAZOS COUNTY, TEXAS Page 7 of $ Pages._ . INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County andall its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until ;suit or suits, action or actions,.cWm or claims for injury or damages as aforesaid shall have been settled and. satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its efficers; agents or employees. The undersigned affirms that they are duly authorized.to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior. to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. p Signed By; �i ), -- C ; `� Title: I L' i c- he, e C Typed Name: Company Name: 00,', li D-Ufcr 'Te c,kit? o�Phone No. Email Address: 6 S �l o sa.k ,, I I . <0 e'n' Mailing Address: & If a5 7E X.a,5� 7's-3ZQ- 5-3 S" L/ P.O. Box or Street City State Zip Employer Identification Number: L-/ O C% Social Security Numb r: Appr ed Com 'ssio is Courfon'this _day of n 1016 by olding,the position of iA vol. __. Pg._ Full Service Agreement esvded Orem Jar InAane we ecy Q)dahff Order Vale: Cull neer No: Lease Nn: PO No: SerAce Location: Blit Ta: "'` Brazos County (Respective Office) N""BRAZOS COUNTY Address. Addreaa.200 South Texas Avenue, Suite 352 `'"J5`a`en'pfc-nty Bryan, TX 77803 / Brazos `°"""'Pb"` `°"""'Leslie Contreras Ph°"`979-361-4294 n °uefDpemllan: Emailaddre", Emadaddest:lcontreras@brazoseount .gov See wnespondina schedule s forIncluded ccv7prnamb SPECIAL I1,15171 HCDE CASH DEAL 82078, NO ANNUAL INCREASE. BILL OVERAGESi$d�ie *. STAPLES INCLUDED. CANCEL EXISTING MAINTENANCE AGREEMENT. PROGRAM PRICING: Includes all service and_ supplies; paper and staples are excluded. Otaca Pool A(A3/Ledger capable device) Brother5mrars Allowance Single User a Workarcup P 9/W 315,500 Ovg $.006 TOTAL PRINT Unlimited B/W-OnAw includ°d Color 20,000 Ova $0.04 Single User �J Workgmup Office Pool B(AVLetteglegal capable clulea) TOTAL PRINT UPUrniled B/W- Pe¢hmed or Eaisbing Device Allvw"nce Single User p---�� Wah rots A P A/W Ovg Color Ovg Allowance - ---�^? Color Ovg Production Allowance Ovg Rate Optienl 0$' hlpment B/W Option 213 Monthly Annual In Advance �� 1-0units 5550 510 units $1295 $166.86 "'•-•+' 0m au• MICA 11. Units SL9.95 $200.00 ��� PROGRAM MONTXLV BASE: Term: "a.nop'•Monthlp5ervlceRate C/ em❑ Included In Lease Agreement 9111ableMnnthly52,299.00 "PRO V :Byrlgn bolew,y °cc°ptaA rand candIdam of the mntraq 114od aboveond on resume of agre°m°nL Customer above: Account Managed: pale; 7100 Dat : Credit Approval nature;WkAF pule: - I A TW°• tut: �,r01L - .. Ng15ERNLEA4RE9ALM•TELAtSIIPDWN0RI0N5 bMq==0.ftwM wMewmtrbb Div. 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M�a.1:.e COR ITA CF grW DO1 OJ TIEPAWff= OUMNOANFYYID %MMe T1E OONMM,7 6 oM Uky WE M DR oANYMA" M POLO IM 8 M ff (I PARrCnM ONEOOBNC iD WE RC£ fO INDtIM dt POfertuLTU801Mpy11EPNDff iMEtOBtaF®pAOEI A WCMR MUD MIM YOU AWM MAT WOR OAICdTOM TO PAY UE 0IN LMTIMA%UUWM000f1 KNMISMFOOMIffAM&9OR OTH UlANTO MCEAMEMYPAYYMMAYFAYEYMIMU9QRMM Mall IL MM4m Amraww4daa bylbnaapOea( 7v N WAacd 6dbdma b bMba d*gkm loot bwevvwul aU lift afaapabemppmdN App ALG=!UM-. AwYpAA.ptrarbmbtwtl.®r.pPETlYC,n,T3aeed'aMverllfpy"tTmw®eWd1AC,.OAYVlada6cimd�radl.�dr�IJLaptMfailYjdtfaamlaMFdlaa�Mmepdasaaa'rmlb►�faGt�am1t1l.dd6�d.ddArltrb�cudYSd. yrndfPlaAatlrtdMTdy'abd�ap4elbadSb9rCWtl-.a�v =w " A�� sd �bidaAl �Ma�dN bcxaY INambMrtlb /aftb p,�y el Fubm.da'Y T=YFE.6MAAeeLuapa6mMaerWmattr�YJ Y 1Lf�irh:�obbWMMMmdM�bctlGyFgm�a q godMMblbdmOWN Fpv�^gdldrNm4le+YbMdMmolbY ®edbcsCw�c. i DEPARTMENT: MEETING DATE: SUBJECT: �1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge October 4, 2016 Private Property Access Request permission to lease private property owned by Mary Dworaczyk located at 4440 Dilly Shaw Tap Road for the purpose of a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. County will lease the property for a period of 12 months at $100 per month. Site is located in Precinct 2. SUBMITTED BY: ACI EDGED BY: IQ -'0 �J' -XL, Darrell W. Kolwes S' mmy atalena Right of Way Agent Com issioner Precinct 2 This request is APPROVED /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: I a ly b 1z BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalera Commissioner Pct 2 Kenny Mallard Commissioner PCL 3 Irma Cauley Commissioner Pct.4 OWNER(S): Mary Dworaczyk - (979) 778-7066 ADDRESS: 4474 Dilly Shaw Tap Rd. Bryan, Texas 77808-8606 R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept 2817 Hwy 21 West Bryan, Texas 77803 Office: 979.822-2127 Fax 979-775-0453 ramunge r@bmzcsccuntytx.gov III. LOCATION OF WORK: 4440 Dilly Shaw Tap Road R305041 — Stephen F. Austin #10 Survey, A-63, Tract 48.8, 17.628 acres IV. DESCRIPTION OF WORK: Request permission to use property for a 12 month period beginning October 1, 2016 for a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. Site is on an existing undrilled oil well pad site leased by Halcon Resources. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NA 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: e r �J M DAracczyk r R. Alan Munger, P.E. Darrell W. Kolwes County Engineer Right of Way Agent DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge October 4, 2016 Private Property Access Request permission to enter undrilled oil well pad site owned by Halcon Energy Properties, Inc. located on the property of Mary Dworaczyk at 4440 Dilly Shaw Tap Road. Site will be used as a staging area for Brazos County equipment and materials during the reconstruction of Dilly Shaw Tap Road. Site is located in Precinct 2. SUBMITTEDBY: Q-jQ-b. � _. Darrell W. Kolwes Right of Way Agent � This request is 2f PPROVED /❑ DENIED by Commissioners' Court Duane Peters, County Judge Date: _1 1( 3Z a BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E D3 m Peters Etasos Co ty"p Lbyd Wassem,enn Cammtaelpne, PCL 1 Sammy UL kd Cwm lcmt Pct 2 Kenny Madam Ca"toloner Pct 3 Irma Ca y Commmslaner Pet. a LESSEE(S): Hatc6n Energy Properties, Inc. ("Halc6n") ADDRESS: 1000 Louisiana Street, Suite 6700 Houston, Texas 77002 R. Nan MunW, P.E Cowry En0mr 6ra7n- Canty Road 6 ErW" OspL 2617 Hwy 21 Went &yon. Tsus 77803 Me: 979-02-2127 Fac 979.7754453 mmunW@bnmsr tyu 9v III. LOCATION OF WORK: 4440 Dilly Shaw Tap Road R305041 —Stephen F. Austin #10 Survey, A-63, Tract 48.8,17.628 acres. The Location of Work site to be used is described on Exhibit "A" attached hereto and made a part hereof. IV. DESCRIPTION OF WORK: Request permission to use the Location of Work for a 12 month period beginning October 1, 2016 (the "Term") fora staging area for Brazos______ County equipment and materials during the reconstruction of Dilly Shaw Tap Road. Site is on an existing undrilled oil well pad site leased by Halcion. maintain separate operations and be solely responsible for obtaining any rights or agreements from David and Mary Dworaczyk and any other applicable landowner ("Landowner Agreement") or agreement or permission to utilize, access, build, repair, maintain and operate the BC site and Halcion Resources shall have no obligation with respect thereto. Prior to utilizing the Location of Work, BC will provide Halcion with copies of the applicable Landowner Agreement. Any direct damage to the Location of Work caused by BC's use thereof or the use of Its employees, agents, contractors or invitees shall be repaired by BC at their sole cost and expense. Any damage done to the site caused by BC shall be repaired and the site shall be left in as good or better condition than found. BC shall use reasonable efforts in good faith to accommodate Halcon's operations upon the Location of Work and to conduct operations with due regard for the other Halcdn's operations. BC shall keep the Location of Work free and clear of any obstruction so not to prevent the use of the Location of Work by Halcon or any landowner. BC shall use the Location of Work in a safe manner and in accordance with any agreement with any applicable landowner and in accordance with all applicable laws and regulations. V. INDEMNIFICATION AND LIABILITY: WITHOUT LIMITING ANY OTHER OBLIGATIONS HEREUNDER, BC SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HALCbN, AND HALCON'S OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUBCONTRACTORS ("HALCON GROUP'), FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, JUDGMENTS, AWARDS, DAMAGES, PENALTIES, SETTLEMENTS, LIABILITIES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES (COLLECTIVELY LOSSES") INCURRED BY HALON GROUP ARISING IN CONNECTION WITH OR RELATED TO BC'S, AND/OR BC'S EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND SUBCONTRACTOR'S OPERATIONS, FAILURE TO OBTAIN ANY LANDOWNER AGREEMENT, TRESPASS, OR VIOLATION OF ANY PERMIT, LICENSE OR APPLICABLE LAW ("BC OPERATIONS") UPON THE LOCATION OF WORK (INCLUDING, WITHOUT LIMITATION, DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR ENVIRONMENTAL CONTAMINATION) BUT ONLY TO THE EXTENT CAUSED BY BC'S OPERATIONS.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, A PARTY'S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY COVENANT, CONDITION, OR PROVISION_CONTAINED_INTHIS-AGREEMENT_BY-THE-OTHER-PARTY-SHALL BE---_ LIMITED TO ACTUAL DIRECT DAMAGES, AND NEITHER PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ANY OTHER DAMAGES FOR SUCH A BREACH OR VIOLATION, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, UNLESS THE PARTY SEEKING REIMBURSEMENT FOR SUCH DAMAGES IS LEGALLY REQUIRED TO PAY THE SAME TO A THIRD PARTY. THE PROVISIONS OF THIS PARAGRAPH, SHALL SURVIVE TERMINATION OF THIS AGREEMENT. VI. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Site shall be bladed, rolled and smoothed out upon the final exit of BC from the site, any holes from the entrance to the site shall be filled with like material and compacted. The surface of the site shall be inspected from time to time by Halcion or its representative and BC shall be notified of any notable damages. I (we) the undersigned owners) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Lessee's Signature: ^' a Date: 31zp12_o11e R. Alan Munger, P Darrell W. Kolwes County Engineer Right of Way Agent Halcion Energy Properties, Inc. By: T K U(;A4 Its: Sr. UP. 644064ic n s I ! . ■ !. ! \ | () HIM M ` � � ))); !)) va. ) \� ! . ■ !. ! \ | () HIM M ` !|,;A;|;`;; § ||(!§!§|| ! . ■ !. ! \ | () HIM M ` DEPARTMENT: MEETING DATE: SUBJECT: �3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge October 4, 2016 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Philip Bienski for 0.70 acre of land to be used for improvements to Smetana Road located in Precinct 4. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED'BY: _ AC EDUED liY:_ Darrell W. Kolwes rtna Cauley Right of Way Agent Commissioner Prec' t This request is 4J APPROVED / 0 DENIED by Commissioners' Court Duane Peters, County Ju ge DATE: 1(2k/P Vol. _�_�� t'y•_-�/j � NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): PHILIP BIENSKI, a single person Grantor's Mailing Address: 1839 Smetana Road - - - - ------Bryan4-Texas--77807=5247 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Smetana Road KNOW ALL MEN BY THESE PRESENTS: Ten and Noll 00 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.70 of one acre of land situated in the JOHN WILLIA-MS SURVEY, Abstract No. 237, Brazos County, Texas and being a part of that certain called 25.85 acre tract conveyed as "Tract One" in deed from Dorothy S. Bienski, Individually and as Trustee of the Leon L. Bienski and Dorothy S. Bienski Revocable Trust recorded in Volume 12002, Page 117, Official Records of Brazos County, Texas, being part of a called 39.97 acre tract described in Volume 126, Page 239, Deed Records of Brazos County, Texas and also that certain called 0.89 of one acre tract conveyed as "Tract Six" in said Volume 12002, Page 117, being part of a called 2.19 acre tract described in Volume 1018, Page 552, Official Records of Brazos County, Texas, said 0.70 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. F--'---- - -- " - --_ - Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may siill be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. 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 anywise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this o7 9 '(- day of r p+e mii ev 2016. Y v! ilip Bi ski Acknowledgment STATE OF TEXAS § COUNTY OP Ai -l-, -f § This instrument was acknowledged before me 1—a iT-aoI� by Philip Bienski. Notary Public, State ofTexas EXHIBIT "A" PAGE 1 OF 4 BRAZOS COUNTY RIGHT-OF-WAY WIDENING ALONG SMETANA ROAD BEING 0.70 OF ONE ACRE OUT OF THE PHILLIP BIENSKI CALLED 25.85 ACRE TRACT VOLUME 12002, PAGE 117 REFERENCED IN VOLUME 126, PAGE 239 CALLED 0.89 ACRE TRACT VOLUME 12002, PAGE 117 DESCRIBED IN VOLUME 1018, PAGE 552 JOHN WILLIAMS SURVEY, A-237 BRAZOS COUNTY, TEXAS January27, 2016 All that certain lot, tract or parcel of land being 0.70 of one acre situated in the JOHN WILLIAMS SURVEY, A-237, Brazos County, Texas, and being a part of that certain Called 25.85 acre tract as described in deed from Dorothy S. Bienski, individually and as -" " -- -- — Trustee -of Theteon-L.-Bienski And Dorothy S� "Bienski R"evocable Trust Volume 12002,- Page 117(described in Volume 126, Page 239) & that certain Called 0.89 of one acre tract as described in said Volume 12002, Page 117 (described in Volume 1018, Page 552), Official Records, Brazos, County, Texas said 0.70 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" inch Iron Rod Found in the occupied southwest line of Smetana Road for the most southeasterly corner, said 1/2 Inch Iron Rod also being an exterior corner in the said Called 0.89 acre tract, said corner also being located in the northwest line of Jason Siegert Called 1 acre tract described in Volume 11475, Page 215. THENCE 8 42°50'40" W along the occupied southeast line of said Called 0.89 acre tract and northwest line of said Called 1 acre tract a distance of 8.54 feet to a 112" Iron Rod With Cap set for the most southwesterly corner; THENCE N 02003'15" E through the interior of said Called 0.89 acre tract a distance of 45.47 feet to the beginning of a curve; THENCE around a curve to the left at a distance of 80.91 feet passing the northwest line of said Called 0.89 acre tract and a southeasterly line of said Called 25.85 acre tract, and continuing for a total arc length of 365,03 feet, and a radius of 430.00 feet, with a chord bearing of N 22006'37" W, that bears a distance of 354.16 feet to a 112" Iron Rod With Cap set for the point of tangency; THENCE N 46°25'45" W through the interior of said Called 25.85 acre tract a distance of 1284.63 feet to a 1/2" Iron Rod With Cap set in the northwest line of said Called 25,65 acre tract and the southeast line of the Regina and Darrell Pavlas Called 33.55 acre tract as described in Volume 12711, Page 100 for the most westerly corner, a 112 inch Iron PAGE 2 OF 4 Rod found for the northwest corner of said Called 25.85 acre tract and an angle point in said Called 33.55 acre tract bears S 42001'43" W a distance of 707.86 feet; THENCE N 42901'43" E along the northwest line of said Called 25.85 acre tract and the southeast line of said Called 33.55 acre tract a distance of 18.76 feet to a Fence Corner Post found for the most northerly corner, said corner being the most northerly corner of said called 25.85 acre tract, and also being the most easterly corner of said Called 33.55 acre tract, said corner being located in the occupied southwest line of said Smetana Road; THENCE along the occupied southwest line of said Smetana Road and the occupied northeast line of said Called 25.85 acre tract for the following calls: S 47046'21" E a distance of 77.22 feet to a Fence Post found for angle point; S 46°55'56" E a distance of 90.05 feet to a Fence Post found for angle point; S 46°05'00" E a distance of 1106.55 feet to a Fence Post found for angle point; S 45017'00" E a distance of 114.32 feet to a Fence Post found for angle point; S 34°00'12" E a distance of 11.67 feet to a Fence Post found for angle point; S 24°28'16" E a distance of 125.06 feet to a Fence Post found for angle point; S 02°40'21" E a distance of 58.73 feet to a 112" Iron Rod Found for the beginning of a curve,—said 112 -Inch -Iron Rod "also being the most-scutheasterly corner of said Called 25.85 acre tract and the most northeasterly corner of said Called 0.89 acre tract; THENCE continuing along the occupied southwest line of said Smetana Road and the northeast line of said Called 0.89 acre tract around a curve to the right, same having an arc length of 39.94 feet, and a radius of 319.44 feet, with a chord bearing of S 00041'27" W, that bears a distance of 39.91 feet to a point for the point of tangency of said curve; THENCE S 04016'22" W a distance of 83.48 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.70 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of January, 2016 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the northeast line to grid north, NAD83(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. Ea� L-1 LY ��8Aoo bb Q V yx Q E�ma� R C p �mow� N V Z� Y -Z LU m o z o Z 133H5 3N1'1H01'dW o....................... 1 13311S 3NI'IHOIVVI U Z � Lu a ZQ°c h I—�OQ Z L -W n �z0E-Zaa� WyW= !VLL QwO00- 00 0. > o V N O �JwZ oY�pu� o m zz >zm z ' _ _M� w �0 V`tCiem 9 m a m a a p 3 m z E m 3 j yy A � m 99m c wC.N o Kam m_ n m a N N c c O p a f i v — 3 o G 2 m m J W I m\m m o 2N K a -F-ai- .99'LOL W.taro Zlnam ipq nNo�nmypn1� if)fV n�OMCJ aoi lritmno�v=ui cd rri — O - U' OM InN V n Opp O� V Z O O N N0 O :t F O O N p KNN t0N h w w6RQN� �.roaeva�v.nNoo m y 2 2 2 y y y y y y y y W Z—NM 7'b ion J J J J J J J J J J J a J vol. -�� pg , Z a U 3 t - N G /• M o=o- p4]pOo N O ODEON c M UD 0 O CV_M 2M II LYQQmU LLJ V W J N p H V 7fM1 M Z o w N V �WO¢ N M E' Lu Z L LI J< 0 Z V LL Q 'maceso�HA0 'Q NQLuOdamNO��No O � C O F— iW> o OW y 0H V 0L3 0110 H�_3P Q Z U0>=m aaUOM w 50 O 3 � � � o O tp D N � � C 7 o _ N N N zwt�n wLY\ m V \ f0 Q O O Z 4N1 7) m mew F QU -J w ap =t0 ¢roo N N J W 7fM1 N67N Z. WVM ZQ L w O Lbh Cm n O V=0pm .MiAjMzo N — - O 3w3WwwWwwWw3 b2 N zoo t Nry 00 ZinONO'7 V1 R1- O L'10- t00 SN ON O N N I N Q C O V? V• C C 7 M N 0 0 W mNZZZ V141NNN4] NN W Z N M 7 co J J J J J J J J J J J J J 3NI7H0IVN !]NI-IH01VN Vol, _ �l Pg. D 7 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Smetana Road Project: R4-280 W.O. No.: 33214 Precinct: 4 I (we) the undersigned owner(s), accept payment of $26,441.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.70 acre of property located on above mentioned project. P flip Bie ski %lZ � 6 Date FENCE BUILDING OPTION AND/OR RESPONSIBILITY ACCEPTANCE Road: Smetana Road Project: R4-280 W.O. No.: 33214 Precinct: 4 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $6,745.00 for approximately 1,725' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. Date: J5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR NO. 15/16 53.1-53.2 On this the 4th day of October 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 WHEREAS, on 4th day of October 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 4th day of October 2016. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget CR 61 of funds to cover for BRAZOS COUNTY,- TEXAS --------- --- —-------- -- . BUDGET AMENDMENTS No. 15116 - 53.1 NAME BRA70S COUNTY, TEXAS BUDGETAMENDMENTS No. 15/16 - 53.2 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11210020 72590000 CR I Professional Fees - Other 1,696.93 0100 1 11210020 1 61060000 DR lBonds 70.00 0100 11210020 61110000 DR Conference & Seminars 625.00 0100 11210020 61280000 DR Dues 350.00 0100 11210020 61500000 DR Printing 184.15 0100 11210020 61740000 DR Telephone 307.96 0100 11210020 61801000 DR Travel 159.82 Elections Administrator Reallocation of funds to cover for overa es in ex enditures in FY 16. VOL BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2016-2017 BUDGET YEAR NO. 16/17 1.1-1.20 On this the 4th day of October 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 R Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4th day of October 2016 the Court heard and approved a budget amendment for the 2016-2017 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessityto meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 6 September 2016, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4th day of October 2016. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By7 Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget P-1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 - 1.1 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2201 51000300 72680000 CR Security Services 30,000.00 2201 51000300 71025000 DR Contract Services 30,000.00 JP Security Fund Reallocation of funds to the correct account due to the deletion of 72680000 - Security Services in FY 17. BRA70S COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 1.2 10/4/2016 FUND DIV ACCT PROJ DRICR - ACCOUNTNAME Increase Decrease 3000 48047010 CR TXDOT - SW Plan & Research 60,000.00 3000 424300 72320000 DR En ineering Consulting 60,000.00 Statewide Plan and Research To set uv FY 17 bud et for the TXDOT - Statewide and Research grant - expenditures to be incurred for Engineering Consulting. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 -1.3 1 01412 01 6 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 34000100 73500000 CR Health & Human Serv. IGT 67,500.00 0100 34000100 73600000 DR Prenatal Care 67,500.00 Indigent Health Care To account Droperly for ex enditure in the Indigent Division for FY 17. v s i�+l 'r LS/ ;�a f nkv r nn�l Date + 7 9/23/20A"fi .BRAZOS COUNTY, TEXAS .BUDGET AMENDMENTS No. 16117.1.4 101412016 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase I Decrease 0100 11002000 73600000 CR Prenatal Care 67,500.00 0100 11001500 61130000 DR Contingency 67,500.00 Community Su ort and General Fund Coutin enc To move funds to General Fund Contingency. Prenatal are will be expensed out of the Indi ent Care Division in FY 17. Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17 - 1.5 10/412016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 60360000 CR Furniture 63,380.00 0100 11000500 67342000 DR Furniture 63,380.00 Non -Departmental Reallocation of funds to the correct account due to the deletion of 60360000 - Furniture for FY 17. I mil T-Eml PROJ Fin the correct account BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 -1.6 Vol. _ ._�Pg- J' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS. _.. No. 16/17-1.7 WILI OW FUND DIV ACCT PROJ JDRICR ACCOUNT NAME Increase Decrease 0100 36000100 71206600 CR Grease Trap 4,500.00 0100 36000100 71206000 DR Maintenance 4,500.00 Expo Reallocation of fiords to the correct account due to the deletion of 71206600 • Grease Trap Services for FY 17. a S ;,nORI p 33 E BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 -1.8 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 71206600 CR Grease Trap 675.00 0100 36500100 71206000 DR Maintenance 675.00 Brazos Center Reallocation of fiords to the correct account due to the deletion of 71206600 - Grease TraR Services for FY 17. flo te a '"`' 9 ZU I Val._ _ pg._�3�/ BRAZOS COUNTY, TEXAS BUDGET. AMENDMENTS No. 16/17.1.9 IT011 IrW FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 1100 11002500 72155000 CR Computer Consulting500.00 1100 11002500 71020000 DR Computer Contracts 500.00 HOT Funds Reallocation of funds to the correct account due to the deletion of 72155000 - Computer Consulting for FY 17. Vol. _ __. Pg,,✓� I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16/17. 1.10 1014/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 13000100 72680000 CR Security Services 420.00 0100 13000100 71025000 DR Contract Services 420.00 Tax Assessor/Collector Reallocation of funds to the correct account due to the deletion of 72630000 - Security Services for FY 17. ix y"_nnl - (Date .:'�9(2112D16 BRAZOS COUNTY, TEXAS _. BUDGET AMENDMENTS No. 16117 - 1.11 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 72680000 CR Securit Services 300.00 0100 14000100 7102 0000 DR Contract Services 300.00 Information Technology Reallocation of funds to the confcct account due to the deletion of 72680000 - Sectuity Services for FY 17. T r t '.nnm Date..,'^'. BRAZOS COUNTY, TEXAS _BUDGET. AMENDMENTS. No. 16117 - 1.12 M/anols FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 17000100 65300000 CR I Elevator Maintenance 35,000.00 0100 17000100 65510000CR Pest Control 20,000.00 0100 17000100 71206100 CR Boiler Licensing 1,500.00 0100 17000100 71206200 CR Ica etCleaning 20,000.00 0100 17000100 71206300 CR I Chiller Annual Services 18,000.00 0100 17000100 71206600 CR I Grease Trap Services 10,000.00 0100 17000100 71206900 CR Water Treatment Services 10,500.00 0100 17000100 72680000 CR Security Services 3,500.00 0100 17000100 71025000 DR Contract Services 3,500.00 0100 17000100 71206000 DR Maintenance 85,000.00 0100 17000100 71206700 DR HVAC Control Contracts 30,000.00 Facilities Services Reallocation of funds to the correct accounts due to the deletion of accounts For FY 17. ',,n rn _.. _. .___..... BRAZOS COUNTY, TEXAS -.BUDGET AMENDMENTS No. 16117 -1.13 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Com uter Hardware 966.00 0100 11000500 60500000 DR E ui ment & IT Enhancement 966.00 HNNon-Pepartmental Reallocation of funds to the correct accounts due to the price of the computer and monitor that was approved for the Bailiff in 361st District Court for FY 17. �ti QPdf<menf',4�f7rOV"i,w. , c iy95 {^•''k �u0_e R t�DatB. cr xth '..;l L nnm i' h 1 H y v Datey^"r4.i, .„'tc�-+0(21%2016 BRAZOS COUNTY, TEXAS . -.. —BUDGET -AMENDMENTS .-- No. 16117 - 1.14 1 01412 01 6 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11000500 53200000 CR Retirement 1,000,000.00 0100 11000500 53310100 DR Other Post -Em to entBenefits 1,000,000.00 Non -Departmental Reallocation of fonds to the correct accounts for FY 17 OPEB Other Post -Employment Benefits) payment. El n 91281201_6 �---•� p�161 BRAZOS COUNTY, TEXAS BUDGET -AMENDMENTS . .. No. 16/17 -1.15 10/4/2016 FUND DIV ACCT PROJ DRlCR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin— 6,000.00 0100 13000100 61880000 DR Utilities 6000-00 General Fund Continency and Tax Assessor/Collector Reallocation of funds to cover for additional cost for the increase in utilities in FY 17. Vol. --- %�� ._ F'g.� -- - — -J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 1.16 inmmn4n FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,767.00 0100 22200100 51300000 DR Sala - Staff 1,445.00 0100 22200100 53100000 DR Social Security 111.00 0100 22200100 53200000 DR Retirement 203.00 0100 22200100 53800000 DR Workers Comp 8.00 General Fund Coniingency and 361st District Court Reallocation of funds to cover for the Amended Order Determining Compensation of Court Reporters 23, 2016 in the District Clerks' s Office. that was signed and filed on August iinn8!2016 + " Vol- Pg.___ F BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 -1.17 iWenMa FUND DIVACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 307427.00 4500 63000500 80892800 DR Vehicles - SO 189,778.15 4500 63000500 80892820 DR Vehicles - Jail 45,609.54 4500 63000500 80893020 DR Vehicles - Constable Pct. #2 23,999.77 4500 63000500 80393030 DR Vehicles - Constable Pct. #3 23,999.77 4500 63000500 80893040 DR Vehicles - Constable Pct. #4 24,039.77 Geueral Capital Improvement Reallocation of funds to correct accounts to urchase atrol units for FY 17. i. i �^ I Vol. BRAZOS COUNTY, TEXAS -BUDGET AMENDMENTS _... ...._ .. .. No. 16/17 - 1.18 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67050000 CR Appliances 4,985.55 0100 36500100 67050000 DR Appliances 4,985.55 Non -Departmental and Brazos Center Reallocation of funds to correct division and account for the puchase of a replacement ice machine at the Brazos Center. 4 � e , -11.c,- Horn (Datear't /28/2096- VOL _ `�3 _. Pg.. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.16117 • 1.19 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 0100 11000500 67342000 CR Furniture 1 44,980.40 0100 36500100 67342000 DR Furniture 44,980.40 Non -Departmental and Brazos Center Reallocation of funds to correct division and account for the purchase of replacement banquet chairs at the Brazos Center. Dai to ,; a� .t;,,�9/2812018� VoL i� Pg, �'� BRAZOS COUNTY, TEXAS BUDGET.AMENDMENTS _. No. 16/17 - 1.20 10/4/2016 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3300 28050000 61130000 CR Contingency 3,900.00 3300 25050000 67010000 DR Donated Minor Property 3,900.00 Sheriff Department Crime Fund Funds donated to the Sheriffs Office Crime Fund by CHI that was approved by Commissioners Court on Se tember 27, 2016 for FY 17. i 4 : 3 �'<+nnm ---- -- Voi. _ Pg. <� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 04, 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 3615 District Court Kirby, Wendy Change of Status Brazos Center Burgess, Bo Franze, Kirby Pollock, Zachary Pollock, Zachary Spencer, Joanna Sustaita, Miguel Urso, Kylie Urso, Kylie Separation Employment Separation Employment Change of Status Change of Status Separation Employment 36 Constable, Precinct 3 Drake, Andrew Thomas Jones, Kim Employment Separation County Attorney Bull IV, Edward C. Change of Status Cagle, Corey Change of Status District Attorney Aguilar, Gracie Change of Status Assabill, Ekua Change of Status Baker, Brian Change of Status Brick, John Change of Status Calderon, William D. Change of Status Calvert, Ryan Change of Status Carrizales, Leticia Change of Status Carter, Melissa Change of Status Comte, Kara Change of Status Davenport, Tiffany Change of Status 1 Vol, �� _ Pg.�/% Graves, Tiffany Change of Status ----- Hebert, Jennifer Change of Status Howell, Douglas Change of Status Johnston, Lori Change of Status Johse, Michael Change of Status Kimbrough, Robert Change of Status McLemore, Philip Change of Status Ponzio, Kristie Change of Status Price, Brian Change of Status Sifuentez-Chavarria, Maritza Change of Status Silber, Greg Change of Status Swan, Misty Change of Status Wright, Darcie Change of Status Ybarra, Jackie Change of Status Zimmerman, Steve Change of Status District Attorney -CPS Griffin, Robert Change of Status District Att.-Crimes Against Women Escue, Jessica Change of Status Thomas, Angela Change of Status District Attorney -Victim Asst. Grant James, Amanda Change of Status District Clerk Anderson, Marsha Change of Status Higgins, Makayla Change of Status Limon, Victoria Change of Status Webster, Evelyn Change of Status Facilities Services Beltrand, Pamela Conde, Isaias Davis, Latracy Flores, Rosendo Grisham, Jeanine Joseph, Kyle Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status 2 - - -- ----- ---- - ._.. --Ledezma--Raul------- -Change rof--Status-.-..- Lucio, Maria Change of Status Maddox, Dennis Change of Status Mayo, Matt Change of Status Roach, Charles Change of Status Walle, Maria Change of Status Fleet Services Kemp, Joseph Reynolds, Zachary Separation Employment Information Technology Caldwell, Eric Change of Status Justice of the Peace, Pct. 1 McCleary, Michael Change of Status Juvenile Services -Detention Patel, Binal Change of Status Juvenile Services-TYC Parole Calzada-Sanchez, Sandra Change of Status Pre -Trial Bond Supervision Bowser, Ella Davis, William T. Change of Status Change of Status Sheriffs Office -Admin. Collins, Shantel Change of Status Sheriffs Office -Courthouse Security Hines, Scott Change of Status Tax Office Robles, Josephina Employment Approved in Commissioners' Court: October 04, 2016 County Judge's e's or Commissioner's Signature: \R� (This Copy to be attached to minutes) 3 Vol, _ �3— Pa.