HomeMy WebLinkAbout2017-12-28 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON DECEMBER 28, 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 - Commissioner Cauley
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-21:
3. Resolution 17-026 approving the 2018 Indigent Defense Grant Program.
4. Discuss and take action to approve the hours and locations for early voting for the March
6, 2018 Democratic and Republican Primaries.
5. Request approval to wire transfer 44,346.58 to the Texas Health and Human Services
Commission (HHSC) as part of the Texas Healthcare Transformation and Quality
Improvement Program 1115 Waiver. This intergovernmental transfer (IGT) will provide
matching funds to St. Joseph for the Prenatal Clinic program. This project is under the
Delivery System Reform Incentive Payment (DSRI P) pool of funds.
6. Consideration and approval of amended Travel Policy effective January 1, 2018.
7. Approval of the job description for Class Code 1557, Position 02 - Teacher for S.O.
Commissary.
8. Approve contract with Texas Voting Systems, I nc for election services for the March 6,
2018 Primaries.
9. Discuss and take possible action on a Memorandum of Understanding with Houston
County for contract pre -adjudication detention beds.
10. Discuss and take possible action on _Memefandum of-0nderst nding with Falls, Milam,
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1 4,
and Robertston Counties for the contracting of pre -adjudication detention beds.
11. Approval of agreement between Brazos County and Gessner Engineering for
professional/civil engineering services for creek bank restoration project on Leonard
Road; and, approval of cost estimate of $86,900.00 for services. Site is located in
Precinct 4, Brazos County, Texas.
12. Approval of engagement letter with Ingram Wallis & Co. for renewal # 18-039R,
Independent Auditing Services previously approved by Commissioner's Court on July
11, 2017.
13. Contract number 18-095 to Kofile for archival indexing for plats for Brazos County Clerk
Office.
14. Renewal of contract # 18-012R Fuel with Brenco Marketing.
15. Renewal of contract # 18-100R Concession Services with Bailey Concessions.
16. Acceptance of Indian Lakes Phase 25 into the Brazos County road maintenance
system; the roads (portion of Indian Lakes Drive and Kanati Cove) and roadway
drainage structures are in compliance Wth the Brazos County Subdivision Regulations.
Site is located in Precinct 1
17. Expenditure Journal Entries
• Expenditure Journal Entries 120060-120066
18. Tax Refund Applications for the following:
• a. Private Properties -Overpayment $57.00
• b. First National Bank of Huntsville -Overpayment $396.18
• c. John Thomas Newcomb -Overpayment $20.07
• d. Margaret Hastedt - Overpayment $45.00
19. Budget Amendments.
Budget Amendments FY 17/18 13.1 -13.4
20. Personnel Change of Status.
Personnel Action Forms
21. Payment of Claims.
22. Sheriff's report on inmate population.
23. Announcement of interest items and possible future agenda topics.
24. Call for Citizen input and/or concerns
25. Adjourn.
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PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, wth both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Fbwever, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter Without
notice to the public. To ensure the public has notice of all matters the Commissioners Court Will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. % member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Flandicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
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MINUTES
DECEMBER 19, 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 Tuesday,
December 19, 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 - Commissioner Berry
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-17:
3. Consider and possible action on a burn ban.
Emergency Management Director Michelle Meade stated that with the recent rains there
Vol.G pg.
was no longer a need for a burn ban.
Motion: Deny, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
4. Order 17-019 adopting the Local Provider Participation Fund (LPPF) Mandatory
Payment Tax Rate and approving payment for administration costs to Brazos County.
The mandatory tax rate was set at 6% and the approved administration fee for the county
is $20,000.00.
A copy of the order is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Acceptance of the following donations to be used by the Health & Wellness Clinic:
• a. (60) Parfait Cups - Mcdonalds on Texas Ave.
• b. (12) Gallons of Sweet Tea - Chicken Express
A copy is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Request from the Information Technology Department to approve the pricing proposal
in the amount of $43,676.84 for network switching for surveillance refresh capital project
using Contract #DI R -TSO -3359 and D I R -TSO -2661.
The pricing proposal is from CDW Government, LLC for $43,676.84.
A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Award of bid contract # 18-030 Asphalts, Oils and Emulsions as follows:
• a. Ergon Asphalt & Emulsions - line item 1,5,6,and 7
• b. Martin Asphalt Company - line item 2,5,6, and 7
• c. No award for line item 3 cleaning of the tanks.
A copy of the bid tabulation is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Award of bid contract # 18-031 Stall Shavings and Pellet as follows:
• a. Agri -Wood Products: line item 1
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• b. A & B Livestock Supply: line item 2
A copy of the bid tabulation is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
9. Renewal of Contract # 18-033R Monitoring of Juvenile Offenders
A copy of the renewal of contract with Sentinel Offender Services, LLC is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
10. Renewal of contract# 18-038R Inmate Telephone Services with NCIC.
Jail Administrator Wayne Dicky explained that the original contract was with Infinity
Networks, Inc. and that company was bought out by Network Communication
International Company (NCIC). The renewed contract will be with NCIC.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
11. Final Plat of The Dairy Barn Subdivision; Block 1, Lot 1; 1.163 Acres; BBB & CRR
Survey, A-82; (ETJ City of College Station) Brazos County, Texas. Site is located in
Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
12. Acceptance of a donation of a Temporary Easement including ingress and egress rights
to property from Ricky J. Palasota and wife, Elaine Palasota and Ricky J. Palasota, Jr.
for 0.44 of one acre of land to be used for repairs to McAllester Lane. Site is located in
Precinct 4.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
13. Acceptance of a donation of a Temporary Easement including ingress and egress rights
to property from Ricky J. Palasota for 0.05 of one acre of land to be used for repairs to
McAllester Lane. Site is located in Precinct 4.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
14. Expenditure Journal Entries
• Expenditure Journal Entries FY 17/18 120038-120044; 010004
A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
15. Budget Amendments.
Budget Amendments FY 17/18 12.1 - 12.7
12.1 Transfer funds from Non -Departmental to Constable, Precinct 2.
12.2 Transferfunds from Non -Departmental to Juvenile Services.
12.3 Reallocate funds for Justice of the Peace, Precinct 3.
12.4 Transfer funds from Non -Departmental to Sheriff's Office.
12.5 To recognize donations from local businesses to the Health and Wellness Clinic.
12.6 Transfer funds from Non -Departmental to Emergency Management.
12.7 Transfer funds from Non -Departmental to County Court at Law No. 2.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
16. 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.
17. Payment of Claims.
Claims 7162247-7162427
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
18. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 568 inmates in jail,497 inmates are male and 71 are
female, 42 have electronic monitors and 21 are pending for monitors.
Vol.a-G� pg. _�
Sheriff Kirk wished everyone a Merry Christmas and a safe holiday.
19. Announcement of interest items and possible future agenda topics.
There were no announcements.
20. Call for Citizen input and/or concerns
There was no citizen's input.
21. Adjourn.
vpg. X33
The foregoing minutes of the Commissioners Court meeting held December 28, 2017
have been examined and are approved in open Court this ardday of January 2018, in
Bryan, Brazos County, Texas.
Duane Peters
County Judge
Sammy
Precinct
Irma Cauley 1
Commissioner, Precinct 4
Attest:}
Karen McQueen
County Clerk
Steve Aldrich
Commissioner, Precinct 1
Nancy Berry
Commissioner, Precinct 3
Val. lr 5 Ag.
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BRAZOS COUNTY
COMMISSIONER'S COURT
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Organization
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Resolution
2018 Indigent Defense Grant Program
WHEREAS under the provisions of the Texas Government Code Section 79.037 and Texas Administrative
Code Chapter 173, counties are eligible to receive grants from the Texas Indigent Defense
Commission to provide improvements in indigent defense services in the county; and
WHEREAS this grant program will assist the county in the implementation and the improvement of the
indigent criminal defense services in this county; and
WHEREAS Brazos County Commissioners Court has agreed that in the event of loss or misuse of the
funds, Brazos County Commissioners assures that the funds will be returned in full to the
Texas Indigent Defense Commission; and
NOW, THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as
the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent
Defense Formula Grant Program and all other necessary documents to accept said grant; and
BE IT FURTHER RESOLVED that the County Auditor is designated as the Financial Officer for this grant.
DULYPASSEDANDADOPTED h day o ecem e , 017 in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Attest:
C 7
Karen McQueen
County Clerk
17-026
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Internet Submission Form
After submitting the formula grant application on-line, the following Internet submission
confirmation number was received # . This grant application
submission was in accordance -with the ssio Court Resolution above.
Peters, County
17-026
Vol. �5 Pg.
BRAZOSCOUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
POLICY AND PROCEDURES
FOR
COUNTY TRAVEL AND REIMBURSEMENT
BRAZOS COUNTY, TEXAS
THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH
AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR
TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES.
THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS
COURT ON THIS THE 8TH DAY OF JUNE, 1995 TAKES THE PLACE OF ANY
PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS
COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6m
DAY OF JUNE, 1995.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON
FEBRUARY 17,1998.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
AUGUST Ist, 2000.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
DECEMBER 5th, 2000.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
FEBRUARY 11th, 2003.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
SEPTEMBER 20TH, 2005.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
JANUARY 31, 2006.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
December 11, 2007.
THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON April
1, 2008 revising the County Mileage Reimbursement Rate.
THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
December 28, 2010 revising the County Mileage Reimbursement Rate.
THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
June 28, 2011 revising the County Mileage Reimbursement Rate to 55.5 cents/mile.
THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
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BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
December 4, 2012 revising the County Mileage Reimbursement Rate to 56.5 cents/mile effective
1/1/2013.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
December 24, 2013, revising the County Mileage Reimbursement Rate to 56.0 cents per mile
effective 1/1/2014.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
SEPTEMBER 30, 2014, revising the nightly lodging rate from $85.00 plus tax per night to the
rates set by the State of Texas plus applicable taxes for travel after September 30, 2014.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
DECEMBER 30, 2014, revising the County Mileage Reimbursement Rate to 57.5 cents per mile
effective for travel occurring on or after 1/1/2015.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
DECEMBER 29, 2015, revising the County Mileage Reimbursement Rate to 54.0 cents per mile
effective for travel occurring on or after 1/1/2016.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
DECEMBER 14, 2016, revising the County Mileage Reimbursement Rate to 53.5 cents per mile
effective for travel occurring on or after 1/1/2017.
THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON
DECEMBER 28, 2017, revising the County Mileage Reimbursement Rate to 54.5 cents per mile
effective for travel occurring on or after 1/1/2017.
This policy and related procedures replaces all previous policies and procedures. It explains Brazos
County's policy relevant to the authorization of travel and the reimbursement of expenses incurred
incidental to travel. Section 152.011 of the Texas Local Government Code gives the Commissioners'
Court the authority to set travel expense and other allowances for all County officials and employees.
This policy is to be viewed as an "accountable plan", and therefore satisfies the reporting and
documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. § 162
and §274 and Treasury Regulations 1.62.1 to 1.62.6).
A. GENERAL DEFINITIONS
Accountable Plan - a plan under which an employee is reimbursed for expenses or
receives an allowance to cover expenses. The following four conditions must be satisfied:
a. There must be a County business purpose for the expenses,
b. The employee must clearly state and properly support that there was a business
purpose for the expense,
C. The employee must substantiate that the expense was incurred by providing
documentation or be deemed to have documented the reimbursed expenses, and,
d. The employee is required to return (i.e. with advances) to the County any amounts
received in excess of documented expenses. �
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BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper
receipts and/or statements.
3. Auditor - the County Auditor and/or his designated staff.
4. Authorization - a recognized approval level that requests the County Treasurer to
encumber funds for approved travel purposes. An approval level is the signature of the
elected official, department head or employee authorized to approve claims for the
department. This authority is established by completing a computer user access form
designating the employee to be on a departmental approval group in the Finance Plus
financial system with the County Auditor's office.
5. Official County Business - a business function in which County employee(s) are
participating, and which is recognized by the Commissioners' Court as being official
business of Brazos County.
6. Duty Point - the primary place of employment, i.e. courthouse, road and bridge, tax
office, etc.
7. Traveling County Employee - an elected official, a department head, or a person
employed in the direct service of an elected official or department head who is traveling
on official County business.
8. In -County Travel - travel that takes place within the confines of the legal boundaries of
Brazos County, and where the primary end destination of the travel is within these same
boundaries.
9. Out -of -county Travel - any travel that has a primary end destination outside the
established legal boundaries of Brazos County.
10. Out-of-state Travel - any travel that is undertaken which has a primary end destination
outside the established legal boundaries of the State of Texas.
11. Educational Travel - out -of -County travel that is undertaken by County employees for
approved education seminars, conferences and meetings.
12. Law Enforcement Travel - travel expenses incurred by County law enforcement
personnel for the explicit purpose of transporting prisoners and/or probationers, collection
of evidence, and other travel directly attributable to official County business.
13. Travel Expenses - transportation (airline fares, personal auto, public transportation,
parking, and taxi), meals, lodging, and incidental expenses associated with traveling on
official County business.
14. Travel Expense Forms - all forms so designated by the Auditor's office to be used to
report actual and estimated travel expenses for official County business. These forms are
to be submitted to the Auditor's office for reimbursement and/or documentation for
advances with regards to travel expenses.
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BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
15. Direct Billing - a pre -arranged billing, established for a County employee with a lodging
facility at which they plan to stay when away from their place of employment overnight
on County business. Direct Billing is arranged by the Auditor's office with the intent
being the reduction of the employee's financial responsibility for costs associated with
travel on County business.
16. Incidental Expense - a necessary and reasonable expense incurred by a County employee
while traveling on official County business. This does not include transportation, meals,
lodging, tips, gratuities, alcoholic beverages, laundry or in -room video rental.
17. Mileage - the distance from a duty point to a destination. As noted in the following
procedure, the County will reimburse mileage based on an internet mapping service such
as mapquest.com, yahoomaps.com or googlemaps.com.
18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in
December of each calendar year for use of a personal automobile while on County
business.
19. Meal Expense — limited to $36.00 a day for meals, if an employee is away from their
duty station overnight.
20. Host Hotel — "preferred room rates" negotiated by a sponsor for participants of a
conference, seminar or continuing education training, at or near the program site.
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BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
B. GENERAL POLICY STATEMENT
All reasonable and necessary travel by County employees for which a departmental budget has been
established, and for which the department has funds remaining in the budget, and for which the travel
is required in order for the employee to conduct County business is authorized. County officials and
department heads are expected to plan out -of -County travel for themselves and their employees to
achieve maximum economy and efficiency. All County reimbursed travel must be for official County
business only.
It is the responsibility of the County official and/or department head to see that all Out -of -County
travel expense forms are properly completed, documented, signed and forwarded to the County
Auditor's office within fourteen (14) calendar days of the travel return date. In -County mileage
reimbursements may be submitted on a monthly basis.
Upon submission of the travel reimbursement form amounts that are $10.00 or less will automatically
be deducted from the employee's next payroll after the forms submission. Amounts greater than
$10.00, it is the employee's responsibility to pay back to the County Treasurer's office or notify the
Auditor's office authorizing a payroll deduction for these amounts with the submission of the travel
reimbursement form.
C. IN -COUNTY TRAVEL
In the process of conducting County business, employees may be required to travel to locations within
the County, but away from their normal duty station. If the employee incurs expenses incidental to
such travel, the employee is required to obtain authorization from the department head for such
expenses. If the anticipated expenditure will be in excess of $25.00, the department head may request
a travel advance using the Travel Advance Form and secure the Commissioners' Court approval
before any expense is incurred. Employees are expected to report the shortest distance between
destinations for all travel. The County will not reimburse for personal mileage or for travel between
an employee's residence and their duty point. The County will not reimburse for meals unless
employee is away from their duty station overnight.
The employee traveling on official County business within the County should first determine from
the department head if a County vehicle is available to conduct such business.
All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County
Auditor's office of completed reimbursement request forms.
Procedure: For In -County travel, Mileage Reimbursement Requisition should be used. This form
is to be turned in by the employee to the department head at least once a month for previous travel.
Department heads should then prepare a request for reimbursement and forward the completed
request and attached documentation to the County Auditor's office. Mileage will be reimbursed based
on the actual mileage traveled at the prevailing rate established by the Commissioners' Court.
The County will not reimburse employees for meals or lodging expense incurred In -County.
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BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
D. OUT -OF -COUNTY TRAVEL
Out -of -County travel by County employees is permissible provided that it is authorized in advance
by the department head and does not exceed departmental budgetary allowance for such travel. It is
the department head's responsibility to ensure that each request has adequate documentation attached
to support the stated time, place, and business purpose of the travel expense (see "Accountable Plan"
requirements, Page 1).
The County will reimburse for County employee meals only while the employee is out of the County
on County business and away from their duty station overnight. If the travel expense is anticipated
to exceed $25.00 a travel advance may be requested. -
Procedure: All Out -of -County reimbursement requests are to be made on Travel Reimbursement
Requisition.
Requests for meal reimbursement are to be as follows
Meals will be reimbursed at the amounts listed, taxes included:
Breakfast $ 8.00
Lunch $ 10.00
Dinner $ 18.00
2. No receipts will be required.
3. The County will not reimburse an employee for more than $36.00 per day for meals. Meal
reimbursement will not be provided to an employee unless the employee is away
overnight.
4. The County will not reimburse for meals provided by the conference or seminar. It is
expected that the conference or seminar registration fees include any meals provided and
that the employee will avail themselves of these meals. Additionally, a "continental
breakfast" is not considered a meal for reimbursement purposes.
The County will reimburse County employees for mileage, if a personal vehicle is used, while the
employee is Out -of -County on County business. Mileage reimbursement will be made based on the
duty station address to specific destination address as documented by using an internet mapping
service such as mapquest.com, yahoomaps.com or googlemaps.com, at the existing reimbursement
rate set by Commissioners' Court.
6 vol. 02 lr� F9•
BRAZOSCOUNTY, TEXAS
- .
TRAVEL POLICY AND PROCEDURES
Requests for mileage reimbursements can be made in one of two ways:
1. Where mileage request is simply for round trip the employee need only enter the dollar
value on the Form. This is arrived at by multiplying the documented mileage by. 2 and .. .
then multiplying this product by the reimbursement rate that has been established`by
Commissioners' Court. It is requested that the employee use an:intemet mapping.service
with specific addresses including number, street and zip code such mapquest.com and that
the mileage documentation be submitted with the Mileage Reimbursement Requisition or
Travel Reimbursement Requisition.
2. Where mileage is requested for the use of a personal automobile. while on County business
and the request is for mileage other than the round trip from duty point to destination, then
the employee :should use Mileage Reimbursement Requisition to establish the additional
.,miles. and business purpose: The County will not reimburse for mileage incurred at the
destination city in pursuit of food or personal errands. Additional miles incurred at the
destination city for County business should.be documented using addresses.at either,
www.mapquest.com, www.googlemaps.com or www.yahoomaps.com. . Thesetotals
should then be transferred to the Travel Reimbursement Requisition.
The County will reimburse .the traveling County employee for the actual cost of lodging expenses
incurred, not to exceed. the rate used by the State of Texas. for the .location; "excluding taxes, while
traveling on official County business. The travel needs, to be approved bythe department head, and
the cost must not exceed the remaining departmental budget. Receipts are required for the
reimbursement of lodging expenses. Please see.Section G, this policy, for more information on
reimbursement of lodging expenses.
E. OUT-OF-STATE TRAVEL
The County will reimburse: employees for out-of-state travel using the GSA approved lodging and
meal rates: The. rates .. can be found by searching the city or zip. code . on
http://www.gsa.gov/porta1/category/100120.
If theemployee elects to use a personal automobile for such travel, the County reimbursement will
not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the
round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required)..
It is.noted that when the distance is. greater than 350 miles, and when the Air fare ticket can :be
purchased 21 days in advance, it is usually cheaper to fly than drive.
Any employee traveling on County business who does not wish to fly, and whose destination is out
of state may place a request before the Commissioners' Court requesting authorization to drive and
to be reimbursedfor the actual travel expense. The request would need to be in writing, placed before
the Commissioners' Court 10 days prior to departure, and would need to include the, reason for the
request and a comparison of the costs. Commissioners' Court has the authority to accept and/or reject .
each request based on merit as presented.
Procedure:, Any out,of--state travel request.must be presented to the department head. All requests .
for reimbursement:are-to be made on Travel Reimbursement Requisition. If a .Travel Advance is
needed, it should be requested at the same time.
Vol. Cg
- - _ - BRAZOS COUNTY, TEXAS-
- - - TRAVEL POLICY AND PROCEDURES
F. TRAVEL ADVANCES
Employees that anticipate being away.from their duty station on County business and Out -of -County
for more than three (3) days, or when travel expenses are anticipated to be more than $25.00, may
request a travel advance. The employee would be required to fill out Travel Advance Requisition.
The form should be submitted to the department head for approval and forwarded to the County
Auditor's office for processing. All requests for advance must be filed with the.Auditor's office ,ten
days prior to the departure date so that.proper approval from the Commissioners' Court can be
secured.
The request should not exceed the estimated expenses. All meal advances will,be based on $36.00
per. day and a maximum of the amount allowed for the location set by the State of Texas (Domestic
Maximum Per Diem Rates) plus taxes will be advanced for each day of lodging that the employee :
anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations
for air transportation when required.
Procedure: Once the employee has returned to their normal duty station; the employee has
fourteen (14) days, to, submit. documentationto the: County Auditor's. officer on ,a Travel :
Reimbursement Requisition to account for the use of the travel advance funds. The employee should
attach a copy of Travel Advance Requisition to their request to document the advance received. If
the employee has received funds in excess of their need the balance should be remitted to the County .
Treasurer's office, and a copy of all receipt(s) attached to Travel Reimbursement Requisition. After
the 14 day period travel advances that have had documentation submitted will be deducted from the
employee'spaycheck as agreed in the travel advance requisition. All disbursement of funds and
collection of funds with regards to travel advances will be handled through the. County Treasurer's
office. The department. head has oversight responsibility for all disbursements related to travel
advances.
u. LVLUll\V The County will be responsible for a maximum of the amount allowed for the destination set by the
State of Texas (Domestic Maximum Per Diem Rates) plus tax per day, for lodging expenses incurred
by County employee while traveling on official County business either out of county or out of state.
The _County prefers to arrange for hotel accommodations to be billed, directly to the County.
Department heads are encouraged to plan as.far in advance as. possible; and to arrange for direct
billing. The County will only be responsible for the amount allowed for the destination set by the
State of Texas. If the room charge is greater than allowed, the employee should be prepared to be
responsible for the difference. The State of Texas follows the. U.S. General Services Administration
per diem rates by location. Rates are set by fiscal year, effective October 1 eachyear. The rates can
be found by searching by city or zip code at this website: httU://www.psa.g6v/l)oital/category/100120.
The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of
the department head. This decision is based on the location of the meeting site and beginning or
ending time of the program. Likewise, the decision to pay the lodging fee for the last day of a
conference or meeting is at the discretion of the department head. It is the employee's responsibility
to make sure this issue is covered prior to the meeting taking place-and.prior to the, request:being
placed before the Commissioners' Court.
8 Vol. G J pg.
BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
Host Hotel
In many instances a county employee will attend a seminar, conference or continuing
education program where the sponsor of the program has negotiated preferred room rates
at (or near) the site where the program is to be held. In many instances the preferred room
rate is referred to as the "host hotel." In some instances the program sponsor has secured
such preferred rates at several locations.
The county would prefer that county employees attending such programs stay at the "host
hotel." And, therefore, if the room rate is greater than the rate allowed under Section G —
Lodging of this policy, the county will reimburse the employee for the full amount of the
room plus tax. The employee is required to provide adequate documentation that the
program negotiated a preferred rate with the "host hotel." An example of adequate
documentation would include a seminar brochure or registration information provided by
the program sponsor that lists the preferred hotels. In the event an employee is able to
secure a room for an amount less than the host hotel rate when a host hotel is available
without incurring additional parking, car rental or mileage expenses the employee will be
reimbursed at the actual room rate.
Many times the county employee attending a sponsored program does not plan to attend the
program in a timely manner and all "reserved program rooms" will have been taken.
Alternative sites will not be considered as "host hotels" unless specifically designated as such
by the program sponsor.
Out -Of -State
When a county employee requests out-of-state travel for a sponsored seminar, conference
or continuing education program, and there is not a designated "host hotel", it is the
employee's responsibility to register in a timely manner to allow the opportunity to stay at
the hotel or conference center where the program is being held. When the employee makes
a request for out-of-state travel, the request should clearly state the anticipated room cost,
and request formal approval for reimbursement.
Relatives and Friends
Frequently county employees while traveling on county business and away from their duty
station overnight will stay with friends and/or relatives. As a result their application for
reimbursement will appear as if they were not away from home overnight. When such an
event happens, the employee should attach a notice to their reimbursement request to allow
the county auditor's office to confirm the over night stay.
Restrictions on County reimbursable lodging expenses:
The County WILL reimburse for:
Daily Room Charges as allowed by the rates adopted by the State of Texas for the
destination plus tax.
Properly Documented Business Telephone Calls
Facility Parking Charges — Self parking only*
Taxi Fares (rie documentation required)
Alternate means of travel (i.e. bus, traliu,.etc.)�
9 ! Vol. PQ. �`��
BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
Internet service used for conducting County business
Tolls for toll road travel — receipts required
Valet parking for handicapped employees with a valid handicap placard from the Tax
Office.
2. The County will NOT reimburse for:
Snacks Charged To The Room
Room Service (No gratuity, no room service charge)
Personal Expenses (i.e.: Valet, Dry Cleaning, Laundry, etc.)
Tips and/or Gratuity
Alcoholic Beverage Charges
Video Rental (i.e.: In -Room Movies, etc.)
Personal Phone Calls
Hotel Club Charges
Recreational Facility Charges
*The County will reimburse for self parking at any rate with receipts. Valet parking will be
reimbursed if it is the only parking available and is documented as such by the hotel. In the event
self parking and valet parking are available and the employee chooses to use valet parking the
County will only reimburse up to the rate equal to the self parking rate.
Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for
these payments. These charges are to be accounted for and payment rendered to the facility by the
employee at check out. If any of these charges billed incorrectly directly to the County by a lodging
facility, the employee will be responsible for remitting reimbursement to the County Treasurer.
Procedure: The employee will be required to obtain an original lodging statement from the
establishment where the employee stayed. This statement should be attached to the Out -Of -County
Travel Reimbursement Request. No exceptions will be allowed.
H. AIR FARE and CAR RENTALS
All County employees are required to travel by the least expensive mode of travel. The employee
should evaluate whether travel by airplane to the destination point is cheaper than traveling by other
means. The County will only reimburse for the least expensive mode of travel, unless the employee's
supervisor can show good cause for using another mode.
When the final destination is over 350 miles then air travel should be considered.
Car Rentals should only be utilized when required for the employee to fully carry out their official
business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The
County will not reimburse for expenses incurred for personal reasons. The County would prefer that
the employee not enter into a rental arrangement unless it is necessary and required for the completion
of the business purpose.
The County will not reimburse for first class travel. The County will only reimburse for necessary
car rental at the sedan rate (no luxury cars) and necessary gasoline for the rental with receipts. The
County will not reimburse for mileage on a rental car.
10 VO4. ti� PO I
r
BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
L CONFERENCES. SENUNARS and CONTINUING EDUCATION
The County prefers to pay in advance for conferences, seminars and registrations for continuing
education. By so doing, the financial responsibility placed on the employee is reduced and proper
and timely assistance can be given to the employee with regards to reservations, travel advances, and
completion of reimbursement forms.
The County requires that requests for registration fees be accompanied by a conference program,
seminar program, or continuing education program that indicates the cost, location and payee's
address. The County requires that the employee's supervisor approve the request. The supervisor
must indicate that the employee's attendance will enhance the employee's ability to perform in their
assigned job function.
Each elected official or department head is required to budget for registration at conferences, seminars
and continuing education annually as needed. If there is no budget allocation for this expenditure the
Auditor's office will not approve the expenditure until an official budget amendment or budget
adjustment has been approved.
All elected officials and department heads are required to budget for State required annual continuing
education for all members of their staff where required. When properly bud eg ted the County will pay
for all required continuing education mandated by State statutes for elected officials and appointed
department heads. When the registration for a conference or seminar includes payment for meals, it
is anticipated that the employee will eat the meal provided. The County will not pay for an additional
meal.
When the conference or seminar is scheduled out of the County and begins in the morning. The
County will reimburse for meals and lodging the night before when the distance to the sight is over
150 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee
will be reimbursed for the evening meal immediately following the end of the conference or seminar
if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who
is less than seventy five (75) miles away from their duty station unless the employee is away
overnight.
J. LAW ENFORCEMENT TRAVEL
The department head prior to the occurrence of any expense must approve all law enforcement travel
expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place
before there is a need for such travel, or if travel is a result of a defined "emergency" the department
should try to secure permission from the Commissioners' Court for the use of credit cards in such
cases. If credit cards are used then the County Credit Card Policy is to be followed.
It is recognized that the need for law enforcement travel may occur on an emergency basis. The
County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel
and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of
Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the
designation of an emergency. If there are no budget funds available, the County Judge's approval will
be required before the expenditure can be incurred.
11 FVC
Pg.T�
BRAZOS COUNTY, TEXAS
TRAVEL POLICY AND PROCEDURES
K. MISCELLANEOUS
The employee needs to be aware that a credit card receipt is not documentation for an
expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related
expenditure must be supported by documentation. It is the employee's responsibility to secure the
documentation at the time of expenditure. In the event that no documentation is secured a certification
as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous
record must be received from the vendor.
When an employee elects to have their spouse and/or family travel with them, this must be accurately
documented and separation of costs will be required. Lodging expenses must be documented by the
hotel/motel as to what a single occupancy rate would have been. This should be done on the face of
the receipt.
ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO INSURE THAT ALL
EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO
FOLLOW THE POLICY WILL. RESULT IN A DELAY IN THE REIMBURSEMENT
PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE
DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION.
THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY
OPERATIONS.
Qrq��;;Ml
Duane Peters date
County Judge
12 i Vol. pg. 9
Class Number:
Pay Group:
FLSA Status:
Approved Date:
Position End
Date:
Brazos County
Job Description
Last Updated: September 2D15
1557 Title: Teacher
16 Department: Sheriff -Jail
r�:
lremplala RYVISen 1 2 0611512012
Non Exempt Reports To: DO Sergeant (Programs)
10/01/2017 EEOC Category: Technicians
Temporary
09130!2018 Employee
Signature:
General Summary:
To plan, organize and Implement an appropriate instructional program in a learning environment that guides and encourages inmates to develop and
fulfill their academic potential.,
Essential Duties:
Other duties may be assigned... Plan, prepare and deliver instructional activities that facilitate active learning experiences; Develop schemes ofwork
and lesson plans; -Establish and communicate clear objectives for all learning aetivitips; Prepare classroom for class activities;
Provide a variety of earning materials and resources for use in educational activities; Identify and select different instructional resources and
methods to meet students' varying needs; Provide appropriate feedback on work; Encourage and monitor the progress of individual students;
Maintain accurate and complete records of students' progress and development; Manage student behavior in the classroom by establishing and
enforcing rules and procedures:,Folew rules and procedures for managing students in the correctional setting.
Other Duties as assigned. (1 %)
Supervision
Education
Received: From D.O. Sergeant
Given! This is a non -supervisory position.
Required: Bachelor's degree or higher from an accredited institution
Preferred:
Experience
Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily.. The
requirementslisted below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
Preferred:
Certificates, Licenses,
Registrations
RegUlfed: Texas Teaching cedificate
FVO.1.
i
i
Preferred;
Physical Demands
Typical: The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and
kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and
occasionally must lift and/or move objects weighing 50 pounds or more. Specific vision abilities required by this
job include Gose vision, distance vision, peripheral vision, color vision, and ability to adjust focus:
Knowledge, Skills; &
Abilities
Typical: Standard office equipment and computers. Operate computers,. including word processing and spreadsheet
software; operate fire and safety equipment and firearms; read and write reports, letters, and memos; perform
basic mathematical calculations; analyze data; follow instruclions; communicate effectively, both orally and;in
writing; and maintain effective working relationships with co-workers, prisoners, and the general public
Work Environment
Typical: The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this Job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions, The noise level in the work environment is usually
hlghr, While performing the essential duties of this job, the employee Is constantly required to perform multiple
tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others apart of
a team. The employee is frequently required to respond to emergency situations in which there may be danger
or physical abuse.
Zr�
Duane Peters Date
County Judge
Vol. Pg.
THE STATE OF TEXAS §
COUNTY OF BRAZOS
This contract made and entered into this thday of December, 2017, by and between TEXAS
VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION
ADMINISTRATOR, as Contracting Officer for the BRAZOS COUNTY DEMOCRATIC PARTY and the
BRAZOS COUNTY REPUBLICAN PARTY.
WITNESSETH:
Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and
Whereas, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR is
desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the BRAZOS
COUNTY PRIMARY ELECTION to be held on March 6, 2018 in Brazos County, Texas;
Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth,
is agreed that:
TEXAS VOTING SYSTEMS, INC. will provide the following supplies:
(a) Sixty-six custom gathered election sets.
(b) Twelve thousand five hundred (12,500) sample ballots
(c) All required numbered seals for eSlates and JBC's and transfer cases
(d) Vote center supply packs (pens, tape, paper clips, tacks, and highlighters ) as required
fl
TEXAS VOTING SYSTEMS, INC. will provide the following services:
(a) Programming for the elections.
(b) Pre -define voting equipment (250 eSlates, 30 JBCs for Election Day, 48 eSlates,
5 JBCs for Early Vote, 2 eSlates, 2 JBCs for Public Test).
(c) Transport and set up equipment at 5 Early Voting locations, tear down and pick up equipment and
return to warehouse
(d) Transport equipment to 21 vote centers and return to the warehouse after the election
(5 vote centers are to be picked up and returned by the election judges.)
(e) Back up of the equipment after the election
(f) Provide assistance on Election Day as required to include Central Counting
(g) Clear equipment after retention period
(h) Provide consulting services before and after the election
III
The BRAZOS COUNTY ELECTION ADMINISTRATOR, shall be responsible for and hereby assumes
the following duties and obligations in regard to the BRAZOS COUNTY PRIMARY ELECTIONS to be held on
March 6, 2018:
Vol. �o� G� Pg. 02 f
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018—December 31, 2018
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF JUVENILE OFFENDERS
SPACE AVAILABLE 9
STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
January 1, 2018 - December 31, 2018
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between
Houston County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation') and
the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge,
concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter
"the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider") pursuant to
license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with
licensure or regulatory authority over this facility.
ARTICLE I
PURPOSE
1.01 Whereas Houston County, in order to carry out and conduct its juvenile program in accordance with the Juvenile
Justice Code, Title III of the'Cexas Family Code has need of the use of detention facilities to house and maintain
children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a
need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be
utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan,
Texas 77803.
ARTICLE 11
TERM
2.01 The term of this Agreement is for 12 months commencing January 1, 2018 —December 31, 2018. It shall be
automatically renewed for one (1) year terms thereafter, commencing January 1st and ending December 31s' of
each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said
term, of its intention to not renew this Agreement.
ARTICLE III
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week;
routine medical examination and treatment within the Facility (but shall not provide or pay for emergency
examination, treatment, or hospitalization outside the Facility); an approved education program; recreation
facilities; and crisis intervention to each child placed within the Facility.
B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility
("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized
Va. Psi ,
t
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018—December 31, 2018
to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harness
Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation
officials of Outside Treatment within twenty-four (24) hours of its occurrence.
C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct
indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to
the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not
released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the
Madison County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is
ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the
child's re -admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and
determined by the facility administrator and staff of the Facility.
E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service
Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved
to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore,
Service Provider will not accept children whose detention would prevent the Facility from complying with the
Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed
offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of
valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile
Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will
be accepted under any circumstances without having been seen, treated and released by a medical professional
and given written medical clearance.
If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the
sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the
program or combination of such conditions or whose mental or physical conduct would or might endanger the
other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination.
The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after
notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation
for the removal of the child. Any child not removed from the facility within 24 hours will be transported by
Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for
the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24
hour period.
Any damage to county property or juvenile facility fixtures will be paid for by the Juvenile Probation
Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department.
F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's
religion, race, creed, sex or national origin.
G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility
shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants
or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the
conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has
been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility,
or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is
received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The
same understanding and agreement between the parties exists with the exception that court orders may
authorize detention for up to fifteen (15) working days after the initial hearing and detention period.
2
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018— December 31, 2018
H. Itis further understood and agreed by the parties that, children maybe released to the Probation Officer or
other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of
Release signed by the Judge of the Juvenile Court of Houston County.
I. Service Provider shall be in compliance with all standards and requirements of the Texas
Juvenile Justice Department and all applicable State and Federal law.
J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision
by detention staff during sleeping hours in a Secure Facility.
K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth
Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel
administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date
administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county.
L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to
comply with requirements of Special Education students and their needs.
M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit
Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service
Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work,
duties functions pertaining to the maintenance and operation of the Facility. However, it is also understood that
the Juvenile Court of Houston County shall control the conditions and terms of detention supervision as to a
particular child pursuant to the Texas Family Code, Section 51.12.
ARTICLE IV
COMPENSATION
4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the
sum of $100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall
be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of
care for children in the facility.
4.02 Every child shall receive basic detention services. Additional services that require or request special
accommodations, medications, including, but not limited to: psychological assessments, mental health care,
medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters,
special dietary needs, will be paid for by the Department.
4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation
Department and shall be paid for by the Department.
4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said
invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include
information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific
clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for
payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance
with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation
in a timely manner.
4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from
Juvenile Probation under this contract. Service Provider shall account separately for state funds received and
expended utilizing the following Generally Accepted Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
Brazos County Juvenile Justice Center
Detention Services Agreement
January I, 2018— December 31, 2018
receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March 1 following the end of the fiscal
year.
2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a
separate accounting of funds received from Juvenile Probation in whole or in art paid from state funds.
the accounting shall clearly list the state funds received from Juvenile Probation and account for
expenditures of said funds including documentation of appropriate expenditures as well as the year's tax
forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior
to the renewal date of the contract.
4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if funds are not available or are not appropriated by the Texas Legislature.
4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal
Officer. Service Provider will not contact other department employees regarding any claims of payment.
4.05 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code
Section 231.006.
4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate
in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the
dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation
before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and the parties shall pay the costs of mediation services equally.
ARTICLE V
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to
ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile
Probation may be denied as determined by the Facility.
5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper
order/ authorization from the Juvenile Court of Houston County.
ARTICLE VI
EXAMINATION OF PROGRAM & RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services
provided under the terms of this agreement and/or to review its record periodically. This examination and
evaluation of the program may include site visitation, observation of programs in operation, interview and the
administration of questionnaires to the staff of Service Provider and the children when deemed necessary.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as
requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make
available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or
other evidence pertaining to the costs and expenses of this Agreement.
6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon
reasonable notice will provide information, records, papers, reports, and other documents regarding services
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furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced
above) for seven (7) years after the termination of this Agreement.
6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditors Office, or any successor agency, to conduct an audit or investigation in connection with those
funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of
the audit or investigation, including providing all records requested. Contractor will ensure that this clause
concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in
Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be
provided pursuant to this Agreement, or as may be required by law.
ARTICLE VIII
DUTY TO REPORT
8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas
Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns,
volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious
incident involving a child in a juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24)
hours from the time the allegation is made, to the following:
1. Local law enforcement agency; and
2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-
512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-
7263, followed by submitting the report within 24 hours of said call). In addition, for serious
incidents, a treatment discharge form or other medical documentation that contains evidence of
medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice
Department within 24 hours of receipt; and
3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231and Service Provider
shall contact Juvenile Probation by telephone at (936) 241-6230 within 24 hours.
B. For allegations and incidents of sexual abuse or serious physical abuse:
1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person
gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report
shall be made by phone to law enforcement,
2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours
from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual
abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours
of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile
number 1-512-424-6716 or by email at abuseneglect@tjjd.texas.gov and
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018— December 31, 2018
3. With respect to children placed by Juvenile Probation, the 'I'JJD Incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231.
8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written
statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the
occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is
not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall
be immediately reported to law enforcement or to other appropriate govemmental unit as required in Texas
Family Code Chapter 261.
8.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an
alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse,
neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or
juvenile justice program.
S. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical
assault or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or
sexual abuse by non -contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that
formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires
medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical
technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or
detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a
private vendor under a contract with the governing board, juvenile board or governmental unit that serves
juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication
secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or
private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile
court jurisdiction.
F. A juvenile justice program is a program or department operated wholly or partly by the governing board,
juvenile board or by a private vendor under contract with the governing board or juvenile board that serves
juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice
alternative education program and a non-residential program that serves juvenile offenders while under the
jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
ARTICLE IX
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns,
volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have
direct unsupervised access to children in the facility or program.
9.02 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through the Texas Department
of Public Safety.
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B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on
the Texas Department of Public Safety website.
C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime
Information Center; internet-based searches shall not be used to conduct this background search.
9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent
criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later:
duration of the individual's employment or period of service; nunimum of three (3) years; or until any pending
litigation, claim, audit or review and all questions arising there from have been resolved.
9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the
following:
A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10)
years;
B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within
the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the
past five (5) years;
E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United
States within the past five (5) years;
F. A current jailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an
individual must not have direct unsupervised access to children in a facility or program until at least one year has
elapsed since the completion of any period of incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall
be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice
program.
9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history
from being placed in a position that involves direct unsupervised contact with children.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following
information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this
Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with children;
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C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider
that has direct contact with children;
D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and exploitation
investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service
Provider that has direct contact with children was the alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that are registered sex offenders; and
F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that have a criminal history. For the purpose of this
Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole;
(2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor
conviction or deferred adjudication within the past five years.
10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to
Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee,
intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual
in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile
justice program.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not
unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis
of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and
local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this
Agreement without the written consent of Juvenile Probation.
ARTICLE XIII
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public
officials of the governing body of the locality or localities in which the project is situated or being carried who
exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement
which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this
Agreement, as it deems appropriate, in any one of following circumstances:
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A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein
or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement, including
failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to
endanger the performance of this Agreement in accordance with its terms and in either of these two
circumstances after receiving notice of default, Service Provider does not cure such failure within a
period of ten (10) days.
ARTICLE XV
TERMINATION
15.01 This Agreement may be terminated for any reason:
A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the
safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately
suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the
Service Provider.
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its
employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives
any rights it may have to indemnification from Juvenile Probation.
ARTICLE XVII
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
A. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff
certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory
and regulatory requirements for the operations of its business and that there are no taxes due and owing to
the State of Texas, the County of Brazos or any political subdivision thereof;
B. Brazos County will maintain in force policies of general liability insurance against loss to any person
($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of
$300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of
Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified
immediately upon any changes in the status of the insurance policy and shall promptly furnish updated
certificates of insurance to Juvenile Probation.
C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly
trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a
child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code
Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse,
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neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers,
subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or
juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its
offices/facilities, both the English and Spanish language versions of the following official notice forms that
are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect
and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation.
ARTICLE XVIII
TEXAS LAW TO APPLY
18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Brazos County, Texas.
ARTICLE XIX
VENUE
19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas.
ARTICLE XX
LEGAL CONSTRUCTION
20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any
other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained therein.
ARTICLE XXI
PRIOR AGREEMENTS SUPERSEDED
21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior
understandings or written or oral Agreement between the parties respecting the within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or
an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the
children placed in the Facility by the Judge of Houston County having juvenile jurisdiction
ARTICLE XXII
PRISON RAPE ELIMINATION ACT
22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and
standards applicable to the provision of services described herein and the performance of all obligations
undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which
establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons,
including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and
sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)]
Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the
CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation.,
and all such data may be requested by the Department of Justice from the previous calendar year no later than
June 30th [PREA §115.387(e) and (f)]
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Houston County
Probation Department
Tom Streetman
Chief Juvenile Probation Officer
Houston County
Authorized Official
Brazos County Juvenile Justice Center
Detention Services Agreement
January I, 2018— December 31, 2018
Brazos County Juvenile Justice Center
Doug Vance, PhD
Executive Director
I S �
Duane Peters
Chairman, Juvenile Board
BRALOS COUNTY COMMISSIONERS COURT
ON at&M U Y rPb , 20 , FULLY EXECUTED
WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL.
By: Z �
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
IN DUPLICATE, EACH OF
Pg.__o2 (f
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Brazos County Juvenile Justice Center
Detention services Agreement
January 1, 2018 -December 31, 2018
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
Janu@U 1, 2018 — December 31, 2018
to
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Falls,
Milam, and Robertson Counties acting by and through its duly authorized representative (hereinafter "Juvenile
Probation') and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County
Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter "the
Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider") pursuant to license
granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory
authority over this facility.
ARTICLE I
PURPOSE
1.01 Whereas, Falls, Milam, and Robertson Counties in order to carry out and conduct its juvenile program in
accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention
facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of
delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court.
The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is
located at 1904 HWY 21 W., Bryan, Texas 77803.
ARTICLE II
TERM
2.01 The term of this Agreement is for 12 months commencing January 1, 2018 through December 31, 2018. It shall be
automatically renewed for one (1) year terms thereafter, commencing January 1st and ending December 31st of
each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said
term, of its intention to not renew this Agreement.
ARTICLE III
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week;
routine medical examination and treatment within the Facility (but shall not provide or pay for emergency
examination, treatment, or hospitalization outside the Facility); an approved education program; recreation
facilities; and crisis intervention to each child placed within the Facility.
B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility
("Outside Treatment') is required for a child placed in the Facility, the Administrator of the Facility is authorized
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to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless
Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation
officials of Outside Treatment within twenty-four (24) hours of its occurrence.
C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct
indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CEVS) will be admitted to
the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not
released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the
Falls, Milam and Robertson Counties' juvenile court in accordance with the Texas Family Code, Title III (Section
54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention
Facility prior to the child's re -admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and
determined by the facility administrator and staff of the Facility.
E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service
Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved
to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore,
Service Provider will not accept children whose detention would prevent the Facility from complying with the
Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed
offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of
valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile
Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will
be accepted under any circumstances without having been seen, treated and released by a medical professional
and given written medical clearance.
If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the
sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the
program or combination of such conditions or whose mental or physical conduct would or might endanger the
other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination.
The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after
notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation
for the removal of the child. Any child not removed from the facility within 24 hours will be transported by
Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for
the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24
hour period.
Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation
Department and charges will be filed against the juvenile with the Brazos County Sheriffs Department.
R Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's
religion, race, creed, sex or national origin.
G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility
shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants
or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the
conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has
been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility,
or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is
received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The
same understanding and agreement between the parties exists with the exception that court orders may
authorize detention for up to fifteen (15) working days after the initial hearing and detention period.
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H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or
other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of
Release signed by the Judge of the Juvenile Court of Falls, Milam, and Robertson Counties.
I. Service Provider shall be in compliance with all standards and requirements of the Texas
Juvenile Justice Department and all applicable State and Federal law.
J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision
by detention staff during sleeping hours in a Secure Facility.
K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth
Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel
administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date
administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county.
L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to
comply with requirements of Special Education students and their needs.
M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit
Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service
Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work,
duties functions pertaining to the maintenance and operation of the Facility. However, it is also understood that
the Juvenile Court of Falls, Milam, and Robertson Counties shall control the conditions and terms of detention
supervision as to a particular child pursuant to the Texas Family Code, Section 51.12.
ARTICLE IV
COMPENSATION
4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the
sum of $100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall
be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of
care for children in the facility.
4.02 Every child shall receive basic detention services. Additional services that require or request special
accommodations, medications, including, but not limited to: psychological assessments, mental health care,
medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters,
special dietary needs, will be paid for by the Department.
4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation
Department and shall be paid for by the Department.
4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said
invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include
information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific
clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for
payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance
with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation
in a timely manner.
4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from
Juvenile Probation under this contract. Service Provider shall account separately for state funds received and
expended utilizing the following Generally Accepted Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
3
va. � ��5 pg..�
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018 -December 31, 2018
furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced
above) for seven (7) years after the termination of this Agreement.
6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those
funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of
the audit or investigation, including providing all records requested. Contractor will ensure that this clause
concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the
requirement to cooperate is included in any subcontract it awards."
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in
Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be
provided pursuant to this Agreement, or as may be required by law.
ARTICLE VIII
DUTY TO REPORT
8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas
Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns,
volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious
incident involving a child in a juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24)
hours from the time the allegation is made, to the following:
1. Local law enforcement agency; and
2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-
512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-
7263, followed by submitting the report within 24 hours of said call). In addition, for serious
incidents, a treatment discharge form or other medical documentation that contains evidence of
medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice
Department within 24 hours of receipt; and
3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (254) 883-3346 and Service Provider
shall contact Juvenile Probation by telephone at (254) 883-1429 within 24 hours.
B. For allegations and incidents of sexual abuse or serious physical abuse:
1. Local law enforcement agency immediately, but no Iater than one (1) hour from the time a person
gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report
shall be made by phone to law enforcement;
2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours
from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual
abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours
of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile
number 1-512-424-6716 or by email at abusene lg ect®tjjd.texas.gov and
5 �
Vol. Pa.
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018 -December 31, 2018
3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be
sent to juvenile Probation within 24 hours at facsimile number (254) 883-3346.
8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written
statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the
occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is
not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall
be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas
Family Code Chapter 261.
8.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an
alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse,
neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or
juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical
assault or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or
sexual abuse by non -contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that
formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires
medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical
technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or
detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a
private vendor under a contract with the governing board, juvenile board or governmental unit that serves
juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication
secure correctional facility required to be certified in accordance with the Texas Family Code, and a public or
private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile
court jurisdiction.
F. A juvenile justice program is a program or department operated wholly or partly by the governing board,
juvenile board or by a private vendor under contract with the governing board or juvenile board that serves
juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice
alternative education program and a non-residential program that serves juvenile offenders while under the
J urisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department.
ARTICLE IX
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns,
volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have
direct unsupervised access to children in the facility or program.
9.02 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through the Texas Department
of Public Safety.
6I Vol. y_ Pg..�_! '__
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018•December 31, 2018
B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on
the Texas Department of Public Safety website.
C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime
Information Center; internet-based searches shall not be used to conduct this background search.
9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent
criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later:
duration of the individual's employment or period of service _minimum of three (3) years; or until any pending
litigation, claim, audit or review and all questions arising there from have been resolved.
9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the
following:
A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10)
years;
B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within
the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the
past five (5) years,
E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United
States within the past five (5) years;
F. A current jailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an
individual must not have direct unsupervised access to children in a facility or program until at least one year has
elapsed since the completion of any period of incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall
be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice
program.
9.07 Juvenile Probation reserves the right, in its sale discretion, to prohibit any individual with a prior criminal history
from being placed in a position that involves direct unsupervised contact with children.
ARTICLE X
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following
information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this
Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with children,
Vol. _ (0 5✓ P I
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Brazos County Juvenile Justice Center
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January 1, 2018 -December 31, 2018
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider
that has direct contact with children;
D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and exploitation
investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service
Provider that has direct contact with children was the alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that are registered sex offenders; and
F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that have a criminal history. For the purpose of this
Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole;
(2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor
conviction or deferred adjudication within the past five years,
10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to
Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee,
intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual
in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile
justice program.
ARTICLE XI
EQUAL OPPORTUNITY
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not
unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis
of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and
local laws and regulations.
ARTICLE XII
ASSIGNMENT & SUBCONTRACT
12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this
Agreement without the written consent of Juvenile Probation,
ARTICLE XIII
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public
officials of the governing body of the locality or localities in which the project is situated or being carried who
exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement
which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof.
ARTICLE XIV
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this
Agreement, as it deems appropriate, in any one of following circumstances:
Orn os County Juvenile Justice Center
Detention Services Agreement
January 1, 2018 -December 31, 2018
A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein
or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement, including
failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to
endanger the performance of this Agreement in accordance with its terms and in either of these two
circumstances after receiving notice of default, Service Provider does not cure such failure within a
period of ten (10) days.
ARTICLE XV
TERMINATION
15.01 This Agreement maybe terminated for any reason:
A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the
safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately
suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the
Service Provider.
ARTICLE XVI
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its
employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives
any rights it may have to indemnification from Juvenile Probation.
ARTICLE XVII
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement,
A. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff
certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory
and regulatory requirements for the operations of its business and that there are no taxes due and owing to
the State of Texas, the County of Brazos or any political subdivision thereof;
B. Brazos County will maintain in force policies of general liability insurance against loss to any person
($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of
$300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of
Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified
immediately upon any changes in the status of the insurance policy and shall promptly furnish updated
certificates of insurance to Juvenile Probation.
C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly
trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a
child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code
Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse,
9 Vol. ?' ..
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018 -December 31, 2018
neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers,
subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or
juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its
offices/facilities, both the English and Spanish language versions of the following official notice forms that
are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect
and Exploitation and Notice to Entployees Regarding Abuse, Neglect and Exploitation.
ARTICLE XVIII
TEXAS LAW TO APPLY
18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Brazos County, Texas.
ARTICLE XIX
VENUE
19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas.
ARTICLE XX
LEGAL CONSTRUCTION
20.01 In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any
other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained therein.
ARTICLE XXI
PRIOR AGREEMENTS SUPERSEDED
21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior
understandings or written or oral Agreement between the parties respecting the within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or
an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the
children placed in the Facility by the Judge of Falls, Milam, and Robertson Counties having juvenfle jurisdiction
ARTICLE XXII
PRISON RAPE ELIMINATION ACT
22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and
standards applicable to the provision of services described herein and the performance of all obligations
undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which
establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons,
including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and
sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)]
Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the
CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation.,
and all such data may be requested by the Department of Justice from the previous calendar year no later than
June 30th [PREA §115.387(e) and (f)]
Vol.
i
Falls, Milam, and Robertson Counties
Probation Department
Falls, Milam, and Rob s n Counti
Authorized Official
BRAZOSCOUNTY
Brazos County
Doug Vance,/hD
Executive Director
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2018 -December 31, 2018
Justice Center
�w
Duane Peters
Chairman, Brazos County Juvenile Board
COURT
ON I✓etU Y I IJy n., 2011 , FULLY EXECUTED
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
IN DUPLICATE, EACH OF
BRAZOS COUNTY �\
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: December 28. 2017
ITEM: Consider and take action on approval of agreement between Brazos County and Gessner
Engineering, for professional/civil engineering services for creek bank restoration project on
Leonard Road: and approval of cost estimate of $86.900.00 for services. Site is located in
Precinct 4. Brazos County. Texas.
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
SUBMITTED BY:
-L L� - - -
Gary A6old
County Road Administrator
CC2017
This Re u s its ,A,P roved �r) Denied by Commissioners' Court
Date: �'tf� I Z _ _ ---
E. Duane Peters, County Judge
V� .
1 � �
A
GESSNER
ENGINEERING
November 30, 2017
Mr. Gary Arnold
Brazos County
2617 W. Highway 21
Bryan, Texas 77803
979.822.2127
garnold@brazoscountyLx.gov
Re: Proposal for Professional Services- Civil Engineering
Leonard Road
Brazos County, Texas
Proposal Number: P17-0742-01
Dear Mr. Arnold:
Gessner Engineering is pleased to submit this proposal to provide civil engineering services for the above referenced project.
We understand that this Proposal for Professional Services and attachments, when signed, will serve as our entire Agreement
unless superseded by another document signed by both parties. If this proposal is acceptable, please sign where indicated
and return the signed copy to us. This proposal is valid for 90 days.
Please forward all questions to the project manager that has been assigned to you.
Sean Ray, P.E.
sray@gessnerengineering.com
We appreciate the opportunity to provide these services and look forward to being a part of your project team.
Sincerely,
GESSNER ENGINEERING, F-7451
Katelyn D. Jumper
Proposal Coordinator
CD AEGE ST4TtON . n yhl �iNPNI Al � ':; � � :O2T t�pn ,' - XN UNe� • �.
Vol.
CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MAT ERIALSTESTING
PROPOSAL FOR PROFESSIONAL SERVICES - CIVIL ENGINEERING
LEONARD ROAD, BRAZOS COUNTY
PROJECT DESCRIPTION
We understand the project consists of the civil site design and analysis for the rehabilitation of Leonard Road located in Brazos
County.
SCOPE OF SERVICES
The civil engineering scope will include the following services:
• Coordinate existing public infrastructure documentation
• Layout, analysis, and design of proposed street rehabilitation and drainage structures
Design necessary grading
• Coordinate and obtain necessary permits
• Provide necessary Engineer's opinion of probable construction cost
In addition to the services listed above, see details on design service inclusions by phase.
INITIAL SETUP
Develop project management plan and kickoff project
Project reconnaissance
Research public and franchise utilities and obtain record drawings
Research permitting requirements
PRELIMINARY ENGINEERING REPORT
Evacuate impacts of proposed improvements to existing field conditions
Determine final scope of project
Prepare and present preliminary engineering report
30% DESIGN PHASE
Prepare street and drainage conceptual designs
Perform preliminary hydrologic and hydraulic analysis
Create preliminary plans and specifications
Prepare preliminary Engineer's opinion of probable construction cost
Submit for preliminary approval
Begin TxDOT coordination for intersection design
60% DESIGN PHASE
Address all comments
Street and drainage designs
Final hydrologic and hydraulic analysis
— - - - Prepareplansand.specifications-_:.-
Prepare updated Engineer's opinion of probable construction cost
Submit for review
90% DESIGN PHASE
Address all comments
Prepare final street and drainage designs
Finalize plans and specifications
Prepare supplementary conditions as necessary to be included Brazos County Construction Contract Documents
Prepare final Engineer's opinion of probable construction cost
Submit for Brazos County review
PERMITTING PHASE
• Submit necessary documentation for USACE Nationwide Permit or Section 404
• Make necessary revisions for permit approval
GESSNER ENGINEERING Vol pg.
CIVIL STRUCTURAL GEOTECHNICAL LANG SURVEYING CONSTRUCTION MATERt4LYT
PROPOSAL FOR PROFESSIONAL SERVICES - CIVIL ENGINEERING
LEONARD ROAD, BRAZOS COUNTY
100% DESIGN PHASE
Address all comments
Finalize plans and specifications
Prepare final Engineers opinion of probable construction cost
Prepare bid package
Submitfor approval
BIDDING AND NEGOTIATION PHASE
Conduct pre-bid meeting
Address any questions or comments and issue necessary addenda
Review submittals and product bid tabulation
Make recommendations of most responsive bidder
CONSTRUCTION ADMINISTRATION PHASE
Conduct pre -construction meeting
Respond to all RFIs
Review all shop drawings and submittals
Conduct routine scheduled project meetings
Conduct project site visits
Review all pay applications
Review and make recommendations for any change orders
Conduct project walk-through
Prepare substantial completion project punch list
Recommend project final completion and readiness for final payment
Produce all close-out documents and record drawings
EXCLUSIONS
The following items are excluded from the scope of this agreement:
Platting, re- platting, zoning, or re -zoning
Landscape architectural design or irrigation design
Mechanical, Electrical, or Plumbing design
Design or specification of backflow preventers
Design or specification equipment required for codes other than applicable development codes
Extension of public water and sanitary sewer
Design of site structural components as part of this phase
Design of any areas not associate with the scope of this proposal
Mitigation of the site due to flood hazard conditions
---•-SWPPPmoniLoringanireportinq-----•--_.a .__—_ __�___—. ____.• ._- _..- ____
Topographic survey
Traffic impact analysis.
PROJECT SCHEDULE
Gessner Engineering will determine a reasonable design schedule appropriate for the Project. In order for us to proceed with
services, the following information shall be provided by the Client in a timely manner:
Executed copy of the Proposal for Professional Services
Site specific geotechnical investigation and report
Site specific right of way, easement, utility and topographic survey information in Auto CAD format with ASCI point
data and existing ground surface XML data
Scheduling does not take place until we receive all of the above information.
Vol. �.CJ.. X41•
GESSNER ENGINEERING
CIVIL STRUCTURAL GEOTECHNICAL LANG SURVEYING CONSTRUCTION MATERIALS TESTING
PROPOSAL FOR PROFESSIONAL SERVICES - CIVIL ENGINEERING
LEONARD ROAD, BRAZOS COUNTY
FEE BREAKDOWN
The fee for civil engineering services, as described in this proposal, will be provided on a lump sum basis.
Initial Setup
54,100
Preliminary Engineering Report
$4,100
300/ Design Phase
512,300
60% Design Phase
$16,400
900/ Design Phase
512,300
Permitting Phase
$9,000
100% Design Phase
58,200
Bidding and Negotiation Phase
54,100
Construction Administration Phase
516,400
TOTAL $86,900
Should the scope of project change after the 60% design phase, additional services will be charged based on the time
required for revisions according to hourly rates. Total fee amount will be invoiced and is for the complete services to be
provided per the above scope. Gessner Engineering, LLC reserves the right to internally reallocate fee amounts to the various
project phases, as necessary, based on the necessary time to complete the work. The number of site visits and inspections
noted is a maximum number. Phase billing is dependent on the completion of that phase and shall not be contingent on
meeting the maximum number of inspections.
If the project is abandoned prior to completion of the design, the fee shall be due the date the project is abandoned and shall
be based upon the percentage of services performed.
Please indicate your acceptance by signing below. Return receipt of this proposal shall provide authorization for Gessner
Engineering to proceed with our services.
Agreed by:
Signature
For: f#-6er9-Arweld- J)LOPe R&5
Brazos County
Date:
GESSNER ENGINEERING
`I_�
CIVIL STRUCTURAL GEOTECHNICAL
LANDSURVEYING CONSTRUCTION MATERIALS TESTING
Ingram,Wallis &Co.,r.c.
CERTIFIED PUBLIC ACCOUNTANTS
December 11, 2017
To Honorable Duane Peters, County Judge
and the Honorable County Commissioners
and Management of Brazos County, Texas
We are pleased to confirm our understanding of the services we are to provide Brazos County,
Texas ("County") for the year ended September 30, 2017. We will audit the financial statements
of the governmental activities, the business -type activities, each major fund, and the aggregate
remaining fund information, including the related notes to the financial statements, which
collectively comprise the basic financial statements, of Brazos County, Texas as of and for the
years ended September 30, 2017. We will also audit the financial statements of the governmental
activities and the general fund, including the related notes to the financial statements of the Brazos
County Health District ("District") as of and for the year ended September 30, 2017.
Accounting standards generally accepted in the United States of America provide for certain
required supplementary information (RSI), such as management's discussion and analysis
(MD&A), to supplement the County's and District's basic financial statements. Such information,
although not a part of the basic financial statements, is required by the Governmental Accounting
Standards Board who considers it to be an essential part of financial reporting for placing the basic
financial statements in an appropriate operational, economic, or historical context. As part of our
engagements, we will apply certain limited procedures to the County's and District's RSI in
accordance with auditing standards generally accepted in the United States of America. These
limited procedures will consist of inquiries of management regarding the methods of preparing the
information and comparing the information for consistency with management's responses to our
inquiries, the basic financial statements, and other knowledge we obtained during our audits of the
basic financial statements. We will not express an opinion or provide any assurance on the
information because the limited procedures do not provide us with sufficient evidence to express
an opinion or provide any assurance. The following RSI, as applicable, is required by U.S.
generally accepted accounting principles and will be subjected to certain limited procedures, but
will not be audited:
1) Management's Discussion and Analysis
2) Pension Plan Information
3) Other Post Employment Benefits Information
T. 979.776.2600 F. 979.774.7759 E. iwc0ingram-wallis.com 2100 East Villa Maria, Suite 100 ' Bryan, Texas 77802
4) Budgetary Comparison Schedules
5) Infrastructure Condition Data
We have also been engaged to report on supplementary information other than RSI that
accompanies the County's financial statements. We will subject the following supplementary
information to the auditing procedures applied in our audits of the financial statements and certain
additional procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the financial statements or to the financial
statements themselves, and other additional procedures in accordance with auditing standards
generally accepted in the United States of America, and we will provide an opinion on it in relation
to the financial statements as a -whole, in a report combined with our auditor's report on the
financial statements:
1) Schedule of expenditures of federal and state awards.
2) Combining and individual nomnajor fund financial statements
The following other information, as applicable, accompanying the financial statements will not
be subjected to the auditing procedures applied in our audits of the financial statements, and our
auditor's report will not provide an opinion or any assurance on that other information.
1) Introductory Section
2) Statistical Section
We will also audit the statements of revenue, expenditures and changes in fund balance — budget
and actual — regulatory basis of the Texas Juvenile Justice Department Grant Funds of Brazos
County, Texas Juvenile . Probation Department, including the related notes to the financial
statements, for the year ended August 31, 2017. The financial statements will be prepared on the
basis of the financial reporting provisions of the Texas Juvenile Justice Department, which is a
basis of accounting other than accounting principles generally accepted in the United States of
America, to comply with the requirements of the Texas Juvenile Justice Department.
We will issue a separate engagement letter covering the Community Supervision and Corrections
Department.
Audit Objectives
The objective of our audits is the expression of opinions as to whether your financial statements
are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting
principles and to report on the fairness of the supplementary information referred to in the second
paragraph when considered in relation to the financial statements as a whole. The objective also
includes reporting on—
Internal control over financial reporting and compliance with provisions of laws,
regulations, contracts, and award agreements, noncompliance with which could have a
material effect on the financial statements in accordance with Government Auditing
Standards.
Internal control over compliance related to major programs and an opinion (or disclaimer
of opinion) on compliance with federal and state statutes, regulations, and the terms and
Vol. �Pg. � 2 S3
conditions of federal and state awards that could have a direct and material effect on each
major program in accordance with the Single Audit Act Amendments of 1996, Title 2 U.S.
Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Uniform Guidance), and the State
of Texas Single Audit Circular.
The Government Auditing Standards report on internal control over financial reporting and on
compliance and other matters will include a paragraph that states that (1) that the purpose of the
report is solely to describe the scope of testing of internal control and compliance and the results
of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or
on compliance, and (2) that the report is an integral part of an audit performed in accordance with
Government Auditing Standards in considering the entity's internal control and compliance. The
Uniform Guidance and State of Texas Single Audit Circular report on internal control over
compliance will include a paragraph that states that the purpose of the report on internal control
over compliance is solely to describe the scope of testing of internal control over compliance and
the results of that testing based on the requirements of the Uniform Guidance and the State of
Texas Single Audit Circular. Both reports will state that the report is not suitable for any other
purpose.
Our audits will be conducted in accordance with auditing standards generally accepted in the
United States of America; the standards for financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States; the Single Audit Act
Amendments of 1996; and the provisions of the Uniform Guidance and the State of Texas Single
Audit Circular, and will include tests of accounting records, a determination of major program(s)
in accordance with the Uniform Guidance and the State of Texas Single Audit Circular, and other
procedures we consider necessary to enable us to express such opinions. We will issue written
reports upon completion of our Single Audit(s). Our reports for the County will be addressed to
the Honorable Duane Peters, County Judge and the Honorable County Commissioners of Brazos
County, Texas. Our reports for the District will be addressed to the Brazos County Board of Health.
We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise
in which it. is necessary for us to modify our opinions or add emphasis -of -matter or other -matter
paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in
advance. If, for any reason, we are unable to complete the audits or are unable to form or have not
formed opinions, we may decline to express opinions or issue reports, or may withdraw from this
engagement.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in
the financial statements; therefore, our audits will involve judgment about the number of
transactions to be examined and the areas to be tested. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluating the overall presentation of the financial
statements. We will plan and perform the audits to obtain reasonable assurance about whether the
financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent
financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental
regulations that are attributable to the government or to acts by management or employees acting
Fa2� Pg.-��-�.-
on behalf of the government. Because the determination of abuse is subjective, Government
Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal
control, and because we will not perform a detailed examination of all transactions, there is a risk
that material misstatements or noncompliance may exist and not be detected by us, even though
the audits are properly planned and performed in accordance with U.S. generally accepted auditing
standards and Government Auditing Standards. In addition, an audit is not designed to detect
immaterial misstatements or violations of laws or governmental regulations that do not have a
direct and material effect on the financial statements or on major programs. However, we will
inform the appropriate level of management of any material errors, any fraudulent financial
reporting, or misappropriation of assets that come to our attention. We will also inform the
appropriate level of management of any violations of laws or governmental regulations that come
to our attention, unless clearly inconsequential, and of any material abuse that comes to our
attention. We will include such matters in the reports required for a Single Audit. Our
responsibility as auditors is limited to the period covered by our audits and does not extend to any
later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the physical existence of inventories, and direct
confirmation of receivables and certain other assets and liabilities by correspondence with selected
individuals, funding sources, creditors, and financial institutions. We will request written
representations from your attorneys as part of the engagements, and they may bill you for
responding to this inquiry. At the conclusion of our audits, we will require certain written
representations from you about your responsibilities for the financial statements; schedule of
expenditures of federal and state awards; federal and state award programs; compliance with laws,
regulations, contracts, and grant agreements; and other responsibilities required by generally
accepted auditing standards.
Audit Procedures—Internal Control
Our audit will include obtaining an understanding of the government and its environment,
including internal control, sufficient to assess the risks of material misstatement of the financial
statements and to design the nature, timing, and extent of further audit procedures. Tests of
controls may be performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the financial statements and to
preventing and detecting misstatements resulting from illegal acts and other noncompliance
matters that have a direct and material effect on the financial statements. Our tests, if performed,
will be less in scope than would be necessary to render an opinion on internal control and,
accordingly, no opinion will be expressed in our report on internal control issued pursuant to
Government Auditing Standards.
As required by the Uniform Guidance and the State of Texas Single Audit Circular, we will
perform tests of controls over compliance to evaluate the effectiveness of the design and operation
of controls that we consider relevant to preventing or detecting material noncompliance with
compliance requirements applicable to each major federal and state award program. However, our
tests will be less in scope than would be necessary to render an opinion on those controls and,
Vol. �_� pg. �✓�
accordingly, no opinion will be expressed in our report on internal control issued pursuant to the
Uniform Guidance and the State of Texas Single Audit Circular.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies or material weaknesses. However, during the audits, we will communicate to
management and those charged with governance internal control related matters that are required
to be communicated under AICPA professional standards, Government Auditing Standards, the
Uniform Guidance and the State of Texas Single Audit Circular.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatement, we will perform tests of Brazos County's compliance with provisions of
applicable laws, regulations, contracts, and agreements, including grant. agreements. However, the
objective of those procedures will not be to provide an opinion on overall compliance and we will
not express such an opinion in our report on compliance issued pursuant to Government Auditing
Standards.
The Uniform Guidance and the State of Texas Single Audit Circular require that we also plan and
perform the audit to obtain reasonable assurance about whether the auditee has complied with
federal and state statutes, regulations and the terms and conditions of federal and state awards
applicable to major programs. Our procedures will consist of tests of transactions and other
applicable procedures described in the OMB Compliance Supplement for the types of compliance
requirements that could have a direct and material effect on each of Brazos County's major
programs. The purpose of these procedures will be to express an opinion on Brazos County's
compliance with requirements applicable to each of its major programs in our report on compliance
issued pursuant to the Uniform Guidance and the State of Texas Single Audit Circular.
Management Responsibilities
Management is responsible for (1) designing, implementing, and maintaining effective internal
controls, including internal controls over federal and state awards, and for evaluating and
monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (2)
following laws and regulations; (3) ensuring that there is reasonable assurance that government
programs are administered in compliance with compliance requirements; and (4) ensuring that
management and financial information is reliable and properly reported. Management is also
responsible for implementing systems designed to achieve compliance with applicable laws,
regulations, contracts, and grant agreements. You are also responsible for the selection and
application of accounting principles; for the preparation and fair presentation of the financial
statements, schedule of expenditures of federal and state awards, and all accompanying
information in conformity with U.S. generally accepted accounting principles; and for compliance
with applicable laws and regulations (including federal and state. statutes) and the provisions of
contracts and grant agreements (including award agreements). Your responsibilities also include
identifying significant contractor relationships in which the contractor has responsibility for
program compliance and for the accuracy and completeness of that information.
Vol. G� °9.
Management is also responsible for making all financial records and related information available
to us and for the accuracy and completeness of that information. You are also responsible for
providing us with (1) access to all information of which you are aware that is relevant to the
preparation and fair presentation of the financial statements, (2) access to personnel, accounts,
books, records, supporting documentation, and other information as needed to perform an audit
under the Uniform Guidance and the State of Texas Single Audit Circular, (3) additional
information that we may request for the purpose of the audit, and (4) unrestricted access to persons
within the government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements
and confirming to us in the management representation letter that the effects of any uncorrected
misstatements aggregated by us during the current engagements and pertaining to the latest period
presented are immaterial, both individually and in the aggregate, to the financial statements taken
as a whole.
You are responsible for the design and implementation of programs and controls to prevent and
detect fraud, and for informing us about all known or suspected fraud affecting the government
involving (1) management, (2) employees who have significant roles in internal control, and (3)
others where the fraud could have a material effect on the financial statements. Your
responsibilities include informing us of your knowledge of any allegations of fraud or suspected
fraud affecting the government received in communications from employees, former employees,
grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that
the government complies with applicable laws, regulations, contracts, agreements, and grants.
Management is also responsible for taking timely and appropriate steps to remedy fraud and
noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that
we report. Additionally, as required by the Uniform Guidance and the State of Texas Single Audit
Circular, it is management's responsibility to evaluate and monitor noncompliance with federal
and state statutes, regulations, and the terms and conditions of federal and state awards; take
prompt action when instances of noncompliance are identified including noncompliance identified
in audit findings; promptly follow up and take corrective action on reported audit findings; and
prepare a summary schedule of prior audit findings and a separate corrective action plan.
You are responsible for identifying all federal and state awards received and understanding and
complying with the compliance requirements, and for preparation of the schedule of expenditures
of federal and awards (including notes and noncash assistance received) in conformity with the
Uniform Guidance and the State of Texas Single Audit Circular. You agree to include our report
on the schedule of expenditures of federal and state awards in any document that contains and
indicates that we have reported on the schedule of expenditures of federal and state awards. You
also agree to include the audited financial statements with any presentation of the schedule of
expenditures of federal and state awards that includes our report thereon. Your responsibilities
include acknowledging to us in the written representation letter that (1) you are responsible for
presentation of the schedule of expenditures of federal and state awards in accordance with the
Uniform Guidance and the State of Texas Single Audit Circular; (2) you believe the schedule of
expenditures of federal and state awards, including its form and content, is fairly presented in
accordance with the Uniform Guidance and the State of Texas Single Audit Circular; (3) the
methods of measurement or presentation have not changed from those used in the prior period (or,
Vol._.._.
i
if they have changed, the reasons for such changes); and (4) you have disclosed to us any
significant assumptions or interpretations underlying the measurement or presentation of the
schedule of expenditures of federal and state awards.
You are also responsible for the preparation of the other supplementary information, which we
have been engaged to report on, in conformity with U.S. generally accepted accounting principles.
You agree to include our report on the supplementary information in any document that contains
and indicates that we have reported on the supplementary information. You also agree to include
the audited financial statements with any presentation of the supplementary information that
includes our report thereon. Your responsibilities include acknowledging to us in the written
representation letter that (1) you are responsible for presentation of the supplementary information
in accordance with GAAP; (2) you believe the supplementary information, including its form and
content, is fairly presented in accordance with GAAP; (3) the methods of measurement or
presentation have not changed from those used in the prior period (or, if they have changed, the
reasons for such changes); and (4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of
audit findings and recommendations. Management is also responsible for identifying and
providing report copies of previous financial audits, attestation engagements, performance audits,
or other studies related to the objectives discussed in the Audit Objectives section of this letter.
This responsibility includes relaying to us corrective actions taken to address significant findings
and recommendations resulting from those audits, attestation engagements, performance audits, or
studies. You are also responsible for providing management's views on our current findings,
conclusions, and recommendations, as well as your planned corrective actions, for the report, and
for the timing and format for providing that information.
With regard to using the auditor's report, you understand that you must obtain our prior written
consent to reproduce or use our report in bond offering official statements or other documents.
With regard to the electronic dissemination of audited financial statements, including financial
statements published electronically on your website, you understand that electronic sites are a
means to distribute information and, therefore, we are not required to read the information
contained in these sites or to consider the consistency of other information in the electronic site
with the original document.
Engagement Administration, Fees, and Other
While we do not anticipate using third -party service providers, we may from time to time, and
depending on the circumstances and with your consent, use third -party service providers in serving
your account. We may share confidential information about you with these service providers, but
remain committed to maintaining the confidentiality and security of your information.
Accordingly, we maintain internal policies, procedures, and safeguards to protect the
confidentiality of your personal information. In addition, we will secure confidentiality agreements
with all service providers to maintain the confidentiality of your information and we will take
reasonable precautions to determine that they have appropriate procedures in place to prevent the
unauthorized release of your confidential information to others. In the event that we are unable to
secure an appropriate confidentiality agreement, you will be asked to provide your consent prior
to the sharing of your confidential information with the third -party service provider. Furthermore,
we will remain responsible for the work provided by any such third -party service providers.
We understand that your employees will prepare all cash, accounts receivable, or other
confirmations we request and will locate any documents selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of the Data
Collection Form that summarizes our audit findings. It is management's responsibility to
electronically submit the reporting package (including financial statements, schedule of
expenditures of federal and state awards, summary schedule of prior audit findings, auditors'
reports, and corrective action plan) along with the Data Collection Form to the federal audit
clearinghouse. We will coordinate with you the electronic submission and certification. If
applicable, we will provide copies of our report for you to include with the reporting package you
will submit to pass-through entities. The Data Collection Form and the reporting package must be
submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months
after the end of the audit period.
We will provide copies of our reports to Brazos County; however, management is responsible for
distribution of the reports and the financial statements. Unless restricted by law or regulation, or
containing privileged and confidential information, copies of our reports are to be made available
for public inspection.
The audit documentation for this engagement is the property of Ingram, Wallis & Company, P.C.
and constitutes confidential information. However, subject to applicable laws and regulations,
audit documentation and appropriate individuals will be made available upon request and in a
timely manner to the cognizant or oversight agency for audit or its designee, a federal or state
agency providing direct or indirect funding, or the U.S. Government Accountability Office for
purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight
responsibilities. We will notify you of any such request. If requested, access to such audit
documentation will be provided under the supervision of Ingram, Wallis & Company, P.C.
personnel. Furthermore, upon request, we may provide copies of selected audit documentation to
the aforementioned parties. These parties may intend, or decide, to distribute the copies or
information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after
the report release date or for any additional period requested by the cognizant agency, oversight
agency for audit, or pass-through entity. If we are aware that a federal or state awarding agency,
pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies)
contesting the audit finding for guidance prior to destroying the audit documentation.
We expect to begin our audits in early December and to issue our reports no later than March 15.
Tom Wallis is the engagement partner and is responsible for supervising the engagements and
signing the reports or authorizing another individual to sign them.
Vol. v�y✓`� pg, o��%
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as
report reproduction, word processing, postage, travel, copies, telephone, etc.). Our standard hourly
rates vary according to the degree of responsibility involved and the experience level of the
personnel assigned to your audits. Our invoices for these fees will be rendered each month as work
progresses and are payable within 30 days of presentation and approval by the Commissioners'
Court. In accordance with our firm policies, work may be suspended if your account becomes
overdue and may not be resumed until your account is paid in full. If we elect to terminate our
services for nonpayment, our engagement will be deemed to have been completed upon written
notification of termination, even if we have not completed our report(s). You will be obligated to
compensate us for all time expended and to reimburse us for all out-of-pocket costs through the
date of termination. The above is based on anticipated cooperation from your personnel and the
assumption that unexpected circumstances will not be encountered during the audits. If significant
additional time is necessary, we will discuss it with you before we incur the additional costs.
You have requested that we provide you with a copy of our most recent external peer review report
and any subsequent reports received during the contract period. Accordingly, our 2014 peer review
report accompanies this letter.
We appreciate the opportunity to be of service to Brazos County, Texas and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please
let us know. If you agree with the terms of our engagement as described in this letter, please sign
the enclosed copy and return it to us.
Very truly yours,17
K.
Ingram, Wallis & Company, P.C.
RESPONSE:
This letter correctly sets forth the understanding of Brazos County, Texas.
Title:
Date:
signature:
signature:
r1LffZA& 11
Vol. Pq. .� /��
Davis Kinard &Go, PC
CERT!!'!F.D PL'UL1C :ICCOL'T'T4('
Quality. Integrity. Knowledge.
System Review Report
September 19, 2014
First Financial Bank Building
400 Pine Street, Ste. 600, Abilene, TX 79601
325.672.4000 / 800.588.2525 / f: 325.672.7049
w .dkcpaxcnn
To the Shareholders of
Ingram, Wallis & Company, P.C.
and the Peer Review Committee of the Texas Society of Certified Public Accountants
We have reviewed the system of quality control for the accounting and auditing practice of Ingram,
Wallis & Company, P.C. (the fine) in effect for the year ended June 30, 2014. Our peer review was
conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established
by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our
peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and
extent of our procedures. The firm is responsible for designing a system of quality control and complying
with it to provide the firm with reasonable assurance of performing and reporting in conformity with
applicable professional standards in all material respects. Our responsibility is to express an opinion on
the design of the system of quality control and the firm's compliance therewith based on our review. The
nature, objectives, scope, limitations of, and the procedures performed in a System Review are described
in the standards at www.aicpa.ore/prsummarv.
As required by the standards, engagements selected for review included engagements performed under
Government Auditing Standards and an audit of employee benefit plans.
In our opinion, the system of quality control for the accounting and auditing practice of Ingram, Wallis
& Company, P.C. in effect for the year ended June 30, 2014, has been suitably designed and complied
with to provide the firm with reasonable assurance of performing and reporting in conformity with
applicable professional standards in all material respects. Firms can receive a rating of pass, pass with
deficiency(ies) or fail. Ingram, Wallis & Company, P.C. has received a peer review rating of pass.
Certified Public Accountants
vol. G3' Pg. i/
ARCHIVAL INDEXING OF PLATS
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4294
0
Contract No. 18-095
Page 1 of 9 Pages
GENERAL REQUIREMENT FOR CONTRACT
I John Woolf as a duly authorized -representative of Kofile Technologies, Inc.
"Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos
County. I further agree to all of the provisions and specifications contained in this contract.
PROJECT TIMELINE
Project will start upon receiving purchase order and will be completed by September 30, 2018.
ASSIGNMENT.__ _., _.__. _ _. ... _ ..
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos. County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contacts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between. Brazos County and the offeror. All price
escalations shall not be accepted and shall be considered a. non„-
response.
Vol.��.=_ t�.'Z9z
Contract No. 18-095
BRAZOS COUNTY, TEXAS Page 2 of 9 Pages
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from Contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed
under terns of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by.Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos
County until the County actually accepts and takes possession of the goods at the point or points of
delivery.
ADDITIONIMODIFICATION OF LOCATIONS OR SERVICES
—~Brazos County- -reserves--dle -might-to.-add locations. ..as._thes.c.add itional._locations maybe, required_
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or constriction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the Contractor's cost in providing the services
anticipated by this contract such change may be treated as anew facility and the procedures provided for
in this section may be followed in detennining an appropriate price.
In the event, Brazos County wishes to add other locations to a group under the contract, a quotation will
be solicited from the incumbent Contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts for services applicable to such location, the portion of
this contract that .applies to such locations is tenninated.- All remaining portions of the contract will
remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of
locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Contractor shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the Contractor may invoice following each
delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon
receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis
only. The Contractor will provide an invoice for each month in which Brazos County is responsible for.
Vol. Fig. 9Jy
Contract No. 18-095
BRAZOS COUNTY, TEXAS Page 3 of 9 Pages
payment, during the duration of the contract. Prior to any and all payments made for goods and/or
services provided under this contract, the Contractor should provide their Taxpayer Identification
Number or Social Security number as applicable. This information must be on file with Brazos County
Auditor's office. Failure to provide this information may result -in a delay in payment and/or back-up
withholding as required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information fortis. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, -as -amended: Texas_Limited-Sales Tax Exemption _Cartificates.will.be_furnished upon written_.,_._ _._.
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of.interpretation of any part
of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this contract and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this contract shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 of seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements. Potential vendors are advised they may have
disclosure requirement pursuant to Texas Local Government Code, Chapter 176.
This law requires persons desiring to do business with. the County to disclose any gifts that have an
aggregate value in excess of $250.00 given to any employee of the County, Couinty Official to the
County Official's family members or employment of any employee of the County, County Official or
the County Official's family members during the preceding twelve (12) month period. The disclosure
questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,
Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject
to Texas State and Federal public information statutes.
'vol. o� L—y - P9
l
Contract No. 18-095
BRAZOS COUNTY, TEXAS Page 4 of 9 Pages
DISQUALIFICATION OF OFFEROR
Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be
that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these.
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to. any detail, or the apparent omission from it of a detailed
description concerning any point, shalt be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement: The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terns
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
Contract No. 18-095.
BRAZOS COUNTY, TEXAS Page 5 of 9 Pages
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of
Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M.
Best Rating of AA cr (such companies to be acceptable to Brazos County) licensed to write insurance in
the state of Texas, showing that the Contractor is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers LiabiliV Insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC See. 401.011)
(2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners Court/Risk Management.
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
---- -----propelled-vehicles-used..in_conection with the, contract,, whether ovvhed, non owned or hired.
Waiver of subrogation is required.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until, at least 30 days prior written notice has
been given to Brazos County.
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the contract, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any contract terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGES/WAGES
Nothing in this contract shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for, Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages,
materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
Vol.
Contract No. 18-095
BRAZOS COUNTY, TEXAS Page 6 of 9 Pages
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that anises from any act or omission made within the course and scope of this ,contract.
The parties understand and agree that Brazos County does not assume civil liability under any theory of
law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed
parties from time to tin
following addresses:
_.XONTRACTOR:,_...
Sales Contact Name:.
Jerry C. Cobb
to the addresses designated herein or as may be designated in writing by the
e and shall be deemed received when sent postage prepaid U.S. Mail to the
BRAZOS COUNTY:
Brazos County, Texas
Duane'Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
Phone Number:
214-351-4800
Dallas, TX 75235
Billing Info:
ASSIGNABILITY
This contract may not be assigned without the prior written permission of Brazos County.
Contracts
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
contract and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this contract shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
ENTIRE CONTRACT
Thiscontractrepresents the entire and integrated agreement between Brazos County and the Contractor
and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract
may only be amended by written instrument approved and, executed by the parties.
Contract No. 18-095
.BRAZOS COUNTY, TEXAS Page 7 of 9 Pages
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be Detained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the.State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods. required by state or federal law regarding retention of
records; the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted witlrrespect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
,this..contract.i£evidenca exists.ofless.than.fitll.comp]iance with _ .......
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of.his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County,, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
Contract No. 18-095
BRAZOS COUNTY, TEXAS Page 8 of 9 Pages
HOUSE BILL 89 & DEBARMENT VERFICATION
Brazos County is federally mandated to adhere to the directions provided in the President's Executive
Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting
Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective
9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the
Federal General Services Administration's Excluded Patties List System (EPLS, https://www.sam.gov),
which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list. Respondent certifies that the responding entity and its principals are
eligible to participate in this transaction and have not been subjected to suspension, debarment, or
similar ineligibility determined by any federal, state or local governmental entity and that Respondent is
in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is
not listed on the federal government's terrorism watch list as described in Executive Order 13224.
Entities ineligible for federal procurement are listed at haps://www.sain.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized execute this
contract.
The company representative below further affirms that the company submitting this proposal, under the
provisions of Subtitle F, Title 10, and Government Code Chapter 2270:
_ .. ..._..._,L,_ Does not boycott.Israel_cuirently.;,and _._._._. _._.___..__ .....__. ..
2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1: `Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action made or ordinary
business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent
company or affiliate of those entities or business associations that exist to make profit.
Company Name: KofileTechnologies, Inc.
Authorized Company Representative: John Woolf, CFO
Address: 6300 Cedar Springs Rd., Dallas, TX 75235
12/18/2017 v Contract #;18-095
BRAZOS COUNTY, TEXAS
Contract No. 18-095
Page 9 of 9 Pages
CERTIFICATION OF BID
The undersigned further affirms the non -debarment statement above, that they are duly authorized
execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the.
contents of this bid have not been communicated to any other vendor prior to the official opening of this
bid.
Signed By: i� Title: CFO
Typed Name: Joh . Woolf
Company Name: Kofile Technologies, Inc. Phone No. 214-351-4800
Email Address; preserve@kofile.us
Mailing Address: 6300 Cedar Springs Rd. Dallas TX 75235
_,.__.._.P...O._Box.or.Street_.._._. _.__.._City__
Employer Identification Number: 26-4034328
Social Security Numbers
r e� issioners' Com
ton this C7` day of LCFr�Jlll/�QyL017 by
Holding the position of % ��
L.—r4limit J ff I
K®F 1LETECH NOLOGIES
November 10, 2017
Honorable Karen McQueen
Brazos County Clerk
300 E. 26th Street, Suite 120
Bryan, TX 77803
RE: Archival Indexing of Plats
Dear Hon. Karen McQueen,
This proposal addresses the full service indexing of 5,800 Plats for the Brazos County Clerk's
Office by Kofile Technologies, Inc. This project is dependent on the accessibility to the plat
images (noted as on a hard drive). Kofile will index each, and import the index data to the
Vanguard Records Management System following its install.
This project may require 'look -ups' to verify the plat index data and filing information in
comparison to the original Deed Records. This is an in-house process, as Kofile has access
to the Deed Records. As per similar projects, at times the plat will refer to a previously filed
deed for certain common document info required for indexing purposes. Under those
conditions Kofile send a list for the County Clerk to do the look ups.
LOCATION OF WORK
Kofile is a Texas-based company and takes pride in providing services without reliance on
offshore indexing subcontractors. Low -bid by other vendors, rely on offshore indexing to
India, the Philippines, China, etc. These low -bid project often necessitate the County
seeking re -indexing. While Kofile's corporate facility is located at 6300 Cedar. Springs Road,
Dallas, TX. This location has a department solely dedicated to indexing, and staffs indexers
with incomparable experience.
ARCHIVAL INDEXING
Data integrity is essential. Kofile's goal is to provide consistently keyed fields. Kofile's
proprietary indexing software and keying procedures provides proven 99.25% accuracy.
This will improve document retrieval and build a dependable, searchable database for
Brazos County's staff and patrons.
Prior to indexing, Kofile conducts a comprehensive assessment of the County's indexing
specifications. A thorough examination of the County's particular requirements allows for
accurate and consistent indexes, guaranteeing quick searches for users.
During the assessment, Kofile documents established methods of indexing specific
instruments, clarifying terminology, and determining the standards used to enter names,
dates, and other basic required information. This analysis produces essential information to
ensure the metodata's accuracy and integrity, and identity the following:
1 cross-indexed dorumenis
differentiation helween individual names & corporation names
government deportmenls & agencies
oflernate & alias names
1 ohhreviolioas, titles, & naming ronsistenry(e.g., hyphens, nos., spores, & suffixes
6, 00 CEDAR SPRINGS ROAD, DALLAS, TEXAS 75235
Vol._ G�y n,�1d!1S1 ARIll1 F. 7141JA900 IARMAIVUllFllC
i
During quality control (QC), managers and supervisors internally research and answer
questions about any problematic process. If the County Clerk is required to provide input,
Kofile will directly contact the County for a clarification and/or decision. Client
involvement demonstrates Kofile's pride in building successful professional relationships.
Kofile performs key entry at least twice for every field. Amendments are communicated to
the County with an exception list so the County to match and scan the amendment and
record themselves. With Kofile's quality assurance, each field is blind -keyed three times:
/ Following initial entry, the record displays to a second technician who also keys the field ("blind re -key").
/ The software compares the entries. If they do not match, the record is sent to a supervisor.
/ This supervisor identifies the problem with the field entry and determines if it is a one-time keying error
or a prevailing issue. The supervisor decides if a new keying standard is needed.
/ The record is then sent to another technician and keyed again.
OWNERSHIP OF DATA
All Brazos County records (including volumes, document, digital images, metadata, and
microfilm) serviced by Kofile remain the property of Brazos County. This policy is applicable
to any agreement, verbal or written, between Brazos County and Kofile.
/ The records are not used by Kofile other than in connection with providing the services pursuant to any
agreement between Kofile and the County.
/ The records are not disclosed, sold, assigned, leased, or otherwise provided to third parties by Kofile.
/ The records are not commercially exploited by or on behalf of Kofile, its employees, officers, agents,
invitees, or assigns, in any respect.
PROJECT PERSONNEL
Kofile understands that projects often continue in multiple phases over many years and
administrations. The Account Manager, Reed Roach, handles all communication with the
County. This ensures that the project is completed on schedule and to the County's
satisfaction. The Account Manager is responsible for project supervision. Kofile's team is
highly experienced, and includes:
Mandy Wiggins, Indexing Group
Wiggins manages the relationship between the imaging and indexing production
groups. She has been at the forefront of software operation and implementation for
over twelve years serving as an expert in document imaging and troubleshooting
database issues. Wiggins's has spent most of her career coordinating business
objectives with client expectations. Her technical background and proficiency in
customer service provide county clients and their customers with a unique, client -
focused approach to enhancing the ease of using government records.
Julie 1100ve1-, Da/n fnlry MnnagOr
Hoover's knowledge, reliability and pursuit of excellence make her an invaluable asset
to our customers and organization. Her career in data entry began in 1981, in which
she began as an operator and moved into a supervisory role. She has worked as a
supervisor in the industry's leading companies in the spanning 35 years. She will work
with the county customer to ensure they received a quality product. Hoover updates
Kofile's indexing standards as needed. She specializes in current and historical data.
BRAZOS COUNTY CLERK
ARCHIVAL INDEXING OF 5,800 PLATS
November l0, 70/7
PAGE 21 4
11 raj:
i
lanire Casey, Indexing Supervisor
Casey oversees keying and verification, and updates the manual for process/
procedures as needed. She is available to answer questions concerning document
interpretation. She oversees the transfer of new documents from Daily Indexing
counties to Internal Systems, and releases indexes to the county. Casey's career in
data entry began in 1980. She has worked as a Lead Data Entry Operator for 36 years.
PROJECT OVERVIEW & PRICE QUOTE
Without a signed agreement, prices are good for 90 days from the date of this proposal. All
pricing is based on estimated plat counts. Final billing occurs on actuals per mutually
agreed upon pricing; not to exceed the P.O. without written authorization. To purchase
via Kofile's GSA contract, then please reference GSA Contract No. GS-35F-275AA on the
County's Purchase Order.
BRAZOS COUNTY
PROJECT"OUOTE
RECORDS SERIES
QUANTITY NIGP DESCRIPTION OF SERVICE
UNIT PRICE
LINE ITEM TOTAL
Plat Record
5,800 plats 92021 Archival Indexing of Plats & Maps
$2.4467/Document
$14,190.86
PROJECT TOTAL
$14,190.86
Archival Indexing—key & blind re -key verify all documents using the following real property index fields:
0 Document Number (if given)
0 Cabinet/Slide
0 Plat Volume (if given)
0 Plat Page (if given)
0 Grantor- Property owner (Dedicator)
0 Grantee -Property name (subdivision name)
0 Property is indexed with Addition name only
IF NO OWNER IS GIVEN, KOFILE INDEXES:
0 Grantor -Property Name
0 Grantee- Public & Plat filing
fxamp/e Public Cabinet -G Slide -61
ut
11L COUNTY PUR LASING VEHICLE:
l7 ACCEPTANCE SA fooperative Purchasing for Local Government via 6SAConlrad& GS-35F7754A
C ® 0th /
O
z l I
= Si,9naluie of b1horwd Coonly 0/fda%liNe Role
U
LU
PURCHASING VIA GSA
L ®j Kofile's federal cooperative purchasing (CO-OP) contract extends to state and local
Ys1 government. This is GSA Schedule 70 Contract No. GS-35F-275AA. Brazos County is eligible
J for to purchase from this contract. This Schedule 70 CO-OP Contract presents professional
information technology labor categories for data conversion & records management
services. Other information pulled from GSA literature that may be helpful includes:
LL ► The Group 70 contract is available for Cooperative Purchasing with state and local
0 BRAZOS COUNTY CLERK PAGE 314
ARCHIVAL INDEXING OF 5,800 PLATS ✓/ 03 G
iNovember 10, 1017 (ttVOL_,_...y._-__._.---------:
governments at any time, for any reason, using any funds available.
It is entirely voluntary.
The eligible vendors are knowledgeable about Cooperative Purchasing. Vendors
are prepared to be a GSA customer's primary point of contact. Furthermore,
customers are free to enter into a Cooperative Purchasing agreement with any
Schedule vendor without involving GSA.
To purchase from GSA, you only need follow Brazos County's applicable purchasing
requirements. When a Purchase Order is issued, it must reference Kofile's GSA Contract
Number GS-35F-275AA. Kofile is responsible for reporting the sale to GSA and there is a
0.75% fee built in the client's quote for the order.
GSA line items are billed per hourly charges for the work performed:
GSA LINE ITEMS
PART NO.
DESCRIPTION
UNIT PRICE
QTY.
LINE ITEM TOTAL
TCS007
Information Assurance Engineer)
565.00/Hour
218.3209
$14,190.86
Please let me know if you have any questions.
Sincerely,
K�-w 1'o"
Reed Roach
Account Manager
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OBRAZOS COUNTY CLERK
ARCHIVAL INDEXING OF 5,800 PLATS
�L November 10, 2017
F
l. ` 9- -2o =-
PAGE 414
COMMISSIONER COURT MINUTES OF
DECEMBER 28, 2017
ARE CONTINUED IN VOLUME 266 PAGE 1
COMMISSIONER COURT MINUTES OF
DECEMBER 28, 2017
ARE CONTINUED FROM VOLUME 265
�;.ts cr rf
F
Brazos County
t i
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
December 20, 2017
Brenco Marketing Phone: 979.260-3835 ext. 13
P.O. Box 3819 Fax: 979-691-8588
Bryan, TX 77805-3819 Email: don@brencomarketing.com
Attn: Don Broach
Re: Renewal of Contract for Fuel with Brazos County 18-0128 previously known as 17-011R, 2016-11R
and 2014 — 73; also known as TAMU Bid # 14-0031 and Aggle Buy Contract # C5535698.
Brazos County would like to exercise the renewal option for the Fuel Contract — Texas A&M Master Agreement #
C5535698. All terms, conditions, and pricing shall remain the same. This renewal is number three (3) of four (4)
renewal options as provided for in the original Master Agreement 14-0031 and #C5535698.
To accept the renewal option, please fill out the information and sign below. Return this letter by email to
Imaness@brazoscountytx.gov, or fax to (979) 361-4293 and submit an original and an updated Certificate of
Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be
issued to continue the agreement from October 1, 2016 through September 30, 2017. Please return acceptance as
soon as possible. If you have any questions, l may be reached at (979) 3614291.
Contact Name: ___.Telephone:�%7��GJ'�g�s
E-MaiIG4D!li r&itGc�/17GYr/�L�7rr� GD✓/IFax: 4 `' lc%`' 8`J�O
BRENCO MARKETING
Donald Broach
�Ibh OS C
Duane Peters, County Judge
Vol. -02 %� - _ �tJ•
/Z -21-i7
Date
Date
I�
Aa ieBuv Contract #
C5535b98
PO Box 3819
Bryan TX 77805
Phone — 979.260-3835
Fax — 979-691-8558
Contact— Don Broach
MASTER ORDER
TEXAS A&M UNIVERSITY, COLLEGE STA71'I0N, TEXAS
Financial Mana_emanl Operations
Attw Accounts Payable
6000 TAMU
College Station,'IX 77843-6000
United States
This Master Order shall be effective as of September 1, 2017 and pertains to all goods and/or services covered by Texas A&M University
AggicBuy Contract #C5535698.
This document is NOT considered as an order to ship from. Individual milers and/or requests for seryices i s a. result of this Master Order
shall be requested on an as needed basis.
L Vendor -shall provide goods and/or services as designated on attached specifications, terms and conditions as stated in Invitation -
lo -Bid # 14-0031 and any addenda thereto, are all made n part hereof andcollectively evidence and constitute Texas A&M University
AggicBuy Contract 4 C5535698.
2. Delivery Information:
Texas A&M University
Transportation Services
Agronomy Road
1376 TANI U
College Station TX 77843-1376
3. Payment shall be made within thirty (30) days after acceptance of goods andlor services and receipt or invoice, whichever is later.
Vendor shall submit one copy of an itemized invoice rererencing the AggieBuy Contract number and any departmental issued
purchase order number. Owner will incur no penalty for late payment if'payment is made in 30 or fewer days from receipt of goods
or services and uncontested invoice.
4. Terni: The term of this Master Order shall- be 1}om September ( 2017 through August 31, 2018. This Master Order may be
renewed for up to one (1) additional year term if mutually agreed to in writing by both parties.
5. PmiRlit Terrns: POD Destination, Freight Prepaid and Allowed
6. Insurance: Vendor shall provide the Texas A&M Purchasing Ageiu listed below certificates of insurance as.required in (tie
specifications prior to performing work on campus.
7. Changes: Any changes to the Master Order must be made in writing by the Texas A&M Purchasing Agent as listed below.
8. Tax.Esemotion: The State of Texas is exempt from all Federal Excise Taxes. Texas A&M University is exempt from slate and
municipal sales taxes under Texas Tax Code, Chapters 151 and 321, et. set., for all purchases made for the exclusive use of Texas
A&M.
9. The laws of the State of Texas shall govern this Master Order.
Vol, G pg.
DIVISION OF FINANCE
PROCUREMENT SERVICES
Reference Bid Invitation - #14-0031— AggieBuy #C5535698
Item #
Item & Description
Qty
Unit
Unit Price
Extension
Delivery
(Days)
Renewal 3 of 4 Year Option.
(C5535698)
This is not an order. It is an informational copy
only, Orders will be placed individually on an as
needed basis.
PAR Requirements
for
Self—Performing Vendors
The HUB Subcontracting Plan (I -ISP) submitted with the
bid response shall become a provision of the purchase
order. The vendor cannot change a subcontracting plan
prior to its incorporation into the purchase order. TAC
20.14 (5). Per the Texas Administrative Code Chapter
20.14, Texas A&M requires the following:
o Vendors self -performing must submit a HUB
Subcontracting Plan (HSP) Prime Contractor
Progress Assessment Report (PAR) to Texas
A&M University on a monthly basis. The
vendor will maintain business records
documenting its compliance with the approved
HSP and will submit a PAR to the Texas A&M
Department of Procurement Services no later
than the 511 calendar day of the month until the
purchase order has been paid in full. TAC
20.14 (d). All PAR's shall be sent via e-mail
to the following address:
hubproeramatamu edu . Payment requests
submitted without the PAR will not he
processed.
o Changes may not be made to the HSP without
prior review and approval from the Texas A&M
Department of Procurement Services. The
vendor shall submit to the TAMU point of
contact provided below a revised HSP if
determined subcontracting will be necessary.
If the selected vendor subcontracts any of the
work without complying with TAC 20.14 and
without prior approval from the Texas A&M
Department of Procurement Services, the
vendor will be deemed to have breached the
purchase order and be subject to any remedial
actions provided by Texas Government Code,
Chapter 2161, state law and TAC 20.14 (6).
1477 TAMU
P.O. Box 30013
CoNege Station, TX 77842-3013
Tel. 979.845.4570 Fax. 979.845.3900
http://purchasing.tamu.edu
�iuvi,enuu.nm.,�.r=w.wwuap.ercn.,,. i.�cssucce eb
Vol.
Pg.
Page 2 of 6
Item #
Item & Description
Qty
Unit
Unit Price
Extension
Delivery
(Days)
Texas A&M will report nonperformance
relative to its purchase order to Texas
Procurement and Support Services in
accordance with TAC 20.105, Subchapter F
relating to the Vendor Performance and
Debarment Program.
Texas A&M Point of Contact
Party Winkler, CTP, CPM.
Phone — 979-845-4556
E-mail p-minkler rnmu. edit
A copy of the PAR can also be found at the following
link:
litIT)7//ivww.window.state.tx.us/proctirement/propfiiub/hub
-subcontractin -Ian/
Blanket Order for Unleaded, Diesel and Bio -Diesel
for various departments on the campus of Texas
A&M University for the period of September 1,
2017 through August 31, 2018, as per the terms,
conditions and mark-up offered in Request for Bid
#14-0031.
Quantities are estimated only and do not guarantee a
purchase. Delivery to be made at times and in
quantities requested by Texas A&M University,
ordering department Upon award, orders will be
placed on an as needed basis.
Any unused quantities as of August 31, 2018 shall
be considered cancelled.
The mark-up shall remain firm for the term of the
agreement including any/all renewal options
provided for in Request for Bid #14-0031.
Mark-up per gallon includes any and all costs
involved in the supply and delivery of all fuels with
the exception of any applicable state fuel tax and the
Petroleum Product Delivery Fee.
Participating entities are exempt from certain
Federal Excise Tax, State Sales and Transportation
Taxes. Entities upon request will execute tax
exemption certificates.
The participating entities are subject to the State of
Texas Road Tax @ $.20/gallon and all entities are
subject to the State of Texas Petroleum Delivery
Fee. These taxes, state imposed fees and unloading
fees are not included in the unit price and will be
itemized on the invoice to the ordering entity (if
Vol. 1;2 � 6 P9
Page 3 of 6
Item #
Item & Description
Qty
Unit
Unit Price
Extension
Delivery
(Days)
applicable) unloading fees are not acceptable.
The only acceptable change in the fees proposed
during the contract term or any extension option
would be in the event the State of Texas or Federal
Government makes adjustments in the fee levels of
the State Petroleum Product Delivery fee or the
Federal Super Fund. The vendor may then pass
these charges on to the entity if sufficient
documentation can be provided for the requested
changes from the respective governing body(s).
Any change in these specific fees will become
effective thirty (30) days after the contractor and the
participating entity agree to the change.
Payment Terms:
Net 30 days, upon acceptance of delivery and
receipt of approved invoice.
The price per gallon of fuel is determined by
applying the mark-up per gallon to the average rack
for bio -diesel and unbranded average per gallon
price listed in the "Oil Price Information Service"
(OPTS) Pad 3 Net Report for Hearne and Houston,
TX as in effect on the day of delivery.
Pricing Formula:
OPIS Price per Gallon + Vendor's Mark-up + 5.20
per gallon tax = Unit Price per Gallon
Renewal of 4:
This is renewal three (3) of a four (4) year option.
This agreement may be renewed for an additional
one (1) year, if agreed upon by both parties with all
terms, conditions and mark-up remaining firm.
Cancellation:
If the suppler fails to perform in the manner
specified in this contract or for reasons such as, but
not limited to, consistent poor service, unsafe habits
or misrepresentation of product, Texas A&M
University shall have the right to cancel the
contract(s) by providing the Supplier with thirty
(30) days written notice.
Upon award, any order is subject to cancellation,
�t 6 6 Pn _.....
Vol. .
Page 4 of 6
Item #
Item & Description
Qty
Unit
Unit Price
Extension
Delivery
(Days)
either in whole or in part, if funds are not
appropriated by the Texas Legislature or otherwise
made available to the end user.
The agreement may be terminated, without penalty,
by Texas A&M without cause by giving thirty (30)
days written notice of such termination.
1.
Unleaded Fuel, 87 Octane
295 113
GAL
2.9307
866646.08
Transport Loads of 7000/gallons
OPIS price as of 7/02/14 was $2.9077
Plus Vendor Mark-Up +.0230
2.
Unleaded Fuel, 87 Octane
5000GAL
Less than full transport truck delivery
Transport Loads of 500/gallons
OPIS price as of 7/02/14 was $2.9077
Plus Vendor Mark-Up +.0900
3.
#2 Diesel, Low Sulfur
GAL
Transport Truck Delivery of 6500/gallons
OPIS price as of 7/02/14 was $2.9816
Plus Vendor Mark-Up $ .0265
4.
#2 Diesel, Low Sulfur
IbUO0
GAL
3.0716
46074.00
Less than full transport truck delivery
Transport Loads of 500/gallons
OPTS price as of 7/02/14 was $2.9816
Plus Vendor Mark-Up $ .0900
5.
Dyed Diesel
EA
Transport Truck Delivery of 6500/gallons
OPIS price as of 7/02/14 was $2.9857
Plus Vendor Mark-Up $ .0265
-TUT57—
-0782.50
6.
Dyed Diesel
GAL
Less than full transport truck delivery
Transport Loads of 500/gallons
OPIS price as of 7/2/14 was $2.9857
Plus Vendor Mark-Up $ .0900
7.
Bio -Diesel, Range of B20, Soybean additive
64426
GAL
3.0585
197046.92
Transport Truck Delivery of 6500/gallons
OPIS price as of 7/02/14 was $2.9795
Plus Vendor Mark-Up $ .0800
Delivery Fee:
/ ----------r/ ac.ewanmm.a.�co.u.muo�eawa�.:ba.. n.as�seeam�
Vol.
Page 5 of 6
Item #
Item & Description
Qty
Unit
Unit Price
Extension
Delivery
(Days)
The Petroleum Product Delivery Fee (Remediation
fee) on each load of gasoline and diesel fuel
imported into Texas or withdrawn from bulk storage
facilities and delivered into cargo tanks or barges.
Fee Schedule:
Gallons Delivered Fee
Less than 2,500 $3.75
2,500 but less than 5,000 $7.50
5,000 but less than 8,000 $11.75
8,000 but less than 10,000 $15.00
Each 5,000 gallon increment on
10,000 gallons or more $7.50
For deliveries of at least 7,000 but less than 8,000
(whether single product type or split load), special
rules apply:
-If the gasoline portion of the delivery is less than
7,000 gallons, the fee is $11.75.
-If the gasoline portion of the delivery is at least
7,000 gallons, the total load is presumed to be at
least 8,000 gallons and the fee is $15.00.
The Fee will expire on September 1, 2011
If you have questions, please call Bryant K. Lomax,
TPCA Manager, Tax Policy Division at 1-800-252-
1383.
Additional Fuel Pricing and Tax Exemptions:
(I)— Excluded, Federal Excise Tax - NA
(2)—Federal Oil Spill Recovery Fee
The Federal Oil Spill Recovery Fee (which may
also be referred to as the Federal Oil Spill Liability
Fund Tax) is currently $0.0019/gallon for clear
gasoline and diesel fuel. However, a lower rate may
apply to the purchase of blended fuels such as E10
gasoline which is $0.0017/gallon. There are no
purchasers exempt from this fee. See IRS
Publication 510, Ch3
V�1 H deb Ma men a\ConLa .V01BSp lcatlon MMU
Page 6 of 6
Item #
Item & Description
Qty
Unit
Unit Price
Extension
Delivery
(Days)
(3) — Federal LUST Tax
The current Federal Leaking Underground Storage
Tank (LUST) tax is $0.001/gallon. The LUST tax
applies to all purchasers. See US master Excise Tax
Guide Chapter 54.
(4) — Texas State Fuel Tax
Gasoline and Diesel Fuel are currently $0.20/gallon
(5) —Texas Load Fee
The Texas Load Fee (which may also be referred to
as the Petroleum Products Delivery Fee) is currently
based upon the withdrawal of petroleum products
into cargo tanks and varies according to the net total
gallons of all products withdrawn. This fee ranges
from $3.75 to $15.00 based on number of gallons.
See HB 2694.
10.
Fe era Or i I Recovery Fee, a ective 109 —
a
for Gasoline 2
11.
Federal Oil Spill Recovery Fee, a ective 1770-9—
Gal
0.0019
0.0019
for Diesel 2
12.
I�Rerai LUT Fax 3)— for Gasoline & Diesel
a
13.
App ica a Texas tate Tue Tax — or Gasoline
a
and Diesel
14.
TXLoad Fee (5 — For Gaso me and Dieselo
Ran a of ricm - $3.75 - $15.00
Transfer Fee, per hour—one (1) driver and one (1) truck
1
HR
65.00
65.00
15.
to transfer fuel from TAMU F&B Station to Utility Plant.
Va�1� %v Pg. _ ,,_
i�
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-429D FAX (979) 361-4293
December 14, 2017
Shirley Bailey
Bailey Concessions
6430 CR 313
Navasota, TX 77868
Re. Renewal of Conrrnerfor Concession Services 418-10011 previouslyknown ar 417-003R with
Baihev Concessions,
Brazos County appreciates the quality work your company has provided and syould like to exercise the
renetyal..option for Contract jar Concession Servicer Wilk Bailey Concessibas.
All terns, conditions, and pricing shall remain the same. This renewal will be for one year and will start
3anuarn, 0 1. 2018 and will continue until December 31; 2018.
"fo accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to Imaness@btazoscowitvicgov or fax to (979) 361-4293. Please then submit the
original .signed documents and an updated Certificate of Insurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)
361-4284.
SkiContact Name: S 1 i r�'w �-4I I (4-- _Telephone: ""p._U-1 s?D! 3
E -Mail: S O \I&IXOO til Fac
SHIRLEY BAILEY: D/B/A BAILEY CONCESSIONS
Authorized Signature Date
COUN '
12f Z�� I'1
Duanc Peters, County Judge Date
Vol. ,;I- �6 P�j /O
Agreement -,:ter the Operation and Mainte�.aAce of The
Brazos County Exposition Complex Concession ("Agreement")
This Agreement is effective on the date of signature by the Brazos County Judge
hereto, after formal approval by the Brazos County Commissioners Court, and is
made and entered into between Brazos County, a political subdivision of the
State of Texas (hereinafter "County"), on behalf of the Brazos County Exposition
Complex (hereinafter "Facility') and Shirley J. Bailey, d/b/a Bailey Concessions,
(hereinafter "Bailey Concessions" or "Concessionaire").
WHEREAS the County seeks a Concessionaire to undertake and provide
services to the public which includes the selling of food and beverages at the
Facility; and,
WHEREAS, the County further finds Bailey Concessions meets the criteria set
forth in TEx. LOCAL_ GOVT CODE ANN. §262.024; and,
WHEREAS, the principal purpose of County in entering into this Agreement is to
serve the public by providing concession service, subject to all legal
requirements and obtaining all necessary permits;
NOW, THEREFORE, in consideration of the Premises, as defined below, and of
the terms, covenants and conditions hereinafter contained to be kept and
performed by the respective parties, it is agreed as follows:
SECTION 1. DEFINITIONS
For the purpose of this Agreement, the following words and phrases are defined
and shall be construed as hereinafter set forth:
Concession Services: The sale of all food and non-alcoholic beverages to
the general public in attendance at an Facility sanctioned event, but does not
include meal/beverage catering.
SECTION 2. PERMISSION GRANTED
For and in consideration of the payment of the fees and charges as hereinafter
provided, and subject to all of the terms, covenants, and conditions of this
Agreement, County hereby grants to Concessionaire, subject to all of the terms
and conditions of this Agreement, the exclusive right and obligation within the
Concession to: provide concession service, to include the sale of food and non-
alcoholic beverages subject to all legal requirements and obtaining of all
necessary permits; and not for any other purpose without the prior written
consent of the County. The Concession right herein granted shall be carried on
at the Facility solely within the limits and confines of said areas designated as
Premises (Exhibit A) in This Agreement. No temporary stands or other places of
operation shall be allowed at any other time without the express written
permission of the County, through the Director of Special Event Facilities for the
County ("Director"). The County shall have the right, at a maximum of four times
per year, to authorize and permit concession food and beverage sales by other
vendors in designated areas outside of permanent concession stands. For
H:\Draft- Revised Concessions Agreement 2097--December_1.,-2016.doc _ Page 1
Ff,.
purposes of illustration! such events include, but are nu:t,,,4.!cessarily limited, to
the Brazos County Youth Livestock Show, a future regional/mid major fair or any
other future major/mid major fair or festival.
Concessionaire shall: Serve quality food and beverages; schedule and provide
full maintenance of the Premises under its control; employ, train and supervise
personnel with appropriate qualifications and experience to assist in such
functions; perform or supervise employees in the performance of all other tasks
related to the operation, maintenance and/or repair of the Premises; and pay for
and obtain all licenses and permits necessary for the operation of the
Concession granted, The Concession rights herein granted to Concessionaire
are exclusive and shall include eight (8) permanent concession stands in the
Facility; the sale of food; the sale of non-alcoholic beverages; and a storage area
in the Facility. Other temporary points of sale may be added as County and
Concessionaire may agree.
SECTION 3. PREMISES
The Premises subject to this Agreement are located at 5827 Leonard Road,
Bryan, TX 77807. The Premises to be authorized for use by Concessionaire shall
include the food services and eight (8) permanent concession stands
("Concession Facilities") at the Facility.
SECTION 4. TERM OF AGREEMENT
The initial term of this Agreement shall be twelve (12) months, commencing
January 1, 2017, with two (2) one-year options to renew. Both parties must
provide written notice to the other at least thirty (30) calendar days prior to the
expiration date of this Agreement of the intent to renew this Agreement for the
following year. Neither County, nor any officer, or employee thereof shall be
liable in any manner to Concessionaire because of any action taken to revoke,
decline to exercise an option or disapprove a renewal of the Agreement.
SECTION 5. TIME OF EXECUTION
Unless otherwise provided, this Agreement shall be deemed executed when (1) it
has been signed on behalf of the Concessionaire by the person or persons
authorized to bind the Concessionaire; (2) the Agreement has been approved by
the Brazos County Commissioner's Court; and (3) it has been signed on behalf of
the County by the County Judge or his delegate authorized to enter into the
Agreement.
SECTION 6. RENTAL FEE AND PAYMENT
A. Monthly Rental Fee. As part of the consideration for County's granting the
Concession rights herein above set forth, Concessionaire shall pay to County a
monthly rental fee as follows:
Twenty percent (20%) of the gross receipts for all events, ticketed and non -
ticketed, for all non-alcoholic beverages sales; and twenty percent (20%) of the
gross receipts for all outside (all Pavilions, all Arenas and all other outside space)
ticketed events and five percent (5%) of the gross receipts for non -ticketed
H:1Draft- Revised Concessions Agreement 2-6ecember1-2616:des Page 2
I'd, i.
outside events and-trrketed/non-ticketed inside (Exhib,I,-,`lall and Ballrooms)
events produced by food sales each month;
less applicable retail sales tax or other direct taxes imposed upon receipts
collected from consumer sales for the time period(s) under this Agreement.
The sale of other items must be expressly permitted and approved in writing by
the Director or designee. A percentage of gross receipts will apply and will be
negotiated prior to approval of said items for sale.
B. Payment Due. Said payment shall be due and payable by the fifteenth (15th)
day of each calendar month based on the gross receipts received in each
previous month. Each monthly payment shall be accompanied by a monthly
report showing concession sales during the preceding month with detail on gross
sales by event. The payment and monthly rental report shall be addressed to:
Brazos County Treasurer
200 South Texas Ave., Suite 240
Bryan, TX 77803
With a copy to:
Sales Coordinator Brazos County Exposition Complex
5827 Leonard Road
Bryan, TX 77807
C. Gross Receipts Defined. The term "gross receipts" is defined as the total
amount charged for the sale of any goods or services (whether or not such
services are performed as a part of or in connection with the sale of goods)
provided in connection with this Concession, but not including any of the
following: Cash discounts allowed or taken on sales; any sales taxes, use taxes,
or excise taxes required by law to be included in or added to the purchase price
and collected from the consumer or purchaser and paid by Concessionaire;
receipts from the sale of waste or scrap materials resulting from the Concession
operation; receipts from the sale of or the trade-in value of any furniture, fixtures,
or equipment used in connection with the Concession and owned by
Concessionaire. Concessionaire shall not reduce or increase the amount of
gross receipts, as herein defined, as a result of any of the following:
1. Any error in cash handling by Concessionaire or Concessionaire's
employees or agents;
2. Any losses resulting from bad checks received from the consumers or
purchasers; or from dishonored credit, charge, or debit card payments: or any
other dishonored payment to Concessionaire by customer or purchaser;
3. Any arrangement for a rebate, kickback, or hidden credit given or allowed
to customer.
D. Rental Reports.
H:\Draft- Revised Concessions Agreement 20W December 1,, 2016.doc Page 3
I . Rental ReporC 'Iby Event. For the first six (6)` -,Months of operation,
Concessionaire shall transmit, at the completion of each event in which
Concessionaire has conducted sales, an inventory rendition and statement of
Gross Receipts and such other information as the County Auditor may by written
memorandum require.
2. Monthly Rental Reports. Commencing in the seventh (7) month of
operations and thereafter, and with the written consent of the County Auditor,
Concessionaire shall transmit a rental payment containing monthly gross
receipts and a rent report for each month in which rent is submitted. The
completed form shall include a statement of the Gross Receipts by source of
sales and such other information as the County Auditor may require.
E. Late Payment Fee. In the event of late or delinquent payments by
Concessionaire, the latter recognizes that County will incur certain expenses as a
result thereof, the amount of which is difficult to ascertain. Therefore,
Concessionaire agrees to pay the County a late fee the of $150.00 for each
month late plus interest calculated at the rate of eighteen percent (18%) per
annum, assessed monthly, on the balance of the unpaid amount. Payments shall
be considered past due if postmarked after the fifteenth (15th) day of the month
in which payment is due.
F. Annual Accounting Adjustment. At the end of the initial twelve (12) month
period (and at the end of each twelve (12) month period of any renewal term
thereafter), Concessionaire shall prepare and submit to the County Auditor a
statement showing the total gross receipts for the said twelve (12) month period
and the rental paid for the said twelve (12) months.
SECTION 7. HOURS AND DAYS OF OPERATION
A. Concessionaire must be open for business in the specific permanent
locations, applicable to the event(s) visible to the public and the event clients.
Concessionaire must be open for business during the hours agreed upon in
advance with Facilityxpo management and each specific event client. Convenient
concessions must be available in both the North and South Arenas or the
appropriate combination of locations when there are two or more events
happening at the same time. Hours of may not be changed without prior written
approval of Director or the Facility management staff in charge at the time.
Concessionaire may not arbitrarily close a concession location or cease
operations while events are still in progress without appropriate Facility
management approval.
B. Any deviation from the hours specified shall be subject to prior written
approval of Director.
C. The Concession premises shall be open for all events according to the
schedule provided by the Director.
SECTION 8. OPERATING RESPONSIBILITIES.
Concessionaire shall, at all times during the term of the Agreement, comply with
the following conditions:
H:1Draft- Revised concessions Agreement Page 4
Vol.— /'Z, PgO
i
A. Cleanliness: Concessionaire shall, at its own expense, keep the Premises and
the surrounding area [at least twenty-five (25) feet] clean and sanitary at all
times. No offensive or refuse matter, nor any substance constituting an
unnecessary, unreasonable, or unlawful fire hazard, nor any material detrimental
to the public health, shall be permitted to remain thereon, and Concessionaire
shall prevent any such matter or material from being or accumulating upon said
Premises. If, as determined by the Director, the Concession is deemed unclean,
unsanitary, or does not meet the standards of the County or Brazos County
Public Health District, and after giving ten (10) days written notice to correct such
deficiencies, Concessionaire fails to correct such deficiencies by the end of the
ten (10) days, then the County may, terminate the Agreement and all terms and
conditions contained herein. Concessionaire, at its own expense, shall see that
all garbage or refuse is collected as often as necessary and in no case less than
once a day and disposed of in the main dumpster. Concessionaire shall furnish
all equipment and materials necessary.
B. Conduct: Concessionaire and its representatives, agents, servants, and
employees shall at all times conduct its business in an orderly manner to the
satisfaction of the Director. During an event, if there is any perceived issue, on
the part of the Concessionaire, with the public, vendors or Facility clients, the
concessionaire or their representatives must provide specific information
regarding the issue to the appropriate Expo staff member managing the event.
In no circumstances shall the concessionaire address or discuss any issue with
anyone other than the Expo staff member in charge at the time. The
Concessionaire shall never make direct contact regarding an issue with any
guest. Any conduct less than a positive, professional attitude with and/or
between the Concessionaire or their representative and Facilityxpo management
will not be tolerated and can be grounds for immediate termination of the current
contractual Agreement.
C. Disorderly Persons: Concessionaire shall use its best efforts to permit no
intoxicated person(s), profane or indecent language, or boisterous or loud
conduct in or about the Premises and shall not knowingly allow the use or
possession of illegal drugs, narcotics, or controlled substances on the Premises.
Concessionaire will call upon peace officers to assist in maintaining peaceful
conditions.
D. Non-Discrimination/Equal Employment Practices/Affirmative Action.
Concessionaire, in its Concession operations at the Facility, for itself, its personal
representatives, successors in interest and assigns, as part of the consideration
hereof, does hereby covenant and agree that:
(1) no person on the grounds of race, color, national origin, religion, ancestry,
sex, age, physical disability, or sexual orientation shall be excluded from
participation, denied the benefits of or be otherwise subjected to unjust
discrimination in access to or in the use of the facilities covered herein;
(2) Concessionaire, during the term of the Agreement, agrees not to unjustly
discriminate in its employment practices against any employee or applicant for
H:Omft- Revised Concessions Agreement 2017_Decem-ber 1_2016.doc Page 5
Pg. / 5 _
employment because 'of the employees or applicant'-.3,—,ace, color, religion,
national origin, ancestry, sex, age, physical disability, or sexual orientation. All
subcontracts entered into by Concessionaire shall be approved in advance by
County and shall contain a like provision.
E. Personnel:
1. Food Handler Certificate: For the Concession Food Manager and other
applicable employees or agents, if any, required by statute, rule and ordinance,
including the Texas Food Establishment rules and Bryan City Ordinance Ch 50
(sec 50-33), Concessionaire shall provide the Director with proof of food handler
certificates on applicable employees.
2. Qualified Personnel: Concessionaire will, in the operation of the Concession,
employ or permit the employment of only such personnel as will assure a high
standard of service to the public and cooperation with the County. All such
personnel, while on or about the Premises, shall be neat in appearance and
courteous at all times and shall be appropriately attired, with badges or other
suitable means of identification. No person employed by Concessionaire, while
on or about the Premises, shall be under the influence of illegal drugs, controlled
substances or alcohol, or use inappropriate language, or engage in inappropriate
conduct for a work environment. In the event an employee is not satisfactory, the
Director may direct Concessionaire to remove that person from the Premises.
3. Concession Manager: Concessionaire shall appoint, subject to written
approval by Director, a Concession Manager of Concessionaire's operations at
the Facility. If Concessionaire elects to subcontract the management of any or all
of the Concession operations to a managing entity or entities, the provisions of
this section shall also apply to any such entity. Such person must be a qualified
and experienced food service manager or supervisor of food service operations,
vested with full power and authority to accept service of all notices provided for
herein and regarding operation of the Concession, including the quality and
prices of Concession goods and services, and the appearance, conduct, and
demeanor of Concessionaire's agents, servants, and employees. The
Concession Manager shall be available during regular business hours and, at all
times during that person's absence, a responsible subordinate shall be in charge
and available.
4. Approval of Employees, Volunteers and Subcontractors: County shall have the
right to approve or disapprove, with cause, all employees, volunteers and
subcontractors (including all employees and volunteers for any subcontractor) of
Concessionaire.
F. Price Schedules and Merchandise.
1. County agrees that Concessionaire's merchandise (other than the
merchandise discussed below), including its prices for same, shall be within
Concessionaire's discretion; subject, however, to disapproval by Director if the
selection of items offered is inadequate, of inferior quality, or if any of said prices
are excessively high or low in the sole opinion of Director. Such determination
shall not be unreasonable and shall take into account the business
considerations presented by Concessionaire.
HADraft- Revised Concessions Agreement r.4-2btCa.. Page 6
2. All menu items and service, offered for sale and/or sold by Concessionaire in
said Premises, shall be of high quality and must be related to the ordinary
business of the Concession.
3. The sale of alcoholic beverages is not permitted under the terms of this
Agreement. Should Concessionaire desire to provide for the sale of alcoholic
beverages, Concessionaire will be required to negotiate an addendum to this
Agreement to provide for same and provide proof of obtaining necessary permits
and compliance with all rules and regulations of the Texas Alcoholic Beverage
Control Board.
4. The sale of specific non-alcoholic beverage products must be approved by
the Director and conform to the terms of any existing sponsorship agreement
between the Facility and a specific designated company or from any similar
successor sponsor. If, or when, an exclusive provider of non-alcoholic
beverages ceases to be the exclusive provider at the Facility, the Director shall
inform the Concessionaire of the termination of the sponsorship agreement with
the company and the terms of any new or successor agreement, if any.
Concessionaire is obligated under the terms of this Agreement to purchase non-
alcoholic beverages from any sponsor designated by the Facility. However, if the
Facility does not enter into a sponsorship agreement with a bottler, the
Concessionaire may purchase its non-alcoholic beverages at its discretion,
provided that the monthly rental fees for non -ticketed events are renegotiated,
agreed upon and approved in advance by the Director and the Concessionaire.
G. Equipment, Furnishings, and Expendables:
1. All equipment, furnishings, and expendables required for said Concession
shall be purchased and installed by Concessionaire at its sole expense. A
refrigerator and freezer will be provided by the County.
2. County reserves the right to replace any and all items of County -owned
equipment at this Concession with functionally equivalent equipment.
3. If County does not renew said Agreement, Concessionaire shall have the right
to remove its own equipment, furnishings, and expendables, but not
improvements, from the Premises and shall be allowed a period of thirty (30)
calendar days to complete such removal. If not removed within that period, said
equipment, furnishings and expendables become the property of County.
H. Maintenance of Equipment. Concessionaire shall, at all times and at its own
expense, keep and maintain all equipment in the same condition as received by
Concessionaire, except for normal wear and tear, whether owned and/or installed
by Concessionaire or County. Maintenance of County owned equipment due to
normal wear and tear shall be the responsibility of the County.
I. Signs and Advertisements.
1. Concessionaire shall not erect, construct, or place any signs, banners, ads, or
displays of any kind whatsoever upon any portion of County property without the
prior written approval from the Director.
H:Traft- Revised Concessions Agreement 2017— December-7-2016'doc.___i__..-7 Page 7
17
Vol. �lt� r'° P9.
2. Concessionaire shall not permit vendors to display wares inside or outside the
building or on said property unless written permission is secured from the
Director in advance of installation.
3. Upon the expiration or termination of the Agreement, Concessionaire shall, at
its own expense, remove or paint out, as Director may direct, any and all of its
signs and displays on the Premises.
J, Mobile Food Cart: Concessionaire may, with the written consent of the
Director, provide a mobile food cart for food and beverage service with items
stocked from the main Concession Premises.
K. Safety: Concessionaire shall correct safety deficiencies, and violations of
safety practices, immediately after the condition becomes known or Director
notifies Concessionaire of said condition. Concessionaire shall cooperate fully in
the investigation of accidents occurring on Concession Premises.
SECTION 10. MAINTENANCE OF PREMISES.
During all periods that the Premises are used or are under the control of the
Concessionaire for the uses, purposes, and occupancy aforesaid,
Concessionaire shall be responsible for all necessary janitorial duties and
damage and maintenance repairs, to the satisfaction of the Director.
A. Interior of Premises:
1. Areas to be Maintained by Concessionaire: Concessionaire shall, at its own
expense, keep and maintain all the interior walls and surfaces of Concession
Premises and all improvements, fixtures, and utility systems which may now or
hereafter exist thereon, whether installed by County or Concessionaire.
2. Interior and Exterior of Common areas of the Premises and Common
Passageways: County shall maintain the interior and exterior of all walls and
surfaces of the facility, as well as all common passageways.
SECTION 11. LIABILITY
A. Indemnification. Except for the active negligence or willful misconduct or
intentional conduct of County, Concessionaire undertakes and agrees to defend,
indemnify and hold harmless County and any and all of County's officers, agents,
and employees from and against all suits and causes of action, claims, losses,
demands and expenses, including, but not limited to, attorney's fees and cost of
litigation, damage or liability of any nature whatsoever, for death or injury to any
person, including Concessionaire's employees and agents, or damage or
destruction of any property of either party hereto or of third parties, arising in any
manner by reason of, or incident to, the performance of this Agreement on the
part of Concessionaire, its officers, agents, employees, or sub -contractor of any
tier.
B.Insurance:
1. General Conditions: Concessionaire shall obtain and keep in force during each
term of this Agreement an insurance policy or policies which covers all
H:\Draft- Revised Concessions Agreement. 201.7=December 1, 2016.doc Page 8
Val..
operations conducte'u— pursuant to this Agreement. Suu„'insurance policy or
policies must name the County as additional insured. Without limiting
Concessionaire's indemnification of County, Concessionaire shall provide and
maintain at its own expense during the entire term of the Agreement the following
insurance having the limits as set forth and the certificate of insurance must
specify the following requirements:
Commercial General Liability $1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Products-Come/OSH Agency .
$1,000,000 Personal and Advertising Injury
$ 100,000 Fire Damage (any fire)
Automobile Liability $ 100,000 Bodily Injury -Per Person
$ 300,000 Bodily Injury -Each Accident
$ 100,000 Property Damage -Each Incident
a. Additional Insured: County, its Officers, Agents and Employees shall be
included as additional insureds in all liability insurance policies except: Workers'
Compensation Employer's Liability, Professional Errors and Omissions and
second -party Legal Liability coverages (such as Fire Legal). County shall be
named Loss Payee as its interest may appear in all required property, fidelity or
surety coverages.
b. Primary Insurance: Such insurance
insurance maintained by County and
program for contributions.
shall be primary with respect to any
shall not call on County's insurance
c. 30 -Day Notice: With respect to the interest of County, such insurance sha4 not
be canceled, materially reduced in coverage or limits or non -renewed except
after thirty (30) days written notice by receipted delivery (e.g. certified mail -return
receipt, courier) has been given to the County Risk Manager.
d. Aggregate Limits/Blanket Coverage: If any of the required insurance
coverages contain aggregate limits, or apply to other operations or tenancy of
Concessionaire outside this Agreement, Concessionaire shall give County
prompt, written notice of any incident, occurrence, claim, settlement or judgment
against such insurance which in Concessionaire's best judgment will diminish the
protection such insurance affords County.
SECTION 12. PROHIBITED ACTS
Concessionaire shall not:
1. Place any additional lock of any kind upon any window or interior or exterior
door in the Premises, or make any change in any existing door or window lock or
the mechanism thereof, unless a key therefore is maintained on the Premises,
nor refuse, upon the expiration or sooner termination of the Agreement, to
surrender to Director any and all keys to the interior or exterior doors on the
Premises, whether said keys were furnished to or otherwise procured by
Concessionaire, and in the event of the loss of any keys furnished by Director,
Concessionaire shall pay county, on demand, the cost for replacement thereof;
.a
H:\Draft- Revised Concessions Agreement 201-7- December_1/,.2016.doc _ Page 9
Py
r ,
2. Do or permit to be done any act or thing upon the Premises which will
invalidate, suspend or increase the rate of any insurance policy required under
the Agreement, or carried by County, covering the Premises, or the buildings in
which the same are located or which, in the opinion of Director, may constitute a
hazardous condition that will increase the risks normally attendant upon the
operations contemplated under the Agreement, provided, however, that nothing
contained herein shall preclude Concessionaire from bringing, keeping or using
on or about the Premises such materials, supplies, equipment and/or machinery
as are appropriate or customary in carrying on its business, or from carrying on
said business in all respects as is customary;
SECTION 13. INDEPENDENT CONTRACTORS AND CONSULTANTS
The Concessionaire is acting hereunder as an independent contractor and not as
an agent or employee of the County. The Concessionaire shall not represent or
otherwise hold itself or any of its directors, officers, partners, employees, or
agents to be an agent or employee of the County.
SECTION 14. TAXES, PERMITS. AND LICENSES
A. Concessionaire shall obtain and maintain at its sole expense all approvals,
permits, or licenses that may be required in connection with the operation of the
Concession including, but not limited to, tax permits, business licenses, health
permits, building permits, police and fire permits, etc.
B. Concessionaire shall pay all taxes of whatever character that may be levied or
charged upon the rights of Concessionaire to use the Premises, or upon
Concessionaire's improvements, fixtures, equipment, or other property thereon or
upon Concessionaire's operations hereunder.
SECTION 15. ASSIGNMENT/SUBLEASE
The Concessionaire may not, without prior written permission of the County,
assign or otherwise alienate any of its rights hereunder, including the right to
payment or delegate, subcontract, or transfer any of its duties hereunder.
SECTION 16. BUSINESS RECORDS
Concessionaire shall maintain during the term of the Agreement and for three (3)
years thereafter, all of its books, ledgers, journals, and accounts wherein are kept
all entries reflecting the gross receipts received or billed by it from the business
transacted pursuant to the Agreement. Such books, ledgers, journals, accounts,
and records shall be available for inspection and examination by the County
Auditor, or a duly authorized representative, during ordinary business hours at
any time during the term of this Agreement and for at least three (3) years
thereafter.
A. Cash and Record Handling Requirements: If requested by the County or the
County Auditor, Concessionaire shall prepare a description of its cash handling
and sales recording systems and equipment to be used for operation of the
Concession which shall be submitted to Director for approval. Concessionaire
shall be required to maintain a method of accounting of the Concession which
shall correctly and accurately reflect the gross receipts and disbursements
HADraft- Revised Concessions Agreem t�A 7—Beaeraber-i 20.LfitiaG�_ Page 10
received or made by ;oncessionaire from the operation -?he Concession. The
method of accounting, including bank account is, established for the Concession
shall be separate from the accounting systems used for any other business
operated by Concessionaire or for recording Concessionaire's personal financial
affairs. Such method shall include the keeping of the following documents:
1. Regular books of accounting such as general ledgers.
2. Journals including supporting and underlying documents such as
vouchers, checks, tickets, bank statements, etc.
3, State and Federal income tax returns and sales tax returns and checks
and other documents proving payment of sums shown.
4. With the exception of a limited number of large events in which the County
Auditor has or may have granted Concessionaire prior written permission to
utilize an inventory control system in lieu of cash registers, cash register tapes
shall be retained so that day to day sales can be identified. A cash register must
be used in public view which prints a dated double tape, indicating each sale and
the daily total. Permission to utilize an inventory control system in ileu of cash
registers must be given to and received by the Auditor and Director at least thirty
days prior to a scheduled event.
5. Any other accounting records that County, in its sole discretion, deems
necessary for proper reporting of receipts.
B. Method of Recording Gross Receipts: Unless otherwise specified in the
Agreement, Concessionaire shall obtain and install a cash register(s) on which it
shall record all gross sales. The cash register shall be non-resettable and
sufficient to supply an accurate recording of all sales on tape. The purchase
price, terms, make and/or model of such cash register shall be within the
Concessionaire's discretion. However, Concessionaire shall not purchase or
install the cash register before obtaining the Director's written confirmation that
the register to be purchased meets the requirements of this provision. All cash
registers shall have a price display which is and shall remain at all times visible to
the public.
•C. Annual statement of gross receipts and expenses: Concessionaire shall
transmit a Statement of Gross Receipts and Expenses (Profit and Loss
Statement) for the Concession operations as specified in the Agreement, in a
form acceptable to the County Auditor, on or before April 30th of each calendar
year during each term of the Agreement. An extension may be granted in writing,
prior to the April 30th due date, by the County Auditor, provided sufficient
verification of the need for the extension is provided. County may also from time
to time conduct an audit and re -audit of the books and business conducted by
Concessionaire and observe the operation of the business. If the report of gross
sales made by Concessionaire to County shall be found to be less than the
amount of gross sales disclosed by such audit and observation, Concessionaire
shall pay County within 30 days after billing any additional rentals disclosed by
K\Draft- Revised Concessions Agreement-2017--DecVol, 4 �ember/-1-I.2016'd5(5-"`moi Page 11
//
r
such audit. If discreNaricy exceeds 2% and no reasonaUi- "--xplanation is given
for such discrepancy, Concessionaire shall also pay the cost of the audit.
SECTION 17. REGULATIONS, INSPECTION, AND DIRECTIVES
A. The operations conducted by Concessionaire pursuant to the Agreement shall
be subject to:
1. All rules, regulations, orders, and restrictions enacted by the County with
respect to the operation of the Facility;
2. Any and all applicable laws, ordinances, statutes, rules, regulations, and
of any governmental authority, federal, state or municipal, lawfully exercising
authority over the Concessionaire's operations; and,
B. Permissions: Any permission required by the Agreement shall be secured in
writing by Concessionaire from County and any errors or omissions therefrom
shall not relieve Concessionaire of its obligations to faithfully perform the
conditions therein. Concessionaire shall immediately comply with any written
request or order submitted to it by County.
C. Right of Inspection: County, its authorized representatives, agents and
employees shall have the right to enter upon the Concession Premises at any
and all reasonable times for the purpose of inspection, evaluation, and
observation of Concessionaire's operation. During these inspections, they shall
have the right to photograph, film, or otherwise record conditions and events
taking place upon the Premises. The inspections may be made by persons
identified to Concessionaire as County Employees, or may be made by
independent contractors engaged by County. Inspections may be made for the
purposes set forth below, and for any other lawful purpose for which the County
or another governmental entity with jurisdiction is authorized to perform
inspections of the Premises:
1. To assess compliance with terms and conditions of the Agreement; or
2. To observe transactions between the Concessionaire and patrons to
evaluate the quality of services provided or quality and quantities of items sold or
dispensed.
SECTION 18. TERMINATION
A. By County: County shall have the right, via 30 (thirty) day written notice, to
terminate the Agreement in its entirety and all rights ensuing therefrom as
provided by applicable law if any one or more of the following events occur:
1. Concessionaire fails to keep, perform and observe any promise, covenant
and condition set forth in the Agreement on its part after receipt of written notice
of default from County;
2. The interest of Concessionaire under the Agreement is assigned,
transferred, passes to or devolves upon, by operation of law or otherwise, any
other person, firm or corporation without the written consent of County;
H:Mraft- Revised Concessions Agreem n Ottt]Tb2r' , Page 12
b61: _ /_ i�. 2,2- 1
3. Concessionaire becomes, without the prior, written approval of County a
successor or merged corporation in a merger, a constituent corporation in a
consolidation or a corporation in dissolution;
4. The levy of any attachment or execution, or the appointment of any
receiver, or the execution of any other process of any court of competent
jurisdiction which is not vacated, dismissed or set aside within a period of ten
(10) days and which does, or as a direct consequence of such process will,
interfere with Concessionaire's use of the Premises or with its operations under
the Agreement;
5. Concessionaire becomes insolvent, or takes the benefit of any present or
future insolvency statute, or makes a general assignment for the benefit of
creditors, or files a voluntary petition in bankruptcy, or a petition or answer
seeking an arrangement for its reorganization, or the arrangement for its
reorganization, or the readjustment of its indebtedness under the federal
bankruptcy laws or under any other law or statute of the United States, or of any
state law, or consents to the appointment of a receiver, trustee or liquidator of all
or substantially all of its property or its property located within the Concession
areas;
6. Cessation or deterioration of service for any period which, in the opinion of
County, materially and adversely affects the operation or service required to be
performed by Concessionaire under the Agreement; or
B. County's Right of Reentry: County shall, as an additional remedy, upon the
giving of written notice of termination as above provided, have the right to reenter
the Premises and every part thereof on the effective date of termination without
further notice of any kind, remove any and all persons therefrom and may regain
and resume possession either with or without the institution of summary or legal
proceedings or otherwise. Such reentry, however, shall not in any manner affect,
alter or diminish any of the obligations of Concessionaire under the Agreement.
C. Additional Rights of County: County, upon termination of the Agreement, or
upon reentry, regaining, or resumption of possession of the Premises, may
occupy said Premises and shall have the right to permit any person, firm or
corporation to enter upon the Premises and use the same. Such occupation by
others may be of only a part of the Premises, or the whole thereof or a part
thereof together with other space, and for a period of time the same as or
different from the balance of the term remaining hereunder, and on terms and
conditions the same as or different from those set forth in the Agreement.
D. Survival of Concessionaire's Obligations: In the event the Agreement is
terminated by County, or in the event County reenters, regains, or resumes
possession of the Premises, all of the obligations of Concessionaire hereunder
shall survive and shall remain in full force and effect for the full term of the
Agreement, subject to County's obligation to mitigate damages.
By Concessionaire:
H:1Draft- Revised Concessions Agreement 2017 ^December-1;-2016-doc— Page 13
Vol; _ �. ('g• �—
i
The Agreement may terminated by Concessionaire, vi',', (thirty) day written
notice, upon the happening of one or more of the following events:
1. The permanent abandonment of the Facility;
2. The lawful assumption by the United States Government, or any
authorized agency thereof, of the operation, control or use of the Facility or any
substantial part thereof, in such manner as to materially restrict Concessionaire
from operating thereon;
3. The complete destruction of all or a substantial portion of the Premises
from a cause other than the negligence or omission to act of Concessionaire, its
agents, officers, or employees, and the failure of County to repair or reconstruct
said Premises;
4. Any exercise of authority under the Agreement which interferes with
Concessionaire's use and enjoyment of the Premises as to constitute a
termination, in whole or in part, of the Agreement by operation of law; or
SECTION 19. FORCE MAJEURE
Neither party hereto shall be liable to the other for any failure, delay, or
interruption in the performance of any of the terms, covenants or conditions of
the Agreement due to causes beyond the control of that party including, without
limitation, strikes, boycotts, Tabor disputes, embargoes, shortage of material, acts
of God, landslides, acts of the public enemy, acts of superior governmental
authority, floods, riots, or any other circumstance' for which such party is not
responsible and which is not in its power to control.
SECTION 20. AGREEMENT BINDING UPON SUCCESSORS
The Agreement shall be binding upon and shall inure to the benefit of the
successors, heirs, executors, administrators, and assigns of the parties hereto.
SECTION 21. LAW AND VENUE
The Agreement shall be construed under the laws of the State of Texas and
venue of any action brought under the Agreement shall lie in Brazos County.
SECTION 22. ATTORNEY'S FEES
If County shall, without any fault, be made a party to any litigation commenced by
or against Concessionaire arising out of or related to Concessionaire's use or
enjoyment of the Premises and as a result of which Concessionaire is finally
adjudicated to be liable, then Concessionaire shall pay all costs and reasonable
attorney's fees incurred by or imposed upon County in connection with such
litigation.
SECTION 23. NOTICES
A. To County: Unless otherwise stated in the Agreement, written notices to
County hereunder shall be addressed as follows:
H:1Draft- Revised Concessions Agreeme 1 2016.doc Page 14
do: Pg.
�`
Brazos County Judgc
200 So. Texas Ave., Suite 332
Bryan, Texas 77803
With a copy to:
General Manager, Brazos County Expo Complex
5827 Leonard Road
Bryan, Texas 77807
All such notices may either be delivered personally or may be deposited in the
United States mail, properly addressed as aforesaid with postage fully prepaid for
delivery by registered or certified mail. Service in such manner by registered or
certified mail shall be effective upon receipt. County shall provide
Concessionaire with written notice of any address change within thirty (30) days
of the occurrence of said address change.
B. To Concessionaire: Written notices to Concessionaire shall be addressed to
Concessionaire as follows:
Shirley J. Bailey, dfbfa Bailey Concessions
6430 CR 313
Navasota, Texas 77868
All such notices may either be delivered personally to the Concessionaire or to
any officer or responsible employee of Concessionaire or may be deposited in
the United States mail, properly addressed as aforesaid with postage fully
prepaid for delivery by registered or certified mail. Service in such manner by
registered or certified mail shall be effective upon receipt. Concessionaire shall
provide County with written notice of any address change within thirty (30) days
of the occurrence of said address change.
SECTION 24. INTERPRETATION
The language of the Agreement shall be construed according to its fair meaning
and not strictly for or against either County or Concessionaire. The section
headings appearing herein are for the convenience of the parties and shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning or
intent of the provisions of the Agreement. If any provision of the Agreement is
determined to be void by any court of competent jurisdiction, then such
determination shall not affect any other provision of the Agreement, and all such
other provisions shall remain in full force and effect; and it is the intention of the
parties hereto that if any provision of the Agreement is capable of two
constructions, one of which render the provision void and the other of which
would render the provision valid, then the provision shall have the meaning which
renders it valid.
SECTION 25. AGREEMENT CONTAINS ENTIRE AGREEMENT
The provisions of the Agreement contain the entire Agreement between the
parties hereto and said Agreement may not be modified except by formal, written
amendment fully executed by both County and Concessionaire.
H:\Draft- Revised Concessions Agreement, 2017 .December-1-2046:doc Page 15
5�
IN WITNESS WHEREOF, Brazos County has caused this Agreement to
be executed and Concessionaire has executed the same as of the day and year
herein below written.
Duane Peters, C unty Judge
Brazos CounJud e
Date: 1� �
Attest: %J
Karen McQueen
Brazos County Clerk
BAILEY CONCESSIONS
Shirley J. Bail6y
Proprietor `r
Date: oL—
U/
H:1Draft- Revised Concessions Agreement 2017- December 1, 2016.doc Page 16
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: December 28, 2017
ITEM: Consider and take action on acceptance of Indian Lakes Phase 25 into the Brazos County
road maintenance system; the roads (portion of Indian Lakes Drive and Kanati Cove) and
roadway drainage structures are in compliance with the Brazos County Subdivision Regulations.
Site is located in Precinct 1
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
• Brazos County will not assume maintenance responsibility for street lights.
• Brazos County will not assume maintenance responsibility for drainage ways or
easements other than those that directly drain the roadway.
• Private drainage ways, access easements or other easements will be maintained
by the individual property owners or the Home Owners Association (HOA).
• Brazos County will maintain the roadway, shoulders as needed and drainage
facilities which directly drain the roadway.
• The property owners/HOA will be responsible for mowing and landscape
maintenance of all rights of ways and easements.
SUBMITTED BY/ N ACKNOWLEDGED BY:
Gary nold Commissioner Steve Aldrich
County Road Administrator Precinct I
This Reque 's pproved (or) Denied by Commissioners' Court
Date:/ %�, 7
Peters, County Judge
Pg ��
DEPARTMENT:
DATE OF COURT MEETING:
ITEM:
TO:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
File Name
P3-12-21-17-CC.pdr
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
12/28/2017
Expenditure Journal Entries
• Expenditure Journal Entries 120060-120066
Commissioners Court
12/21/2017
False
False
$0.00
Description
Expenditure JEs
rar,u r yr r
Type
Backup Material
tl LD
2
Duane Peters Date
County Judge
Vol.V� p9 ��
12/21/17
BRAZOS COUNT`_', TX
PAGE
1
ACCOUNTING PERIOD:
3/18
BATCH JOURNAL ENTRY EDIT LIST
CONTROL NUMBER J
E NUMBER DESCRIPTION
PERIOD/YR HOLD
RECORD FUND
DIV/FUND
ACCOUNT PROJECT
ACCOUNT
ITEM DESCRIPTION
DEBIT AMOUNT
CREDIT AMOUNT
12*21*17
120060 TrV1
Reimb - S MCCar
3/18
Y
333969 0100
28000100
61801000
SA 12.10-13.17
528.03
333970 0100
0100
20249700
SA 12.10-13.17
528.03
TOTAL
JOURNAL ENTRY
528.03
528.03
12*21*17
120061 Trvl
Reimb - JG Wood
3/18
Y
333971 0100
31010000
61801000 LCOMM180
61801000
SA 12.11-13.17
585.28
333972 0100
0100
20110320
SA 12.11-13.17
585.28
TOTAL
JOURNAL ENTRY
585.28
585.28
12*21*17
120062 Trvl
Reimb - S Tyler
3/18
Y
333973 0100
22000100
61801000
Austin 11.28-12.1
709.35
333974 0100
0100
20112390
Austin 11.28-12.1
709.35
TOTAL
JOURNAL ENTRY
709.35
709.35
12*21*17
120063 AS Ext to Br Ctr Fee
3/18
Y
333975 0100
37000100
71502000
Ag Ext to Br Cur Fee
4,828.00
333976 0100
0100
41011000
Ag Ext to Br Ctr Fee
4,828.00
TOTAL
JOURNAL ENTRY
4,828.00
4,828.00
12*21*17
120064 Ag Ext to Br Ctr Fee
3/18
Y
333977 0100
37000100
71502000
Ag Ext to Br Ctr Fee
300.00
333978 0100
37000100
71502000
Ag Ext to Br Ctr Fee
300.00
333979 0100
0100
41011000
Ag Ext to Br Ctr Fee
300.00
333986 0100
0100
41011000
Ag Ext to Br Ctr Fee
300.00
TOTAL
1333983
JOURNAL ENTRY
600.00
600.00
12*21*17
120065 Juv>HD Foodhandlers
3/18
Y
333981 9100
9100
11005200
Juv>HD Foodhandlrs-I
40.00
333982 9100
9100
37090000
Jw,HD Foodhandlrs-I
40.00
0100
31000200
61110000 LDETN180
61110000
Juv>HD Foodhandlrs-I
40.00
333984 0100
0100
11005200
Juv,HD Foodhandlrs-I
40.00
TOTAL
JOURNAL ENTRY
80.00
80.00
12*21*17
120066 PRIZE DONATION<VARIO
3/18
Y
333987 5000
64005100
60010000
PRIZE DONATION<VARIO
448.00
333988 5000
5000
46023000
PRIZE DONATION<VARIO
448.00
TOTAL
JOURNAL ENTRY
448.00
448.00
TOTAL
CONTROL NUMBER
7,778.66
7,778.66
TOTAL
REPORT
7,778.66
7,776.66
RUN DATE 12/21/17 TIME 11:36:44 SUNGARD PENTAMATION - FUND ACCOUNTING
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: December 28, 2017
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
au
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Attorney Assabill, Ekua Separation
Eades, Amy M. New Hire
Newbold, Kenneth E. Separation
Exposition Complex
Gloria, Edith
Halle, Sarah N.
Jones, Brianne N.
Separation
New Hire
Change of Status
Justice of the Peace, Pct. 2 DeAtley, D'Anna Separation
Juvenile Services — Detention Guzman, Daniel M. Separation
Sheriffs Office—Admin. Bachmeyer, Brian Change of Status
Sheriffs Office — Commissary Baca, Thomas Employment
Sheriffs Office — CSISD Acosta, Jaime Change of Status
Patranella, Frank Change of Status
Smith, Martha Change of Status
Williams, Keith Change of Status
Tax Office Williams, Jakeith Change of Status
Approved in Commissioners' Court: De embe 28 20
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
// 1