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HomeMy WebLinkAbout2017-07-31 10:00AM REGULAR MEETING�D 'F`trt RECORD BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 31, 2017 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-23: 3. Presentation and approval of the Art For Life project planned for the Brazos County Expo Complex. 4. Resolution 17-017 directing the Tax Assessor -Collector on the breakdown of the $1.50 Child Safety Fee effective 10/1/2017. 5. Request for out-of-state travel for 361 st District Court Judge to attend the annual meeting of the American Bar Association in New York City, NY; dates of travel are August 9-13, 2017. 6. Request for Out of State Travel for Lieutenants McCarroll and Martinez to attend training in Las Vegas, NV; dates of travel are August 28 - 30, 2017. 7. Acceptance of donated property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. 8. Payment Authonzation to ProStar Inc. in the amount of $1543.38 for janitorial supplies, a purchase order was closed before invoices were paid. 9. Discuss and take possible action on a contract renewal with Nueces County for residential juvenile services. 10. Discuss and take possible action on a contract renewal with Flays County for short and E01. L-1 Pg. ��� long term juvenile residential services. 11. Approval of permission to advertise RFP 17-285, County Depository. 12. Approval of permission to advertise bid # 17-301 Extension of Mesa Verde. 13. Approval of contract # 18-043 with STL & Associates for appraisal of Forsthoff Road Widening. 14. Acceptance of Special Warranty Deed from Shannon Iverson and K. C. Iverson for 0.170 acre of land to be used for improvements to Stousland Road located in Precinct 1. 15. Acceptance of Special Warranty Deed from Winnie M. Brower for 0.193 acre of land to be used for improvements to Stousland Road located in Precinct 1, 16. Tax Refund Applications for the following: • a. John Roger Macek - Overpayment $13.93 • b. Premier Tank Truck Service -Overpayment $298.28 • c. Charles & Karen Hmcir- Overpayment $143.95 • d. Guadalupe S. Joyer- Overpayment $39.03 • e. Robert J. Lamond -Overpayment $77.42 17. Budget Amendments. Budget Amendments FY 16/17 44.1 -44.7 18. Presentation of the Brazos County Proposed Budget for Fiscal Year 2017-2018. 19. Establish the date and time for a Public Hearing on a Proposed Budget for Fiscal Year 2017-2018. 20. Proposal to Increase Tax Revenues. 21. Establish the date and times for two Public Hearings for a Tax Revenue Increase. 22. Personnel Change of Status. Personnel Action Forms 23. Payment of Claims. 24. Acknowledgement of the Investment Report for Quarter Ending 6/30/17. 25. Sheriffs report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns 28. Adjourn. PUBUC 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 crake 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 Teras Constitution..As a Consfltutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Teras local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither Is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence andior radial, ethnic or camber slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's tirne, 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 an deliberate or take action only if a matter has been listed or, an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. F-bwever, responses from the County Judge or Commissioners to unlisted public comment topics could 'become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court Will consider, the County Judge andior 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 fisted on a future agenda. See Teras Open Meetings Apt 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. Pb 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 Cour.. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is witeelchair accessible. Fiandicap parking spaces are available. Any request for Sion interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. —� �� pg. /%) MINUTES JULY 31, 2017 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 Monday, July 31, 2017 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley Commissioner Cauley led the prayer in Chaplain Jones' absence. 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-23: 3. Presentation and approval of the Art For Life project planned for the Brazos County Expo Complex. Val. v;Zj 5 � Pg _._/ � i Amy Salvaggio with The Arts Council presented the Court with the final art project proposal, including the suggested changes and requested approval so that the project could begin. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Resolution 17-017 directing the Tax Assessor -Collector on the breakdown of the $1.50 Child Safety Fee effective 10/1/2017. The Court voted unanimously to adopt Resolution 17-017 directing the Tax Assessor/Collector to deduct 10 percent for administrative costs from the revenue collected for the child safety fee and to divide the remaining funds between Brazos County, the City of Bryan and the City of College Station. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Request for out-of-state travel for 361 st District Court Judge to attend the annual meeting of the American Bar Association in New York City, NY; dates of travel are August 9-13, 2017. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Request for Out of State Travel for Lieutenants McCarroll and Martinez to attend training in Las Vegas, NV; dates of travel are August 28 - 30, 2017. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Acceptance of donated property of unclaimed clothing and miscellaneous property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Payment Authorization to ProStar Inc. in the amount of $1,543.38 forjanitorial supplies; a purchase order was closed before invoices were paid. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. ��5'� P9• / %% Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Discuss and take possible action on a contract renewal with Nueces County for residential juvenile services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Discuss and take possible action on a contract renewal with Hays County for short and long term juvenile residential services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Approval of permission to advertise RFP 17-285, County Depository. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Approval of permission to advertise bid # 17-301 Extension of Mesa Verde. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Approval of contract # 18-043 with STL & Associates for appraisal of Forsthoff Road Widening. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Acceptance of Special Warranty Deed from Shannon Iverson and K. C. Iverson for 0.170 acre of land to be used for improvements to Stousland Road located in Precinct Motion: , Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Acceptance of Special Warranty Deed from Winnie M. Brower for 0.193 acre of land to be used for improvements to Stousland Road located in Precinct 1. Pg. Vol. / 9� Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Tax Refund Applications for the following: • a. John Roger Macek -Overpayment $13.93 • b. Premier Tank Truck Service -Overpayment $298.28 • c. Charles & Karen Hrncir- Overpayment $143.95 • d. Guadalupe S. Joyer - Overpayment $39.03 • e. Robert J. Lamond -Overpayment $77.42 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Budget Amendments. Budget Amendments FY 16/17 44.1 -44.7 44.1 Transfer funds from General Capital Improvement Fund to Contingency Fund and Elections Administration. 44.2 Reallocate funds for Medical Services. 44.3 Reallocate funds for Information Technology. 44.4 Transferfunds from Non -Departmental to Emergency Management. 44.5 Reallocate funds for Tax Office. 44.6 Reallocate funds for Information Technology. 44.7 Transfer funds from General Capital Improvement Fund to Medical Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Presentation of the Brazos County Proposed Budget for Fiscal Year 2017-2018. Judge Peters presented the attached proposed budget for Fiscal Year 2018. 19. Establish the date and time for a Public Hearing on a Proposed Budget for Fiscal Year 2017-2018. The Court voted unanimously to establish the date and time for a public hearing on the proposed budget for Fiscal Year 2018 for August 22, 2017 at 1:30 p.m. in the Commissioners' Courtroom. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Proposal to Increase Tax Revenues. [Vol, .� �S� _ p9.. R� The Court voted unanimously to approve the proposal to increase tax revenues to the proposed rate of .485 per $100 evaluation for the 2017 tax year. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Establish the date and times for two Public Hearings for a Tax Revenue Increase. The Court voted unanimously to establish the dates and times for two (2) public hearings for a Tax Revenue Increase. They are as follows: Tuesday, August 22, 2017 at 1:45 p.m. in the Commissioners' Courtroom Tuesday, August 29, 2017 at 6:00 p.m. in the Commissioners' Courtroom Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. Payment of Claims. Claims 7157974-7158143 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 24. Acknowledgement of the Investment Report for Quarter Ending 6/30/17. The Court acknowledged receipt of the Investment Report for Quarter Ending June 30, 2017. 25. Sheriff's report on inmate population. Chief Deputy Jim Stewart stated there were 669 inmates in jail, 92 are female, 31 have electronic monitors and 12 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. There were no announcements. 27. Call for Citizen input and/or concerns There was no citizen's input. Vd. `iJ`� Pg. G (; 28. Adjourn. ----------------- The foregoing minutes of the Commissioners Court meeting held July 31, 2017 have been examined and are approved in open Court this W11) day of / vL 2017, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Sammy ata na Commissiql6er, Precinct 2 Commissioner, Precinct Attest Kar n McQueen County Clerk Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 / .,poi J��pg L4 Pg I of 2 BRAZOS COUNTY COMMISSIONER'S COURT J/at DAY OF , 201 AMS Name TIMMI vlle� I� . Organization (PLEASE PRINT) Cs l i M wau/7� f( Pg 2 of Z BRAZOS COUNTY COMMIS -SIGNER'S COURT di �- DAY OF , 20 7 /o 0 o Name (PLEASE PRINT) Alk" ULQ O FF -A) Sif -L-A Organization (PLEASE PRINT) o (4 LQ. Resolution WHEREAS, Brazos County approves annually the imposition of the optional Child Safety Fee up to $1.50 for a vehicle registered in Brazos County as provided by Texas Transportation Code 502.403; and WHEREAS, the Tax Assessor/Collector currently divides the revenue collected from this fee among Brazos County, City of Bryan, and City of College Station according to their population; and WHEREAS, the Texas Transportation Code 502.403(e) stipulates that a county imposing this fee county may deduct for administrative costs an amount of not more than 10 percent of the revenue it receives from the fee; and WHEREAS, Brazos County would like to begin deducting for administrative costs per 502.403(e) of the Texas Transportation Code; and WHEREAS, the Texas Transportation Code 502.403(e) further directs the county to send the remainder of the fee revenue to the municipalities in the county according to their population; and NOW, THEREFORE, BE IT RESOLVED BY the Commissioners Court of Brazos County, Texas that the county: I. Commissioners Court hereby directs the Tax Assessor/Collector to deduct 10 percent for administrative costs from the revenue collected for the child safety fee. 2. The Tax Assessor/Collector is further directed to split the remaining funds between Brazos County, City of Bryan, and City of College Station according to their population based on current Census data. 3. The effective date of this resolution is October 1, 2017. RESOLVED THIS 31' JUL 20 . Duane Peters, Count Commissioner Steve Aldrich Precinctl 77X;�A� Commiss' ter Nancy Berry Precinct 3 pg. G1 I �. I 17-017 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY (8 DONATION OF COUNTY PROPERTY Date: 07/21/17 ❑Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) ® Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: II Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. lu(1TW Model: Year. SNNIN k: ❑ Functional ❑ Non -Functional. Explain ifNon-Functional Additional Description/Information: Clothing, jewelery, electronics and other mist Items left leaving the Brazos County Detention Center. Estimated Value: Inmates Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on I Check the appropriate entity property estimated value orproperty being accepted: donated to: ❑ 61235000 (Donation - Other)* Government Entity: Brazos County Sheriffs Office ❑ 60010000 (No Asset Tag -Under S500) Organization Name ❑67010000(Minor Property -$500-54999) Other (Due to Statuatory ❑80010000 (Capital Property - Over $5000) requirements priorapproval Brazos County Sheriffs Office is required by Purchasing: Organization Name 'Donation —Other ro be used for funds donated M R,i . nc r .""M for use nrn ........... e a I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Office / K� &I - �Deepartment Name e / Authorized Signature / Organization Receiving Donated Property: � "'e 44, Authorized Signature roved by Co art on this�day of mmissioners Court Approval Vot. �'a Pg. J G. 0 CONTRACT AND AGREEMENT FOR POST ADJUDICATION SERVICES OF JUVENILE OFFENDERS STATE OF TEXAS COUNTY OF NUECES NUECES COUNTY JUVENILE BOARD NUECES COUNTY ROBERT BARNES FACILITY RESIDENTIAL SERVICES September 1, 2017 — August 31, 2018 This Agreement is entered into by and between Nueces County Juvenile Board, at the request of and on behalf of the Nueces County Juvenile Probation Department (collectively referred to as "Service Provider") and Brazos County Juvenile Probation Department (referred to as "Juvenile Probation") concerning residential care services provided at the Robert N. Barnes Regional Juvenile Facility by the Nueces County Juvenile Department pursuant to license granted by the Texas Juvenile Justice Department, and/or any other appropriate State agency with licensure or regulatory authority over the facility. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized operated by Service Provider, and is located at 2310 Gollihar Road, Corpus Christi, Texas 78415. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing September 1, 2017 and ending August 31, 2018, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to end this Agreement. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 1 of 15 Vol. rJr Pg. G ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: A. Moderate Level of Care: I. Frequent or repetitive minor problems in one or more areas; may engage in non-violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or 2. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. B. Specialized Level of Care: Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24-hour supervision by multiple staff in limited access setting. 3.02 Service Provider will perform the following services: A. Medical Services: The program contracts the services of a general practitioner who provides routine medical care to the residents three (3) times a week. The general practitioner will refer residents for emergency and/or specialized care to Driscoll Children's Hospital, X -Ray on Wheels, Minor/Major Emergency Clinics, and La Costa Dental on an as needed basis. The doctor is on-call 24 hours per day, seven days a week, for the treatment of acute illness or injury. Emergency cases will be transported to Driscoll Children's Hospital via Corpus Christi Emergency Medical Services (EMS) ambulance. B. Educational Services: The resident will be enrolled in the Corpus Christi Independent School District (CCISD). CCISD follows a state approved curriculum for middle school and high school to meet each student's academic needs. The students can supplement their academic leaming by means of computer-based education programs which are available in the facility's computer lab. 1. Resident will be enrolled in CCISD upon intake and will be placed in the appropriate grade level 2. Special Education Services are available and provided on-site by certified teachers 3. Remedial help will be available for those residents who fall into special needs category 4. No less than 5 1/2 hours of educational services will be provided (5) days a week. (Exceptions and holidays are annotated on the CCISD School Calendar) BRAZOS COUNTY RESIDENTIAL CONTRACT Page 2 of 15 C. GED Preparation Program: CCISD also provides the GED Preparation Program to residents 16 years old and older. The GED program is facilitated onsite and when the student is ready, the program will pay for the resident to take their GED test. Facility staff will transport the resident to the Del Mar Community College Testing Center. Final GED test results can be obtained within 24 hours. D. Religious Services: Non -denominational services are provided for each resident on a volunteer basis. These services include pastoral counseling, church services, bible study, moral and ethical instruction, and other religious functions and activities E. Volunteer and Internship Services: Volunteer services, as well as college internship programs within the community support the Robert N. Barnes Regional Juvenile Facility Program. These volunteers can perform hours of service, support, counseling, and educational care for the residents in order to supplement the entire program. All volunteers go through an application process, a P.R.E.A. background screening and orientation via the Volunteer Services Program. F. Mentoring: All mentors go through an application process, a P.R.E.A, background screening and orientation via the Volunteer Services Program. Residents may submit a written request for a mentor. The mentor serves various functions, but is most effective when providing an empathetic ear for the resident. G. Rine of Champions: The Ring of Champions is a faith -based program offering youth incarcerated by the juvenile courts the opportunity to begin a long-term mentoring relationship with an adult they can trust. H. Family Counseling Service (Anger Management): The counselors facilitate Aggression Control Groups which teach juveniles how to manage aggression and resolve their anger in healthy ways. The group introduces and teaches nine anger management skills. The group facilitator utilizes confidentiality to establish rapport and to obtain honesty and realistic feedback from the juvenile offenders. Rapport assists the facilitator to help the residents examine their thoughts, feelings, choices, goals and the outcomes of their behaviors. Thinking errors are brought into sharp focus and assistance in identifying healthy ways to avoid anger and skills in resolving anger are stressed. The goals of Anger Management Skills Training are as follows: Increase self-awareness • Identify situations, feelings, people, or thoughts that provoke undesirable anger Prepare and practice effective responses to anger provoking situations • Recognize thinking errors and substitute rational thinking Change demanding or unreasonable expectations of others and of self Utilize relaxation techniques Learn problem solving skills • Improve communication skills • Apply empathy • Develop affirmation skills 1. Council on Alcohol & Drug Abuse of the Coastal Bend (COADA-CBI: Provides individual & group counseling in the areas of prevention, intervention and treatment for alcohol and drug abuse. COADA-CB utilizes two separate curriculums, The Matrix Model for Teens and Young Adults, often referred to as "The Matrix" and the Cannabis Youth Treatment Series (C.Y.T.): BRAZOS COUNTY RESIDENTIAL CONTRACT Page 3 of 15 FZa2 SJ pg- ?_2 o a. The Matrix: Abstain from or decrease alcohol or other drug use Understand addiction and relapse Learn relapse prevention skills Develop pro -social behaviors b. The Cannabis Youth Treatment Series: follows the MET/CBTS Treatment sequence: Motivational Enhancement Therapy (MET)/Cognitive Behavioral Therapy (CBT) in five sessions: • Session 1 (MET) — Individuals focus on "Rapport and motivation building" and "Review of personalized feedback reports" • Session 2 (MET) — Individuals focus on "Goal setting", "Introduction to functional analysis" and "Preparation for group sessions" • Session 3 (CBT) — Groups learn "Marijuana refusal skills" (with role-play practice exercises) • Session 4 (CBT) — Groups learn "Enhancing social support network" and "Increasing pleasant activities" • Session 5 (CBT) — Groups learn`Coping with unanticipated high- risk situations and relapses" Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone). K. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent or guardian. L. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shall be submitted to the Juvenile Probation Department within ten (10) working days. M. Ensure that the child's parent(s) or legal guardian(s) and the Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. 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. N. Provide to the Juvenile Probation Department a written Individualized Treatment/Case Pian developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days from date of initial disposition. Said individualized Treatment/Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 4 of 15 von. 2s5L Q9. �L6_ O. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. P. Maintain copies of the original Individualized Program Plan and the periodic reviews. Q. Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report R. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. S. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. T. Any and all medical, dental, psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation or health insurance. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the six (6) months following release from residential placement. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 5 of 15 B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re -referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re -referrals within six (6) months after release. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the Service Provider the daily rate per day for each juvenile admitted for the following Level of Care: A. Moderate Level of Care $103.03 B. Specialized Level of Care $162.30 The daily rate shall be paid to the Service Provider from the initial intake date to the Post Adjudication through the date prior to the exit date. There will be no charge on day of exit. 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the Probation Department. The initial psychiatric/psychological evaluation for admission is required prior to acceptance into the program that has been conducted in within the last 12 months. 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Department on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 6 of 15 Vol. C 5J� Pg.. / .? 5.04 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of outside treatment within twenty-four (24) hours of its occurrence. The Juvenile Probation Department shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post -Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. Notwithstanding the foregoing, the Service Provider will endeavor to seek and obtain all benefits available from other sources for eligible juveniles. Any income received by Service Provider from sources other than this contract, including but not limited to medical insurance coverage, or contributions from parents or others must be documented as to each juvenile for whom a billing is submitted and deducted from the invoice submitted to the Juvenile Probation Department. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 7 of 15 LV ol. Pg. 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMEN'TS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of the County and other documentation required by Service Provider. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department of this determination. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally detained the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of Brazos County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Nueces County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 8 of 15 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.10 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will 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. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years retention period after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 9 of 15 Vol.`!�� pg.�J ARTICLE IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time the allegation is made; 9.02 Attempted Suicides: All attempted suicides shall be reported by Service Provider immediately, if possible, or within (24) hours; 9.03 All incidents of death, sexual abuse and serious physical abuse within I -hour to law enforcement and Texas Juvenile Justice Department within 4 -hours; Reported to the following: A. Local law enforcement agency (such as the Nueces County Sheriffs Office); B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823-4211 (Attn: Chief Juvenile Probation Officer). ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct 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, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and BRAZOS COUNTY RESIDENTIAL CONTRACT Page 10 of 15 Vol. .�T Pg. �� /� 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 XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrintnation. (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. 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 XfV 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 RESIDENTIAL CON TRACT Page 11 of 15 ol. f _ Pg _e 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 address. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. 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. 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. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. ARTICLE XV TERMINATION 15.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery of its intention to terminated: A. By thirty (30) days from the date of the of the intention to terminate; or B. Upon expenditure of available funds. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 12 of 15 Vol. ���� Pg. 0� 1 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Nueces County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Nueces County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it holds all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Nueces or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation and the indemnity provisions, as well as for any potential liability that arise form or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 13 of 15 Vol. pg. 'z J% ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Nueces County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by the county for the children placed in the Facility by the Judge of the county having juvenile jurisdiction. ARTICLE XXHI PRISON RAPE ELIMINATION ACT 23.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to the Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders [PREA§ 1 15.312(a)]. Under PREA, Service Provider shall make available to the CPO all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30" [PREA § 115.87E and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with the PREA standards [PREA § 115.312 (b)]. To comply with this standard, the Service Provider will make available to the CPO all incident -based aggregated sexual abuse data within 24 -hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§ 115.389(b)]. BRAZOS COUNTY RESIDENTIAL CONTRACT Page 14 of 15 VOL � Pg. X21 ;24 BRAZOS COUNTY COMMISSIONERS COURT ON J u, t� ;1 20 FULLY EXECUTED IN DUPLICATE, EAUH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: , Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 -I I 3i 1 Date EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the ZL day of 12017. NUECES COUNTY JUVENILE PROBATION DEPARTMENT Honorable Timoi Nueces County J County Court at I McCoy, Chairman Homer Flores nile Board Director/Chief Juvenile Probation Officer v No. 5 Juvenile Probation Department BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT C� Chairman, Juvenile Board Chief Juvenile Probation Officer BRAZOS COUNTY RESIDENTIAL CONTRACT Page 15 of 15 Vol. �5�� pg. Zo2 STATE OF TEXAS COUNTY OF IIAYS 10 CONTRACT AND AGREEMENT FOR SECURE LONG-TERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD, hereinafter referred to as the Service Provider, and the County of BRAZOS, hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the I" day of September, 2017, through the 31" day of August, 2018 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, thep lacing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas.Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre-trial and pre-dispositional status or in the post- dispositional treatment prescribed by the Court; and Whereas, Service Provider desires to make the facility available to the placing County for such use and purposes and the Service Provider desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: I. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of "Termination is received by the other party. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. J: vol. P9. �3 II. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay Service Provider the sum of 5100.00 per day for each space utilized in Detention services. The placing County agrees to pay Service Provider the sum of $110.00 per day for each space utilized in the General Offender program. The placing County agrees to pay Service Provider the sum of 5162.00 per day for each space utilized in: SPRinG program, Juvenile Intensive Treatment Program (JITP), Mental Health Program (MH) and the Sex Offender Residential Treatment program (SORT). The daily cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. The Service Provider may at its discretion, or upon recommendation of the Hays County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. In addition to the rate agreed upon between the two parties, the placing County shall either make arrangements to pay, or reimburse the Service Provider for expenditures made, for medical care and dental care for children placed if: (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being incurred. If emergency examination, treatment and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE Service Provider agrees to provide a space, if available, at the time that the placing County requests the space. Service Provider will provide a copy of the visitation/phone contact schedule with this contract and the placing County shall provide a copy to a resident's parent/guardian/legal custodian. Service Provider will provide room and board, twenty-four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well-being of the child, and in long-term to enhance the child's functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child/Family Case Plan. 2 - Vol. Pg. IV. ADMISSION AND DISCI3ARGE Prior to transporting a child to the facility for short term -placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long-term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post -adjudication paperwork as stipulated by Texas Juvenile Justice Department standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the placing County of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least (10) calendar days notice before discharging a child except when the child is a danger to self or others. Service Provider agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardians, custodians, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged there from without: (a) Receipt of the Order signed by the Judges having juvenilejurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by the parties hereto that children placed in pre - adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized by the -3- 11od. p _g Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. It is further understood and agreed by the parties hereto that nothing in this contract shall be. construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that posses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN Each child placed in long-term shall have a written Individualized Treatment Plan (ITP) -4- I developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, as applicable, and/or appropriate placing county personnel within thirty (30) days of placement. The ITP shall complement the Child/Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Justice Department standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The ITP may contain, but not be limited to the following: the reasons why the placement will benefit the child; specify behavioral goals and objectives being sought for the child; state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's/objectives contained in the ITP on a monthly basis. These reports are.to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (f) Aftercare goals. VII. PERFORMANCE MEASURES Goals The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential. This development will be through provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: -5- • Average length of stay of children in each program. • Average daily population of children in each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County may be performed by using the following outcome measures: Y 80% of youth successfully completing the program. • 80% of youth report improved family communication/functioning while in placement. Y 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least % educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION Service Provider will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as may be requested by the placing County. Service Provider will In -& [Vol . 0?�5� p9, _ make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U. S. Department of Justice, the Texas Juvenile Justice Department, and the State of Texas and/or their duly authorized representatives. Service Provider will maintain the records (as referenced above) for seven (7) years after the final payment, or until any audit of the program, has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. Service Provider shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on-site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts or omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) -7- 1/®l. oZS pg. working days after being notified of such claim, demand, suit or other action or the threat thereof. XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughout the term of this agreement covering, among other matters that the placing County shall desire, any and all damages and/or claims that might arise out of the placement of county children. Such insurance shall include, but not be limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition. The Service Provider shall comply with minimum standards as put forth by the Texas Juvenile Justice Department at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIII. ACKNOWLEDGEMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. The parties acknowledge and agree that the Service Provider is under no obligation to N accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. XIV. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. XVI. PRISON RAPE ELIMINATION ACT OF 2003 The Service Provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provisions of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The Service Provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR § 115) standards and shall permit the placing County to monitor its facility and records as necessary to ensure that the Service Provider is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall provide to the placing County all incident -based aggregate date reports for every allegation of sexual abuse or Vd. oZJ�Jf Pg.J�/ sexual harassment and all such data that may be requested by the Department of Justice from the previous calendar year no later than June 30 (§ 115.3 87 (f)) and the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence. The Service Provider shall report to the placing county in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. THIS CONTRACT AND AGREEMENT is made by and between the parties hereof, it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu of all previous contracts or agreements by and between Service Provider and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract become effective. J Executed this the 1� day of (�� ,201 20 eacheopyhereof shall be considered an original copy for all pur oses. Rob ¢ Upd grove Chaff , ays County Juvenile Board Hays County Justice Center, Room 177 San Marcos, Texas 78666 Brett Littlejohn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 Official Authorized to Sign nC'0OL V Printed N ee Title: 5A L'— l )TN Q e LINTY Official Authorized to Sign Printed Name Tit1e��V�r���2 V'>OctC � t^mC1✓1 COUNTY -10- d04. _.5� BRAZOS COUNTY COMMISSIONERS COURT ON J,20 FULLY EXECUTED IN DUPLICATE, EACH WHICH SHALL HAVE THE ULL FORCE AND EFFECT OF AN ORIGINAL. By: � Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 7 3f l Date Vol. sS P9. � 13 AGREEMENT BE, COUNTY AND APPRAISER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 1st day of August, 2017. Between the COUNTY: BRA7_OS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the APPRAISER: Steve Lovett 3&vo LoV6,Ts L"e toltc-ht' ST[mt4 `LX -7-78V-9-- for -78SFS for the following PROJECT: Conduct a market value appraisal of 6 parcels of land along Forsthoff Rd. The COUNTY and APPRAISER agree as set forth below. ARTICLE I APPRAISER'S RESPONSIBILITY 1.1 APPRAISER'S SERVICE 1.1.1 The APPRAISER'S services consist of those services performed by the APPRAISER, APPRAISER'S employees and the APPRAISER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The APPRAISER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The APPRAISER shall submit for the COUNTY'S approval a schedule for the performance of the APPRAISER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jruisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the APPRAISER or the COUNTY. Vol. ;J—J, pg. �,J ARTICLE II SCOPE OF APPRAISER'S BASIC SERVICES 2.1 DEFINITION 2:1.1 The APPRAISER'S Basic Services consist of conducting a market value appraisal of 6 parcels of land along Forsthoff Rd. ARTICLE III ADDITIONAL SERVICES DELETED INTENTIONALLY ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project. 4.2 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the APPRAISER in order to avoid unreasonable delay in the orderly and sequential progress of the APPRAISER'S service. 4.3 The COUNTY shall give prompt written notice to the APPRAISER if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the APPRAISER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the APPRAISER. 4.5 The proposed language of certificates or certifications requested of the APPRAISER or the APPRAISER'S consultants shall be submitted to the APPRAISER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE V INTENTIONALLY DELETED. ARTICLE VI USE OF APPRAISER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of documents prepared pursuant to this Agreement by the APPRAISER with the same force and effect as if the COUNTY prepared same. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the APPRAISER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the APPRAISER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the APPRAISER may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the APPRAISER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 In the event of termination that is not the fault of the APPRAISER, the APPRAISER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. 7.6 APPRAISER shall bill and collect all fees and costs for 6 parcels of land on Forsthoff Rd.; however, APPRAISER acknowledges that COUNTY is the client and all privity of contract exists between APPRAISER and COUNTY, and no third parties. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the APPRAISER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the APPRAISER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the APPRAISER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the APPRAISER. A ."—tRrhvrrn r� "u wand APPR A I SPR I ��. ,x .5.5 Pg. of 8.5 Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the COUNTY or the APPRAISER. 8.6 COMPLIANCE AND STANDARDS. The APPRAISER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the APPRAISER'S performance. 8.7 INDEMNIFICATION: APPRAISER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the APPRAISER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the APPRAISER, or of any person employed by the APPRAISER. The APPRAISER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the APPRAISER, its agents or employees. ARTICLE IX PAYMENTS TO THE APPRAISER 9.1 APPRAISER SHALL INVOICE FOR ALL SERVICES, COSTS AND FEES ASSOCIATED WITH THE PROJECT. ARTICLE X OTHER CONDITIONS OR SERVICES 10.1 INSURANCE 10.1.1 The APPRAISER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self-insured. Such Certificate shall bear the endorsement 'blot to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The APPRAISER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 10.1.2 The APPRAISER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The APPRAISER shall . deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the APPRAISER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the APPRAISER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. This Agreement entered into as of the•day-and-year-first-written.abave.—_._,. r Aueement Between County and APPRAISER V r4 3 �V Page 4 of 1 4 The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each parry hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk APPRAISAL FIRM by: Steve Lovett Principal Aemement Between County and APPRAISER va• - r! Page 5 of 5 � z ST.LAE:4 &ASSOCIATES �»' � ^^� Ma__ APPRAISALS. BROKERAGE & RIGHT-OF-WAY ACQUISITIONS Wednesday, July 12th, 2017 Mr. Darrell Kolwes Via Email Land Agent Brazos County 2716 State Highway 21 West Bryan, Texas 77803 Re: Forsthoff Road widening project, Brazos County, Texas Dear Mr. Kolwes: Upon your authorization, I will prepare appraisals on six (6) parcels of land located along Forsthoff Road. The purpose of each appraisal will be to estimate the total compensation due the property owners for the fee rights to be acquired by Brazos County. The compensation estimate will also include the cost to re -fence the new right-of-way. You will be the client and intended user. Each appraisal will be an independent estimate of market value; and, the payment of the fee shall not be contingent upon any value estimate reported. Each appraisal will be prepared in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). It is understood the fee for each appraisal will be $2,250, and will be due upon delivery of three copies of the report addressed to you. Delivery of the appraisals will be on or before September 15th, 2017. Thank you for the opportunity to be of service. Sincerely yours, 5 PNv* .;4,OYM—T Steve Lovett State Certified General Real Estate Appraiser Certificate Na. TX -1322517-G Ar Duane Peters4�f Date l County Judge 3600 Lovett Lane, College Station, Texas 77845 • .ele3.79 77-4-B9 3 • Fax: 979.774.7133 • Email: stevelovett@verizon.net Vd. Pg. CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. & T. Lovett & Associates College Station, TX United States Name of governmental entityor state agency that is a party to the contract for which the form is being filed. Brazos County, Texas FORM 1295 loft OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-241345 Filed: Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 18-043 Conduct a market value appraisal of 6 parcels of land along Forsthoff Rd. Nature of inter q I City, State, Country (place of business) ^^ (check applica Name of Interested Parry ,. rnte 6 AFFIDAVIT AFFIX NOTARY STAMP ! SEAL ABOVE I swear, or atfirm, under penalty of perjury, that the above disclosure is true and correct. Sworntoand subscribed before me, by the s _ 9.6\ `ic•:•_ 20 (/ _, to certify which, witness my hand and seal of office. name of Vol.c'/ -3—P g.C BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road ,& Bridge MEETING DATE: July 31, 2017 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from Shannon Iverson and K. C. Iver 0.170 acre of land to be used for improvements to Stousland Road located in Pre--- The re- The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement SUBMITTED BY: ACKNOWLEDGED BY: (Q"'Sb .' Darrell W. Kolwes Right of Way Agent Steve Aldrich Commissioner Precinct 1 This request is PROVED / ❑ DENIED by Commissioners' Coin Duane Peters, County Judge DATE: e vor. _�S Pg. �1 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 Stousland Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): SHANNON IVERSON and K. C. IVERSON Grantor's Mailing Address: 5305 Wade Road College Station, Texas 77845-6918 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and Nol100 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 0.170 of one acre of land situated in the SAMUEL DAVIDSON SURVEY, Abstract No. 11, Brazos County, Texas and being a part of that certain called 6.23 acre tract as described in deed from Kathryn Ann Cahill and Cannon Cahill to Shannon Iverson and K. C. Iverson, recorded in Volume 8376, Page 164 of the Official Records of Brazos County, Texas, said 0.170 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. Vol.5� Pg. __----------.-... _...._� 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 still 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 bold 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 2D day of IL , 2017. Shannon Iverson K. C. Acknowledgment STATE OF TEXAS t•7t^�Y� § COUNTY OF �j This instrument was acknowledged before me on and K. C. Iverson. w• b DARRELL W KOLWES My Commission Expires July 23, 2018 by Shannon Iverson (�:Q.AL�,7U- Notary Public, State ofTexas EXHIBIT " A " SHEET 1 OF 2 FIELD NOTES BRAZOS COUNTY STRAUS ROAD WIDENING 0.170 OF ONE ACRE OUT OF THE SHANNON IVERSON & K. C. IVERSON CALLED 6.23 ACRE TRACT VOLUME 8376, PAGE 164 J. C. STUTEVILLE LEAGUE, A — 216 AUGUST 30, 2016 REVISED; OCTOBER 31, 2016 All that certain lot, tract or parcel of land being 0.170 of one acre situated in the J. C. STUTEVILLE LEAGUE, Abstract No. 216, Brazos County, and being a part of that certain Called 6.23 acre tract as described in deed from Kathryn Ann Cahill and Cannon Cahill to Shannon Iverson and K. C. Iverson of record in Volume 8376, Page 164, Official Records of Brazos County, Texas, said 0.170 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a X -tie found for the most southerly corner, said corner being the Occupied south corner of said Called 6.23 acre tract, said corner also being located in the northeast right of way line of Stcusland Road; THENCE N 31 ° 00'44 " W, along the southwest line of said Called 6.23 acre tract and the northeast line of Stousland Road a distance of 568.49 feet to a point for angle point; THENCE N 16 ° 20' 18 " W, continuing along the southwest line of said Called 6.23 acre tract and the northeast line of Stousland Road a distance of 46.46 feet to a point for the most northwesterly corner, said corner being a northwest corner of said Called 6.23 acre tract, said corner also being located in the southeast right of way line of Wade Road; THENCE N 41 ° 50 ' 37 " E, along the northwest line of said Called 6.23 acre tract and the southeast line of Wade Road a distance of 4.39 feet to a 112" Iron Rod with Cap set for the most northerly corner, a 5/8" Iron Rod found for the Occupied north corner of said Called 6.23 acre tract bears N 41 ° 50 ' 37 " E a distance of 415.24 feet; THENCE S 29 ° 01 '44 " E, across said Called 6.23 acre tract a distance of 51.14 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE S 30 ° 37' 07 " E, continuing across said Called 6.23 acre tract a distance of 563.90 feet to a 1/2" Iron Rod with Cap set for the most easterly corner, said corner being located in the southeast line of said' Called 6.23 acre tract, a Fad found for the Occupied east corner of said Called 6.23 acre tract bears N 60 ° 27 ' 57 " E a distance of 379.34 feet; THENCE S 60 ° 27'57 " W, along the southeast line of said Called 6.23 acre tract a distance of 10.33 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.170 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during April, 2016, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and doing business as FIRM No. 10093500. North Orientation is based on rotating the southwest line of said Called 6.23 acre tract to Grid North NAD83 (2011) epoch 2010.00 Texas Central Zone by utilizing GPS Methods. For othe tion, see accompanying plat. 6F� d� 4 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Stousland Road Project: R1-220 W.O. No.: 33414 Precinct: I (we) the undersigned owner(s), accept payment of $16,500.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.170 acre of property located on above mentioned project. Shannon Iverson T Date: 1�' r* Date: / z— Vol.. pg. DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge July 31, 2017 Right -of -Way Acquisition 15 Acceptance of Special Warranty Deed from Winnie M. Brower for 0.193 acre of land to be used for improvements to Stousland Road located in Precinct 1. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement SUBMITTED BY: ACKNOWLEDGED BY: Q��&J�74L-- Darrell W. Kolwes Right of Way Agent Steve Aldrich Commissioner Precinct 1 This request is ZAPPROVED / D DENIED by Commissioners' Court Duane Peters, Cou1nty Judge DATE: -7 �J1 I ti Vol.J __ P p�(� 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 Stous land Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): WINNIE M. BROWER, a single person Grantors Mailing Address: 5328 Stousland Road College Station, Texas 77845-6925 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars (510.00) 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 0.193 of one acre of land situated in the SAMUEL DAVIDSON SURVEY, Abstract No.13, Brazos County, Texas and being apart of that certain called 13.25 acre tract as described in deed from Robin M. Brower to Winnie M. Brower, recorded in Volume 6193, Page 133 of the Official Records of Brazos County, Texas, said 0.193 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. Va. ,-,,25.1 P9. a �/� 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 still 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 any wise 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. T Executed this a day of `�/ 12017. �nie M. Brower vel. Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on -7 — � — a d by Winnie M. Brower. My COM C W n LWES (0a" n —�7af' 1, EgUe My Coins 212018 res Notary Public, State ofTexas July 23.2078 EXHIBIT " A " SHEET 1 OF 2 FIELD NOTES BRAZOS COUNTY STRAUB ROAD WIDENING 0.193 OF ONE ACRE OUT OF THE WINNIE M. BROWER CALLED 13.25 ACRE TRACT VOLUME 6193, PAGE 133 SAMUEL DAVIDSON LEAGUE, A-13 AUGUST 8, 2016 All that certain lot, tract or parcel of land being 0.193 of one acre situated in the SAMUEL DAVIDSON LEAGUE, Abstract No. 13, Brazos County, Texas and being a part of that certain Called 13,25 acre tract as described in deed from Robin M. Brower to Winnie M. Brower of record in Volume 6193, Page 133, Official Records of Brazos County, Texas, said 0.193 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod found for the most northerly corner, said corner being the most northerly corner of said Called 13.25 Acre Tract, said corner being the most easterly corner of the Called 6.52 Acre Tract as described in Volume 991, Page 531, said corner being located in the Occupied southwest line of Stousland Road; THENCE S 29 ° 27 ' 37 " E, a distance of 410.00 feet to a point for the most easterly corner, said corner being the most easterly corner of said Called 13.25 acre tract, said corner also being the most northerly corner of the Charles Terry Jr. Called 12.44 Acre Tract as described in Volume 1196, Page 681; THENCE S 41 ° 32'23'W, along the southeast line of said Called 13.25 Acre Tract and the northwest line of said Called 12.44 acre tract a distance of 24.48 feet to a 1/2" Iron Rod with Cap set for the most southerly corner, a 1/2" Iron Rod found for the most southerly corner of said Called 13.25 acre tract bears S 41 ° 32'23 " W a distance of 1418.38 feet; THENCE N 29 ° 01 '44 " W, a distance of 40.31 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 28 ° 39' 28 " W, a distance of 371.52 feet to a 1/2" Iron Rod with Cap set for the most westerly corner, a calculated point for interior corner of said Called 13.25 Acre Tract bears S 41 ° 14 '24 " W a distance of 502.00 feet; THENCE N 41 ° 14'24 " E, along the northwest line of said Called 13.25 acre tract and the southeast line of said Called 6.52 acre tract a distance of 18.69 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.193 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during April, 2016, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No, 4961 and doing business as FIRM No. 10093500. North Orientation is based on rotating the northeast line of said Called 13.25 acre tract to Grid North NAD83 (2011) epoch 2010.00 Texas Central Zone by utilizing GPS Methods. For other information, see accompanying plat. NOTES: 1722 lrroadmoo, Suite 105 North Orientation Is based an raleling theC TRONG Bryan, Texas 77802 northeast line of the Called 13.25 Acro Real to J URVEYING Phone: (979) 776-9036 Grid North NAD031201p epoch2010.00 by utilizing Fax (979) 731.0096 GPS methods. Ann Na 10093500 email: curfise Fax (79) 73ng.mm • Indicates 1/2 Iron Rod will) Cap sat. nd. 1/2" Iron Slousland Road O.OS4 Ac Outside of Fence 41.32'23' W 24.40' Rad svllh Cap Fed. 1/2' Iron Rad IPasslble Proscriptive No Deed Faunal 5 29'27'37' E 410.00' S 29'01'21" E 225.70' 0.139 AG Inside of Fence 5 29'OI'4M1" E 487.10' N 20.39'2tl' 1V ZI2.65' N 28.39'28" W- 371.52- N 41'14'24' E 18.69' N 29'01'44' W 40.31' Ch a rlos C. Terry. rr. B O Elicited 1 A. Terry o0 Called 12.44 A. - '30 a. Roper, Dorrell Thomas a �' d' 1196/681 v n Winnie Id. Grower Jaweli Dean Thomas w f o f — Called 1325 Ac. 5 41.32'23" W 1416.38' Called. 6.62 Ac. n N� 6193/133 (Coli S 43'14'09" W 1443.26' F. 1/2" 991/531 _ Iron Rod I. H. Curtis Strang. Roglsteree Professional Land Surveyor No. 4961 do hereby carlify Gial the above plat represents the rosulls of on an the ground survey performed under my supervision during the month of April, 2016• and Is true and correct to the boat of my knowledge. BRAZOS COUNTY STRAUB ROAD R.O.W. WIDENR 0.193 OF ONE ACRE BEING A PART OF THE WINNIE M. BROWER CALLED 13.25 ACRE TRACT VOLUME 6193, PAGE 133 SAMUEL DAVIDSON SURVEY, A•1: SCALE 1"=50' AUGUST 8, 2011 PAGE 2 OF 2 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Stousland Road Project: R1-220 W.O. No.: 33414 Precinct: 1 I (we) the undersigned owner(s), accept payment of $12,293.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.193 acre of property located on above mentioned project. wl'unie M. growee Date: 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2016-2017 BUDGET YEAR NO, 16/17 44.1— 44.7 On this the 31st day of July 2017 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. lima Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 31 st day of July 2017 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 necessity to 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 31st day of July 2017. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget . �? Vol. S_5... Pg 5?L: BRA70S COUNTY, TEXAS BUDGET AMENDMENTS No.16117 - 44.1 DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Pmnanent Improv. pGena.1 Fund Ca ital Proects Ca ital Outla 61035.43 G Other FinancingSources General hod Other Financing Sources General Fund Commissioncts Court Contin eat De anmentai Su ort General Fund Elections Administrator Minor Ac uisidans 61035.43 6l D35,43 34 000.00 27035.43 FUND 4500 4500 0100 0100 0100 DIV 63210020 11001500 11210020 ACCT 80/00000CR 91700000 49015000 61130000 67342000 DRICR DR CR DR DR ACCOUNTNAME Eluted Clinic Renovnm Transfer to General Fund Transfer fm Cap. Im. Fund Contingency Fumirerc Increase 61 035.43 6l 035.43 34.000.00 27,035.43 Decrease 61035.43 General Cn ital Projects. Commissioner's Court and Elections Administrator Reallocation of funds to the appropriate accounts to purchase fumimre, for the Elections Office and to replace funds in the General Fund Contingency for Budge[ Amendment 43.4 in the amount of S34,000. Bud et Amendment 43.4 was ao roved JUIX 25.2017 to purchase SclmluEi, 822liances and furniture for the Medical Clinic. F6f'ACc. am n�PUf�5e9 OniJ$,: _.: d��l,, ,,, ,H ..:...l.:t!!� '( ):fit. ,uhf.. E' 1 y'..• p{y R.� 32.ye1 K'4 "Cy Z- f"AYJ'IS FUND 4500 4500 0100 0100 0100 DIV 63210020 11001500 11210020 ACCT 80/00000CR 91700000 49015000 61130000 67342000 DRICR DR CR DR DR ACCOUNTNAME Eluted Clinic Renovnm Transfer to General Fund Transfer fm Cap. Im. Fund Contingency Fumirerc Increase 61 035.43 6l 035.43 34.000.00 27,035.43 Decrease 61035.43 x/01. �SJ� Pg.2 5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117.44.2 FUND Healdi & Life Fund Health & Wi Fund DEPARTMENT Health&Life Fund Health & Life Fund DIVISION Medical Services Medical Scrim CATEGORYDESCRIPTION Increase Decrease Minor Ac uisitions 10622.01 De artmentul Su on 10,622.01 ACCT 67342000 60380000 60600000 60500000 DRICR CR DR DR DR ACCOUNTNAME Furniture Health Su Iies Office - E ui ment & IT Enhancement Increase Decrease 10622.01 2,022.83 2 825.00 5,784.18 voifctlh,�� RMeeadllioccaal tSionraccounts to pmh.,e a ui pent health and office su Iies far the Medical Clinic. t 46 iDates, FSF.lccounhii'`Pu`r`""ses Onl„»,.rt43tr'.x (.;_,Yr:{.,, t, . nw.r.nf,t - FUND 5000 5000 5000 5000 DIV 64005100 64005100 64005100 64005100 ACCT 67342000 60380000 60600000 60500000 DRICR CR DR DR DR ACCOUNTNAME Furniture Health Su Iies Office - E ui ment & IT Enhancement Increase Decrease 10622.01 2,022.83 2 825.00 5,784.18 Vol, _ Pg. �S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117-44.3 7/31/2017 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Info..tionTmbrr,logyIT Services Repairs and Maint. 2,411.06 Geneml Fund lnlbmation`fechnology IT Services Minor A<uisitions 2411.06 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 14000200 65440000 CR Nemorkblaintenaoce 2,411.06 0100 14000200 67205000 DR Network Cost 2.411.06 Information Technolow Reallocation orfunds to the appropriate accounts to add a switch for the District AnomeYs office. x y0 i Y ) CG h�Di`+.�Y �M1 viu��jry �LAix Yb 1"+�F �i� CDepartmen @9re.., x c .,_.r,`•. Dates tCourity. d9e Pq?ProVal r .a t's.•.;,.: _ FdrfAieoudtm ".Poi' -..Yes on ,.;< - r t -.}t v ss(_, _,> 4.. +:a.a v ls. •+ vx'; n ,31 s a:i.: Si«$ n r: v e. v.lt b r;:0ixi°oaJ 9 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 14000200 65440000 CR Nemorkblaintenaoce 2,411.06 0100 14000200 67205000 DR Network Cost 2.411.06 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 16117 -44.4 FUND DEPARTMENT DIVISION Genemt Fund Commissioner's Count Non -De runental CATEGORY DESCRIPTION Increase Decrease Minor Acquisitions 2.072.40 General Fund Emer enc Manaeement Minor Acquisitions 2 MAO ✓ -t.? „ FUND DIV ACCT DR1CR I ACCOUNT NAME Increase Decrease 0100 1/000500 CosnmisslonWs Court and Road & Emergenev Management CR Reallocation of funds to the approRriaw accounts to purchase desktop mics to co with the BV WACS Radios. P'T—x coun ii '-' •" nsesOntvr _i« +s, Aa �..;T.'ta Id. .r.,'.a�C ., y:'. .a#S,t, s:'...:: ; �t sh' ,r. .. ?',. 7) o si:' `.q ✓ -t.? „ FUND DIV ACCT DR1CR I ACCOUNT NAME Increase Decrease 0100 1/000500 67287000 CR E ul ment-Radios 2072.40 0100 - 35500100 67287000 DR E vi ment-Radios 2,072.40 Vol, p9. �2SI4. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 44.5 FUND DEPARTMENT General Fund Tax Assessor/Collector Geral Fund Tax Assessor/Collector DIVISION CATEGORY�DESCRIPTION Increase Decrease D artmental Su on 1 050.00 Contractual Services 1.050.00 FUND 0100 0100 DIV ACCT 17000100 60170000 17000100 71025000 DRICR CR DR ACCOUNT NAME Increase Decrease CaniprMriaterfFnxqUDDIieS 1050.00 Contract Services 1.050.00 Tax Assessor/Collector Reallocation of funds to thea ro nate acrounts to urchase a CAR License for 125,000 checks for Cummines Allison. F015,{e�CFeltnba :pOi 9CS iln{Ki=vnetr. hA::.Y.�'-duTw'v>.^�'kwd'i..dLJ .. W.t.YU R:w FUND 0100 0100 DIV ACCT 17000100 60170000 17000100 71025000 DRICR CR DR ACCOUNT NAME Increase Decrease CaniprMriaterfFnxqUDDIieS 1050.00 Contract Services 1.050.00 Wdl: _.✓� �'. _ fig. v � BRAZOS COUNTY, TEYAS BUDGET AMENDMENTS .. -- AA A —tAppr," Dat �C n '_Uudge7APProval` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16117 - 44.7 FUND DEPARTMENT r w nam„ DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Im rov. Fund General Permanent Improv. Fund Ca it.] Pro ects Ca ital Outlay 1497537 General Permanent Im rov. Fund Other Financia Sources Health & Life Fund Other Financia¢ Sources l4 97037 Health & Life Fund Health & Life Fund Medical Services Minor Ac uisitions 14 97537 General Co ital Pro ects and Medical Services Reallocation of funds to the a2propeate accounts to purchase office fumiture the Medical Clinic r CCQPrrrf0°IRu-'01es,Onl r4a rJ w m. FUND DIV 4500 63210020 4500 5000 5000 64005100 SJ„k :. :.;,{ 5u -. ✓r�. ,45, a"d<s.-.,� # ACCT DRICR ACCOUNTNAME Increase Decrease 60100000 CR Ele med Clink Renovate 14975.37 91330000 DR Transfer to FILL Fund 14,975.37 49015000 CR Transfer fin Ca . Ln .Fund 1497517 67342000DR Fumitum 14975.37 LA -�-� F N b�0 � C� ~ o M � LA oN0 N m Vol. -; pg. Vol. — p9 �, 7t It I A A A vol. pg. L �1 O O ct -4 U N N A A A vol. pg. L �1 Vol. J�� p9. ���1/ E-4 ri71 V vol ;< >-01 o 'L G7 O 6) -t 00 00 M N U U G In G — G m In O 7 N N In ! I N rt G In CO f, cli d9 IG N G 7 CO In m f 4N9 J F J _ l 71 r �i J J J J rA J •- y J _ J vol Vol. ^rr S.J Pg. �t r U ID G U Ij r ^ _ 1j ^ ^ cj Vol. ^rr S.J Pg. �t 0 I US - pg. Va. r �� �7 rq N LO 0 pg. 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PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 31, 2017 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 Sheriffs Office — Commissary Patel, Harsh J. Separation Sheriffs Office— Detention Bengs, Marshall W. Employment Boone, Clayton O. Change of Status Buchanan, Devin C. Employment Bush, Charlie L. Employment James, Jonathan A. Change of Status Lukach, Kyle R. Separation Rosser, Carolyn D. Employment Smith, Emilee E. Employment Sheriffs Office— Medical Services Coleman, Lisa J. Separation Moses, Tiffany N. Change of Status Approved in Commissioners' Court: Jul 3 County Judge's or Commissioner's Signature: (This Copy to be attached to minutesl- Vol. s5� pg 2 9,Z Laura Taylor Davis Brazos County Treasurer ldavjs@co.brazos.tx.us DATE: 07/20/2017 TO: Hon. Duane Peters, County Judge Hon. Steve Aldrich, Commissioner Hon. Sammy Catalena, Commissioner Hon. Nancy Berry, Commissioner Hon. Irma Couley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 06/30/2017 Investment Report A4 200 S. Texas Avenue, Ste 240 Bryan, Texas 77803 Tel: 979-3614346 DG a If Duane Peters County Judge Date This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 0.7876% on the quarterly average balance of $6,374,177.37 invested with TexPool for the period ending 03/30/2017. Investment interest deposited during the quarter was $12505.09. Actual ending balance invested at 06/30/2017 was $6,378,643.41. The average rate of interest earned on the depository checking account balances for the quarter ending 06/30/2017 was 0.25% netting $69,060.73 for the quarter end on an average depository investable balanceof $106,168,456.61. Total interest earned for quarter ending 06/30/2017 was $81,565.82. Investment Strategy The Brazos County Investment Strategy will remain focused on short -termed investments with the safety of principal as the foremost objective followed by liquidity and yield as per the Brazos County Investment Policy. While the majority of available funds are in the County's depository collateralized at 110%, we have begun the process of reinstating an investment committee and preparing a broker questionnaire to take advantage of rising interest rates. An RFP for the Brazos County depository contract is being prepared currently and the County should see an improvement on the current fixed rate of 0.25% an the funds held in the checking accounts for the term of the contract. For diversification the County has an investment account with TexPool that provides the safety of on overnight market. c Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at Branch Banking & Trust. FY 2017 INTEREST RATES AND EARNINGS BY MONTH Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's ourt of Brazos County. rTti.�iti oa= zv� 7�a�/7 Laura Taylor Davis, C my Treasurer, CIO Date CV -Y 1Q lJ C� I - 'LC) l-1 Angie Bea , Asst. Chief Deputy Treasurer, CIO Date FVol.�iv pg. --1 41 Z TexPool Interest Cking Acct Interest Interest Rate Interest Rate October 2016 767.18 0.3828 17,674.59 0.2500 November 2016 773.49 0.3987 16,759.52 0.2500 December 2016 916.55 0.4570 20,012.46 0.2500 Q/E 12/31/2016 2,457.22 0.4128 54,446.57 0.2500 January 2017 1,080.28 0.5385 24,946.18 0.2500 February 2017 1,013.46 0.5591 24,604.77 0.2500 March 2017 1,842.18 0.9665 25,918.95 0.2500 Q/E 03/31/2017 3,935.92 0.6880 75,469.90 0.2500 April 2017 3,726.14 0.7121 23,628.05 0.2500 May 2017 4,159.78 0.7689 23,617.25 0.2500 June 2017 4,619.17 0.8817 21,815.43 0.2500 Q/E 06/30/2017 12,505.09 0.7876 69,060.73 0.2500 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's ourt of Brazos County. rTti.�iti oa= zv� 7�a�/7 Laura Taylor Davis, C my Treasurer, CIO Date CV -Y 1Q lJ C� I - 'LC) l-1 Angie Bea , Asst. Chief Deputy Treasurer, CIO Date FVol.�iv pg. --1 41 Z 4 COST AMOUNT SUMMARY OF INVESTMENTS BYFUNDS General Fund TexPool $ 6,378,643.41 Total Cost of all funds invested for the month of JUNE 2017 $ 6,378,643.41 Book Value is the same because all investments are with TexPool and the Share Price is maintained at $1.00 TEXPOOL QUARTER ENDING 0 613012017 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE DESC. GENERALFUND EXPO.COMPLEX TOTAL R- V -V Q313MVVY, MYMARPWBAMNMFW?R �� 16 366:138:32: 04130117 APRIL INTEREST $ 3,726.14 $ (IMIAW,Y, Y.$S*�Fit3,Q9i864"1"46'L,4.7$'T-l�'` - 05131/17 MAYINTEREST $ 4,159.78 $ �V.&%,781 v$,MZW4�02 ,$!6;37A,024 06/30/17 JUNE INTEREST $ 4,619.17 voi. INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1- POOLED FUND GROUP General Fund $ 6,378,643.41 Health Endowment Fund $ State Lateral Road $ Courthouse Security $ S Strategy Ty,'pe �OPERi471jIG FUMOND-' �� �S�s.6;378;643 41 General Obligation Debt Svc. $ ± -- •rrak a -w : �`: Sfe9Yo-kYpe.wauDEB,SE�VIG�ESFU�IDSF x.r. General Permanent Impv. $ Exposition Center Fund $ tStiategy ype IfgI_CIA"L•�PRO`J,�BfiP�E,RM":IMP�1/y�DEBf 8;643�3 BOOK VALUE OF ALL INVESTED FUNDS AS OF QIE 6130117 $ 6,378,643.41 Vol, . �' :sy Pa. I