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HomeMy WebLinkAbout2018-05-01 10:00 AM REGULAR MEETING Se T E p C TF•.. Cr • . pG Fo 7;:12 1 P Sb ; ~TV OF EQ'r•' ..• BRAZOS COUNTY "'r .elt. - BRYAN, TEXAS � �.{ NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 1, 2018 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-21: 3. Proclamation 18-031 declaring May 6, 2018 as National Nurses Recognition Day. 4. Proclamation 18-032 declaring May 6- 12, 2018 as National Correctional Officers and Employees Week. 5. Approval of the job description for Class Code 1441, Program Coordinator for Sheriff's Office. 6. Payment Authorization to Get Real LLC in the amount of$27,355.00 refunding the developer's Road Maintenance Guarantee for Polo Estates subdivision. Subdivision roads were accepted for Brazos County maintenance 4/3/2018. 7. Discuss and take possible action on a contract renewal with Grimes County for pre- adjudication detention beds. 8. Discuss and take possible action on a contract renewal with Madison County for pre- adjudication detention services for juveniles. 9. Discuss and take possible action on a contract renewal with Walker County for pre- adjudication:services°for-juveniles. • 10. Approval of acceptance of Mesa Verde Drive from Chaco Canyon Drive to State Hwy 6 South Feeder Road into the Brazos County road maintenance system. Site is located in Vol. P9. 41-3=1 Precinct 1. 11. 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 0.011 of one acre of land to be used for repairs to McAllester Lane. Site is located in Precinct 4. 12. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Goodson Bend Road a distance of 12,500 feet. Project will provide water to an oil well. Site is located in Precinct 4. 13. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Silver Hill Road a distance of 1,700 feet. Project will provide water to an oil well. Site is located in Precinct 4. 14. Expenditure Journal Entries FY 17/18 • 040052 - 040054 15. Tax Refund Applications for the following: • a. John Jean- Overpayment$286.72 • b. James Burford - Overpayment$26.91 • c. Linda Breeding -Overpayment$85.00 16. Commissioners Court minutes for the following dates: • a. April 3, 2018 - Regular Meeting • b. April 10, 2018 - Regular Meeting • c. April 17, 2018 - Regular Meeting • d. April 24, 2018 - Regular Meeting 17. Budget Amendments. Budget Amendments FY 17/18 30.1-30.2 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. 21. Consider and possible action on executive session. 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. H6,272. pg. 4.7<3 • PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body, or any member or members of the Court, or County employees, individually or collectively.Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies, recite e>dsting 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 My invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole.No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan,TX 77803 is wheelchair accessible..handicap_parking.spaces.areavailable..My_request for sign interpretive services must be made two working days before the meeting.To make arrangements, please call(979)361-4102. u, f MINUTES MAY 1, 2018 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, May 1, 2018 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 - Judge Peters 2. Call for Citizen input and/or concerns Patricia Gerling, Brenda Grays and Debbie Holladay were present to announce Brazos County Commissioner Irma Cauley as a recipient for the Girl Scouts of Central Texas Women of Distinction Award. Commissioner Cauley will be honored at the Women of Distinction banquet on September 13, 2018 at 6:00 p.m. at the College Station Hilton. Commissioner Cauley thanked everyone for this honor. Vol a 7L pg. yit.1 Consider and take action on agenda items 3-21: 3. Proclamation 18-031 declaring May 6, 2018 as National Nurses Recognition Day. The Court approved a Proclamation designating May 6, 2018 as National Nursing Recognition Day in Brazos County. The County Judge asked the nurses to come forward as he read aloud the proclamation recognizing the nurses who work in Brazos County and encouraged the public's awareness of the vital service they provide to society. Sheriff Chris Kirk also spoke about the important role nurses have in maintaining the health of inmates in the Brazos County Detention Center. Sheriff Kirk introduced all the nurses present in the courtroom and thanked them for their service. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Proclamation 18-032 declaring May 6- 12, 2018 as National Correctional Officers and Employees Week. The Court approved a Proclamation designating May 6, 2018 through May 12, 2018 as National Correctional Officers and Employees Week. The County Judge asked the officers to come forward as he read aloud the proclamation recognizing the Correctional Officers and employees working in Brazos County. Sheriff Kirk introduced each officer and announced the department they represented. Sheriff Kirk spoke about the amount of dedication it takes to be an officer. Sheriff Kirk stated that it is a challenging and dangerous job that demands 24 hours a day, 7 days a week, 365 days a year. He thanked the officers for their hard work and dedication every day. Amy Boncher with the Bureau of Prisons also thanked the officers for the great job they do. She announced that a Memorial Service will be held next Tuesday, May 8, 2018 to honor those officers who have lost their lives in the line of duty. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Approval of the job description for Class Code 1441, Program Coordinator for Sheriff's Office. A copy of the job description is attached. yol. al 7.2- Pg. 1114 l l Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Payment Authorization to Get Real LLC in the amount of $27,355.00 refunding the developer's Road Maintenance Guarantee for Polo Estates subdivision. Subdivision roads were accepted for Brazos County maintenance 4/3/2018. This payment authorization was requested by the Road and Bridge Department. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Discuss and take possible action on a contract renewal with Grimes County for pre- adjudication detention beds. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 8. Discuss and take possible action on a contract renewal with Madison County for pre- adjudication detention services for juveniles. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Discuss and take possible action on a contract renewal with Walker County for pre- adjudication services for juveniles. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Approval of acceptance of Mesa Verde Drive from Chaco Canyon Drive to State Hwy 6 South Feeder Road into the Brazos County road maintenance system. 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. 11. 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 0.011 of one acre of land to be used for repairs to McAllester Lane. Site is located in Precinct 4. Vol.• 02 7,-, Pg. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Goodson Bend Road a distance of 12,500 feet. Project will provide water to an oil well. 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. Consider and take action on the FWP Holdings, LLC utility permit to install a temporary 10" Polyurethane water line within and along the right-of-way of Silver Hill Road a distance of 1,700 feet. Project will provide water to an oil well. 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 FY 17/18 • 040052 - 040054 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Tax Refund Applications for the following: • a. John Jean - Overpayment$286.72 • b. James Burford - Overpayment$26.91 • c. Linda Breeding - Overpayment $85.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Commissioners Court minutes for the following dates: • a. April 3, 2018 - Regular Meeting • b. April 10, 2018 - Regular Meeting • c. April 17, 2018 - Regular Meeting • d. April 24, 2018 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Vol. g 7r72 Pg. 474 1 17. Budget Amendments. Budget Amendments FY 17/18 30.1-30.2 30.1 Transfer of funds from General Capital Improvements Fund to Sheriff's Office - Jail. 30.2 Reallocate funds for Health Department- County Support. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. 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 Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Payment of Claims. Claims 8003338 - 8003548 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Convene into Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 22 through 24 then return to convene into Executive Session. • Having considered the previously noted agenda items, at 10:29 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.0785 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bruce Erratt, Civil Counsel Jennifer Salazar, Human Resources Director 21. Consider and possible action on executive session. At 10:40 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Berry, seconded by Commissioner Cauley, the Court voted unanimously to approve a specific procedure for a certain Brazos County employee. vol. a7,2 Pg. 41 7 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 620 inmates in jail, 525 inmates are male and 95 are female, 36 have electronic monitors and 11 are pending for monitors. 23. Announcement of interest items and possible future agenda topics. Commissioner Berry congratulated Commissioner Cauley on being selected for the Women of Distinction award. Commissioner Cauley stated she was in Austin last week with the Texas Silver Haired Legislatures (TSHL) as they attended the 17th Legislative Session. She said that they will be meeting again with legislatures to discuss resolutions. 24. Call for Citizen input and/or concerns There was no citizen's input. 25. Adjourn. Vol. ) 72 Pg. 3� l The foregoing minutes of the Commissioners Court meeting held May 1, 2018 have been •examined and are approved in open Court this 1a*day of June 2018, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 /� trint Sam y atale Nancy Berr S� Commissioner, Precinct 2 Commissioner, Precinct 3 iru/// t�/� Irma Cauley e� Commissioner, Precinct 4 Attest: `��yyu �q 4<2ti At' 4w�W h 0 Karen McQueen County Clerk vol. 02 72. p9...f 57 j F_ I of± BRA7OS COUNTY. CON/L�ESSIO' h;R' S COURT 1 --DAY OF � c<- ., 20 0.' AMS; Name Organization (PLEASE PRINT) (PLEASE PRINT) PQM-e I kns �.y)v, k� uS �, � ti afic Laura_ Coo A. 3CDC &floc. I'k,\ler Jac Cti nic In` ANoensoo He-AU?-6. TH EPi .Ja c. 1 C)4,5A014,p( C0ccA7 .� .feIU Rom lJ „...\2AArvict- S Ketin Sffri <4(4'41 OrIce H _t Pg V ot BRAZOS COUNTY. COMIMISSIGNVR' S COURT /j-- DAY OF A , 20/f /O.'e9 AVIIP /- Name Organization (PLEASE PRINT) (PL kSE PST) /. . 14. 4/A-0-g—__ _ I _.;_, / 2/ 1 J l / _LAS : r ,r -, . � 0,� iii►� adatigase l :Hi A A c Q LkS _ v I. Cell( • e I l� 1�'I�1,�1, t'Y(DAZbS ""VI c a Zbada dra( gL,(r 42705 65 50 — t ' I Y 64 7 y I /JC J - W4m. he,, t,t.') Arny1r34Noi-t-E-2- 60eat l W Pri wits O.5-.r L.)(.t--€._, E M _ X1 .2. V`-\. , E a 'vol. aZ 72 Pg. S3 I Po 3 oft BRAZOS COUNTY COMMISSIONER' S COURT DAY OF , 20 /g /0:00 AM/ I, , , I Name Organization pl<EASE P T) I (PLEASE PRINT) twoo kuuq,7 s ts ; ,t is , bb;, .l . • �Is Ina ru a_ ;i c. S 1(1/0 (1I�s lc tan!Ai I 11./ c GRA- Wf JE intragorty it • fi srosa, ._ ._ ._ _ad, vat. 272 Pg. J Pg Ad_ BRAZOS COUNTY. CONLNiS SION F R' S COURT 1 DAY OF l • , 20 A , Name Organization (PLEASE PRNT) (PLEASE PRI') LIR 71-eAtik 64NER7/ 6Y& 46 . J . Asinuul usAwi m CS?b voi. 52 72 Pg. ✓ 5/! a nO , Proclamation National Nurses Recognition Day May 6, 2018 WHEREAS National Nurses Day is a day to celebrates nurses and raises awareness about the importance of their contributions to society. This Day is part of National Nurses Week-a week that ends on May 12th and marks the birthday of Florence Nightingale; and WHEREAS President Ronald Reagan signed proclamation 4913 on March 25,proclaiming"National Recognition Day for Nurses" to be May 6, 1982 and WHEREAS Nursing has a variety of different level of skills as well as areas in which they contribute with each playing an important role for facilities to maintain Doctor patient care; and WHEREAS Nurses are one of the most integral parts of a medical team, fulfilling a crucial role in providing patients and their families the highest level of care, as well as a key means of emotional support, significantly contributing to improved patient and family outcomes. NOW, THEREFORE,BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the May 6,2018 as National Nursing Recognition Day in Brazos County to increase the public's awareness of the importance the role Nurses play to improve and promote health and wellness to their patients. PROCLAIMED this 6`h day E. 2018. iii ,. -_mired4 Duane Peters A County Judge At/ —Arr.- Commissioner Steve Aldrich V missio - Sammy Catalena Precinct 1 41166,40 — air - - 1:h:4-Lae ' i - , i Commission-.. Nancy Berry 4 Commi i•-- go- 'au1-y-- Precinct 3 Precinct 4 • ;m; tel ' Y OF a. PROCLAMATION National Correctional Officers and Employees Week WHEREAS,National Correctional Officers and Employees Week was first proclaimed on May 5, 1984,by President Ronald Reagan when he signed Proclamation 5187 creating"National Correctional Officers'Week,"to recognize the men and women who work in jails,prisons,and community corrections across the county;and WHEREAS,National Correctional Officers and Employees Week became the official name the first week in May when,in 1986,the U.S.Senate officially changed the name from"National Correctional Officers'Week";and WHEREAS,National Correctional Officers and Employees Week has been designated as the week of May 06,2018, through May 12,2018,by the U.S.Department of Justice and the Federal Bureau of Prisons;and WHEREAS,National Correctional Officers and Employee Week honors the work of correctional officers and correctional personnel for their service with honor,respect,and integrity;and WHEREAS,National Correctional Officers and Employees Week raises the awareness of the duties,hazards,and sacrifices made by the Correctional employees;and WHEREAS,National Correctional Officers and Employees week in Brazos County recognizes Correctional officers and employees for the their role in safeguarding the citizens of Brazos County by providing safe,secure,and humane incarceration of offenders within their custody; NOW THEREFORE,BE I'P RESOLVED that the Commissioners Court of Brazos County,does hereby proclaim the week of May 06,2018,through May 12,2018,as"National Correctional Officers and Employees Week."AU citizens are encouraged to pay tribute to the many Correctional Employees working in Brazos County for the vital public service they provide. . PROCLAIMED this (c y- day of_ -t 2018. Dunne Peters County judge • Commissioner Steve Aldrich ommissiom Sammy Caralena Precinct 1 ' • ,42 c/ Commissitmer NancyBerry Commiss oner Ir . "'aut. - Precinct 3 Precma 4 vol.I 72- Pg: 17 1 i aa• Aj \ 5 f. 7... Brazos County Template Revision 120811512012 Airco: Job Description � gip; cTr'or e�P, Last Updated: April 2018 Class Number 1441 Title: Program Coordinator Pay Group: 14 Department: Sheriffs Office FLSA Status: Non Exempt Reports To: Support Services Lieutenant Approved Date: 05/01/2018 EEOC Category: Office and Clerical General Summary: Coordinates programs within the Sheriffs Office which may include but are not limited to;Crime Victims Assistance Liaison Program,VINE Program and Crime Stoppers Program.Works with other law enforcement agencies,other governmental agencies,and members of the media.Additional duties may include but are not limited to;administrative support for the Criminal Investigations Unit. Essential Duties: Other duties may be assigned.Assigned to the Criminal Investigations Unit and may perform the following duties; • Attends basic and updated training for Crime Stoppers,VINE,and Crime Victims Assistance programs; • Performs all duties associated with the above mentioned programs; • Prepares reports for the above mentioned programs and for the administration of the Sheriffs Office and required reports with state agencies. • Assists local law enforcement agencies, other governmental agencies,and members of the media; • Receives tips on the Crime Stoppers tip line,verify the information and forward the information to the appropriate agency and explaining the payout process to tipsters; • Follow up with investigators and agencies to determine status and if more information is needed; • Maintain Tip files and statistics for programs; • Assists with media in producing the"Crime of The Week"; • Meet monthly with Crime Stoppers Board,appear with the Board at public speaking functions,and promote Crime Stoppers programs with law enforcement agencies; • Prepares mail-outs to crime victims and acts as the liaison between crime victims and crime victim service agencies; • Prepares reports and provides secretarial duties for the Criminal Investigations Unit. Other Duties as assigned. (1%) Supervision Received: From Sheriff,Chief Deputy or Support Services Lieutenant Given: This is a non-supervisory position. Education Required: High school graduation or its equivalent. Preferred: I _ Experience _ Required: Must be able to perform each essential duty satisfactorily.The requirements listed below are representative of the knowledge,skill,and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: One year experience with a law enforcement agency or prosecutor. Certificates, Licenses, Registrations Required: Preferred: Certification from the Texas Law Enforcement Telecommunications System(TLETS) vat 02 702- Pg. -5'9 err.; Physical Demands Typical: The physical demands described here are representative of those that must be met by and 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 twenty pounds,such as books,stacks or records,or other similar objects.Specific visions abilities are required by this job include close vision,and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Court documents,state,and federal laws regulating to operation of Sheriff's office.TCIC/NCIC system and procedures;departmental policies and procedures;and standard office practices and procedures.Operate computers,including word processing software;write letters and memos;perform basic mathematical calculations;interpret policies and procedures;analyze information;operate office equipment,such as copy machine,facsimile machine,and Dictaphone;communicate effectively,both orally and in writing,and maintain effective working relationships with coworkers. Work Environment Typical: The work environment characteristics described here are representative of those and employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable. individuals with disabilities to perform the essential functions.The noise level in the work environment Is usually moderate,but my be noisy or distracting.The employee is constantly required to perform multiple talks simultaneously and to work closely with others as a part of a team.The employee is frequently required to work under time pressures to meet deadlines. • 5 I •• y Date Duane Peters County Judge Brazos County Juvenile Justice Center Detention Services Agreement May 1,201 S—April 30,2019 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 May 1,2018 -April 30,2019 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Grimes 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 Grimes County,in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code,Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider,and is located at 1904 HWY 21 W.,Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing May 1,2018-April 30,2019. It shall be automatically renewed for one (1) year terms thereafter, commencing May 1st and ending April 30th of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board,supervision twenty-four hours per day,seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities;and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment")is required for a child placed in the Facility,the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless 1 • . Brazos County Juvenile Justice Center Detention Services Ageement May 1,2018—April 30,2019 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 supetvision,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 Grimes County juvenile court in accordance with the Texas Family Code,Tide 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. If a child is classified as being a High Risk Suicide and thus, per state standards, is required to be placed on one- on-one supervision, the daily rate of detention shall increase to$200.00 a day until the child no longer requires one-on-one supervision.This rate includes any partial day(s). 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 2 Vol. ,2 7a- Pg. Brazos County Juvenile Justice Center Detention Services Ae-eement May I,2018—April 30,2019 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. 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 Grimes 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, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Grimes 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. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County$100/day for each day the staff is unable to report to work in Brazos County.The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis.Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not limited to: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 3 • vol 2 7.2 Pg. Brazos County Juvenile Justice Center Detention Services Azreernent May 1,2013—April 30,20:9 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): A. If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds.Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit,then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation.The accounting shall be provided to Juvenile Probation thirty(30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer.Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS&AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention,Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Grimes 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 valuation 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. 4 \Vol. Pg. G 3 Brazos County Juvenile Justice Center Detention Services Aeeement May 1,2018—April 30,2019 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 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. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider 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 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 3.01 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) 825-1669 and Service Provider shall contact Juvenile Probation by telephone at(936)873-3921 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 5 a/ Vd. a27-2-- Pg. Brazos County Juvenile Justice Center Detention Services Agreement May 1,2019—April 30,2019 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@tiid.texas.gov and 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number(936)825-1669. 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 programand 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. 6 • vo(. 7e Pg. G.f Brazos County Juvenile Justice Center Detention Services Aweement May 1,2019—April 30,2019 ARTICLED( 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. 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 therefrom 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. 7 Vol. c2 7)- Pg. Brazos County Juvenile Justice Center Detention Services Agreement May 1,2013—April 30,2019 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; 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. 7a- Pg. Brazos County Juvenile Justice Center Detention Services Agreement May I,2018—April 30,2019 ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project,shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect,in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may,by written notice of default to Service Provider,terminate the whole or any part of this Agreement, as it deems appropriate,in any one of following circumstances: A. If Service Provider fails to perform the_work called for by this Agreement within the time specified herein or any extension thereof;or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten(10)days. 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; •9 va. 7 P9. I J Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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, 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 Grimes County having juvenile jurisdiction • PO. / 1 Brazos County Juvenile Justice Center Detention Services Ageenent May 1,2018—April 30,2019 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)] and 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)] Grimes County Brazos County Juvenile Justice Center Probation Department Sherrie Barratt Doug Vance, PhD Chief Juvenile Probation Officer Executive Director Grimes County 1 I. Authorized Official Duane Peters Chairman, Juvenile Board BRAZO�SCOUNTY COMMISSIONERS COURT ON j /1 I , 20 ) FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL- AVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County Judge 200 S.Texas Ave., Ste. 332 Bryan,TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 11 Vd. 79- Pg. _l- Brazos County Juvenile Justice Center Detention Services Agreement May I,2013—April 30,2019 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 May 1,2018-April 30,2019 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Madison County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter"the Facility") by the Brazos County Juvenile Services Department (hereinafter"Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE • 1.01 Whereas Madison County,in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code,Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-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 May 1,2018 -April 30,2019. It shall be automatically • renewed for one (1) year terms thereafter, commencing May 1st and ending April 30th of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board,supervision twenty-four hours per day,seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities;and crisis intervention to each child placed within the Facility. B. If emergency examination,EMS treatment,health care treatment and/or hospitalization outside the Facility ("Outside Treatment")is required for a child placed in the Facility,the Administrator of the Facility isauthorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless vo(. 702- Pg. 7 1 Brazos County Juvenile Justice Cater Detention Services Agreement May 1,2018—April 30,2019 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. If a child is classified as being a High Risk Suicide and thus, per state standards,is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision.This rate includes any partial day(s). 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. 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. C. 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 2 Vd. 2 7 0� Pg. 7) I ••I Brazos County Juvenile Justice Center Detention Services Agreement May 1,2013—April 30,2019 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. 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 Madison County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered.The NIAYSI-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. NI. 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, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Madison County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code,Section 51.12. ARTICLE IV 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. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County$100/day for each day the staff is unable to report to work in Brazos County.The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis.Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not limited to: 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 fvol. 92, 7,0t Pg. 13 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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): A. If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds.Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit,then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation.The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer.Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS&AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention,Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Madison County. ARTICLE VI EXAMINATION OF PROGRAM&RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation 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. 4 Vol. 2 79-- Pg. 74f Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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 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. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider 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 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) 241-6231 and 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: 5 ual. 67Z Py. 7� Brans County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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®tiid.texas.gov and 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number(936)241-6231. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses,learns of,receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief 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 jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. 6 Vol. a 7� Pg. 7 4 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2019—April 30,2019 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 Depat Latent of Public Safety. 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 therefrom 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. 7 tiro . _CZ 7 p9. 17 Brazos County Juvenile Justice Center Detention Services Ageement May I,2013—April 30,2019 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; 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; F. 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. S VOL aZ 7°2- Pg. 7 Brazos County 3uvenire Justice Center Detention Services Agreement May 1,2013—April 30,2019 ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project,shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect,in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may,by written notice of default to Service Provider,terminate the whole or any part of this Agreement,as it deems appropriate,in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof;or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten(10) days. 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; 9 Lv . A 77 pg. 77 • Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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, 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 Madison County having juvenile jurisdiction 10 Vol. Pg. — Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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)] and 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§115.337(e)and(f)] • Madison County Brazos County Juvenile Justice Center Probation Department Jennifer Long Linda Ricketson Chief Juvenile Probation Officer Interim Executive Director Madison County ` Authorized Official Duane Peters Chairman,Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT , 20 , FULLY EXECUTED IN DUPLICA1E, EACH OF WHICH SHAALHA - FULL FORCE AND EFFECT OF AN ORIGINAL. By: Du ne Peters, County Judge 200 S.Texas Ave., Ste. 332 Bryan,TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 11 VOL is 72 pg. g / Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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 May 1,2018-April 30,2019 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Walker 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 Walker County,in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code,Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider,and is located at 1904 HWY 21 W.,Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing May 1,2018-April 30,2019. It shall be automatically renewed for one (1) year terms thereafter, commencing May let and ending April 30th of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day,seven days a week; - -- - - ------- routine-medical-examination-and -treatment-within-the Facility-(but-shall-not-provide-or-payfor-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 to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless 1 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2013—April 30,2019 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 arc alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision,as reflected in a Child in Need of Supervision Order (GINS)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 Walker 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. If a child is classified as being a High Risk Suicide and thus, per state standards,is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision.This rate includes any partial day(s). 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 2 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2018—April 30,2019 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. 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 Walker 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, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Madison County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code,Section 51.12. ARTICLE IV 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. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County$100/day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of BrazosCounty and upon Brazos County's-ability to maintain adequate staffing. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis.Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not limited to: 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 3 Vd. P9 �4L Brazos County Juvenile Justice Center Detention Services Agreement May I,2013—April 30,2019 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): A. If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds.Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation.The accounting shall be provided to Juvenile Probation thirty(30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer.Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service'Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS&AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention,Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. • 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Walker 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 valuation 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. 4 I VOL _a2 2� Pg. 25 Brazos County Juvenile Justice Center Detention Services Aereement May I,2013—April 30,2019 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 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. Service Provider further agrees to cooperate fully with die State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider 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 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- 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) 436-4997 and Service Provider shall contact Juvenile Probation by telephone at(936)436-4994 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 5 VOL a o �✓ � Pig le • Brazos County Juvenile Justice Center Detention Services Agreement May I,2018-April 30,2019 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 TED Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abuseneglect@tjjd.texas.gov and 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number(936)436-4997. 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 juvenilejustice 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. F. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached,operated wholly or partly by or under the authority of the governing board,juvenile board or by a private vendor under a contract with the governing board,juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The terns 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. 6 Vd -- P9' --�-' Brazos County Juvenile Justice Center Detention Services Agreement May 1,2019—April 30,2019 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. 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;intemet-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 therefrom 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. Pg, 8� 1 1 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2015—April 30,2019 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; 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?ightsi duties and lor obligations-arising-out of-this Agreement without the written consent of Juvenile Probation. 8 va. 7? Pg. F Brazos County Juvenile Justice Center Detention Services Agreement May 1,20IS—April 30,2019 ARTICLE XIII OFFICIALS NOT TO BENEFI I 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project,shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect,in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may,by written notice of default to Service Provider,terminate the whole or any part of this Agreement,as it deems appropriate,in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof;or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten(10) days. ARTICLE XV I ERMINATION 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; 9 Vol. � _ .._. �O . Brazos County Juveniie Justice Center Detention Services Ageement May 1,201S—April 30,2019 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, 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 Walker County having juvenile jurisdiction 10 Vol A72 Pg. 7/ Brazos County Juvenile Justice Center Detention Services Ageement May 1,2018—April 30,2019 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)] and 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(I)] Walker County Brazos County Juvenile Justice Center Probation Department Jill Saumell Linda Ricketson Chief Juvenile Probation Officer Interim Executive Director Walker County at Authorized Official Duane Peters Chairman, Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT ON U rW , 20 I S, FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL - . I 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 11 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER McAllester Lane Temporary Easement THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): RICKY J. PALASOTA AND WIFE, ELAINE PALASOTA AND RICKY J. PALASOTA,JR. Grantor's Mailing Address: P. O. Box 985 Bryan,Texas 77806-0985 Brazos County,Texas GRANTEE: BRAZOS COUNTY,TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property(including any improvements): All that certain lot,tract or parcel of land being 0.011 of one acre situated in the JOI-IN H.JONES SURVEY, A-26,Brazos County Texas, and being a part of that certain LOT 4, BLOCK 1, STEWART'S MEADOW, PHASE I as described in deed from David Glover and Melinda Glover to Ricky J. Palasota and wife, Elaine Palasota and Ricky J. Palasota,Jr.of record in Volume 8413,Page 100 and Plat Referenced in Volume 501,Page 569,Deed/Official Records of Brazos County,Texas,said 0.011 of one acre tract being more particularly described by metes and bounds as shown in Exhibit"A" attached hereto and made a part hereof for all purposes. Page 1 of 3 !VOL a+ 2d2 Pg. y'3_ 1 This easement shall be used for construction work space in, along,upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises. This easement shall expire on the 1" day of January , 2019,or on the date of completion of construction,whichever occurs first. TO HAVE AND TO HOLD unto the said Brazos County, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove,the premises described in said Exhibit"A". When the context requires, singular nounsrand pronouns include the plural. Executed this day ofi i , 2018. �///app// ��t)�]f�t�Rib Ric ' ; Palasota Elait Palasota Ricky J. Palasota,Jr. Acknowledgment STATE OF TEXAS § COUNTY OF Al-c LOS § This instrument was acknowledged before me on `Y —p by Ricky J. Palasota. DARRELL W KDLWES My Commission Expires s, July 23,2018 Notary Public,State of Texas Acknowledgment STATE OF TEXAS} § COUNTY OF pzas § This instrument was acknowledged before me on "1--;143—/g> by Elaine Palasota. a` DARRELL W KDLWES C1 , My Commission Expl o; /a July 23.20113 Notary Public,State of Texas Page 2 of 3 • Acknowledgment STATE OF TEXAS § COUNTY OF } t z o5 § This instrument was acknowledged before me on. —as—l by Ricky J. Palasota,Jr. 4!1h; DpAAEL1 W KOLWES %Ito' My Cd y 23.1201on 8 ire Notary Public, State of Texas Page 3 of 3 Iva. Y2 Pg. l • 1 r� 1722 Broadmoor Ste. 105 TRONG Bryan,Texas 77802 • Phone: URVEYING, LLC Fax:(979)(979) 731776-9836-0096 `rt FIRM NO. 10093500 Email: curtis@strongsurveying.com EXHIBIT"A" PAGE 1 OF 2 BRAZOS COUNTY McALLESTER LANE TEMPORARY CONSTRUCTION EASEMENT 0.011 OF ONE ACRE OUT OF THE . RICKY J. PALASOTA ET AL LOT 4, BLOCK 1 STEWART'S MEADOW,PHASE 1 VOLUME 8413, PAGE 100 REFERENCED IN VOLUME 501,PAGE 569 JOHN H.JONES SURVEY,A-26 BRAZOS COUNTY,TEXAS . APRIL 4, 2018 All that certain lot, tract or parcel of land being 0.011 of one acre situated in the JOHN H. JONES SURVEY, A-26, Brazos County, Texas, and being a part of that certain LOT 4, BLOCK 1, STEWART'S MEADOW, PHASE 1 as described In deed from David Glover and Melinda Glover to Ricky J. Palasota and wife, Elaine Palasota and Ricky J. Palasota, Jr. of record in Volume 8413, Page 100 and Plat Referenced in Volume 501, Page 569, Deed/Official Records, Brazos, County, Texas said 0.011 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the south right-of-way line of McAllester Lane as described in Volume 501, Page 569 for the northeast corner, said point being located in the northwest line of said Lot 4, a 1/2" Iron Rod found for the northeast corner of said Lot 4 bears N 76 " 13'51 " E a distance of 35.20 feet; THENCE S 13 °46'09" E, a distance of 20.00 feet to a point in a dirt pit for the southeast corner, THENCE S 76 ° 13'51 "W, a distance of 25.00 feet to a point in a dirt pit for the southwest corner, said corner being located in the northeast line of a 0.44 Acre Temporary Construction Easement as described in Volume 14434, Page 183; THENCE N 13 °46 '09"W, along the northeast line of said Called 0.44 Acre a distance of 20.00 feet to a point in a dirt pit for the northwest corner, said point being located In the south right-of-way line of said McAllester Lane, said point also being the most northerly corner of said Called 0.44 Acre Easement, a 1/2"Iron Rod found for the Point of Curvature of the north right-of-way line of said McAllister Lane bears S 76° 13 ' 51 "W a distance of 41.82 feet and N 13 °46' 09"W a distance of 60.00 feet respectively; THENCE N 76 ° 13 '51 E, continuing along the south right-of-way line of said McALLESTER LANE and the north line of said Lot 4 a distance of 25.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.011 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of October, 2017 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working u •-r Firm No. 10093500. North Orientation is based on rotating the northeast line of said Lot 4 to PI. ';•• er information see accompanying plat. kk • '' i TtSS ,�C:'0 4961 .'t a•i� .9 ;este i0 l yo v,;al�- vol. 72 1\ N I Fnd. 1/2' Iron Rod Z STTUTT. I,2, IIOT NE 1gG13/10 01 w; MC At-t E i _ �T . .4\ • 102.02 NEC Lot 4 25,00' , 0.1 ` S •13.46'09• E - 20.00' 4162 1, N 13'46'09- W - 20.00'---V 0.011 At. 1 500 sq. ft. LOT 3, BLOCK 1 1 f S 76.13'51' W - 25.00' 1 a w 9 1 �1 NOTES: . r1 LOT 4, BLOCK 1 North Orientation is based on rotating ;a 1 (he northeast line of Lot 4 to Plat s . 1 Coils. 401"11 All coils ore Call and Actual. , P1 All easements and/or utilities may e t rn 1not be shown on this plot, 3 1 •• '6R 4 'on 1 EXHIBIT' A " 7 4 4961 gyp:¢, BRAZOS COUNTY ,`'1aF ty�;a,ESS �•y° McALLESTER LANE s u a , TEMPORARY CONSTRUCTION EASEMENT 0.011 OF ONE ACRE OUT OF THE ' I, H. Curtis Strong. Registered Professional Land Surveyor RICKY J. PALASOTA ET Al. No. 4961. do hereby certify that this plot represents the LOT 4, BLOCK 1 results of an an the ground survey performed under my STEWART'S MEADOW, PHASE 1 supervision during October, 2017, and is true and correct to the best of my knowledge. - VOLUME 8413, PAGE 100 REFERENCED IN VOLUME 501, PAGE 569 7722 Broadmoor,Suite 705 JOHN H. JONES SURVEY, A •'26 TRONG e ya r«at nao� LURVEYING, LLC FhFae(979)737-0 96 BRAZOS COUNTY, TIXAS FIRM NO.70093300 ema6•ard,ostmngsureyir,giom SCALE 1" = 30' APRIL 4, 2018 SHEET 2 OF 2 E.... ..- 7 Q Pg. m92 l . 1 APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code,Section 181.024,comes now FWP Holdines. LLC [company name],hereinafter referred to as"Company"a Texas [stale] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct,maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Rood Length of TYPE OF CONSTRUCTION Road Name&Block Number Crossing (CHECK ONE) Bored Jacked 1 Driven Cased Facility to Parallel County Road Within RIght-Of-Way Road Name and Block Number From To Depth Distance Goodson Bend Road 30036'49.69'N 30°38'22.21'N On Surface 12.500 feet 96'28'3825"W 96°27'25.36"W CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Polyurethane(Flat Hose) Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 7.2_ pg. 1Fs- expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein fi.e.depth,location,ere),Company assumes all financial responsibility for damages and/or destruction of lines,cables,etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy,Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time,in the sole discretion of Brazos Comm.,for interests of public health,safety or welfare, or for failure to repair any damages upon demand,or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein,the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of begimdng construction shall constitute grounds for job shutdown. By signing below,I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this permit. rt,-2P •1._ LL C Company N C-;44.047/ By: Signature Title /0X60 Lr%!c?4(L . /2) }tile 9 60 Address 1 r —270 y a City State Zip 7 l 3-752-5-s 3 3 Phone s mbar o.i.Cs. Email: rvoL2)_- Pg. 7 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 4- 02'4- a except as noted below: - (Month/Day/Year) EXCEPTIONS: n ' e1.h.c. CaL. 111,,L, Brazos County Engineer yd. 02 72 Pg. /4 i 2,5,9 o AL-- _ SS 1 I tj ROAD R �fafd4Y 0 (i Joccn 84 Rd CENTER LINE 0 F COUNTY ROAD J ,Th .,s SHOW NORTH ARROW N r -Z c�W ROAD RI3IiT-0F-Ut14Y - —, V 1 c PLAN VIEW , CENTER LINE a 1 ' \ _ 9 \ f b F T -----: i c \ 1 \ S O COUNTY ROAD Ge.ts� Re-i Rd TYPICAL SECTION 1 . 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"k,' ,4kY 41r• µ+r• •j sit 4 T.y,,{`Ka� w . .rrf e .x t .( :S a::i �' :W.lwc� BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical,in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed,maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e.pit,excavation, hole)left open overnight,requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. , a-_7 01_ PFS, _/b3 1. _ _._...._..,..�..�...� b. If construction is within ten(10)feet of the roadway;or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(10)feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power-0 to 2 feet,nominally l' Phone—2 to 4 feet,nominally 3' Gas — 4 to 6 feet,nominally 5' Cable—6 to 8 feet,nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No.3 above;however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing lithe annular space between pipe and casing and soil exceeds one(I)inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Val. 02- 7 pg. /UCi c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT he located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 1 1. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc.),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work I. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs,Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities I. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When end if the County Engineer determines that it is necessary for the construction,repair, improvement, alteration or relocation of all or any portion of said road,any or all poles,wires,pipes,cables or other facilities and appurtenances authorized hereunder, shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines I, All utility Permits for high pressure pipelines(generally 60 PSI or greater), whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline f below deepest ditch trade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18"minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way. Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. va. 2 7.9- Pg. /04 [: • . LEGEND T� I .t•• Too l Berton •• t.I Itln Cyan . . €be I I ROAD 7 CO Inn Serb velar. Q9 It wearm., AHEAD k 5 6 coast mune wren Menlo ,1Sett ,n, 3 ,n, (� ninon Mv.pap¢ 1.44000 SIP rcoat 4_-� a V I L RD V UM � �I' v I •' ao�ioaa SIP iMlta On E $ I S 20 I ROADWORK he rine 11 I ux zr Q Fin (Lo ricer . .• " 1 1710054 W-2 ISD not.150 sion kitp mr.v m'Im fa I 5.o rm.n I .e•A l.' ranula Iwitroero- ROAD W.vin xis I in 111 nor anion inn ar g{� noel ti _ • YANFAD 1 I at rt•I nae iaw looms. vin°u 9•f3. ,glee lin e i• SI to i 150' 165' IIP 30' 60' I20'- 50' an1� p11 4 RI 15l-� 205' 225. 215' 3v 70'- I'0 r 20' �GeI I b^ I m 253' 255' 320' 40' 00' 240' I55• 4g •¢$IAM, b b"° I as 450' 495. 510' 45' 00' 320' 11' Sr T I I l 6 • I 3Y 500' ]SP 9000• 50' 'CO. ¢Oe' 240' - 4§' 6 — I •1 55 b•AS SSD• 505. OW 55- 110' SOT 055• b b R I I • 8 - I w 6D0• sw•I1N' d• 120' soo• l00' •! 5 I • 65 650• n5• VW 65• '30' 100' 00' F}E cci _ I 215 100• no• 000• 10• I®• ECO' 4W j53 t I R� t aritri FY°2 's Ink vehicle 150' na• SOD' n• I ISO' 905' 940. • . noon Ipaltar M' 8 on Yol.II, N C(etT1IW1 IRN.Orn • Ploy I n, a,IapIM Mw Mr earm'..rr. b. a� I __-. I .r1Y sal notion I ® • I-t ylt o5 InernI•.n¢m a Offen"'S.Po.nv!ordlelII mr.mr•no. I -.1 I en. Wall roan In Oeonllo Men I ( tcattoo trot TYPICAL USAGE :n ®N 01nw If In k In of 1r0ffla by .yy50ggn� — I >ml[ Loll Sit 2V11 IoM'ID or In 1Qtl • 7%30.7 fI.IaInNon n 041arr;r')I�irlm I A?N�� E. iWnw nm0an 1W nn10Wf slnl'2Y4._ j1.41.144 I 2 U` ..I 1 CIE 'n. • 1 f , I J 1 J YY -i CR �' C RIO ' ; I it LI GENERAL NOSES •• 1s..Oro..5 SI C, . I.11005 Nlrnel tll (tar n..e.elcey u.0.ylIIR 46 l _5I t LII onion On ,0.ly ar1W nti l t toe Qyf®...t Ivy 7 1s44 mrn.15P I•� 1 • n tha ^ I �: `I •I°I.,omor:Inn..lm. 1.ro'o-mneen.b t We ror0.wm nine h Na Were. 1.SlalaII. mtaral Snot a or is a dales of H fel las 1 - A roil roofed on. I '�•o I e I .sear aeon om lW 044141 nen wenn,anent (" I RS b� I = 1544 mica"S5 `J i Nolllnlg O'1t1 II 11..2 Oob Violet ImalY OrYI¢o- ° ■. • in nen If onto wlim.d 50 m NO fist Into ner e bb O.anof annon Are camels dist/Eno tot v f.1I rn.vv a Oolln If 04 roar If aa.a..0 ID's VWat .: 5 bet ray a-at tedNtn.min Its harm carrel m istn It. .-be pm.1p 3 lorrmw a err e0..naO Mian.o/34 ( ^ 5b`^ I • F. I ottlI IWe15Y lb Po5n lnrar.DO 1W. I.WnId of Pore Wen rill➢O.®7 to pained off 015 inn rar..,r.vim11..e.nnw.romans°.l¢.asnm =a.% I List 7015.5 la tno1 rya P aplm moan,ovum..as ' frown ..I on auclw earls went aLlu 4Cr. nV m E T.d 3 I 1 ♦ . 1 Sh bR rlan-y-.aSrN aro prla.dnN.roof.adrer. i Ia. C ,7 ROAD . •. I , I L ro12 i&Ao'.ria SIO."to`WtiI .a-t y Ps tin asn of IoaE.'e-na,.. F d I sola Flo a ) a ROAD _ 2 t /JIGO ROADWORK IIDRA yy to.colnraatle a-nrnlovw compo nee.n.alnc I 1\ I e2D•z I MEAD j R I . ^.. i noel r.olrteM$s for t m Iobn on ea fowl �Iu- IS'it 2t 215 END I ROAD I Anon...31011 Doti affIc nroltnc orlon- Sot - Q I Q 5 ,n,I^ .Ott.. AWED Q Dale I V 'U' en.a cm-2 1 MAO rTum OlDmlastof Tans,r4dlon 5. I I Oe.rot. n• m7l°¢emv ann. OnO10 7 triep.:D TRAFFIC CONTROL PLAN p rata II CONVENTIONAL ROAD SHOULDER WORK TCP (2-la) TCP (2-Ib) TCP (2-10) TCP(2-1)-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER ml�ta re - _I°" Conventional Roads Conventional Roads Conventional Roads 1.q rn �Im,D °. ra I n.�. In In APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Pursuant to the Texas Utility Code,Section 181.024,comes now FWP Holdinas. LLC [company name],hereinafter referred to as"Company"a. Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: - - - Facility to Cross Road - - Length of - TYPE OF CONSTRUCTION Road Name&Block Number Crossing - (CI IECK ONE) . E Bored . Jacked - Driven Cased Facility to Parallel Count"Road Within Rieht-Of-Way. Road Name and Black - - - -Number _ •From - - To . - Depth Distance Silver Hill Road - 30°37'59.60"N 30`37'58.61'N On Surface 1,700 feet 96°26'34.19"W 96°26'32.28"W CONSTRUCTION TYPE - - -10" Diameter Wall Thickness Material Specification Polyurethane(Flat Hose) Macimum Operation Pressure 200 PSI - The location:and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to theextent of the County's right,title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or f va. a 7-2 Pg. /o I expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. - - - Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners.and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. in the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with .installation requirements set forth herein(Le.depth,location,etc), Company assumes all financial responsibility for damages and/or destruction of lines,cables,etc.based upon its failure to comply with Brazos County requirements Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy,Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies Tills permit is a revocable permit Brazos County reserves the right to revoke this permit at any time in the sole discretion of Brazos County,for interests of public health,safety or welfare, or for failure to repair any damages upon demand,or for any other reason deemed sufficient by Brazos County. - - In the event Company fails la comply wills any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notifcationto the Applicant/Company. -- _Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for jobshutdown. By signing below, I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this permit. F,:? A4 o c Company Name 1),c akit, By: Signature Title°Zbo t tA's ,f—et i21 Sark yea Addre f-{-,asr� '77s ?7oyz City State Zip 113—/C2--•533 Phone Nhnber 4-40 eat:Pt-Cott/ice Email: uod. 72 PIS: fC 9.1 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated T`i '& l F except as noted below: (Month/Day/Year) EXCEPTIONS: it 11 / b�G ABrazos County Engineer ,s,..,_____„..i `' S:t uco- 71/RCC . 1 i . 0 �`.�F�t4Y \ CENTER LIN EO F COUNTY ROAD is - I9 ySHOWI NORTH ARROW ---5. . . ' ROADRGHT-OFARNY, ,I- ve, i PLAN VIEW CENTER LINE al {I i t4 ,1f ` 0 1 I i /Fi i \ hi \ "7 4 6 I` ' i • N. COUNTY ROAD St(4, (-td( R), L______--.,_.) TYPICAL _______.) TYPICAL SECTION 1 . IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH 8 LOCATION OF CONSTRUCTION IN TYPE SECTION 8,PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE,THEN SHOW APPLICABLE PLAN AND/OR SECTION M.A _ n q v M1, 1`N'r '3S -di A Y` F.s',f*In ,14 p. IV virtg ji, i :PS A 'R S� ueir. : a . itt %314 1. c. "sr` - .., .0,1-... ..,: -,.4...74, fi, a ♦ i a y�. ip ' ?A* fi: _ s O'vb .,p : >: 44 . (� r r[eliciii.C., t z; iyi • iki• vs 5 y1 T � h4Yx11kv1tYr"stl, x ^ '' }i-=4:: �" 2P .. ' .• t,04kq .c , . ' .' 1\ IV` qk4� al ., t6.31 �T � :(. 4rt- rsA � ` ' • � 5.11" ! Z l't1.. '' : 'ri' yt- _ `.� rit Fab ; ySa w wJ k ?",,:,„-%;e4„ —. -.F }W ,.A � Cm ' aS . ° K 4-#e., . ..,: k' `+'rm. - � ,, Ri ? r S.p n k ; i ;as-SP +A, { '74rAt cos,..-..,,,„ ". + 4r 9y r i , Y* x.t;.moiy ty. d r k . i:r rYNNZ - ;7y� 'j . t% 1/4P 4e-erl itt 4 k 7` � .. I'„ } " . t,ia , G #C. q lip • - kd i k 2 sLftit � # 5yim ", iµr _ 's.S i� `� i �0 + 9 " A`; r 444 44 ,rsaJ, '.yt44las &a7fs iv a '+ �� d Ift,, to .9 +P *�^ o-a r -4 ''44'.'W f� f ¢i �. .a �{: t e,y ,':, e''''ti, CO° a ¢d . M� l 4. Frw ' t ' µ Yy� f, c� ; s. paYR!HyA 4 ' ' amh1 ' q. a. 'C tik J } * I" 0r h,F • to ra' a�1 ''.4�N,,q�° 't' J>" 9 • ,,. .h a fi jk „,:,4)--,,off.i 'i:* i%. 'tau* 0''''044* t r0,It r�%` R¢ f4* ,� , 41.*04' r tar' ' t 'kis /f{/ x �'i Y /rr. ,.t 4 .$` Litt, *Alt wS°x�'s .. 3 a 1. '^t .� : ,{ � ✓ e_.{ s pfd w. 1 GF 'fir F 7 44f j .`sx, .r,�Y r; j . H,t t'rT ti', a c 7 j ""., +ea al.. E o x. r :w 3d v. 411 .t a . Ye t. 104.‘'.1t4,+�,. r ',5{x` ft;4 "'rte ff4cw's 44 r`r' .e..,,,,,7,11,;./t{ *,„It). F( ,4... `.+z,,,,,.,...,,,,,,,,. ., ..„..,,, ,, ,,,?„...... e , tR”` .s . il '? f�'+� ,r s' "1",--,44- 'M° ', 'eft : 6 )kYa,,: "x aa � u^a Y. ..:„.-44, ..„. .! t ,ry,,i as ? -.4%.4", .ssy a ' ` a 'r 14.0 'rf3 '�r.s �, "' .: n '!�k ' ryx-. a'7"`.Cr x rv2N1"' �}�r., ygx"�fi`E� � -;tea #' � �,�+; l 'ke •e. � � ,. - rie 1' iiC,:a”e, Jr - e }._ ._. A �,5�+� t AC.; a'4 tila 11,5k itl }�"°: '$ kli z Y Y� P.f a 1' ;W }'k >;r u .y. . -5}` . s s _ i t.' S 0,:c4,,4424-4.,. �e an s,, ''4 T.. R y am' $ 'EF Tto t ° a.' Q #.� : k t pas l'4%-ii.. 'ko '3s AnR ' 1 ,- E„V j '- : a. t ' : P .� '.� „4'°" , ,( _ �' .R k ari ^a a �>, ta^kr c' -.',01,-„,'?Sr h t . qi ,, w § yisaw ryhY ffni a J B �,r?a, 3.+ / S^t� z rc r.3� x.T '4 'sk.. At:•e i. f•f, ..OF c ";41*a " •e. *. • e ,..1.1, l'.fi r,. 4 3r <, it=i F «tr *„., ,ft.. «w 'x .as i s-c F . l c s' , °«+ 4:;1 '1 � 0°,, r v,�.,.s'J�,y `• ss, 5,-„, ,- ; ":.^.a , r''q '- "a7', } i ;r,� w .twtp ct^, a. ski �>i. 'P4� xxi} �.f �T-. 'R14i q. -cT, t`a ''�,.r�'+x'r;�;,*6'S:.1'� Vol. 2. 7a2 Pg. //,1- BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary,in order to safely conduct the public through the project area. Company shall provide flagmen, signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles.placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e. pit,excavation,hole)left open overnight,requires specific nighttime traffic control measures pursuant to the TMUTCD; YC1. 02. 7,2 pc? __ //,3� b. If construction is within ten(10)feet of the roadway;or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a. be placed ata minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten(10)feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power-0 to 2 feet,nominally I' Phone-2 to 4 feet,nominally 3' Gas — 4 to 6 feet,nominally 5' Cable-6 to 8 feet,nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No.3 above; however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked.ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(I)inch. Brazos County must be given 24 hours notice of pressure.grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. P9• // c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavementintegrity; 1. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. I0: Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed. during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbedbase and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. I I. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying, construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc.),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereencp work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs,Company Vol: ,2 2 Pg. / /� shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road,any or all poles,wires,pipes,cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18"minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way: Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. jvoL 02 22 Pg. //4 LEGEND O3 • •I I ..,ins 3 torrAra.. . Crarnalra Owla.. VI I I -• IRNO�. - - Pews byvYdal. . ® 'I Willis 6 C a IDil non 1. Lallef war./ pmlmb neown,e �ef ♦ .rL, /� AIP.W a Fiorito Me.kart Ifl Worn.SIT Vo69 7.7 0 14 . NIOAO V 10 LR0-IO a Q10, ENO .1. SIT Gl Traffic Flow 2 7 150112 END 4r A It PO7O fOP2 (� nm RO FAvaAr x g p Ia.la I �eowVo22 9.a on.n ua-1 3p . •. IrIWR n 8 a°-x I oaoi.oil l mle 0.1100 «iii .•a a.• awl. to matte pnr.naVO bp1Mlml 'P1 ?AAP ) sw ml.11 d I '� Is..rota 71.L I i.« *es wnu. a.mlm ala f>a kk .5 $ r 1r 11' II• Tarr Ova mina. Y. F ' naR[ ( c{, — attar-Of rea.A _2 PN 1a Mr" I E:b( I G. S I W 150' 165' 180' 30' 60' 120' 20' pp-R` R•211' R-h . a� .lis L. 205' n5' xu' 353 70' 160' I20• Jta Swwio,.Il I ah ra I- a- a� I 10 z1r 255. 320' 40' CS' N0' 155' Sar e h^ 1 19 450' 095. 540' 49 90' R0' 195' E I 50 5M' 550' 600' 'A' IW' IW' 210' r T 1 - 1 ' d — I 4 • ST—'-L•ns 550' F55'�5f0' u• a0' 500' 295' [ ' : E I L0 100' 660' 7210' £0' 120' 600' 350' a I I $ • e� .So• ns• ue• u• 139' loo• 415' i5 a l0• ® _ �'-i 1 70 103' TN' hrO' 10' 1a' 5M' 475' SG6 b 3 ylny - I.rM le1�n1�1 u7M1 vuh•o)5tin 15 1s0�tar 900• 15' 1130' M]• 543' £8 o a o-ono IH.Ya,.{I M cantina/al 9s04J ally B� a v • a..�Y544f I 8 1 YR tar henna haw G.e9rnesbo 3 I I ^ gut as fining.1 • L•Lntn Of tTPWIl II-Flom Of Otlla,lrtl S.Po.,a 3M.dIN11I e$he. ` ^ -•_. - ,4 rowan. X11 crown, In I L I T3AIFIL USAGE hi Wrr11a1M tlevIN ) H - IW.Tin lDy a I IOIu a ms as Waal If The 103'1 Ywl t@I If1PO41C AOM acern IS sinless f. tl n Mal till 1 w dniw I -40 F. O.I1rf101 I SfAIIW[l 1W11.af101Mi sssllOtlef .e10onI.S a/. I. i ; nl;• - ,1 :f IIr t s. a . ;^ I LI GENERAL 1211E$ -; I5M ro1...L Si rI`,fy��l{I 1 I.11031 a11a1..1 m.IT.w.ter;m®3601 (� •- z1L.II eel IC MAMA anI n.Illutrmrsa.HWI.D..tri oma .Imt0a anaa1.aal Rr a ait1N rrn'kilo In WISr total a151 ' '"—• I I a9 L Sin ocollaf ld rWiala ple�aW Sn of 35 taa nt Ira Naar. r Ma'at ft(IN Ni. '� I ' e " I 4.'maw anion.IM Ow aanlon lmn.IrytRInF FIMI1m. 3�2 •I ' 1515 mutt 55 i wonlN41-II 5NT,..1I 9ak.9nlal.wlmalY Nulaa S_ i Nes a9,W n an a Iasi Now Ynlm fol In G...al ,NAS I IN a.o el a' Masa.IIWan.carter,.0 10 Ia. M a [[flava a-away of Wal If alon m mI Ii at ase^ 2.€( 1 I tRnotd or,raw)ark laalua.rwla Ilvmenc=not m nolo In �` 1 ) =2 ` ela..FN3two, Nur R of g.ltd dnllw al 5. _s'\N h l: • ' ao-tlly*fa IN Winn. romp ud ilu a a'^ 5.nlitOal Wenn/lo l n AN TwW a pal limn art It.5300 Alta..rut la 11.••eon In erne to wood a.lac rale a¢a. 1 I &. 1 6.sp.•l my n fr aaslr Will a enlm mu.m.,am«,w.ed I • • o' OA I,lrODfn semodllcin ro wravAciiT a panty ter Ia T I a nnf-f-i7 Na as rat whorl.X.to nand SoJ14r. V f 3a a • ROAD . I .a 1 �'a0.3 MO41.013 Na-is'l�Io+is*curer sat an carrlvIn al0“o010nIl r.tawl« • S I A nomt 3 I S UM �oAo E 8 AMMO flOADfGO n0PR i % ^ ! F:ma.,.aarin r.olnhmoe ra«MI sml. lUc 1--:::::: f £ ia'l clr.Wlrrrllr fr.IMaVMlalatai so 1oN{ I ewx I urn / • • IIn aw1M1mIw16 Fr nu502.[Rale n•l 50' END n0M parlMi..Slw iraaele fWglllale•O u' Un Ml.ZIA �0-l0 I,t,1n Solt no ./IQ ran• POADIORII �j NOM. I max, V 'v x.mil.n IrIM.- I AHEAD y*Taw fyvrlmr7rt TrowcrlSlon I I sw M.m 1M 338nots1• o-ln, rn.M@nmuIMM Fl TRAFFIC CONTROL PLAN I i [Flow wa ° CONVENTIONAL ROAD SHOULDER WORK TCP (2-la) TCP (2-1b) TCP (2-1a) TCP(2-1)-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER R1tdi1'n`—no BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 30.1—30.2 On this the 1st day of May 2018 at a regular meeting of the Commissioners' Court, the following members were present: A.Duane Peters, County Judge,Presiding B. Steve Aldrich, Commissioner,Precinct 1 C. Sammy Catalena,Commissioner,Precinct 2 D.Nancy Berry, Commissioner,Precinct 3 E.Irma Cauley, Commissioner,Precinct 4 F.Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS,on 1st day of May 2018 the Court heard and approved a budget amendment for the 2016-2017 budget year for Brazos County, Texas; and WHEREAS,expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 5 September 2017, the following amendment(s)to the original budget are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 1st day of May 2018. THE COMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. Duane Peters, Coun y Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS • No.17/18-30.1 5/1/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Improvement Fund Capital Projects Capital Outlay 387,985.00 General Permanent Improvement Fund Other Financing Sources 387,985.00 General Fund Other Financing Sources 387,985.00 General Fund Sheriff Administration Jail Contractual Services 387,985.00 General Capital Improvement and Sheriff Administration-Jail Reallocation of funds to the correct account to purchase a replacement chiller and boiler for the Jail. t xF\b''Ty :rt `a' „S i 7Y Y.k 4 �+ h Yf...!}�.e_ii� Vd' rrYh.t..,F�..1e,M1 ,�{.1.•�V 1 F,a" '; t' F o-`3�2e +t :,1 Depadmc'..I roval�:111ri$ "pi?Date a#, '..3/31 WWr t kl3Rq }xr 34 v1 �'yj�Zt't�nL ttgo��Hr^S ,� U?ge,Appro71/57:—;,,,:! .1a.",x_ r ate Z .-.s ,j Fot''Aeconnw„PurPos`es:Only w r. ° ''..'*,.rL vs. ;r'.'=y t 7iiT;.r.'x`,': i'j.0Sa P,382,2aaN,. 113822 -fi' ,a ?"."I Vii..,v4: a88s•,. '48'122 r 3843,1n.. 82 ?GNZ",i3''::` FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80286000 CR Equipment-Other 387,985.00 4500 91300000 DR Transfer to General Fund 387,985.00 0100 49015000 CR Transfer from Capital hnpr.Fund 387,985.00 0100 28002000 71206000 DR Maintenance 387,985.00 Vol. 2a Pg. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.17/18-30.2 5/112018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase ! Decrease Health Department-County General Fund Support Departmental Support 2,500.00 Health Department-County General Fund Support Professional Services 2,500.00 1 I Health Department-County Support Reallocation of funds to the correct account to cover the cast of professional services. alii ...ia ... r,tMYdT"G " tl 1:17,1041/444i4MMEM ;artmen iCount !dgiproval r=1.z�, ,m..u. Date ,+,4 ',10 ,y, e ;+ "x a r'"7f�4;:`.. ? k F ,n ro a o1-.:¢a:*”.. ei.9 -.-,e. ,eo x,n < �� ,., .Foril2connfin�PvrpoSesAn1}_:t, w, a ',r, FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 26002000 61400000 CR Insurance 2,500.00 0100 26002000 72590000 DR Professional Fees-Other 2,500.00 PERSONNEL IS CHANGE OF STATUS REQUESTS Commissioner Court Date: May 01, 2018 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Sartain, Austin Separation Sartain, Sallie Separation Exposition Complex Acord, Austin Employment Juvenile Services — Detention Rogers, Zachary Separation Road & Bridge DeJesus, Andres Change of Status Grisso, Johnathon R. Change of Status Lorenz, Corey Change of Status Meadors, Ronald Change of Status Wich, Adam Change of Status Zavala, Othon Change of Status Approved in Commissioners' Court: Ma a -Q18 )iLl 11111 County Judge's or Commissioner's Signature: \\ - (This Copy to be attached to minutes) 1 2 701 p9, t2T I \voi _