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HomeMy WebLinkAbout2018-10-09 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 9, 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 - Commissioner Catalena 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-24: 3. Proposed county holidays for the 2019 calendar year. 4. Request from Facility Services for a payment authorization to Lowes in the amount of $11.11. Purchase Order was closed inadvertently. 5. Request from Facility Services for a payment authorization to American Leak Detection in the amount of $1,085.00 to locate a fire line at the Brazos Center and help locate a leak at the Expo Complex. A purchase order was not obtained in advance. 6. Request permission to expend $1,000,000 budgeted in fiscal year 2018-2019 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested; principal and earnings to benefit Brazos County retiree health insurance. 7. Approval of the Sheriff's Office Vehicle Use Policy 901.00, for County Owned Vehicles. 8. Approval of the following job descriptions: • a. Class Code 0225, Public Communication Officer for County Judge • b. Class Code 1003, Chief Deputy Treasuryd nvestments for Treasurer's Office 9. 1 nterlocal agreement with the Brazos Valley Council of Governments for a solid waste grant project. Vol. o� �l Pg. �o 10. Contract renewal with TrueCore Behavioral Solutions, LLC for juvenile residential services. 11. Contract renewal with Cameron County for juvenile services at the Boot Camp and Educational Center. 12. Contract renewal with Cameron County forjuvenile residential services at the L.I.F.E. and B.R.A.V.E Program. 13. Award of Bid #19-028, Cutback Asphalts. Recommended award to Cleveland Asphalts. 14. Pricing Proposal #19-086 from Gessner Engineering for the reconstruction of Democrat Road. 15. Pricing Proposal #19-087 from Gessner Engineering for the reconstruction. of Wheelock Hall Road. 16. Consider and take action on the Frontier Communications utility permit to install 300 feet of 25 pair cable near the right of way line on Schehin Road located 0.7 mile southwest of FM 2154. Site is located in Precinct 1. 17, Final Plat of Indian Lakes Subdivision Phase XXXIV; Lots 1-8, Block 45, 13.661 Acres; J.M. Barrera Survey, A-69; Brazos County, Texas. Site is located in Precinct 1. 18. Final Plat of Reese Cove Subdivision; 12.966 Acres; William Dunn League; A-108; Brazos County, Texas. Site is located in Precinct 1. 19. Approval of the Treasurer's Report for August 2018. 20. Expenditure Journal Entries • FY 2017 - 2018: 130022 - 130036 21. Tax Refund Applications for the following: • a. Mary L. Meyers, Exec. Est. of Thomas S. Henderson - Overpayment $34.62 • b. Equity Trust Company, FBO Nelson B. Saunders, Sr. - Overpayment $300.00 22. Budget Amendments. • a. Budget Amendments FY 17/18 • b. Budget Amendments FY 18/19 23. Personnel Change of Status. Personnel Action Forms 24. Payment of Claims. 25. Acknowledgement of Monthly Reports Submitted in August. 26. Sheriff's report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and/or concerns 29. Adjourn. E 9 % pg. 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 vdll 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 vnll not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Fbwever, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. 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. Flandicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. l. Voa�/ Pg. Pg I Of? BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 f ©, cwAM/PM, Name (PLEASE PRINT) C C�CJrIfI� i1 116 1l -eN "zq J or) I i CA J �I is?n Organization (PLEASE PRINT) i ,NPRINT)A_j . D czltnS, a(D(a , PGS ky— (� s vol. Pg %i of % BRAZOSCOUNTY COMMISSIONER'S COURT DAY O cchh Y , 20 0 -• 0 O /PM, Name (PLEASE PRINT) b N�� P koe /`c,(/v2 LA/Vs4SS601il Nn �— M e� J Organization (PLEASE PRINT) Ce �lu� <xu _�r �esssne CVxc,. f3C7 / In MINUTES OCTOBER 9, 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, October 9, 2018 with the following members of the Court present: Duane Peters, County Judge, Absent; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2, Presiding; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-24: 3. Proposed county holidays for the 2019 calendar year. The Court approved as submitted the following holidays for 2019: Tuesday, January 1, 2019 - New Years Day Monday, January 21, 2019 - Martin Luther King, Jr. Holiday Friday, April 19, 2019 - Good Friday Monday, May 27, 2019 - Memorial Day Thursday, July 4, 2019 - Independence Day Monday, September 2, 2019 - Labor Day Thursday & Friday, November 28 & 29, 2019 - Thanksgiving Monday - Wednesday, December 23 - 25, 2019 - Christmas Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Request from Facility Services for a payment authorization to Lowes in the amount of $11.11. Purchase Order was closed inadvertently. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 5. Request from Facility Services for a payment authorization to American Leak Detection in the amount of $1,085.00 to locate a fire line at the Brazos Center and help locate a leak at the Expo Complex. A purchase order was not obtained in advance. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 6. Request permission to expend $1,000,000 budgeted in fiscal year 2018-2019 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested, principal and earnings to benefit Brazos County retiree health insurance. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Approval of the Sheriff's Office Vehicle Use Policy 901.00, for County Owned Vehicles. A correction was made to the last paragraph under Number 5. Brazos County Auditor's Office will be changed to Brazos County Human Resources Office. A copy of the Sheriff's Office Vehicle Use Policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Vol. o� / _ Pg 2LA 8. Approval of the following job descriptions: • a. Class Code 0225, Public Communication Officer for County Judge • b. Class Code 1003, Chief Deputy Treasury/I nvestments for Treasurers Office A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. I nterlocal agreement with the Brazos Valley Council of Governments for a solid waste grant project. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 10. Contract renewal with TrueCore Behavioral Solutions, LLC for juvenile residential services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 11. Contract renewal with Cameron County for juvenile services at the Boot Camp and Educational Center. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 12. Contract renewal with Cameron County forjuvenile residential services at the L.I.F.E. and B.R.A.V.E Program. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 13. Award of Bid #19-028, Cutback Asphalts. Recommended award to Cleveland Asphalts. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid # 19-028 Cutback Asphalts to Cleveland Asphalts. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Vol. - Pg. _d—ZIL Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 14. Pricing Proposal #19-086 from Gessner Engineering for the reconstruction of Democrat Road. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 15. Pricing Proposal #19-087 from Gessner Engineering for the reconstruction of Wheelock Hall Road. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 16. Consider and take action on the Frontier Communications utility permit to install 300 feet of 25 pair cable near the right of way line on Schehin Road located 0.7 mile southwest of FM 2154. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 17. Final Plat of Indian Lakes Subdivision Phase XXXIV; Lots 1-8, Block 45, 13.661 Acres; J.M. Barrera Survey, A-69; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 18. Final Plat of Reese Cove Subdivision; 12.966 Acres; William Dunn League; A-108; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 19. Approval of the Treasurer's Report for August 2018. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for August 2018. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 20. Expenditure Journal Entries 9 FY 2017 - 2018: 130022 - 130036 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 21.. Tax Refund Applications for the following: • a. Mary L. Meyers, Exec. Est. of Thomas S. Henderson - Overpayment $34.62 • b. Equity Trust Company, FBO Nelson B. Saunders, Sr. - Overpayment $300.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters, 22. Budget Amendments. • a. Budget Amendments FY 17/18 53.1 Reallocate funds for Constable, Precinct 1. 53.2 Reallocate funds for Constable, Precinct 2. 53.3 Reallocate funds for Juvenile Services. 53.4 Reallocate funds for County Clerk - Management Fund. 53.5 Reallocate funds for Sheriff's Office. 53.6 Reallocate funds for Sheriff's Office - Jail. • b. Budget Amendments FY 18/19 2.1 Transfer funds from Contingency Fund to 272nd District Court. 2.2 Reallocate funds for Justice Assistance Grant Fund. 2.3 Reallocate funds for Non -Departmental. 2.4 Reallocate funds for Constable. Precinct 4. 2.5 Reallocate funds for JP Technology Fund. 2.6 Transfer funds from Sheriff's Office to Contingency Fund. 2.7 To recognize the grant awarded to fund the Brazos County Tire Amnesty for FY2019. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 23. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 24. Payment of Claims. Claims 8008421 — 8008678 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley, Absent: Peters. 25. Acknowledgement of Monthly Reports Submitted in August. The Court acknowledged receipt of the Extension Service reports submitted in August 2018 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Veterans Services 26. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 703 inmates in jail, 584 inmates are male and 119 are female, 57 have electronic monitors and 14 are pending for monitors. Commissioner Cauley thanked Mr. Dicky and the work crew for assisting with the upcoming Tire Amnesty Day. 27. Announcement of interest items and possible future agenda topics. Commissioner Berry reminded everyone that Tire Amnesty Day is this Saturday, October 13, 2018 from 10:00 a.m. to 3:00 p.m. at the Expo Complex Rock Lot. County Treasurer Laura Davis stated that the approved 2019 Christmas holiday scheduled doesn't give her office time to prepare payroll. Commissioner Aldrich announced that Boonville Days is this weekend. He said it is a fun family event at the Brazos Valley Museum of Natural History. Commissioner Cauley added that there is also a 5K Buffalo Stampede on Saturday, October 13. 2018. Bruce Erratt informed the Court that Civil Attorney Ed Bull's mother passed away. Chief Stewart announced that he is raising money for the United Way "Over the Edge" event taking place at the College Station Hilton. 28. Call for Citizen input and/or concerns 29. Adjourn. Pg I of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 L Q, oc,AM/PM, Name (PLEASE PRINT) �aHii J� Organization (PLEASE PRINT) k� A . Pa. Vol. ��� �� Pg %i of Z, BRAZOSCOUNTY COMMISSIONER'S COURT { DAY O C %� , 20 Name (PLEASE PRINT) Organization (PLEASE PRINT) Ce Ju& �A<� VZ 4Vr�,eyl -2!::-'�- ��t/• e>Vcs BC7 T Ul-;v- n L ,n s l=j ! The foregoing minutes of the Commissioners Court Meeting held October 9, 2018 have been examined and are approved in open Court this 6" day of November 2018, in Bryan, Brazos County, Texas. Duane ters County Judge Sammy Ca;alena Commissioner, Precinct 2 Irma (Auley Commissioner, Precinct 4 Attest: Karen McQueen County Clerk hw �- Steve Aldrich Commissioner, Precinct 1 7q7:� Nancy Berry Commissioner, Precinct 3 Vol. '�7 g) Pg. CZjy 901.00 Countv Owned Vehicles Brazos County Sheriffs Office Policy Effective Date 901.00 10-1-2013 Subject Revision Date County Owned Vehicles 10-9-2018 Table of Contents 901.01 Defensive Driving Course 901.02 Use of Sheriffs Office Vehicles 901.02a Office Use 901.02b Off -Duty Use 901.03 Passengers 901.04 Care and Maintenance 901.05 Prohibited Activities 901.06 Take Home Vehicle Program Policy Brazos County Sheriff s Office issued vehicles are considered a law enforcement tool. Personal use or gain is not in keeping with this policy and is prohibited. It is recognized that operation of vehicles in the law enforcement setting raises the possibility of accident, theft, criminal mischief, etc. This policy does not hold the deputy responsible for matters beyond his control. Procedures 901.01 Defensive Driving Course Drivers of county owned vehicles must have completed an approved defensive driving course every three years. 901.02 Use of Sheriffs Office Vehicles 901.02a Office Use Use of the vehicle is limited to commuting to and from work, normal on -duty utilization, and Sheriffs Office related events. The use of the vehicle may include personal errands while on duty or commuting, provided that they do not take priority over calls for service and do not diminish the image of the agency. 901.02b Off -Duty Use All employees of the Sheriffs Office must receive approval for any off-duty employment from the Sheriff, Chief Deputy, or their designee. Participating deputies must be eligible for off-duty employment and comply with the Sheriffs Office extra duty assignment procedures. Deputies may use the county owned vehicles under the following circumstances: 1. Transportation for approved off-duty jobs, including: a. To or from the extra -duty job; and b. For transportation of arrested persons to the Brazos County Detention Center for booking. Any other use of the vehicle for the extra duty employer is to be billed according to the procedures established by the Brazos County Auditor. NOTE: Deputies are considered on the payroll of the county throughout the transportation and booking process and subsequently off the extra duty job payroll. 2. Transportation to and from Brazos County or agency approved functions and/or business. If in doubt whether vehicle use is authorized, employees should request clarification through their immediate supervisor. 3. Any other use authorized by the Sheriff, Chief Deputy, or their designee. 901.03 Passengers Persons riding as passengers in vehicles are limited to Sheriff Office personnel, other Brazos County employees, and other authorized riders. Peace Officers from other jurisdictions may ride without signing a waiver. They shall not wear their official uniform unless conducting official business for their agency. Authorized civilian riders participating in the 'Ride -Along Program" must complete a waiver of liability form prior to beginning the ride. 901.04 Care and Maintenance 1. When not in use, all vehicles shall be provided reasonable security to safeguard the vehicle and its contents. 2. Deputies are responsible for maintaining the entire vehicle in a clean condition and will ensure the vehicle receives preventative maintenance as scheduled. 3. Any damage sustained to the issued vehicle shall be immediately reported to a Sheriffs Office supervisor, with a written report submitted to the Sheriff or Chief Deputy by the next working day. 4. After review of an incident report involving damage to a vehicle, the Sheriff, or his designee, will make a determination as to responsibility. Should it be determined that the damage was caused by neglect or misuse of the vehicle by the deputy, the Sheriff may require the deputy to reimburse Brazos County for expenses incurred as a result. Reimbursement may include any and all expenses, including vehicle replacement. 901.05 Prohibited Activities The following activities are prohibited while operating a county owned vehicle: 1. Driving while experiencing any type of impairment or condition that may adversely affect their safe performance of duty. In such cases, the deputy shall notify their supervisor in writing. 2. Driving vehicles to establishments which are primarily engaged in the sale and/or on - premise consumption of alcoholic beverages, to a business of questionable nature, or to other establishments specifically prohibited by the Sheriff unless within the scope of official duties. 3. Using any tobacco product inside of the vehicle. 4. Driving vehicle improperly, unlawfully, or in a reckless manner. 5. Employees must have approval of the Sheriff or Chief Deputy, or their designee, prior to taking a county vehicle outside the boundaries of Brazos County. 901.06 Take -Home Vehicle Program Participation in the Take -Home Vehicle Program requires the employee to abide by applicable state and federal laws, as well as any other agency policies and procedures. Vehicles are issued at the discretion of the Sheriff or Chief Deputy. To be eligible for the Take -Home Vehicle Program, the deputy must: 1. Have a valid Texas driver's license; 2. Be a TCOLE licensed peace officer, appointed by the Brazos County Sheriffs Office, and a fulltime employee of the Brazos County; 3. Complete and sign the "Take -Home Vehicle" authorization form. This form is used to acknowledge that the participating officer has read and agrees to abide by these policies. On this form, the deputy will designate his place of residence or where the vehicle is to be parked when not in use. All vehicles must remain within the boundaries of Brazos County when not in use. When a deputy changes his place of residence or changes assigned vehicles, a new form is to be completed. 4. Be dressed appropriately, carry his authorized service or off-duty weapon, and monitor their radio in order to respond to in -progress calls and/or emergency call -outs authorized by the Sheriff or Chief Deputy. 5. Comply with Internal Revenue Code Regulations. To comply, each deputy must file an annual Employee Fringe Benefit Certification Form with the Brazos County Human Resources Office. See 325.00 Extra Duty See 420.00 Ride -Along Program Tr OF e Brazos County Job Description Last Updated: September 2017 Template Revisinn 1.80a IWO1Z Class Number: 0225 Title: Public Communication Officer Pay Group: 22 Department: County Judge FLSA Status: Non Exempt Reports To: County Judge Approved Date: 10-09-2018 EEOC Category: Office and Clerical General Summag: Under general supervision, performs a variety of tasks related to the dissemination of information to promote the understanding of Brazos County programs, services, activities, regulations, objectives, and administrative proceedings to a wide variety of audiences throughout the County, including the general public, communications and media representatives, community and civic groups, public agencies, and private organizations. Essential Duties: Develop and update the County's public communication policies (e.g., procedures, strategies, County Communications Plan). Includes policies related to public communications on the internet and social media. This position ensures these policies are in accordance with state statutes, county ordinances, and other regulations. Coordinate with county departments and other offices of elected officials to ensure all county public communications (including the county's web and social media communications) are handled in an effective and consistent manner. Develop, edit, and verify a variety of public communications (including publications such as press releases, brochures, newsletters, and web and social media entries) to ensure accuracy, completeness and readability in those publications. Serve as a resource in advising county staff on communication issues. Includes in situations when unexpected or emergency events create pressing communication needs Appear before community groups and media to present information and materials related to the county's activities. Arrange training for county staff in effective procedures ('best practices') for communicating with the public. Serve as the primary resource for the Brazos County Judge, may serve as spokesperson in Judge's absence; respond orally and in writing in a timely manner, to a variety of inquiries from staff, the media or the public, providing information or directing questions to appropriate staff to promote good publidmedia relations and create cooperative working relationships. Arrange press conferences and authorize appearances or press statements from staff members by providing staff with guidelines and strategies to present message(nformation/issues properly. Appear before special interest groups and community organizations, attend board and commissioners court meetings to present programs or materials dealing with County activities; attend meetings to build agency morale and community support. Facilitate a variety of special events and County activities by assisting media representatives at the event, providing information to the public and organizing an efficient method of delivering information and County services in accordance with State Statutes, County Ordinance and other regulations. Other Duties as assigned. Supervision Received: County Judge Given: This is a non -supervisory position. and experience sufficient to successfully perform the essential duties of the job such as those listed above. Education Excellent writing, verbal and presentation skills. Required: Bachelor's Degree in Public Relations, Journalism, Communications or related field. Preferred: Knowledge of County Government operations Experience Required: At least five (5) years experience in media and/or media relations; or, an equivalent combination of education and experience sufficient to successfully perform the essential duties of the job such as those listed above. Excellent writing, verbal and presentation skills. Preferred: Knowledge of County Government operations F ��i Pg.7 Certificates, Licenses, Re istrations Required: None Preferred: I Ph sical Demands Typical: Knowledge of Federal, State, and Local laws, ordinances governing public information requests. Knowledge of The physical demands described are representative of [hose that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disability to perform essential functions. While performing the duties of this job, the employee is regularly required to sit, use hand to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. Specific vision abilities by this job include close vision, distant vision, peripheral vision, color vision and ability to adjust and focus. Knowledge, Skills, & Abilities Typical: Knowledge of Federal, State, and Local laws, ordinances governing public information requests. Knowledge of Brazos County organizational structure. Ability to develop comprehensive public relations strategic plan and public information programs for Brazos County. Ability to develop and maintain cooperative and productive working relationships with local media and key figures in community groups and agency programs. Knowledge of media resources and other forms of public outreach available in the community. Ability to analyze the news value of events. Knowledge of public relations practices and strategic program development. Knowledge of methods and techniques of video and audio production. Skilled in planning and organizing work to meet schedules and timelines. Knowledge of public relations program components including media relations and news related activities. Knowledge of promotional techniques and marketing methods, including publicity materials appropriate to TV, print, radio, and other outlets. Ability to make decisions exercising independent judgment. Must maintain confidentiality of sensitive information. Ability to prepare and maintain accurate and detailed records. Knowledge and mastery of professional graphic and layout programs to create print and digital media. Graphic arts and creative skills necessary for branding and design of County media. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of the job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as part Of a team and to perform multiple tasks simultaneously. The employee is frequently required to work under time pressures to meet deadlines. APPROVED Duane ters Da County Judge Fvo4 . Pg 1._____._. Brazos County Job Description Last Updated: October 2018 Tcmplate Revision 1.2 08/1512012 Class Number, 1003 Receives county funds and disburses them to proper accounts; assists in investing and managing county funds; prepares various monthly, quarterly, Title: Chief Deputy Treasury/Investments Handles daily cash receipts, including entering information into the computer, creating batches, and preparing and distributing reports; Reconciles all � Paayy Group: 123 of the county. Assists County Treasurer in investing county funds, including entering data into the computer, maintaining account records, I Department _ _... —._ County Treasurer preparing monthly and quarterly reports; Serves as liaison to bankers and brokers to monitor and ensure that funds are available for financial LISA Status. ' Non Exempt posting checks, making deposits, and ensuring that fund balances match Auditor's reports; Prepares various reports, including quarterly report on Reports To County Treasurer departments. Approved Date: i 10/09/2018 EEOC Category: ! Office and Clerical Given: I This is a non -supervisory position; however, this position reviews the work of Assistant County Treasurers, and General Summaryry_—__-— Receives county funds and disburses them to proper accounts; assists in investing and managing county funds; prepares various monthly, quarterly, and yearly reports; and acts as liaison to bankers and brokers. Essential Duties: Handles daily cash receipts, including entering information into the computer, creating batches, and preparing and distributing reports; Reconciles all credit card payments and transfers funds to appropriate accounts daily. Transfers funds between accounts and does necessary wire transfers outside of the county. Assists County Treasurer in investing county funds, including entering data into the computer, maintaining account records, determining the amount of funds available for investment, selecting brokers, and determining dates of maturity; monitors the investments, including tracking the amount invested with each broker, calculating earned interest, market values, net asset values, and average interest rates, and preparing monthly and quarterly reports; Serves as liaison to bankers and brokers to monitor and ensure that funds are available for financial obligations and that enough collateral has been pledged against the funds. Assists vdth reconciling different bank accounts, including receiving and posting checks, making deposits, and ensuring that fund balances match Auditor's reports; Prepares various reports, including quarterly report on arrest fee and court costs and monthly judicial reports; Conducts research on receipts and disbursements as needed; and Performs various administrative duties, such as filing, answering telephones, greeting and assisting the general public, and responding to questions from other departments. Other Duties as assigned. (1% SuQerv/sion f_ Received- i From County Treasurer Given: I This is a non -supervisory position; however, this position reviews the work of Assistant County Treasurers, and I may act as supervisor in the County Treasurer's absence. -- -------------- Education Required: High School Graduate Preferred- Associate's in accounting, or equivalent. Expenence Required- ;—Plus at least two years of experience; or any equivalent combination of education and experience which i provides the required knowledge, skills, and abilities. Preferred: 1 Certificates, Licenses, Registrations— —f --- _--_--—_----- —_ ...... ----- Required: i Must receive at least 15 hours of approved continuing education for investment purposes. Preferred: I -- i --- Physical Demands '_--------- - -- --- -- _— -- _------ Typical: T e physical demands described here are representative of those that must be met by an employee to p Y P successfully perform the essential functions of this job Reasonable accommodations may be made to enable � individuals with disabilities to perform the essential functions. J To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Governmental accounting rules and procedures, especially as they apply to counties; bookkeeping procedures; supervisory management practices and procedures; and standard office practices and procedures. Use computer applications such as spreadsheets, word processors, and databases; read, analyze, and interpret financial statements; communicate effectively in person or over the phone; perform basic arithmetic calculations and bookkeeping tasks; and maintain effective working relationships with coworkers, county employees, and the public. Typical: The work environment characteristics described here are representative of those an employee encounter: while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While perfonning the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, and to perform tedious and exacting work; the employee is frequently required work under time pressures to meet deadlines and to work closely with others a part of a team. The noise level in the work environment is usually moderate. APPROVED � 1$ uane ters D County Judge Vol. ��/ pg. a7 -4-L— BnAZOS VALLEY _% BRAZOS VALLEY COUNCIL OF GOVERNMENTS �, '' � "7 "' 4N� P.O. DRAWER 4128 • BRYAN, TEXAS 77805-4125 �= September 21, 2018 Honorable Irma Cauley Brazos County Commissioner 200 South Texas Avenue, Suite 310 Bryan, Texas 77803 Re: . Solid Waste Interlocal Agreement & Implementation Project Workshop Dear Commissioner Cauley: The Brazos County Scrap Tire Collection Event has been approved for funding by the Texas Commission on Environmental Quality. Enclosed are two copies of the FY 2019 Brazos Valley Council of Governments Solid Waste Interlocal Agreement. Please return them after signing, so that the Executive Director of BVCOG may add his signature to them. Each Interlocal Agreement has four (4) pages marked with sticky notes. You will need to insert information into your Interlocal Agreement that pertains to your project. I will e-mail these pages to you in a Word document. This will allow you to input your data on the forms and print them to include in your Interlocal Agreement. Your project number is 19-13-03 for the Scrap Tire Collection Event. Please include this number on all documentation pertaining to your FY 2019 project. O There will be an Implementation Project Workshop on Wednesday. September 26, 2018 ar This workshop can serve as a refresher to those who have received solid waste management grants in the past or assist those rvho are recent solid waste grant recipients with reporting requirements throughout the time period noted in the Interlocal Agreement. Please feel free to contact me if you have any questions. I may be reached at (979) 595-2801, ext. 2050. Sincerely, t- u� J' t' cAzat L k— Candilyn McLean, Manager Solid Waste Planning Enclosure OFFICES AT 3991 EAST 29T" STREET ADMINISTRATION PHONE 979/595-2800 Email: info@bvccg.org FAX 979?595-2810 E �_ BRAZOS VALLEY COUNCIL OF GOVERNMENTS SOLID WASTE GRANT PROJECT INTERLOCAL AGREEMENT The Texas Commission on Environmental Quality (TCEQ) has certified that It has the authority to contract vdOt Brazos Valley Council of Governments under the laws of the State of Texas, Including, without limitation, the Interagency Cooperation Act, the Interlocal Cooperative Act, and Texas Water Code ffl 5.124 and 5.229.. Some purposes of the Contract am to Implement the provislons of § 361,0141b) of the Texas Health and Safety Code, regardng the distribution of solid waste disposal fee mvenus funds In support of local and regional solid waste projects consistent with the TCEQ authorized y 363.064(b) of the Texas Health and Safety Code Regional Solid Waste Management Plans (RSWMPs); to update and to administer an efficient and effective, region -wide, subgrant assistance grants program andlor where authorized by the TCEQ in accordance with the Contract, to conduct various COG -Managed Projects in support of the RSWMP. Funds for this subcontract am provided from the Solid Waste Disposal Fund. The SVCOG has certified, and the SUBCONTRACTOR certifies that It has authority to pedonn the services contracted for by authority granted In 'The Intedocal Cooperation Ad' Texas Govemment Code, Chapter 2261. This Interlocal Agreement Is entered Into by and between the parties named below. Neither TCEQ nor the State of Texas U a parry to this Agreement. 1. CONTRACTING PARTIES: The Council of Governments Brazos Vailev Council of Govemments (COG) The Subconbadar, Brazos County If. SERVICES TO BE PERFORMED: See *Attachment B - Work Program of SUBCONTRACTOR' See 'Attachment C — Schedule of Degverabies.' III, BUDGET AND PAYMENT PROCEDURES: See'AOachment D - Budget and Payment Procedures' IV. ADDITIONAL CONTRACT PROVISIONS: Sea'Adadlment A - Special Contract Provisions, Attachment E- General Contract PmvWans, Attachment F — Implementation Project Standards COUNCIL OF GOVERNMENT SUBCONTRACTOR Brazos Valley COG Bmzos County Brazos County COG = Brazos Valley Council of Governments Vol. Pg- �2� Brazos Valley Council of Govamments Solid Waste Interlocal Agreement Table of ContanLs A. Special Contract Provisions Article 1 Period of Performance Article 2 Scope of Services Article 3 Obligations Article 4 Reporting Requirements Article 5 Monitoring Requirements Article 6 Title to and Management of Real Property it Equipment Article 7 Compliance with Applicable Laws Article 6 Funding Subject to Funds In the MSWDTRF Article 9 Supplemental Funding Standards Article 10 Guidelines Concerning Additional Documentation and Financial Monitoring Requirements Article 11 Contractual Costs concerning Supplier and Others Article 12 Authorized Representatives B. Work Program of SUBCONTRACTOR C. Schedule of Deliverables from SUBCONTRACTOR D. SUBCONTRACTOR Budget and Authorizations E. General ContractProvislons Article 1 Legal Authority Anile 2 Scope of Services Article 3 Purpose Article 4 Types at Solid Waste Implementation Projects & Applicant Article 5 Accounting Systems ANde 6 Examination of Recants Article 7 Overpayments Article a Audit/Access to Records Article 9 Independent Financial Audit Article 10 Amendments to Contract Article 11 Termination of Contract Article 12 Connict of Interest Article 13 Severability Article 14 Dispute Resolution ANcie 15 Oral and Written Agreements Article 16 Employment, ADA Requirements and Statutes Relating to Nondiscrimination Article 17 Force Majeure Article 16 Entire Contract Article 19 Utilization of Small, Minority, and Women's Business Enterprises Article 20 Energy EfSc'ency Standards Article 21 Safety and Protection Article 22 Data and Publicity Article 23 Acknowledgment of Financial Support Article 24 intellectual Property Requirements Artois 25 Costs Requiring Advanced Authorization Article 26 Permits Article 27 indirect Costs Article 26 Uniform Grant and Contract Management Act Article 29 Disputes, Claims, Remedies Article 30 Survival of Obligations Ankle 31 Subcontractor Performance Evaluation Article 32 Walder Article 33 Release of Claim Article 34 Legal Fees Prohibited F. Implementation Project Standards COG = Brazos Valley Council of Governments 2 Brazos Valley Council of Governments Solid Waste Interlocal Agreement Special Contract Provisions Attachment A Article 1 Period of Performance The period of performance of this agreement begins on October 1, 2018 and ends on July 12, 2019. Article 2 Scope of Services All parties agree that the SUBCONTRACTOR, in consideration of compensation hereinafter described, shall provide the services with the BVCOG as specifically described in the Special and General Provisions of this Solid Waste Interlocal Agreement, The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget shown In Attachment O of this agreement Article 3 BVCOG Obligations (a). Measure of Liability In consideration of full and satisfactory performance hereunder, BVCOG will be liable to SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCONTRACTOR in rendering such performance, subject to the following limitations: 1. BVCOG is not liable for expenditures made in violation of'Geneal Provisions for Texas Commission on Environmental Quality List of Prohibited ActNAies", Article 9, which outlines prohibited activities as defined by the Texas Commission on Environmental Quality (TCEQ). 2. BVCOG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreement, which have not been billed to BVCOG within thirty (30) days following termination of this agreement. 3. BVCOG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this agreement or after termination of this agreement. 4. Except as specifically authorized by BVCOG in writing, BVCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Federal OMB CirwlarA- 87. 5. BVCOG shall be liable for reimbursement of only those amounts as shown on Attachment D. 6. Funding for this contract is made available to BVCOG through the Slate of Texas. BVCOG's obligation to reimburse SUBCONTRACTOR is dependent and subject to receipt of funds by BVCOG from the Slate of Texas for the purpose of funding this contact. (b). Method and Schedule of Payment 1. Financial reporting. SUBCONTRACTOR may be reimbursed at any time during the project period if funding from TCEQ is available. To receive reimbursement, SUBCONTRACTOR must submit to BVCOG a financial report1reimbursement request detailing allowable expenditures incurred during the report period. Allowable expenditures are set forth In Article 9 of Attachment A and Attachment F of this agreement. Invoices, receipts, canceled checks and other fortes of documentation will be required for reimbursements. 2. Payments. Upon review and approval of each such financial report, BVCOG vri0 make payment to SUBCONTRACTOR subject to the limitations set out herein. 3. The subcontractor shall account for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis, as defined and authorized under the UGCMA. To be eligible for reimbursement under this agreement, a cost must have been Incurred and either paid by the SUBCONTRACTOR prior to claiming reimbursement from the BVCOG or incurred by the last day of the time period indicated on a request for reimbursement form and liquidated no later than forty-five (45) days after the end of that time period. COG = Brazos Valley Council of Governments 3 Vol. o _ Pg -,2z� 4. The SUBCONTRACTOR shall use a standard reimbursement request form provided by the BVCOG. The BVCOG shall require the SUBCONTRACTOR to submit expense documentation records as deemed necessary by the BVCOG, in accordance with the BVCOG's financial monitoring plan and program, to ensure that the outlays by the SUBCONTRACTOR are authorized and appropriate. 5. The SUBCONTRACTOR shall submit with each reimbursement request an itemization of expenditures by budget category. 6. If It is determined, by either the BVCOG or the SUBCONTRACTOR that an expenditure that was reimbursed is not an authorized expense, the BVCOG shall request return and reimbursement of those funds from the SUBCONTRACTOR or, where appropriate, the application of those funds to other authorized expenses, and shall not provide any additional reimbursements to the SUBCONTRACTOR until the funds are returned or are applied to other authorized expenses. 7. The SUBCONTRACTOR shall maintain records and documentation materials consistent with the records listed in Article 11 of Attachment A. The SUBCONTRACTOR shag also follow up on any problems identified through its financial monitoring program. Funds provided by the BVCOG pursuant to this Agreement that are paid to the SUBCONTRACTOR shall be used by the SUBCONTRACTOR solely to satisfy the purposes of the Agreement. 4 Reoortino Reouirements (a). The SUBCONTRACTOR shall prepare and submit to the BVCOG, quarterly written progress reports and results reports concerning performance under this Contract documenting accomplishments and units of work performed under Attachment B of this agreement. All progress reports and results reports shall be submitted within 7 days after the end of each period shown below. Reporting Period Report Ova October, November, December January 15, 2019 Jan, Feb., .March April 15, 2019 April. May, June June 2B, 2019 FINAL REPORT July 12, 2019 RESULTS REPORT September 18. 2020 A final progress report shag be provided prior to the final request for payment under this Contract, but, In no case later than 7 days after the and of the Contract period. Payments (reimbursements) required under this contract may be withheld by the BVCOG until such time as any past due progress reports and results reports are received. (b). The SUBCONTRACTOR quarterly progress reports required under Part A of this Section shall contain descriptions of activities to allow compliance monitoring. In particular, any legal research and related legal activities shall be dearly detailed in the quarterly progress reports and results reports in order to assure that the activities are not prohibited under Article 9 of this contract (relating to Prohibited Activities). The SUBCONTRACTOR shall comply with any reasonable request by the BVCOG for additional information on activities conduced in order for the BVCOG to adequately monitor the SUBCONTRACTOR'S progress In completing the requirements of and adhering to the provisions of this Contract, (c). The SUBCONTRACTOR must certify in writing to the SVCOG through a final progress report, the satisfactory completion of all activities and deliverables required under this agreement. (d). The SUBCONTRACTOR shall document the results of the project and provide a Results Report to the BVCOG for use in evaluating program effectiveness and for providing regional results information to the TCEQ. The SUBCONTRACTOR agrees to document the results of the project for the life of the project. (e). The SUBCONTRACTOR'S failure to comply with the requirements of this Article shall constitute a breach of this Contract. Article 5 Monitorino Reaui The BVCOG shall be responsible for the management and fiscal monitoring of all SUBCONTRACTORS. The BVCOG shall monitor its SUBCONTRACTORS as necessary to ensure that the SUBCONTRACTORS are operating consistently with applicable laws and regulations, applicable contracting policies, and this Agreement. The BVCDG shall ensure that all SUBCONTRACTORS comply with all record keeping and access requirements set forth in this Agreement, The TCEQ reserves the right to perform an independent audit of all SUBCONTRACTORS. (a). BVCOG may periodically monitor SUBCONTRACTOR for., 1. The degree of compliance with the terms of this Contract, including compliance with applicable rules. COG = Brazos Valley Council of Governments 4 Vol, o___ _— Pg. regulations, and promulgations referenced herein; and 2. The administrative and operational effectiveness of the project. Article 6 Title 10 and Management of Real Procerlyfacililies and Eoumment (a). Subject to the obligations and conditions set forth in this Agreement, title to all equipment and/or real propertylfacililles (hereafter,'property') acquired under this Agreement by the SUBCONTRACTOR will vest upon acquisition or construction in the SUBCONTRACTING grant recipient. (b). Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired or replaced under this Agreement shall be used for the duration of its normally expected useful life to support the purposes of this Agreement whether or not the original projects or programs continue to be supported by slate funds. (c ). The SUBCONTRACTOR shall not grant or allow to a third parry a security interest in any original or replacement property purchased or constructed with funds made available to the SUBCONTRACTOR under this Agreement. (d). The use of properly acquired under this Agreement, both during the term of this Agreement and for the useful life of the property or until compensation is provided to the BVCOG tar the applicable percentage share of the fair market value of the property, shall be in accordance with Section 361.014 (b) of the Texas Health and Safety Code, which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available of create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the tens private industry included non-profit and not -for -profs non- governmental entities. (c). The SUBCONTRACTOR may develop and use their own property management systems, which must conte= with all applicable federal, state, and local laws, rules and regulations. The SUBCONTRACTOR shall conduct physical property inventories, to maintain pmperty records and necessary control procedures, and to provide adequate maintenance with respect to all property acquired under this agreement for which the SUBCONTRACTOR mtalns title, as further set forth in Subsections (1) through (5) below. 1. If an adequate system for accounting for property owned by the SUBCONTRACTOR is not in place or is not used properly, the Property Accounting System Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing such a system, 2. Property records most be maintained that include a description of the property, a serial number or other identification number, the source of the property, who holds file, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the dale of disposal and sale price of the property. 3. A physical inventory of all equipment acquired or replaced under this Agreement shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the SUBCONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage, or theft shall be investigated. The SUBCONTRACTOR shall develop and tarry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good coni ifion. and to ufdize proper sales procedures to ensure the highest possible return, in the event such property is sold. 4. Real property must be maintained on an Inventory and is subject to the requirements of UGMS, Part If, SubpartC,_ 31. Subject to the obligations and conditions set forth in this Agreement, title to real property acquired under this Agreement by the SUBCONTRACTOR will vest upon acquisition or construction in the sub -grant recipient. 5. Certain types of equipment are classified as 'controlled assets' and am subject to annual revision. In accordance with the UGMS, the SUBCONTRACTOR should contact the Texas Comptroller of Public Accountsproperty accounting staff or review the Comptrollers State Property Accounting User Manual available on the Internet, for the most current listing. The following non -construction related, tangible, personal property having a unit acquisition cost of $5,000 or more (including freight and setup costs with an estimated useful life of over one year) shall be maintained on the inventory system: (a) stereo systems. (b) still and video cameras. (c) facsimile machines, (d) video recorders VCRs, laserdisc players, camcorders, and VCRITV combinations, (e) desktop CPUs, printers, data projectors, portable CPU laptops and (q cellular and portable telephones. All single unit acquisilkin . equal to or greater than $5,000.00 shall be maintained on the inventory system. (d). The SUBCONTRACTOR, respectively may for the purpose of replacing property acquired under this Agmement, either trade in or sell the property and use the proceeds of such trade-in or safe to offset the cost of acqu'ir'ing needed replacement property. (e) The SUBCONTRACTOR agrees that if a determination is made that any property acquired with funds provided under this Agreement with a current per-unit fair market value of 55,000.00 or more is no longer needed for the originally authorized purpose, the BVCOG has the right to require disposition of the property by the SUBCONTRACTOR in accordance with the provisions of this Section. COG = Brazos Valley Council of G e=merlls 5 Voi. .2 Pg. 7 (f). When, during the useful life of property acquired with gram funds under this Agreement by the SUBCONTRACTOR and with a current per-unit fair market value of $5,000 or more, the property is no longer needed for the originally authorized purpose, the SUBCONTRACTOR agrees to request disposition instructions from BVCOG. When property acquired by the SUBCONTRACTOR under this Agreement Is no longer needed for the originally authorized purpose, the SUBCONTRACTOR agrees to request disposition instructions from the BVCOG, if the BVCOG is no longer administering a Regional Solid Waste Grants Program, the TCEQ. The SUBCONTRACTOR shall, in tum, request authorization from the BVCOG to provide disposition instruction. Disposition instructions shall solicit, at a minimum, information on the source and amount of funds used in acquiring the property, the date acquired, the fair market value and how the value was determined (e.g., by appraisal, bids, etc.),and the proposed use of proceeds. The assessment of whether to authorize the proposed disposition of the property must include a determination that the disposition plan will comply with the private industry provisions of 361.014 (b) of the Texas Health and Safety Code. In cases where the SUBCONTRACTOR fails to take appropriate disposition actions, the BVCOG may direct the SUBCONTRACTOR to take excess and disposition actions. The disposition instructions may provide for one of the alternatives as set forth in this Section. 1. Retain title, sell, or otherwise disposed of with no obligation to compensate the BVCOG. 2. Retain title after compensating the BVCOG. If the SUBCONTRACTOR is compensated for property acquired using funds provided under this Agreement, the SUBCONTRACTOR will in tum compensate the BVCOG or, upon authorization by BVCOG, use those funds for other projects or activities that support this or similar future programs conducted by the BVCOG. The amount due will be computed by applying the percentage of state -funded participation in the cost of the original purchase to the fair market value of the property. 3. Sell the property and compensate the BVCOG. 4. If the SUBCONTRACTOR is compensated by a subgrant recipient for property acquired using funds provided under this Agreement. the SUBCONTRACTOR will in tum compensate the BVCOG or, upon authorization by the BVCOG, use those funds for other projects or activities that support the goals of this or similar future programs conducted by the BVCOG. The amount due will be calculated by applying the BVCOG's percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing -up expenses. If the grant is still active, the net proceeds from sale may be offset against the original cost of the property. When the SUBCONTRACTOR or subgrant recipient is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. 5. Transfer title to the BVCOG or, in the case of a subgrant recipient, the SUBCONTRACTOR, or to a third - party designated/approved by the BVCOG. If the SUBCONTRACTOR or subgrant recipient participated financially in the original purchase of the property, the SUBCONTRACTOR or the subgrant recipient may be authorized payment from the receiving party of an amount calculated by applying the percentage of the participation in the original purchase or the property to the current fair market value of the property. (g). Items of property with a current per-unit fair market value of less than $5,000 may be retained, solo or otherwise disposed of by the SUBCONTRACTOR or the sub grant recipient with no further obligation to the BVCOG provided the other requirements set forth In this Article are mel. Including the requirements of Section (b) of this Article. Methods used to determine per-unit fair market value must be documented, kept on file and made available to the BVCOG upon request. (h) If, prior to the termination date of this agreement, the SUBCONTRACTOR determines that any property acquired with funds provided as a result of this agreement is no longer needed for the original intended project, the BVCOG may require the SUBCONTRACTOR to transfer titles and possession of such property to a third party named by the BVCOG. (i) The SUBCONTRACTOR shall not grant or allow to a third party a security interest in any original or replacement materials, equipment, or facilities purchased or constructed with funds made available under this agreement. (j) The SUBCONTRACTOR agrees that, in the event any funds provided under this contract are In tum awarded to any subgrantee for the purchase or acquisition of any equipment or constructed facilities, by such other party, the SUBCONTRACTOR'S contract with that subgrantee shall include the requirements set forth in Sections (a) through (c) of Ihls Article. (k) Real property must be maintained on an Inventory and is subject to the requirements of UGMS, Part III, Subpart C, .31. Subject to the obllgaWns and conditions set forth in this Agreement, title to real property acquired under this Agreement by the SUBCONTRACTOR or subgrant recipient will vest upon acquisition or construction In the SUBCONTRACTOR or the subgrant recipient respectively. Anicle 7 Compliancewith Applicable Laws The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, Including, but not limited to, the laws referred to in this Contract. If the SUBCONTRACTOR or BVCOG observes that this Contract is at variance therewith in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract modification. On request, the SUBCONTRACTOR shall furnish BVCOG modification. The SUBCONTRACTOR shall be in accordance with all the provisions of this Agreement, all applicable state and local laws, rules, regulations, and guidelines. The main governing standards include, but may not be limited to, the standard set forth In this Article. (a) §330, §361, §363. and §364 of the Texas Health and Safety Code COG =Brazos Valley Council of G `—— d B (b) Title 30 TAC §330, Subchapter O, TCEQ Rules (c) Title 30 TAC §14, TCEQ Rules (d) The Uniform Grant and Contract Management Act, Texas Government Code, §§783.001 at seq., and the Uniform Grant Management Standards, 1 TAC §§5.141 — 5.167, 9colleclively,'UGMS-) (e) Title 1 TAC §5.85.5.86, Governors Office Regulations (f) General Appropriations Act, 814 Legislature (g) Pursuant to §391 of the Local Government Code, funds received under this Contract may be expended only subject to the limitations and reporting requirements set forth in this Article. If the SUBCONTRACTOR performs any work knowing or having reason to know that it is contrary to Laws or Regulations, the SUBCONTRACTOR shah bear all claims, costs, losses and damages caused by, arising out of or resulting therelrom. The provisions of Uniform Grant and Contract Management Act, TEXAS GOVERNMENT CODE, Chapter 783 applies to this Agreement, all amendments thereto, and all subcontracts. Compliance with the conditions and requirements contained therein is necessary for the satisfactory performance of the services and work required under this Agreement. SUBCONTRACTORS must comply with all applicable Laws and Regulations, including but not limited, to those relating to hazardous substances, waste disposal and manifests. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Agreement, as well as all continuing obligations Indicated in the Agreement, will survive final payment, completion am acceptance of the work and termination or completion of the Agreement. Article B Funding Subiecl to Funds in the MSWDTRF it is the understanding of the parties that the source of the funds provided by the BVCOG is the Municipal Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in The MSWDTRF will be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSWDTRF. Article 9 Suoolemental Fundinq Slandard Unless authorization is specifically provided in accordance with the provisions of this Attachment or In accordance with Attachment D of this Contract, the SUBCONTRACTOR shall ensure that funds provided under this contract are not used for the following activities, programs, or projects: (a). Duplication of Effort. Activities, projects, programs, studies. etc, that overlap or provide duplicate funding for projects under other State funding programs are not authorized. If the BVCOG believes that other program grant awards are Inadequate to meet the needs of the region, the BVCOG may request that the FUNDING AGENCY consider authorizing the project in accordance with the provisions of Attachment A of this Contract. (b). Land Acquisition Costs. Funds may not be used to acquire land or an interest in land. (c). The provisions of the Uniform Grant Management Standards (UGMS) issued by the Office of the Governor apply to the use of these funds, as well as the supplement financial administration guidance established by the TCEQ to be applied under all contracts, TCEQ Allowable Expense Guidelines. (d). Funds may not be provided through a pass-through grant or subcontract to any public of private entity that is boned from participating in slate contracts by the Texas General Services Commission, under the provision of 2155.077, Govemment Code, and 1TAC 113.02, GSC Regulations. (e). Legislative and Lobbying Expenses. In accordance with stale laws and regulations, funds provided under this agreement may not be used for expenses to support political activity, either directly or indirectly. As required under §33, Article IX of H.G. 1, the standards set forth in §5, Article IX of H. B. 1, shall apply to the use of funds provided under this agreement. Any expenses (including legal expenses. staff time, travel, phone calls, lelelaxes, etc.) that arra related in any way to drafting legislation, lobbying for legislation, or other political activities are not authorized. Funds may not he used for employment or otherwise contracts for services of a lobbyist or for dues to an organization which employs or otherwise contracts for the services of lobbyists. (f). Food/Entertainment Expenses. Funds may not be used for food or entertainment expenses, Including refreshments at meetings and other functions, This provision does not apply to authorized per diem expenses for food cost incurred while on travel status. (g). Activities related to the disposal of municipal solid waste. Funds provided under this agreement may not be used for activities related to the collection or disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste -to -energy); processing for reducing the COG = Brazos Valley Council of Governments q 7 volume of solid waste which is to be disposed of; any landfill and landfilb related facilities, equipment, or activities. including the closure and post -closure care of a permitted landfill unit; or other activities and facilities associated with the ultimate disposal of municipal solid waste (h). Municipal Solid Waste Expenses Only. Funds may be used only for programs and activities related to the management of municipal sold waste. (i). Landfilling Expenses. Funds may not be used for expenses directly relating to landfilling of solid waste, to include the purchase of landfill -related equipment or landfill operational costs. G)• Projects Requiring a TCEQ Permit. Except as may be specifically authorized, funds may not be used for projects or facilities that require a permit from the TCEQ andfor that are localed within the boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This restriction may be waived by the TCEQ, at its diseretlon, for recycling and other eligible activities that will take place within the boundaries of a permitted facility. The applicant andfor the BVCOG must request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being considered for funding by the BVCOG. (k). Projects Requiring TCEQ Registration. Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for funding, must have received the registration before the project funding is awarded. (1). Projects that Create a Competitive Advantage over Private Industry. In accordance with Section 361.014(b) of the Texas Health and Safety Code, a project or service funded under this Agreement must promote cooperation between public and private entities, and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit and not-for-profit nomgovemmental entities. (m). Payment of Fees. Public and private entities subject to payment of state solid waste disposal fees and whose payments are in arrears may not receive funds under this agreement through either a pass-through grant or subcontract. (n). Programs Solely Related to Collection of Certain Special Wastes. Funds provided under this Agreement may not be used for programs and activities solely related to the management of used oil, oil filters, antifreeze, lead -acid batteries, or other special wastes excluded from disposal in MSW landfills. However, collection of these materials may be included as part of a comprehensive household hazardous waste collection and management programs, so long as that is not the sole intent of the program. (o). Supplanting existing funds. Funds may not he used to supplant salaries of an existing staff position, where the functions assigned to that position will not change. Staff positions where the assigned functions will remain the same and that were active at the time of the grant application, and were funded from a source other than a previous solid waste grant, are ineligible for grant funding. (p). Acquisdian of goods and Services. Recipients of funds under this Agreement, Including the BVCOG, pass-through grant recipients, and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements. In recognition of the requirement that projects not create a competitive advantage over a private industry, it is a goal of this program that competitive processes be used to the extent possible for all purchases using grant funds. In addition, grant recipients are encouraged to participate in the Stale Cooperative Purchasing Program. (q). All equipment and facilities purchased or constructed with funds provided under Ihls Agreement shall be used for the purposes intended in the funding agreement and for 100% municipal solid waste related activities for the Irfe of the eouiomenl (r). A project or service funded under this Agreement must be consistent with the BVCOG's approved regional solid waste management plan, and must be intended to Implement the goals, objectives, and priorities established in the regional plan. (s). Use of Alcoholic Beverages. As required under §33, Article IX of H.B. 1, the standards set forth in §11, Article IX of H.B. 1, shall apply to the use of funds under this Agreement. In accordance with those standards, no funds provided under this Agreement shall be used for the payment of salaries to any employee who uses alcoholic beverages on active duty. None of these funds shall be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. (t). Funds may not be used to assist an entity or individual to comply with an existing or pending federal, slate, or local Judgment or enforcement action. This restriction includes assistance to an entity to comply with an order to clean up and/or remediate problems at an illegal dump site, However, the TCEQ may waive this restriction, at its discretion and on a limited case-by-case basis, to address immediate threats to human health or the environment, and where it is demonstrated that the responsible party does not have the resources to comply with the order. (u). Funds may not be used to pay penalties unposed on an entity for violation of federal, state, m local laws and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order or penalty, Furls may be used in conjunction with SEP funds to support the same project. COG = Brazos Valley Council of G vernments _____--- _ 8 Vol. --aZz% _ F,.g (v). A project or service funded under this agreement involving any combination of collecting, aggregating, offering for muse, recycling. transporting, or disposing of household hazardous wastes and other types of household waste materials that may, due to their quantity and characteristics, pose a potential endangerment to human health or the environment shall comply with TAC §335, Subchapler N - Household Hazardous Wastes. Article 10 Guidelines Conceminq Additional Documentation and Financial Monitoring Requirements (a). In general, expenditure documentation to be maintained by the SUBCONTRACTOR should be whatever is necessary to show that the work was performed and that the expense was, In fact, incurred. In addition, the documentation should also support the fact that the expenditure was reasonable and necessary to this agreement. (b). Documents that should be maintained, as appropriate for the expense, include by category, the records listed below. I. SalaryNVages Time sheets that have been signed by the employee and approved by the supervisory official having firsthand knowledge or the work performed by the employee. 2. Travel Documentation which, at a minimum, is consistent with Stale Travel Regulations. The purpose or the travel should be documented and supported with actual receipts for hotel accommodations, public transportation receipts, airline receipts, food and beverage receipts, etc. Prior approval is required from the BVCOG for any out-gf-state travel to be reimbursed under this Agreement. 3. Equipment Receipts, purchase orders, Invoices, and canceled checks. Expenses shall be for non -construction related, tangible, personal property having a unit acquisition cost of $5,000 or more (including shipping, handling, freight, lax, and set up costs) with an estimated useful life of over one year. For authorized reimbursement through the Regional Solid Waste Grants Agreement, all travel authorized for pass-through recipients must comply with Chapter 660 of the Government Code, and Article IX of the General Appropriations Act, 85yh Legislative Session. 4. Supplies Receipts, purchase orders (if issued), invoices, and canceled checks. Expenses shall be for non -construction related costs for goods and materials having a ung acquisition cost of less than 25,000. 5. Contractual All of the above plus documentation that the costs wem reasonable, necessary, and aliocable. The evidence of reasonability may take the form of bid lab sheets or other form of evaluation of competitive price offers or competitive proposals, and for a cost analysis or price analysis under the UGMS, which must be in compliance with applicable stale law and regulations for the activity or service for that which is contracted. Expenditure documentation to be maintained includes receipts, purchase orders (if issued) or invoices marked paid, and canceled checks. Any amendment to a contract authorized for reimbursement, which wig result in or require substantive changes to any of the tasks required to be performed, must be approved in writing by the BVCOG prior to incurring the costs. Applicable laws and regulations conceming bidding and contracting for services must be followed. Any amendment to a subcontract which will result in or require substantive changes to any of the tasks required to be performed must be approved in writing by the BVCOG, The same standards shoutd be applicable to subcontractors. 6. Implementation All of the above, including documentation of sub -Contracts grant recipients' expenses, except as such documentation is required to be maintained by the sub -grant recipient, but not submitted to the BVCOG, under the BVCOG's fiscal monitoring program. Where such documentation is not required to be submitted by sub -grant recipients and malnlalned by the BVCOG, copies of all risk assessment documents, monitoring plans, and monitoring desk reviews and site visit reports prepared under the BVCOG's fiscal monitoring program, to document oversight and review of the sub -grant rec'ipient's expenses. Expenses should be approved for in advance for solid waste management grant project by BVCOG prior to incurring the costs. 7. Other Other expenses, not fading under the main expense categories, may be included, if connected with the tasks and activities of the proposed project. The restrictions set forth in the UGMS and the main grant Contract apply. The BVCOG must ensure that expenses budgeted under this "Other' category are COG = Brazos Valley Council of Governments ----- 9 Vol. S/; / pg--92�, itemized by the grant recipient, and are fully considered and evaluated by the BVCOG. Some expenses that may be appropriate include: a) Postageldelivery b) Telephone/FAX C) Utitdies d) Printing/reproduction e) Advertising/public notices 0 Signs g) Training h) Office space I) Basic office furnishings j) Computer Hardware (under $5,000 and not listed under the Equipment category) k) Computer Software 1) Shipping, handling, freight, taxes or setup costs 8. Indirect Indirect costs may be funded, If applicable to the project. In accordance with the UGMS. Indirect charges may be authorized if the applicant has a negotiated indirect cost rate Contract signed within the past 24 months by a federal cognizant agency or stale single audit coordinating agency. Alternatively, the grant recipient maybe authorized to recover up to 10% of direct salary and wage costs (excluding overtime, shift premiums, and fringe benerds) as indirect costs, subject to adequate documentation. If the grant recipient has an approved cost allocation plan, the documentation of the approved indirect rate should be provided upon request by the BVCOG. 9. Additional Expense Records Additional expense records and documentation materials, appropriate for the expense, may be requested by the BVCOG. The BVCOG will provide reasonable time to comply with a request for additional records. The BVCOG will allow reasonable time to respond to findings of noncompliance or other problems identified by the records review. If requested by the BVCOG, the SUBCONTRACTOR agrees to provide to the BVCOG the additional expense records and documentation materials, as listed In Section (b) of this Article and appropriate for the expense, for the time period requested by the BVCOG, except that the SUBCONTRACTOR will not be asked to submit records that have already been provided to the BVCOG with a Financial Status Report The BVCOG will provide reasonable time for the SUBCONTRACTOR to comply with a request for additional records, If the BVCOG requests to review additional records to be provided by the SUBCONTRACTOR under the COG's financial monitoring program. the BVCOG will review those records and provide the SUBCONTRACTOR a written summary of the findings of that review. The BVCOG will also allow the SUBCONTRACTOR reasonable time to respond to any findings of noncompliance or other problems identified by the records review. Article 11 Contractual Costs Conceming Subcontractors Suppliers, and Others All contractual expenditures using funds provided under this Agreement shall meet all procurement laws and regulations applicable to the BVCOG and SUBCONTRACTOR and the Uniform Grant and Contract Management Act and the Uniform Grant Management Standards, Note that competitive bidding will generally be required. SUBCONTRACTORS contractual costs must comply with allowable cost requirements. SUBCONTRACTORS must engage in contractor selection on a competitive basis in accordance with their established policies. If the SUBCONTRACTOR has no competitive procurement policy or is a private entity, contractors must be selected by evaluation and comparison of price, quality of goods or services and past performance. All subgrants awarded by the BVCOG under this Agreement shall be in accordance with Subpart C, Sec. .37, Subsection (b) of the State Uniform Administrative Requirements for Grants and Cooperative Agreements as set forth in Part III of the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning Article 12 Authorized Representatives COG = Brazos Valley Council of Governments 10 Vol. f% pg. 1 The ,pedftdy9mbvrd>rwima to ft b mSLjCON Vj=WdOwm the 9aPt*d art&erh.rdWIPU4hevWWhmddbm fr'Ttvie ftmw m meeveoohembrd th,etmmum aat..� dmPeusen mire t8tmtmt tetlm4l�CWTAACfCffa+ PfejeofA'e evocoe: o�XWWSMFIztnbg vaoooroe P oomWa4m 2m ftd 2vD B*=16 Tom MOS TB.amd7tm"x2m mmomammo TheSWCCNnt4CMfmmLy mMo dmmW6Okwo Wepe�att enl6akdm ftO 00 SVCM CO n w RV dw W** bWkgPwmtmm4 and >bae! do tmAdfefOs 8118CONTAACIC1tm a P+9Nellt�tat+tOttlw: Itmfl to 310 3613109 Pax (979) 3614176 i"SURCOmMACrOR to d Ceetm aralerar a=dwftrmowdarywfdee: PWMWAm Brazos to 333 }, TEL (979) 361-4109 FAX (979) 361.4176 TL VPml PteFm*fSWCCC WRACM a E �� P9• -2%3 Gil C. Seriedwe of Dol 'Wab$M fMm aueeoNtnneroa 1. To reduce illegal Lire dumping and promote good waste management practices. 2. To allow removal and proper recycling of material that pose a health risk to the residents of Brazos County. 3. To educate and inform the public about proper ways to reduce illegal tire dumping. 4. On every Byer or advertisement, brochure, or material that we give out about this event we will indicate that it is funded by the Texas Commission on Environmental Quality through a grant by the Brazos Valley Council of Governments the statement in which we will place on all the items above is given below: This project is funded by the Texas Commission on Environmental Quality (TCEQ) through a grant from the Brazos Valley Council of Governments (BVCOG). COG = Brazos Valley Council of Governments 12 yry_ i Vtil. o��/ P• eS,7� D. SUBCONTRACTOR Budget and Authorizations COG = Brazos Valley Council of ovemm9ent�s� 13 PetsentwllSalary .Utl Fringe Banaft .Q0 Travel '00 Supplies 5, 515.88 Equipment M 8,000.00 Contractual Construction .00 outer .00 TOTAL DIRECT COSTS '00 Indirect Costa 00 13,515.88 -- TOTAL PROJECT COSTS COG = Brazos Valley Council of ovemm9ent�s� 13 Brazos Valley Council of Governments Solid Waste Intarical Agreement General Contract Provlslon Attachment E The SUBCONTRACTOR warrants and assures BVCOG that it possesses adequate legal authority to enter into this Agreement The SUBCONTRACTOR'S governing body, where applicable, has authorized the signatory official(s) to enter Into this Agreement and bind the SUBCONTRACTOR to the terns of this Agreement and any subsequent amendments hereto. The SUBCONTRACTOR agrees to adhere to the provisions of the TCEO Municipal Solid Waste Regulations, is Uniform Grant 6 Contraci Management Standards (UGCMS) and the contract between the TCEO b BVCOG. Article 2 S The services to be performed by the SUBCONTRACTOR aro herewith outlined M the General Provisions and Change Orders which are hereby Incorporated Into and made a par of this Agreement as If set out ward•for-ward herein. Article 3 Pureese (a). The purpose of this Contract (Agreement) is to accomplish the goals of House 8913072, 74th Taxan Legislature (19957, as they relate to distributing sold waste fee revenue funds to support local and regiorul sold waste Projects consistent with the regional sold waste management plans approved by the TCEO and to update and maintain those plans. (b). Under the overall gals of the funding program established under House B91 3072,the more specific purposes of this Agreement are; t. To Implement the provisions of §361.014 (b) of the Texas Health and Safety Code, regarding the distribution of solid waste disposal in revenue funds In support of kcal and regional solid waste projects consistent with the TCEO authorized 363.064 (b) of the Teas Health and Safety Code Regional Sold Waste Management Plans (RSWMPs)• .2. To enable the BVCOG to any out or conduct various municipal sold waste rnanagemeat•related services and support activities within the BVCOG s regional jurisdiction that support Me kupkmerdatkn of the RSWMF., and 3. To administer an efficient and effective, negkn•wide, pass4through (subgrantee) assistance grants pmgmm and/or, where authorized by the BVCOG in accordance with Adkk 4 of this Attachment, to conduct various COG - managed projects in support of the RSWMP. VOTZE I• n.•:l L' (a), Only those local and regional political subdivisions located within the State of Texas as Wed below are eligible to receive funding from the BVCOG as a pass-through grant: 1. Chios; 2. Counties; 3. Public schools and school districts (does not Include Universities or post secondary educational Institutions); 4. Other general and special law districts created In accordance with state law, and with the authority and responsibility for water quality protection or municipal collo waste management, to Include river aulherttks; and 5. Councils of Govamnents. (b). Recipients of funds under this Contract, Including the COG, subgrant recipients, and subcontractors shall comply with all applicable state and kcal laws and regulations pertaining to the use of stale funds, Including laws concerning the procurement of goads and services and competitive purchasing requirements, -.S�l L• L Llt The SUBCONTRACTOR stall have an accounting system, which accounts for costs in accordance with generally accepted accounting standards or principles and complies with applkabk State law, regulations, and policies relating to accounting standards or principles. The SUBCONTRACTOR must a - ra for costs in a manner consistent with such standards or princlples. The provision or the Uniform Grant Management Standards (UGMS) Issued by the Orifice of the Govemor apply to the use of these funds. (a). SUBCONTRACTOR shag maintain during the course of the work, complete and accurate records of an SUBCONTRACTOR'S costs and documentation of items which arc chargeable to BVCOG under this Agreement. LtI Vol.—= _ P9 �7� 14 BVCOG shah have the right at any reasonable time to inspect, copy and audit those records on or of the premises by authorized representatives of its own or any public accounting firm selected by h. Failure to provide access to records may be cause for lamination of the contract. The records to be thus maintained and retained by SUBCONTRACTOR shall Include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of SUBCONTRACTOR'S employees working full or part time on the work, as well as canceled payroll checks or signed receipts for payroll payments in rash; (2) Invoices for purchases, receiving and issuing documents, and all other unit inventory records for SUBCONTRACTOR'S stocks or capital items; and (3) paid Invokes and canceled checks for materials purchased and for subcontractee's and any other third parties' charges. The SUBCONTRACTOR further agrees to include in all its subcontracts a provision the effect that the subcontractee agrees that BVCOG and Its duly authorized representatives, shall, until the expiration of four (4) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the right to examine and copy any directly pertinent books, documents, papers, invoices and records to such subcontractor Involving transactions relating to the subcontract. Article 7 Overpayments SUBCONTRACTOR understands and agrees that it shall be liebte to repay and shall repay upon demand to BVCOG any amounts determined by BVCOG, its independent auditors, or any agency of stale or federal governments to have been paid in violation of the terms of this Agreement. Article 8 AudIVAccess to Records (a). The SUBCONTRACTOR shall maintain and make available for review, inspection andfor audll books, records, documents, and other evidence reasonably pertinent to performance on all work under this agreement, including negotiated charges or amendments thereto. in accordance with accepted professional practice, appropriate accounting procedures and practices at the SUBCONTRACTOR's Texas office. The SUBCONTRACTOR shall also maintain and make available at its Texas office the financial information and data used by the SUBCONTRACTOR or its designee (including independent financial auditors) In the preparation or support of any cost submission or cost (direct and Indirect). price or profit analysis for this Agreement or any negotiated subagreemenl or change order and a copy at the cost summary submitted to BVCOG. The BVCOG, Texas Stale Auditor's Office or any of BVCOG's duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, inspection and/or audit. During the conduct of any such review, audit or Inspection, SUBCONTRACTOR'S books, records, and other pertinent documents may, upon prior conference with the SUBCONTRACTOR, be copied by the BVCOG or any of Its duly authorized representatives. All such information shall be handled by the parties in accordance with good business ethics. The SUBCONTRACTOR shall provide proper fachties within the State of Texas for such access and inspection. (b). Audits conducted pursuant to this provision shall be in accordance with State law, regulations and policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). (c). The SUBCONTRACTOR agrees to the disclosure of all information and reports resulting from access to records pursuant to Section (a) above to BVCOG- Where the audit concerns the SUBCONTRACTOR, the auditing agency will afford the SUBCONTRACTOR an opportunity for an audit exit conference and an opportunity 10 comment an the pertinent portion of the draft audit report. (d). Records under Sections (a) above shall be maintained and made available during the entire period of performance of this Agreement and until lour (4) years from dale of final BVCOG payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken shall be maintained and made availabie until completion of such action and resolution of all issues which arise fmm It. or until the end of the regular four-year period. whichever is later, (e). Access to records is not limited to the required retention periods. The authorized representatives designated In Section (a) of the Article shall have access to records at any reasonable time for as long as the records are maintained. (f). This audillaccess to records Article applies to financial records pertaining to all subagreements and all subagreement change orders and amendments. In addition, this right of access applies to all records pertaining to all subagreemenls, subagmement change orders and subagreemenl amendments: to the extent the records reasonably pertain to subagmement performance; if there is any indication that fraud, gross abuse or corrupt practices may be involved; or if the subagmement is terminated for default or for convenlence. (g), The BVCOG reserves the right to require the reimbursement of any aver -payments determined as a result of any audit or inspection of records kept by the SUBCONTRACTOR on work performed under this Agreement. (h). The SUBCONTRACTOR agrees to include Sections (a) through (g) of this Article in all subagreements and all change orders directly related to project performance. COG = Brazos Valley Council of Governments 15 Ar icle 9 Indenendent Financial Audi The SUBCONTRACTOR shall adhere to the Single Audit requirements of the UGCMA. The SUBCONTRACTOR shall deliver to the BVCOG each audit report within thirty (30) days of completion of the audit report, The SUBCONTRACTOR Is responsible for including the Single Audit requirements in all subagreemenls and shall be responsible for insuring adherence to those requirements by all subgrantees and subcontractors. Provisions of the Single Audit Circular in Part IV of the UGMS shall apply to all non -state entities expending the funds of this grant, whether they are recipients, receiving the funds directly from the TCEO, or are subrecipients, receiving the funds from a pass-through entity. The SUBCONTRACTOR shall require the independent auditor to supply all audit work papers substantiating the work performed, at the request of the BVCOG or Its designee. Article 10 Amendments to Cont Amendments of the General Terms and Conditions of this Agreement includes the following exception for minor changes: (a) Minor Changes. BVCOG authority for making interpretations and agreeing to minor changes: The BVCOG has the authority, without a formal Amendment, to make written interpretations to the Agreement and agree in writing 10 minor, non -material changes to requirements in the Scope of Work; Budget Adjustments or Project Deliverables, including: (1) Changes to the schedule in the Scope of Work, in the Scope of Work; Budget Adjustments or Project Deliverables, including an extension of a deliverable due date, not to exceed the expiration date of the Agreement; (2) Changes to the individual tasks listed in this Agreement or to the implementation projects that do not substantially change the obligations of the Parties relative to those Tasks; and (3) Transfers between the authorized amounts of expenditures in the Budget Categories i( the cumulative changes am equal to or less than 10% of the yearly budget. (4) To be effective, the changes in the Agreement agreed to by BVCOG must be in writing and must also be agreed to by an authorized Representative of the SUBCONTRACTOR. A copy of the agreed change must be retained in the appropriate file of both the SUBCONTRACTOR and BVCOG. (5) It is the responsibility of the Performing Parry to request extensions to the deliverable schedule and other changes. (b) A formal amendment to the Agreement signed by authorized officials of both Parties is required for changes to the substantive obligations of the SUBCONTRACTOR and/or BVCOG, Including the following: (1)Changes in the total amount of funds in the Budget or the Agreement; (2) Transfers between the authorized amounts of expenditures in the Budget Categories if the cumulative changes are greater than 10% of the yearly budget; (3) Changes to the Scope of Work that affect the BVCOG obligations in this Agreement or BVCOG obligations to another state or federal agency or the Texas Legislature; or (4) Changes that affect the material obligations of the SUBCONTRACTOR in this Agreement. (c) Release of Claims. As a condition to final payment and/or settlement, and all tasks and deliverables have been fulfilled, the SUBCONTRACTOR shall execute and deliver to the BVCOG a release of all claims against the BVCOG for payment under this Agreement with its Final report. The Release of Claims Form is found in Attachment G of the Interlocal Agreeement. (d) SUBCONTRACTOR shall comply with Texas Government Code § 556.0055 (e) If the SUBCONTRACTOR is required by the UGMS to obtain a Single Audit or program specific audit and the audit is not posted on the Federal Audit Clearinghouse website, the SUBCONTRACTOR shall provide the audit to BVCOG immediately upon the completion of the audit and provide the SUBCONTRACTOR'S management decisions. (f) BVCOG materially relies on all certifications provided by the SUBCONTRACTOR. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes In Federal Law or Regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become COG = Brazos Valley Council of Governments FVol. P9 W effective on the dale designated by such law or regulation, provided it the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR may terminate its participation herein as authorized by Article 11. If theream`remaining grant funds aid a g`rsnt projecfainendment is n uiied, the SUBCONTRACTOR should make a request for- the amendment no later' than 30d ys afler the iilltial)20 day notffic'sho m—ri'mmmg remaining grant hinds has b9n provided to the chief official: Afler;the project amendment Has been granted rthe final invoim must be submitted and' emaialng grant funds must be spent no lalei-than 60 days aRei the approval of tH granted amendment. Such changes that are mutually agreed upon by and between BVCOG and the SUBCONTRACTOR in writing shag be incorporated into this Agreement. Article t 1 Termination of Contrail Failure on the part of the SUBCONTRACTOR to comply with the conditions set forth in this agreement shall be the basis for termination of this agreement and/or the revocation of any unexpended or inappropriately expended funds. The SUBCONTRACTOR acknowledges that this Agreement may be terminated under the fallowing circumstances: (a). Convenience BVCOG may terminate this Agreement in whole or in part without cause at any time by written notice by certified mail to the contractor whenever for any reason BVCOG determines that such termination is in the best interest of COG. Upon receipt of notice of termination, ag services hereunder of the SUBCONTRACTOR and its employees and subcontraclees shall cease to the extent specified in the notice of ternlnalim.;ff the termination is not due to '.forfeiture of grant funds per AltachmenCA; Arlide 10 (c); but fs considered a tertnt`naCwnm wtiple, the SUBBCONTRACTOR shall prepare a final invoice within 30 days of such termination reflecting the services actually performed pursuant to the Agreement and to the satisfaction of the Executive Director or his V designee which has not appeared on any prior invoice. BVCOG agrees to pay the SUBCONTRACTOR, in accordance with the terms of the Agreement, for services actually performed and accruing to the benefit of BVCOG compensation previously paid. The SUBCONTRACTOR may cancel m terminate this Agreement upon thirty (30) days written notice by certified mag to BVCOG. The SUBCONTRACTOR may not give notice of cancellation after it has received notice of default from BVCOG. In the event of such termination prior to completion of the contract provided for herein, BVCOG. agrees to pay for services herein specified on a prorated bases for work actually performed and invoiced in accordance with the terms of this Agreement, less payment of any compensation previously paid. (b). Default BVCOG may, by written notice of default to the SUBCONTRACTOR, terminale the whole or any part of the Agreement in any one of the following circumstances: 1. If the SUBCONTRACTOR fails to perform the services herein specked within the time specified herein or any extension thereof; or 2. If the SUBCONTRACTOR fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or so violates the Agreement in a manner which significantly endangers substantial performance of the Agreement or completion of the services herein specified within a reasonable time, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer periods of lime as may be authorized by BVCOG in writing) after receiving written notice by certified mail of default from BVCOG. In the event of such termination, all services of the SUBCONTRACTOR and its employees and subconsultants shall cease and the SUBCONTRACTOR shall prepare a final involce reffecting the services actually performed pursuant to the Agreement and to the satisfaction of the Executive Director of BVCOG or his designee which has not appeared on a prior invoice. BVCOG agrees to pay the SUBCONTRACTOR, in accordance with the terms of this Agreement, for services actually performed andaccruing to the benefit of BVCOG as reflected an said involces, less payment of any compensation previously paid and less any costs or damages incurred by BVCOG as a result of such default, including an amount agreed to in writing by BVCOG and the SUBCONTRACTOR to be necessary to complete the services herein specified, in addition to that which would have been required had the SUBCONTRACTOR completed the services herein specified as required herein. Article 12 Conflict of trite The SUBCONTRACTOR shall notify the BVCOG immediately upon discovery of any potential or actual conflict of interest. The notification shall include both organizational conflicts of interests and personal conflicts of Interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any way In the performance of any work that created the conflict of interest. The SUBCONTRACTOR agrees that the BVCOG has sole discretion to determine whether a conflict exists and that the BVCOG may terminate the Agreement at any time, an the grounds of actual or apparent conflict of interest. COG = Brazos Valley Council of -Govern. ments - 17 Vol. Pa. �� - "G. 0277 Article 13 Severability All parties agree that should any provision of this Agreement be determined to be Invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Article 14 Dispute Resolution Any and all disputes concerning questions of fact or of law arising under this Agreement, which are not disposed of by Agreement shall be decided by the Executive Director of BVCOG or his designee, who shall reduce his decision to writing and provide notice thereof to the SUBCONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the dale of receipt of such copy, the SUBCONTRACTOR requests a rehearing from the Executive Director of BVCOG. In connection with any rehearing under this Article, the SUBCONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. Pending final decision of a dispute hereunder, the SUBCONTRACTOR shall proceed diligently with the.performance of the Agreement and in accordance with BVCOG's final decision. Article 15 Oral and Written Agreements All oral or written agreements between the parties hereto relating to the subject matter of this Contract which were developed and executed prior to the execution of this Contract have been reduced to writing and are contained herein. Article 16 Emplovmemt.ADA Requirements and Statutes Relating to Nondiscrimination The SUBCONTRACTOR agrees that in the performance of this Agreement, it will not discriminate against any employee or applicant because of race, religion, calor, sex, age, or national origin and it will comply with the Executive Order 11246, entitled 'Equal Employment Opportunity; as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The SUBCONTRACTOR assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Agreement. The SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S,C. g 12101- 12213 (Pamph 1995). The SUBCONTRACTOR shall comply with all applicable state and federal statutes relating to nondiscrimination which include, but are not limited to, those listed in the Uniform Grant Management Standards. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the parties' control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Deternination of force majeure shall rest solely with the BVCOG. Article 16 Entire Contract This Agreement represents the entire Contract between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. Article 19 Utilization of Small. Minority. and Women's Business Enterprises The SUBCONTRACTOR agrees that qualified Historically Underutilized Businesses (HUBS) shall have the maximum practicable opportunity to participate in the performance of this Agreement. Article 20 Energy Efficiency Standards The SUBCONTRACTOR is encouraged to follow standards and policies on energy efficiency, which are contained in the Texas Slate Energy conservation Plan Issued in compliance with the Energy Policy and Conservation Act (P. L. 94163). Article 21 Safety and Protection Where applicable, the BVCOG shall be responsible for requiring SUBCONTRACTORS and SUBGRANTEES to maintain and supervise all necessary safety precautions and programs in connection with the work. The SUBCONTRACTOR shall take all the necessary safety precautions. COG = Brazos Valley Council of Governments va. ��l _w, ip rticle 22 Data and P All data and other information developed under this Agreement shall be furnished to the BVCOG and shall be public data and information except to the extent that it is exempted from public access by the Texas Open RecordslPublic Information Act, Vernon's Texas Government Code Sect. 552. Upon termination of this Agreement, all data and information shall become the joint property of the BVCOG and the SUBCONTRACTOR. Article 23 Acknowledoment of Financial Su000rt The SUBCONTRACTOR stag acknowledge the financial support of the BVCOG and TCEO whenever work funded. in whole or part, by this Agreement is publicized or reported in news media or publications. All reports, oral presentations, advertisements, signage and other written documents completed as a part of this Agreement, other than documents prepared exclusively for internal use within the BVCOG, shag carry the following notation on the front cover or fitle page; PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE BRAZOS VALLEY COUNCIL OF GOVERNMENTS Article 24 Intellectual Property Requirements (a) For the purpose of this Article, `intellectual property' refers to 1) any discovery or invention for, which patent rights may be acquired, and 2) any photographs. graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials, and 3) any other materials in which intellectual property rights may be obtained. (b) Royalties and Patent Fees, SUBCONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use or possession In the performance of the work or the incorporation in the work of any Intellectual Property, (c) Disclosure of Intellectual Property Produced during the work. SUBCONTRACTOR shag promptly notify BVCOG of all Intellectual Property, which the SUBCONTRACTOR, or SUBCONTRACTOR's employees may produce, either solely or jointly with others, during the course of work. In addition, the SUBCONTRACTOR shag promptly notify the BVCOG of all Intellectual Property to which the SUBCONTRACTOR may acquire rights in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request, SUBCONTRACTOR shall supply such additional information as BVCOG may request. (d) Grant of License. With respect to such Intellectual Property as is (i) incorporated in the work (other than Intellectual Property for which BVCOG already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or otherwise), (ii) produced by SUBCONTRACTOR or SUBCONTRACTOR's employees, during the course of performing the work, or (Bi) specifically identified in the Supplemental Conditions as Intellectual Property to which Intellectual Property Rights are granted pursuant to this paragraph, SUBCONTRACTOR hereby grants to BVCOG (i) a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use documentation, and (ii) a nonexclusive, perpetual irrevocable, enterprisewide license to authorize others to reproduce, publish, or otherwise use such Intellectual Property for BVCOG's purposes. (e) Modification; Derivative Works. TCEO shag have the right, in its own discretion, to independently modify any Intellectual Property to which license is granted herein for the TCEQ's own purposes and use, through the services of its own employees or independent contractors. TCEO shall own all Intellectual Property Rights to such modifications. SUBCONTRACTOR shall not incorporate any such modifications into it's Intellectual Property for distribution to third parties unless it first obtains a license from TCEO. (Q If the SUBCONTRACTOR first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under this Agreement, it shall report that fact to the BVCOG. (g) The SUBCONTRACTOR may obtain governmental protection for rights in the intellectual property. However, the BVCOG hereby reserves a nonexclusive, royalty -free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. The BVCOG also reserves a royalty - free nonexclusive, and irrevocable license to use, publish, or reproduce, for sale or otherwise (lo the extent consistent with the right of third parties) any intellectual property for which the SUBCONTRACTOR obtains rights with funds received under this Agreement. (h) In performing work under this Agreement, the SUBCONTRACTOR shall comply with all laws, rules, and regulations relating to intellectual property, and shall not Infringe on any third -parry's intellectual property rights. SUBCONTRACTOR further represents and warrants to TCEO that in the course of performing the work it will not use or possess any Intellectual Property owned by a third party without paying any required royalty or patent fees. SUBCONTRACTOR warrants that it has full title in and ownership of the Intellectual Property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted herein, and such license use by the BVCOG will in no way constitute an infringement or other violation of any Intellectual Property right of any third party. The SUBCONTRACTOR warrants that it shall have, throughout any COG = Brazos Valley Council of Governments 19 Vol. 0?�.�_.. applicable license tens hereunder, free and clear title to, or the right to possess, use sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to the BVCOG by SUBCONTRACTOR. Except as penNtted In the Agreement, SUBCONTRACTOR shall not create or permit the creation of any lien, encumbrance, or security Interest in the work or any part thereof, or any product licensed or provided hereunder to BVCOG for which tide has not yet passed to BVCOG, without the prior written consent of BVCOG. SUBCONTRACTOR represents and warrants to BVCOG that neither it nor any other company or individual performing the work is under any obligation to assign or give to any third party any Intellectual Property rights granted or assigned to BVCOG, or reserved by BVCOG, pursuant to the Agreement. It shall hold the BVCOG harmless for, and to the extent permitted by the law and Constitution of the State of Texas, defend and indemnify the BVCOG against, any claims for infringement related to its work under this Agreement. (1). SUBCONTRACTOR expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements under section 2157.005 of the Government Code, relating to accessibility by persons with visual impairments. Accordingly, the SUBCONTRACTOR represents and warrants to BVCOG that the technology provided to the BVCOG of purchase is capable, either by virtue of features included within the technology or because It is readily adaptable by use with other technology, of (a) providing equivalent access for effective use by both visual and rtonvisual means; (b) presenting information, including prompts used for interactive communications, In formats intended for norwisual use; and (c) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase "equivalent access' means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodation under the Americans with Disabilities act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. (2). SUBCONTRACTOR will include in all subcontracts a provision similar in effect to the following year 2000 Warranty as set forth in this Subseclion. (a). SUBCONTRACTOR also warrants that, with respect to work performed under this Agreement. that all work is Year 2000 Compliant when used in accordance with the applicable documentalian, provided that all products used In combination with it (but not themselves included in or with or incorporated Into the work) properly exchange date date with the work. SUBCONTRACTOR warrants that the work meets all applicable standards of the Texas Department of Information Resources relating to the Year 2000 Compliance. In the event any work performed under this Agreement is not Year 2000 Compliant and the SUBCONTRACTOR is provided written notice thereof, SUBCONTRACTOR shall at is sole expense immediately cause such work to become Year 2000 Compliant in a manner that will minimize interruption to ongoing business processes, time being of the essence. The SUBCONTRACTOR shall include provisions adequate to effectuate the purposes of this Article in all subagreemenls and subcontracts under this Agreement in the course of which intellectual property may be produced or acquired. Article 25 Cost Requiring Advance Authorization (a). The SUBCONTRACTOR must receive prior notification and approval by the BVCOG or any changes in personnel whose salaries will be furled under the pass-through grant. (b). The SUBCONTRACTOR must receive prior authorization from the BVCOG for ail expenditures under the .equipment,* construction," or'cantractual; budget categories. (c). Reimbursement of travel expenses for out-of-state travel, except where such travel is specifically authorized in writing by the BVCOG, is prohibited. Article 26 Permits Unless otherwise provided in the Agreement, the SUBCONTRACTOR shall obtain and pay for all construction permits and licenses. The SUBCONTRACTOR shall pay all charges of utility owners for connections to the work, and the SUBCONTRACTOR shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Article 27 Indirect Costs The BVCOG may authorize indirect costs at the request of the SUBCONTRACTOR. If the SUBCONTRACTOR does not have a current indirect cost rate approved in accordance with the UGCMA, the BVCOG may negotiate lump sum indirect cost charges that do not exceed the charges as established using the 'Indirect Cost Computation Table' provided in the Uniform Grant and Contract Management Standards under the UGCMA. COG = Brazos Valley Council of Governments 20 Vol. ad_%_ Pg. --I F-2 Article 28 Uniform Grant and Contract Management. Act The provisions of Uniform Grant and Contract Management Ad, TEXAS GOVERNMENT CODE, Chapter 783 applies to this Agreement, all amendments thereto, and all subcontracts and subagreements. Compliance with the conditions and requirements contained therein is necessary for the satisfactory performance of the services and work required under this Agreement. Article 29 Disputes Claims Remedies Payment not a Release Neither payment by BVCOG nor any other actor omission other than an explicit written release constitutes a release of the SUBCONTRACTOR from liability under this Agreement. Schedule of Remedies available to the BVCOG. In accordance with Chapter 2261, Texas Govemment Code, the following Schedule of Remedies applies to this contract in the event of substandard performance or other failure to confirm to the requirements of the contract or applicable law as set forth in this Section. (a). Reject substandard performance and request corrections without charge to BVCOG. (b). Issue notice of substandard performance or other non -conforming ad or omission. W. Request and receive return of any over payments or inappropriate payments. (d). Reject reimbursement request and suspend further payments pending accepted revision of substandard performance or nonconformity. (e). Suspend all or part of the Agreement Activities andlor payments pending accepted revision of substandard performance or nonconformity. (�. Reject reimbursement requested and withhold all or partial payments. Funds may be retained by the BVCOG for recovery or administrative costs or returned to funding source as authorized by agreements with the funding source and by stale or federal taw. (g). Terminale the contract without further obligation for pending or further payments by the BVCOG and receive r estitution of previous payments. (h) Demand restitution and recover previous payments where performance Is subsequently determined nonconforming. Demand and receive return of all equipment purchased of contract funds, return of all unexpended funds, and repayment of expended funds. If the BVCOG evaluation finds the SUBCONTRACTOR's performance to be substandard, the BVCOG may provide its written evaluation report to other governmental entities at any time. The BVCOG may also provide Its written evaluation report to the public as authorized by law. No adverse action shall be taken against the SUBCONTRACTOR, unless the nonconformity is material to the conlract, the SUBCONTRACTOR has been notified of the nonconformity, and the SUBCONTRACTOR has been given a reasonable opportunity to correct the nonconformity. The BVCOG may avail itseff of any remedy or sanction provided in this Agreement or in law to recover any losses rising from or caused by the SUBCONTRACTOR's substandard performance or any non -conformity wilh the Agreement or the law. The remedies and sanctions available to the BVCOG in this Agreement shall not limit the remedies available to the BVCOG under law. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the Schedule of Remedies, obligations Imposed upon the SUBCONTRACTOR by these General Conditions, and all other rights and remedies available to the BVCOG thereunder, are in addition to, and are not to be in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available, by Laws or Regulations, by special warranty or guarantee or by other provisions of the Agreement, and the provisions of the paragraph will be as effective as if repealed specifically in the Agreement In connection with each particular duty, obligation, right and remedy to which they apply. Article 36 Survival of Obligations Except where a different period is specified in this Agreement or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Agreement Documents, as well as all continuing obligations indicated in the Agreement Documents, will survive for 4 (four) years beyond the termination or completion of the Agreemenl; or after the end of a proceeding which was brought under the Agreement or if TCEO has notified BVCOG of an on-going proceeding. A proceeding includes any litigation, legal proceeding, permit application, State Office of Administration Hearings proceeding, or similar activity listed in a TCEO notice to the BVCOG or a BVCOG notice to the SUBCONTRACTOR. Article 3t Subcontractor Performance Evaluation performance evaluations are a part of the BVCOG's review of the SUBCONTRACTOR's performance, and may be a factor in the selection of future projects. The BVCOG may provide this information to slate agencies and upon request, to others. The SUBCONTRACTOR consents to the disclosure of any information or opinion in the evaluations, COG = Brazos Valley CouncilG.omernmenfs_._— 21 Vol. f? _ Pa. ��3 � Article 32 Weiver With the exception of an express, written document signed with authority by the BVCOG, no act or omission will constitute a waiver or release of the SUBCONTRACTOR's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. The making of a payment does not constitute acceptance of the invoiced Contract Activities nor does h constitute a waiver of the BVCOG's claims against the SUBCONTRACTOR or its sureties. Article 33 Release of Claims As a wndltion to Mal payment or settlement, or both, the SUBCONTRACTOR shall execute and deliver to the BVCOG a release of all claims against the BVCOG for payment under this contract. Article 34 Legal Fees Prohibited This money shall be spent on projects as approved by the TCEO. Legal expenses required in the administration of Slate programs are allowable. Legal expenses for prosecution of claims against the State government are unallowable, COG = Brazos Valley Council of Governments 22 Vol.7-CLJ Pg r,, ATTACHMENT F. Implementation Project Standards Only those local and regional political subdivisions located within the Stale of Texas as set forth in this Section are el'gible to receive funding from the BVCOG for an implementation pmject. The following public entities are eligible for gram funding under this program (non-pmlit organizations and private companies are not directly eligible, but may be subcontracted by eligible public entities): • Cities • Counties • Public schools and school districts (excluding universities and other post -secondary educational institutions) • General and special law districts created in accordance with State law with the authority and responsibility for water quality protection or municipal solid waste management (e.g., river authorities and municipal utifity districts) • Councils of governments Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the TCEQ, are not eligible to receive grant funding under this program from the BVCOG. If the potential applicant provides the BVCOG with documentation of payment of the fees. such as a canceled check or recall from the state, the BVCOG may consider that applicant to be eligible to receive grant funding under this program. Local and regional political subdivisions that are barred from participating in state contracts by the Texas General Services Commission (GSC), under the provisions of Government Code 2155.077, and 1 TAC 113.02, GSC Regulations, are not eligible to receive these funds from the BVCOG, The conduct of projects provided funding under this program shall be in accordance with all applicable state and local statutes, rules, regulations, and guidelines. The main governing standards include, but may not be limited to, the following: Chapter 363.014, Texas Health & Safety Code (as amended by H.B. 3072, 74th Texas Legislature); The main grant agreement (contract) with TCEQ; and, Except as modified by the grant agreement with TCEQ, the Uniform Grant and Contract Management Standards (UGCMS) developed under directive of the Uniform Grant and Contract Management Act of 1981, Chapter 783, Texas Government Code. The UGCMS has been developed and published. by the Govemofs Office of Budget and Planning to provide uniform grant administrative procedures. The UGCMS adopts, with state annotations, the provisions of five federal circulars promulgated by the Office of Management and Budget; those are: Circular N0. A-87: Cost Principles for State and Local Govemments; Circular No. A-110: Grants and Agreements with Institutions of Higher Education, Hospitals. and other Private Nonprafit Corporations: Uniform Administrative Requirements. Attachment A (Cash Depositories), Attachment F (Standards for Financial Management Systems), and Attachment O (procurement Standards); Common Rule for Circular A-102: Uniform Administrative Requirements for Grunts and Cooperative Agreements to Stale and Local Governments- Sections 20 (Standards for financial Management Systems) and 36 (Procurement); Circular No. A-128: Audita of State and Local Governments; and Circular No. A-133: Audits of Institutions of Higher Education and Other Private Nonprofit Corporations. TYPES OF PROJECTS The following project categories are eligible for funding. Under each category heading is a brief description of the purpose of that calegory, as well as special requirements pertaining to that project category. Grunt funded equipment purchased for any particular project category is awarded with the understanding that the equipment will be made available to provide assistance to cities and for counties within the region, should the need arise in the case of an emergency - 1. Local Enforcement Funds may be used for projects, which contribute to the prevention of illegal dumping of municipal solid waste, including liquid wastes. Funding recipients may investigate filegal dumping problems; enforce laws COG = Brazos Valley Council of G vernrnefrts---- --.-_. 23 Vol./ and regulations pertaining to the illegal dumping of municipal solid waste, including liquid waste; establish a program to monitor the collection and transport of municipal liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping laws and regulations. Local Enforcement Restrictions a. Funds may not be provided to any law enforcement agency regulated by the Teras Occupational Code, Title 10 Chapter 1701, unless: (a) the law enforcement agency is in compliance with all rules on Law Enforcement Officer Standards and Education; or (b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is In the process of achieving compliance with such rules. b. When funding is to be provided for salaries of local enforcement officers, the funds recipient must certify that at least one of the officers has attended or will attend within the tern of the funding the TCEQ's Criminal Environmental Law Enforcement Training or equivalent training. C Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering and illegal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities for a percentage of time equal to the proportion of the purchase expense funded. d Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for use by an enforcement officer, must Investigate major illegal dumping problems, on both public and private property, in addition to investigating general litter problems on public property. e. Entities receiving funds to conduct a local enforcement program must cooperate with the TCEQ's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities. I. Funds may not be used for investigation and enforcement activities related to the illegal dumping of industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site do not preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement activities are on the illegal dumping or municipal solid waste. g, Funds may not be used for purchase of weapons, ammunition, and/or HazMat gear. 2. Litter, Illegal Dumping Cleanup and Community Collection Events Funds may be used for ongoing and periodic activities to clean up Thier and illegal dumping of municipal solid waste. Funded activities may Includw waste removal; disposal or recycling of removed materials; fencing and barriers; and signage. Placement of trash collection receptacles in public areas with chronic littering problems may also be funded. Reuse or recycling options should be considered for managing the materials cleaned up under this program, to the extent feasible. Funds may also be used for periodic community collection events, held not more frequently than four (4) times per year, to provide for collection of residential waste materials for which there is not a readily available collection ahemative, such as large and bulky hems that are not picked up under the regular collection system, Litter. Illegal Dumping Cleanup and Community Collection Events Restrictions a, Projects funded to clean up litter or illegal dumping on private property must be conducted through a local government sponsor or the BVCOG. Funds may not be provided directly to a private landowner or other private responsible party for cleanup expenses. The local government sponsor or the BVCOG must either contract for and oversee the cleanup work, or conduct the work with its own employees and equipment b. The costs for cleanup of hazardous wasle that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ 10 deal with Immediate threats to human health or the environment. c. The costs for cleanup of Class 1 nonhazardous industrial waste that may be found at a municipal solid waste site must he funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 nonhazardous industrial waste that may be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a site. COG = Brazos Valley Council of Governments 24 E. -,)7 Pg._ d. AN notification, assessment, and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC Chapter 330, TCEQ's MSW Regulations, and 30 TAC Chapter 350, TCEG's Risk Reduction Regulations, must be complied with as pad of any activities funded under this Agreement, e. All materials cleaned up using grant funds must be property disposed of or otherwise property managed in accordance with all applicable laws and regulations. To the extent feasible, it is recommended that materials removed from a site be reused or recycled. For projects to dean up large amounts of materials, the BVCGG will consider withholding at least len If 0) percent of the reimbursements under a pass- through grant or subcontract until documentation is provided that the cleanup work has been completed and the materials property, managed. f. Periodic community collection events, to provide for collection and proper disposal of non -recyclable residential waste materials for which there is not a readily -available collection alternative, may be funded. This type of project may not include regular solid waste collection activities, such as weekly waste collection. Funded collection events may be held no more frequently than four times per year, and must only be intended to provide residents an opportunity to dispose of hard -to -collect materials, such as large and bulky items that are not picked up under the regular collection system, and might otherwise be illegally dumped by residents. g. To the extent practicable, community collection events should make every effort to divert wastes from area landfills, e.g. contain a recycling component. 3. Source Reduction and Recyclina Funds may be used for projects, which provide a direct and measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials from the municipal solid waste stream for reuse or recycling, or by reducing waste generation at the source. Funded activities may include: diversion from the waste stream and/or collection, processing for transport, and transportation of materials for reuse and/or recycling; implementation of efficiency improvements in order to increase source reduction and recycling, to include full -cost accounting systems and cost -based rate structures. establishment of a solid waste services enterprise fund, and mechanisms to trach and assess the level of recycling activity in the community on a regular basis; and educational and promotional activities to increase source reduction and recycling, Source Reduction and Recvcling Restrictions Any program or project funded with the intent of demonstrating the use of products made from recycled and/or reused materials shalt have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. 4. Local Solid Waste Management Plans Funds may be used for projects to develop local solid waste management plans in accordance with Texas Health & Safety Code, Chapter 363, as implemented by state rule In Title 30 Texas Administrative Code (30TAC), Chapter 330. It Is recommended that at least one year be allowed for the completion and adoption of a local plan. Local Solid Waste Management Plans must meet the goals and objectives of the RSWMP. Local Solid Waste Management Plans Restrictions a. All local solid waste management plans funded under this Agreement must be consistent with the BVCOG's regional solid waste management plan, and prepared in accordance with 30 TAC Subchapter O, Chapter 330, TCEQ Regulations, and the Content and Format Guidelines provided by the TCEQ. In selecting a local solid waste management plan project for funding, the BVCGG shall ensure that at least one year is available for the completion and adoption of the local plan, 5. Citizens' Collection Stations and "Small" Registered Transfer Stations Funds may be used for projects to construct and equip citizens' coltedion stations, as these facilities are defined under 30 TAC §330.3, TCEQ Regulations. Projects funded for these types of facilities shag include consideration of an integrated approach to solid waste management, to include providing recycling Services at the site, if appropriate to the management system In place. The following MSW facilities may quality on a case by case basis for funding: • Notification tier municipal solid waste transfer stations that quality under 30 TAC 330.11(g). Registered municipal solid waste transfer stations that qualify under 30 TAC 330.9(b) (1) through (3), or fry. COG = Brazos Valley Council of Governments 25 Vol. Pg. 2 �7 • Notification tier citizens' collection stations that qualify under 30 TAC 330.11 (e) (1). • Exempt local government recycling facilities as provided for under 30 SAC 328 (a) (1). • Notification tier recycling facilities that qualify under 30 TAC 330.11 (e)(2). • Notification tier composting facilities which qualify under 30 TAC 332.21 — 332.23. • Notification tier liquid waste temporary storage facilities which qualify under 30 TAC 330.11 (e)(5). • Liquid waste transfer stations which qualify for registration in 30 TAC 330.9(8) and (o). • Notification tier used oil collection facilities which qualify under 30 TAC 324.71(1) or (3). Citizens' Collection Stations and "Small" Registered Transfer Stations Restrictions a. The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC Chapter 330, TCEQ Regulations, may be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. b. The design and construction of small municipal solid waste and liquid waste transfer stations that qualify for registration under 30 TAC §330, MSW Rules, may be funded. Other permitted or registered transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A (quid waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating a transfer station once it is completed may not be funded. The following MSW facilities maybe funded: • Notification tier municipal solid waste transfer stations that quality under 30 TAC 330.11(g). • Registered municipal solid waste transfer stations that qualify under 30 TAC 330.9(b) (1) through (3), or (1). • Notification tier citizens' collection stations that quality under 30 TAC 330.11 (e) (1). • Exempt local government recycling facilities as provided for under 30 TAC 328 (a) (1). • Notification tier recycling facilities that quality under 30 TAC 330.11 (e)(2). • Notification tier composting facilities which qualify under 30 TAC 332.21 — 332.23. • Notification tier liquid waste temporary storage facilities which qualify under 30 TAC 330.11 (e)(5). • Liquid waste transfer stations which quality for registral'wn in 30 TAC 330.9(g) and (o). Notification tier used oil collection facilities which qualify under 30 TAC 324.71(1) or (3), 6. Household Hazardous Waste Management Funds may be used for projects, which provide a means for the collection, recycling or reuse, and/or proper disposal of household hazardous waste, including household chemicals, electronic wastes, and other materials. Funded activities may include: collection events: consolidation and transportation costs associated with collection activities: recycling or reuse of materials; proper disposal of materials; permanent collection facilities, education and public awareness programs. Household Hazardous Waste Management Restdctlons All household hazardous waste collection, recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. 7. Technical Studies Funds may be used for projects, which include the collection of pertinent data, analysis of issues and needs, evaluation of altemative solutions, public input, and recommended actions, to assist in making solid waste management decisions at the local level. Projects may also include research and investigations to determine the location, boundaries, and contents of closed municipal solid waste landfills and sites, and to assess possible risks to human health or the environment associated with those landfills and sites. Technical Studies Restrictions All technical studies funded must be consistent with the BVCOG's regional solid waste management plan, and prepared in accordance with Administrative Procedures provided by the TCEQ. COG = Brazos Valley Council of Governments 26 H a�% Pg. 8. Educational and Training Prolects Educational components are encouraged under the other categories in order to better ensure public participation in projects; those educational components should be funded as part of those projects and not separately under this calegory. Funds may also be used for'slandalone educational projects dealing with a variety of solid waste management topics. Projects may include funding for information -exchange activities, subject to the other limitations on travel expenses. Educational and Training Protects Restrictions Educational and training programs and projects funded under this Agreement must be primarily related to the management of municipal solid waste, and funds applied to a broader education program may only be used for those potions of the program pertaining to municipal solid waste. 9. Other Protects Other types of projects, e,g. scrap tire management programs, not specifically prohibited from funding under the more detailed funding standards and restrictions, maybe considered by TCEO on a case-by- case basis. In particular, BVCOG may request authorization to provide funding for cleanup or remediation of problems at an old or abandoned MSW landfill. Other Prolect5 Restrictions If the TCEO authorizes the BVCOG to fund additional types of projects, e.g. scrap lire management, the authorization incorporated into the grant Agreement may include additional standards and restrictions that will appy to use of funds for that project or type of project. COG = Brazos Valley Council of Governments 27 Vol. �/ Pg 2 ATTACHMENT G Brazos Valley Council of Govemments Release of Claims Form Grant Recipient Project Number This Release of Claims Form certifies that all subcontractors and suppliers have been paid in full and we have fulfilled all of the tasks and deliverables under the above mentioned project number, and releases BVCOG of any claims arising from this contract. TYPED OR PRINTED NAME AND TITLE OF AUTHORIZED OFFICIALr 'SIGNATURE OFAUMORIZED 'CERTIFY/N6OFFICIAL°. DATE SIGNED: '"Thls�fortn;Is�due #o`BVCOG,wIrh theFinalReport by theme end,of"66 the Interlocal Agreement ? __ 'A si-nedkform!§hbuldibeisubmitted asla ,document I BRAZOS VALLEY I COG = Brazos Valley Council of Governments 28 Vol. _ Pg, Z10. ATTACHMENT B. Work Program of SUBCONTRACTOR THE TIRE AMNESTY PROJECT WILL PROMOTE GOOD WASTE MANAGEMENT PRACTICES BY ALLOWING ALL CITIZENS OF BRAZOS COUNTY TO PARTICIPATE IN TWO FREE TIRE CLEANUP EVENTS. WHILE BRAZOS COUNTY DOES HAVE A COLLECTION SITE TO DUMP TIRES ALREADY, BY HAVING TWO AMNESTY DAYS WE WANT THE PUBLIC TO KNOW THAT WE ARE COMMITTED TO PROPERLY DISPOSING OF SOLID WASTE, TO THE HEALTH AND SAFETY OF COUNTY RESIDENTS, AND TO EDUCATE OUR RESIDENTS WHERE THEY CAN DUMP OLD TIRES IN BRAZOS COUNTY. THE EVENTS WILL BE HOSTED BY KEEP BRAZOS VALLEY BEAUTIFUL AND BRAZOS COUNTY COMMISSIONER PRECTINT 4. THERE WILL BE TWO COLLECTION DAYS FOR RESIDENTS, AND BOTH WILL OCCUR AT THE BRAZOS COUNTY EXPO CENTER, 5827 LEONARD ROAD, BRYAN TEXAS 77803. THE TWO EVENTS WILL TAKE PLACE FALL 2018 AND SPRING 2019. DURING THESE TWO EVENTS EACH HOUSEHOLD WILL BE ALLOWED TO BRING UP TO FOUR PASSENGER VEHICLE TIRES PER EVENT TO THE BRAZOS COUNTY EXPO CENTER: WITH ADDITIONAL TIRES BEING ACCEPTED NEAR THE END OF THE EVENTS IF SPACES ON THE RENTAL TRAILER PERMIT. VOLUNTEERS AT THE EVENT WILL COLLECT DATA FOR BRAZOS COUNTY STAFF FROM CUSTOMERS IN A SURVEY DETAILING WHERE THE TIRES CAME FROM, HOW MANY TIRES THE RESIDENT BROUGHT, AND HOW THE RESIDENT HEARD OF THE EVENT. TO MAKE SURE THIS EVENT HELPS BRAZOS COUNTY PROOF OF RESIDENCY SUCH AS A UTILITY BILL OR DRIVER'S LICENSE WILL BE REQUIRED FOR SOMEONE TO DISPOSE TIRES AT THE EVENTS. THE BRAZOS COUNTY SHERIFF'S OFFICE WILL PROVIDE INMATES TO SORT AND LOAD TIRES INTO THE TRAILRS AS NEEDED BRAZOS COUNTY WILL ADVERTISE EACH EVENT AS FUNDS ALLOW. THIS PROJECT WILL BE MANAGED AND COORDINATED BY PERSONNEL FROM OFFICE OF IRMA CAULEY, BRAZOS COUNTY COMMISSIONER PRECINCT 4. THE BRAZOS COUNTY SHERIFF'S OFFICE IS COLLABORATING ON EACH EVENT AND WILL PROVIDE MANPOWER TO LOAD AND STACK TIRES ON THE TRUCK BEDS. 29 ATTACHMENT B B. Work Program of SUBCONTRACTOR THE TIRE AMNESTY PROJECT WILL PROMOTE GOOD WASTE MANAGEMENT PRACTICES BY ALLOWING ALL CITIZENS OF BRAZOS COUNTY TO PARTICIPATE IN TWO FREE TIRE CLEANUP EVENTS. WHILE BRAZOS COUNTY DOES HAVE A COLLECTION SITE TO DUMP TIRES ALREADY, BY HAVING TWO AMNESTY DAYS WE WANT THE PUBLIC TO KNOW THAT WE ARE COMMITTED TO PROPERLY DISPOSING OF SOLID WASTE, TO THE HEALTH AND SAFETY OF COUNTY RESIDENTS, AND TO EDUCATE OUR RESIDENTS WHERE THEY CAN DUMP OLD TIRES IN BRAZOS COUNTY. THE EVENTS WILL BE HOSTED BY KEEP BRAZOS VALLEY BEAUTIFUL AND BRAZOS COUNTY COMMISSIONER PRECTINT 4. THERE WILL BE TWO COLLECTION DAYS FOR RESIDENTS, AND BOTH WILL OCCUR AT THE BRAZOS COUNTY EXPO CENTER, 5827 LEONARD ROAD, BRYAN TERAS 77803. THE TWO EVENTS WILL TAKE PLACE FALL 2018 AND SPRING 2019. DURING THESE TWO EVENTS EACH HOUSEHOLD WILL BE ALLOWED TO BRING UP TO FOUR PASSENGER VEHICLE TIRES PER EVENT TO THE BRAZOS COUNTY EXPO CENTER: WITH ADDITIONAL TIRES BEING ACCEPTED NEAR THE END OF THE EVENTS IF SPACES ON THE RENTAL TRAILER PERMIT. VOLUNTEERS AT THE EVENT WILL COLLECT DATA FOR BRAZOS COUNTY STAFF FROM CUSTOMERS IN A SURVEY DETAILING WHERE THE TIRES CAME FROM, HOW MANY TIRES THE RESIDENT BROUGHT, AND HOW THE RESIDENT HEART] OF THE EVENT. TO MAKE SURE THIS EVENT HELPS BRAZOS COUNTY PROOF OF RESIDENCY SUCH AS AUTILITY BILL OR DRIVER'S LICENSE WILL BE REQUIRED FOR SOMEONE TO DISPOSE TIRES AT THE EVENTS. THE BRAZOS COUNTY SHERIFF'S OFFICE WILL PROVIDE INMATES TO SORT AND LOAD TIRES INTO THE TRAILRS AS NEEDED BRAZOS COUNTY WILL ADVERTISE EACH EVENT AS FUNDS ALLOW. THIS PROJECT WILL BE MANAGED AND COORDINATED BY PERSONNEL FROM OFFICE OF IRMA CAULEY, BRAZOS COUNTY COMMISSIONER, PRECINCT 4. THE BRAZOS COUNTY SHERIFF'S OFFICE IS COLLABORATING ON EACH EVENT AND WILL PROVIDE MANPOWER TO LOAD AND STACK TIRES ON THE TRUCK BEDS. 28 Vd.� pg. %z CONTRACT AND AGREEMENT FOR SECURE, RESIDENTIAL, POST -ADJUDICATION TREATMENT SERVICES FOR ADJUDICATED JUVENILE OFFENDERS - SPACE AVAILABLE This Agreement is entered into by and between Brazos County ("Contracting County') and TrueCore Behavioral Solutions LLC, ("Service Provider') a Florida for-profit corporation, certified by the Brown County Juvenile Board under 451.125(a)(2), TEX FA. CODE, registered with the Texas Juvenile Justice Department, and in compliance with all applicable standards under Title 37 Texas Administrative Code, to provide child care services. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Brazos County with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement Facility to be utilized is leased and operated by Service Provider, and is located at 800 FM 3254, Brownwood, Texas 76001. The business office of Service Provider is 800 FM 3254, Brownwood, Texas 76001. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing October 1, 2018 and ending September 30, 2019. The agreement shall be eligible for automatic renewal annually on October 151 upon mutual agreement of both parties as long as sufficient funding is available for the program services. ARTICLE III SERVICES 3.01 Service Provider will provide the fallowing level of care services: Specialized mental health and substance abuse treatment services. Specialized level of care consists of a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the child's functioning. 3.02 Service Provider will also provide/perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts,:. transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Contracting County. S. Ensure that the child's parent(s) or legal guardian(s) and Contracting County are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately, if during working hours. After normal working hours, every effort will be made to notify Contracting County and the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall he responsible for having the child transported to the nearest hospital or emergency care facility. C. Provide to the Contracting County Department a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case Plan shall include measurement of progress towards goals in the Plan. The Individualized Treatment/Case Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how 2013.2 G45 TrueCore Behavioral Solutions LLC—Juvenile Residential Facility Services Page 1 of 10 the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. D. Initiate and document meetings to review the Individualized Treatment/Case Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. E. Maintain copies of the original Individualized Treatment/Case Plan and the periodic reviews. F. Provide the Contracting County Department with a written report of the child's progress at reasonable intervals, not to exceed ninety (90) days, or on a more frequent basis, as follows: at minimum on a monthly basis or as requested by the department. G. Document and maintain records pertaining to the number and type of investigations made by the Department of Family and Protective Services, the Department of Juvenile Justice, any law enforcement agency, or any other investigative agency. Such records shall be immediately made available to the Contracting County upon request, H. Any and all medical/psychiatric treatment and medication required to meet the needs of the child, as well as other pre -approved expenses not provided for in the Service Providers program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Contracting County; however, in no case shall a child be denied any needed medical/psychiatric treatment due to the inability to pay. I. Provide and document off -campus visits or furloughs upon request; however, the costs associated with off -campus visits or furloughs will be paid by the parent, guardian, or Contracting County. J In accordance with 429.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above-mentioned services, Contracting County agrees to pay the Service Provider the sum of $162.30 per day for each child, i.e., the daily rate, admitted under this Agreement. The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying procedures agreed upon by Service Provider and Contracting County. Payment is due within 30 days of receipt of billing. 4.02 Psychiatric services will be provided to the child on an as needed basis. The Contracting County shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 4.03 Service Provider will submit an invoice for payment of services to the Contracting County on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Contracting County in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Contracting County in a timely manner. 2013.2 345 TrueCore Behavioral Solutions LLC—Juvenile Residential Facility Services Page 2 of 10 vol. �/ pg. a� 4.04 Contracting County shall be responsible for all of the juvenile's medical expenses, including prescription medication. Contracting County may make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization and dental, for Post - Adjudication program juveniles, or can authorize in writing Service Provider to do so on behalf of Contracting County at Contracting County's expense. 'All non -emergency medical treatments, procedures, psychiatric visits, doctor's visits and medications must he pre -approved by contracting county. 4.05 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Contracting County. The Administrator shall notify Contracting County of outside Treatment within twenty-four (24) hours of its occurrence. 4.06 If during the course of residential treatment, the Contracting County determines that a part of the youth's treatment program should include time away from the residential setting of the Service Provider, such as weekends and holidays, prior to the completion of the youth's treatment and return home, and wishes that the youth return to the residential setting after a period away from the residential setting, the Contracting County shall request the Service Provider to retain space for the youth until his return. To this end, the Contracting County agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by the Contracting County. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. 4.07 The Service Provider is under no obligation to retain space for the juvenile in an unauthorized departure situation; however, in no event shall the Contracting County pay for the days when the juvenile was absent without authorization, but no space in the program was retained for such absent client(s) by the Service Provider. The County must be informed in writing if and for how long the Service Provider intends to retain space for such an absent client, and the County may decline in writing all or part of the period for which the Service Provider intends to retain the space. 4.08 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Contracting County under this contract. Service Provider shall account separately for state funds received and expended utilizing Generally Accepted Accounting Practices (GAAP). Upon request Service Provider will provide Contracting County with a copy of its most recent financial audit. 4.09 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.10 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 4.11 Service Provider agrees to make claims for payment or direct any payment disputes to Contracting County's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.12 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a 2013.2 G4STrueCure Behavioral Solutions LLC—Juvenile Residential Facility Services Page 3 of 10 VCA. �i PgsC mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONALTERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available, Placement of children by authorized officers of Contracting County may be denied, if space limitations require, as determined by the Facility. Service Provider will make every reasonable effort to place the child expeditiously. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Contracting County. Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in the program. 5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 5.04 If a child is accepted by the Facility from Contracting County and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the representative of the Contracting County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Contracting County to provide for the transportation for the removal of the child. 5.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 5.06 Except as provided in Section 5.04, it is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives either a written authorization from the Contracting County that placed the child, or and Order of Release signed by the Judge of the Juvenile Court of the Contracting County. 5.07 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Contracting County, its agents, servants, or employees in any way to manage control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. 5.08 Contracting County reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Contracting County without the express consent of an authorized agent of Contracting County. 5.09 Contract Prohibitions- A government entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Contracting County to examine and evaluate its program of services provided under the terms of this agreement periodically. This examination and evaluation of the 2013.2 G4STrueCore Behavioral Solutions LLC—Juvenile Residential Facility Services Page 4 of 10 E ` p9 _ 2_ l program may include site visitation, observation of programs in operation, interviews and the administration of questionnaires to the staff of Service Provider and the children, when deemed necessary. 6.02 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Contracting County any and all books, documents or other evidence pertaining to the direct costs and expenses of this Agreement. 6.03 Service Provider will keep a record of all services provided to Contracting County under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Contracting County. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.04 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children placed by Contracting County, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. 7.02 Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter 380, Subchapter G, Division 1, Rule §380.9909, relating to Access to Youth Information and Records. ARTICLE VIII DUTY TO REPORT 8.01 As required by §4261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child finduding but not limited to a juvenile that has been placed by Contracting County) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency; B.`Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 for if unable to complete the form within 24 hours, then by calling toll-free 1-877-786- 7263, followed by submitting the report within 24 hours of said call); and, C. Contracting County. ARTICLE IX DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Contracting County, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Contracting County: A. Any and all corrective action required by any of Service Provider's licensing authorities; 2013.2 G45 TrueCore Behavioral solutions LLC—Juvenile Residential Facility services Page 5 of 10 EV01--__­_1 B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and, F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history' shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE X EQUAL OPPORTUNIN 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations, including the Prison Rape Elimination Act of 2003, 42 U.S.C. 15601 et seq. 10.02 Service Provider agrees that it will not engage in any religious indoctrination or require any of the children placed with the Service Provider under this Agreement to participate in any religious activity. Service Provider further agrees that it will not impose any sanctions or deny any benefits to any children placed with the Service Provider under this Agreement solely on account of the child's religious beliefs or because the child does not participate in religious activities. Service Provider further agrees that it will not engage in any activity with respect to the children placed with the Service Provider under this Agreement that would constitute an establishment of religious or in any manner violate the rights of the children to religious freedom under the First Amendment of the United States Constitution. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer, employee or agent of Contracting County and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XII DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT 2013.2 G4STrueCcre Behavioral Solutions LLC—Juvenile Residential Facility Services Page 6 of 10 Vol. ' Pg. ��� 12.01 Contracting County may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, In any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIII TERMINATION 13.01 The term of this Contract shall be for a period of twelve months from the effective date; however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Contracting County's responsibility for payment of any amounts due and owing at the time of termination of the contract. Contracting County shall remove at its expense all children placed in the Facility on or before the termination date. 13.02 Service Provider shall cease to incur costs associated with this Agreement upon termination or receipt of written notice to terminate, whichever occurs first. 2013.2 G45TrueCore Be havioraI Solutions LLC—Juvenile Residential Facility Services Page 7 of 10 F ��l Pg. � %9 ARTICLE XIV WAIVER OF SUBROGATION 14.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Contracting County, Service Provider also waives any rights it may have to indemnification from Contracting County. ARTICLE XV 15.01.1 It is further agreed that Service Provider will indemnify and hold harmless Contracting County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract. Service Provider shall have no obligation to indemnify and hold harmless Contracting County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XVI SOVEREIGN IMMUNITY 16.01 This Agreement is expressly made subject to Contracting County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is In any way intended to constitute a waiver or any immunities from suit or from liability that the Contracting County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIf REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Contracting County or any political subdivision thereof; and, C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by ads or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Contracting County upon request. Furthermore, the Contracting County shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to Contracting County. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. E. The vendor or applicant certifies that the individual or business entity named in this agreement, bid or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 2013.2 G4S TrueCore Behavioral Solutions LLC—Juvenile Residential Facility Services Page 8 of 10 ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRISON RAPE ELIMINATION ACT 21.01 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)] 21.02 Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the Chief Juvenile Probation Officer, or designee, 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 301h [PREA §115.387(e) and (f)]. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Contracting County for the children placed in the Facility or in the Tele -Counseling Service Program by the Judge of the Contracting County having juvenile jurisdiction. Brazos County TrueCore Behavioral Solutions, LLC Probation Department Linda Ricketson Executive Director Regional Director 2013.2 G45 TrueCore Behavioral 56ndons LLC —Juvenile Residential Facility Services Page 9 of 10 va. ��/ Pg. moo/ EXECUTED I�N\ DUPLICATE, EACH OF WHICH SHALL HA WITN ER=eereEffixoursigr Duane Peters, County Judge, Juvenile Board Chairman, Brazos County Juvenile Board 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 VE T EFULL FORCE EFF(JJ� ECTe� F AN .ORIGINAL. IN day of /(' 2018. 2013.2 G45 TrueCore Behavioral Solutions LLC—Juvenile Residential Facility Services Page 10 of 10 IVOI. pg--JL�j i ; COMMISSIONER COURT MINUTES OF OCTOBER 9, 2018 ARE CONTINUED IN VOLUME 282 PAGE 1 VOE -ALL- _. Pg. COMMISSIONER COURT MINUTES OF OCTOBER 9, 2018 ARE CONTINUED FROM VOLUME 281 1 VI ol. _ °2 y= pg -7-L— Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 STATE OF TEXAS § CONTRACT NO JUV2019-41 FOR § RESIDENTIAL SERVICES COUNTY OF CAMERON § AMADOR R RODRIGUEZ JUVENILE BOOT CAMP & EDUCATIONAL CENTER Residential Services Term: September 1, 2018—August 31, 2019 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation") and the Cameron County Juvenile Justice Department, a governmental entity licensed to provide child care services by the Texas Juvenile Justice Department (collectively referred to as "Service Provider'). The Amador R. Rodriguez Juvenile Boot Camp and Educational Center has been duly certified as being suitable for the treatment and residential care of children. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide the Brazos County Juvenile Probation Department with residential care services for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 2330 W. Highway 77, San Benito, Texas 78586. The business office address of the Service Provider is P.O. Box 1690, San Benito Texas 78586. All notices to Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W SH 21, Bryan Texas 77803 to the Chief Juvenile Probation Officer. ARTICLE II TERM 2.01 The term of this Agreement is for a period of twelve (12) months, commencing September 1, 2018 and ending August 31, 2019. It shall be automatically renewed for one (1) year terms thereafter, unless one party notifies the other in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of the termination of the contract. After receipt of Notice of Termination, the placing County shall remove all children placed in the facility on or before the termination date. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by the Brazos County Juvenile Probation Department and are pending on the termination date in section 2.01 above, have been performed. Under this agreement, the Brazos County Juvenile Probation Department may refer male juveniles in need of secure residential placement for a period of one hundred eighty (180) successful days to the Amador R. Rodriguez Juvenile Boot Camp and Educational Center. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 A. Moderate Level 1. Involvement in age-appropriate structured activities and education and rehabilitation services and supervision and guidance that is more than routine in order to ensure the child's physical and emotional safety. Intervention from clinical professionals and appropriately trainedlcertified paraprofessionals is designed to maintain or improve functioning appropriate to the child's needs, age, and development. 2. Services reflect a range of treatment and rehabilitative interventions, including individual and family therapy, ongoing assessment, skills building, psychoeducational programming, individualized educational services, and social and recreational activities. 3. Treatment is based on individual assessment and is responsive to documented needs. May include focus on specialized populations, not limited to mental health, substance use, or sexual behavior treatment. 4. Appropriate youth include those who display one of more of the following: occasional physical aggression, frequent non-violent misbehavior, minor self -injurious acts, and/or moderate risk of harm to self or others. Youth requiring substance abuse treatment are those at risk of developing substantial problems without intervention or those with a history of substance abuse disorder requiring aftercare and relapse prevention. Youth requiring sexual behavior treatment include those with moderate treatment needs. B. Specialized Level 1. Includes involvement in age-appropriate structured activities and education and rehabilitation services and supervision and guidance that is highly structured and that provides 24-hour monitoring in order to ensure the child's physical and emotional safety. Intervention from professionals and appropriately trained/certified paraprofessionals is designed to attain or improve functioning appropriate to the child's needs, age, and development. 2. Services reflect a full range of treatment and rehabilitative interventions, including individual and family therapy, ongoing assessment, skills building, psychoeducational programming, individualized educational services, and social and recreational activities. 3. Treatment is based on individual assessment and is responsive to documented needs. Focus includes specialized populations, not limited to mental health, substance use, or sexual behavior treatment. Includes services for multiple or complex needs. 3.02 Service Provider will perform the following services: A. Service Provider agrees to provide a space, if available, at the time Juvenile Probation is requesting the space B. Provide twenty-four (24) hour per day, seven days a week room and board, to include all meals with basic residential services, including: standard supervision by qualified and certified adults, snacks, recreation facilities, allowances, haircuts, transportation, Texas Education Agency approved educational programming, school supplies, room (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent/legal guardian or custodian. Vol. a 8 pg. _.J Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 C. Ensure that the child's parent(s), legal guardian(s), or custodian(s) and Juvenile Probation, and specifically the JPO are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The JPO and parent/legal guardian or custodian will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parent/legal guardian or custodian. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. D. When requested by the Brazos County Juvenile Probation Department, the Service Provider shall make the child available for visitation and/or conference calls in order to conduct a Case Plan and subsequent monthly updates as needed. Service Provider shall participate in the Case Plan coordination as required by TJJD standard 343.688. E. Provide the JPO with a written report of the child's progress on a monthly basis in a Monthly Progress Report and upon discharge of the program, a written Discharge Summary shall be provided. F. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. G. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. H. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s), custodian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance, or Medicaid coverage. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the six (6) months fallowing release from residential placement. E a �.1 _ F9 Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018—August 31, 2019 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re -referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re -referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Providerfor programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its fiscal or designated official. In no event will the per diem rate exceed that specified for the Level of Care provided. For services rendered under this agreement, Juvenile Probation shall pay the sum of One Hundred Three Dollars and Three Cents ($103.03) per day per child for Moderate Care or One Hundred Forty -Five Dollars ($145.00) for Specialized Care for each juvenile for each day juveniles is placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation and/or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Moderate Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.03 Medical: In addition to the rate agreed upon between the two (2) parties, Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center Residential Program and to pay for emergency examinations, treatments, medications and/or hospitalizations in the event the child's medical insurance does not cover the cost. The Amador R. Rodriguez Juvenile Boot Camp and Educational Center Residential Program shall request authorization from Brazos County Juvenile Probation Department of any medical need or medical condition requiring care. If emergency examination, treatment and/or hospitalization outside the facility is required for a juvenile placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center Residential Program, the Facility Administrator or designee is authorized to secure such examination, treatment and/or hospitalization at the expense of Juvenile Probation. Juvenile Probation agrees to indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical examination, treatment and/or hospitalization. The Facility Administrator or designee shall notify Juvenile Probation and the parent/guardian or custodian of such an emergency immediately but no later than twenty-four (24) hours of its occurrence, 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. Payments shall be made within ten (10) working days after receipt. Payment shall be made to Cameron County Juvenile Justice Department, P.O. Box 1690, San Benito Texas 78586. The Service Provider may, at its discretion, or upon recommendation of the Cameron County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. 5.05 Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Social Security, medical insurance coverage, or contributions from parentilegal guardian or custodian or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is admitted into the program; the Service Provider will also invoice Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation, vol. oZ pg. �y Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018—August 31, 2019 5.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement, for which current revenue is not available, will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include periodic on-site visitation, observation of programs in operation, interview, and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available any and all information, records, papers, reports or other documents or evidence to an authorized representative of Juvenile Probation, the Comptroller General of the United States, the U.S. Department of Justice, the Texas Juvenile Justice Department or the State of Texas and/or their duly authorized representatives. 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of seven (7) years, or until any pending litigation, claim, audit or review, and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. 6.06 Service Provider will provide Certification of Eligibility to receive state funds as required by the Texas Family Code §231.006. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. Vol. a Pg. 7 Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 —August 31, 2019 ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers orcontractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form by email to abuseneglect tiid.texas.gov (or if unable to complete the form within 24 hours, then by calling toll-free 1- 877-786-7263, followed by submitting the reportwithin 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 Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979-823-4211, Attention: Chief Linda Ricketson. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toil -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6717 or by email; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979-823-4211, Attention: Chief Linda Ricketson. 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or Service Provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: Vol 1. Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 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 underjuvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a Juvenile Probation department. ARTICLE VIII -A PRISON RAPE ELIMINATION ACT 8-A.01 Service Provider shall adopt and comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provisions of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention and reporting of sexual assault in facilities housing adult and juvenile offenders [PREA §115.312 (a)]. Under PREA, Service Provider shall make available to the Chief JPO (CJPO) all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA§115.387(e) and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with PREA standards [PREA §115.312 (b)]. To comply with this standard the Service Provider will make available to the CJPO all incident- based aggregated sexual abuse data evithin 24 hours of the allegation. vol.moo? Pg. % Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§115.389(b)]. Service Provider will be subject to a Department of Justice PREA audit every three (3) years beginning August 20, 2013. Service Provider shall be solely responsible for paying for a PREA audit. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers, or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that FAST SCAN fingerprint -based searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed within two years prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010, 9.02 Service Providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Service Providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Brazos County Juvenile Probation Department with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; 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 10 Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 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, 9.06 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or ajuvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, It has verified and disclosed the foltoMng 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 fled against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; C. Any arrest or current criminal indictment of any employee, intern, volunteer, subcontractor, agent andlor consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and/or investigations of abuse, neglect, exploitation, death or other serious incidents involving a juvenile placed by Juvenile Probation in the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator, it Vol.�� pg. // Amador R, Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents andlor consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parent(s), legal guardian(s) or custodian(s). It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent(s), legal guardian(s) or custodian(s) on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with hislher personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and 12 V01. Pg- Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 — August 31, 2019 C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: 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 INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 13 Vol. Pg. /� Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 —August 31, 2019 ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carder to identify the Juvenile Probation as a certificate holder on its policy, and will add Juvenile Probation as additional insured on its policy; D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles 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 officesifacilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Cameron County, Texas, 20.02 Service Provider verifies that it does not boycott Israel and will not boycott Israel during the term of this agreement. The term "boycott Israel' is as defined by the Texas Government Code Section 2270.002, effective September 1, 2017. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Cameron County, Texas. 14 Vol - Pcg. Amador R. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018—August 31, 2019 ARTICLE XXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until hislher return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by Juvenile Probation, Furloughs will not be authorized by Service Provider except in only highly unusual situations and solely at the approval of Juvenile Probation. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation, 22.03 The child's parent(s), legal guardian(s) orcustodian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological, psychosocial or psychiatric evaluation. If the battery of tests included in the evaluation is older than one (1) year prior to admission, a clinical interview performed within one (1) year prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation's policies, and Texas Juvenile Justice Department standards pertinent to services provided under this Agreement. 22.10 Under §231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting, and auditing of such funds. 15 Vol. /�,, 9-�2 Pg. /,S AmadorR. Rodriguez Juvenile Boot Camp & Educational Center September 1, 2018 -August 31,2019 ARTICLE XXIII LEGAL CONSTRUCTION . 23.01 In case any one or more of the provisions contained in this Agreement shall for any reason.be held to be invalid,. illegal, or unenforceable in respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 This. Agreementconstitutes the sole and only Agreement of the parties hereto. and supersedes .any prior, understandings or written or oral Agreement between the parties respecting the within subject matter. ARTICLE XXV AMENDMENTS. 25.01 Juvenile Probation may, amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequentto the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these.changes. if Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. ON 1/l��Di7� ZLIL, FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. B OUNTY JUVENILE BOARD CAMERON COUNTY JUVENILE BOARD BY: By:..— . Honorable Duane Peters Honorable Janet Leal, Chairperson Brazos County Juvenile Board Cameron County Juvenile Board By: By.: Linda Ricketson Rose M. Gomez Chief Juvenile Probation Officer Chief Juvenile Probation Officer Cameron County Juvenile Justice Department By: David L. Tumlinson; iV Deputy Director (Contract Manager) Cameron.County Juvenile Justice Department 16 ' Vol. 09 //0 By: x i &n Duane Peters, ounty Judge Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Vol. Pg. _Z L.I.F.E. & B,R.A.V.E. Residential Program September 1, 2018 -August 31, 2019 STATE OF TEXAS § CONTRACT NO JUV2019-13 FOR § RESIDENTIAL SERVICES COUNTY OF CAMERON CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT Ladies Inspired For Excellence (L.I.F.E.) and Building Responsible Adults with Values and Education (B.R.A.V.E.) Residential Program Term: September 1, 2018 —August 31, 2019 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation") and the Cameron County Juvenile Justice Department a governmental entity licensed to provide child care services by the Texas Juvenile Justice Department (collectively referred to as "Service Provider"). The Ladies Inspired for Excellence and Building Responsible Adults with Values and Education Residential Program (L.I.F.E. & B.R.A.V.E.) has been duly certified as being suitable for the treatment and residential care of children. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide the Brazos County Juvenile Probation Department with residential care services for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 2310 W. Highway 77, San Benito, Texas 78586. The business office address of the Service Provider is P.O. Box 1690, San Benito Texas 78586. All notices to Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W Sh 21, Bryan Texas 77803 to the Chief Juvenile Probation Officer. ARTICLE II TERM 2.01 The term of this Agreement is for a period of twelve (12) months, commencing September 1, 2018 and ending August 31, 2019. It shall be automatically renewed for one year terms thereafter, unless one party notifies the other in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of the termination of the contract. After receipt of Notice of Termination, the placing County shall remove all children placed in the facility on or before the termination date. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by the Brazos County Juvenile Probation Department and are pending on the termination date in section 2.01 above, have been performed. Under this agreement, the Brazos County Juvenile Probation Department may refer female juveniles in need of secure residential placement for a period of one hundred fifty (150) successful days to the Ladies Inspired for Excellence (L.I.F.E.) and male juveniles in need of secure residential placement for a period of one hundred fifty (150) successful days to the Building Responsible Adults with Values and Education (B.R.A.V.E.). ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: Page 2 of 16 L.I.F.E. & B.R.A.V.E Residential Program September 1, 2018 - August 31, 2019 A. Moderate Level 1. Involvement in age-appropriate structured activities and education and rehabilitation services and supervision and guidance that is more than routine in order to ensure the child's physical and emotional safety. Intervention from clinical professionals and appropriately trained/certified paraprofessionals is designed to maintain or improve functioning appropriate to the child's needs, age, and development. 2. Services reflect a range of treatment and rehabilitative interventions, including individual and family therapy, ongoing assessment, skills building, psychoeducational programming, individualized educational services, and social and recreational activities. 3. Treatment is based on individual assessment and is responsive to documented needs. May include focus on specialized populations, not limited to mental health, substance use, or sexual behavior treatment. 4, Appropriate youth include those who display one of more of the following: occasional physical aggression, frequent non-violent misbehavior, minor self -injurious acts, and/or moderate risk of harm to self or others. Youth requiring substance abuse treatment are those at risk of developing substantial problems without intervention or those with a history of substance abuse disorder requiring aftercare and relapse prevention. Youth requiring sexual behavior treatment include those with moderate treatment needs. B. Specialized Level 1. Includes involvement in age-appropriate structured activities and education and rehabilitation services and supervision and guidance that is highly structured and that provides 24-hour monitoring in order to ensure the child's physical and emotional safety. Intervention from professionals and appropriately trained/certified paraprofessionals is designed to attain or improve functioning appropriate to the child's needs, age, and development. 2. Services reflect a full range of treatment and rehabilitative interventions, including individual and family therapy, ongoing assessment, skills building, psychoeducational programming, individualized educational services, and social and recreational activities. 3. Treatment is based on individual assessment and is responsive to documented needs. Focus includes specialized populations, not limited to mental health, substance use, or sexual behavior treatment. Includes services for multiple or complex needs. 3.02 Service Provider will perform the following services: A. Service Provider agrees to provide a space, if available, at the time Juvenile Probation is requesting the space. B. Provide twenty-four (24) hour per day, seven days a week room and board, to include all meals with basic residential services, including: standard supervision by qualified and certified adults, snacks, recreation facilities, allowances, haircuts, transportation, Texas Education Agency approved educational programming, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent/legal guardian or custodian. C. Ensure that the child's parent(s), legal guardian(s) or custodian(s), and Juvenile Probation, and specifically the Juvenile Probation Officer (JPO) are notified if a child in placement makes an unauthorized departure, becomes Page 3 of 16 vol. Pg. % ULF.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 seriously ill, or is involved in a serious accident. The JPO and parenf/legal guardian or custodian will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center or designated Juvenile Probation official will be notified as well as the parent/legal guardian or custodian. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. D. When requested by the Brazos County Juvenile Probation Department, the Service Provider shall make the child available for visitation and/or conference calls in order to conduct a Case Plan and subsequent monthly updates as needed. Service Provider shall participate in the Case Plan coordination as required by TJJD standard 343.688. E. Provide the JPO with a written report of the child's progress on a monthly basis in a Monthly Progress Report and upon discharge of the program, a written Discharge Summary shall be provided. F. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. G. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Texas Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. H. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), legal guardian(s), custodian or court ordered appointed conservator, to be paid by either personal payment or health insurance. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the four (4) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. Page 4 of 16 Vol. � "��6-1 L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re -referrals of children discharged from placements within four (4) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re -referrals within four (4) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its fiscal or designated official. In no event will the per diem rate exceed that specified for the Level of Care provided. For services rendered under this agreement, Juvenile Probation shall pay the sum of One Hundred Three Dollars and Three Cents ($103.03) per day per child for Moderate Care or One Hundred Forty -Five Dollars ($145.00) for Specialized Care for each juvenile for each day juvenile is placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation and/or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down Page 5 of 16 Vol. X02 pg. oZ / L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 -August 31, 2019 was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Moderate Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate In these efforts. 5.03 Medical: In addition to the rate agreed upon between the two (2) parties, Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the L.I.F.E. & B,R.A.V.E. Residential Program and to pay for emergency examinations, treatments, medications and/or hospitalizations in the event the child's medical insurance does not cover the cost. The L.I.F.E. & B.RA.V,E. Residential Program shall request authorization from Brazos County Juvenile Probation Department of any medical need or medical condition requiring care. If emergency examination, treatment and/or hospitalization outside the facility is required for a juvenile placed at the L.I.F.E. & B.R.A.V.E. Residential Program, the Facility Administrator or designee is authorized to secure such examination, treatment and/or hospitalization at the expense of Juvenile Probation. Juvenile Probation agrees to indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical examination, treatment andlor hospitalization. The Facility Administrator or designee shall notify Juvenile Probation and the parent/guardian or custodian of such an emergency immediately but no later than twenty-four (24) hours of its occurrence. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in orderto monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. Payments shall be made within ten (10) working days after receipt. Payment shall be made to Cameron County Juvenile Justice Department, P.O. Box 1690, San Benito Texas 78586. The Service Provider may, at its discretion, or upon recommendation of the Cameron County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. 5.05 Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Social Security, medical insurance coverage, or contributions from parent/legal guardian or custodian or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will begin to invoice Juvenile Probation on the day the child is admitted into the program; the Service Provider will also invoice Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation. Service Provider will not contact other department employees regarding any claims of payment. Page 6 of 16 L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement, for which current revenue is not available, will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include periodic on-site visitation, observation of programs in operation, interview, and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available any and all information, records, papers, reports or other documents or evidence to an authorized representative of Juvenile Probation, the Comptroller General of the United States, the U.S. Department of Justice, the Texas Juvenile Justice Department or the State of Texas and/or their duly authorized representatives. 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of seven (7) years, or until any pending litigation, claim, audit or review, and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. 6.06 Service Provider will provide Certification of Eligibility to receive state funds as required by the Texas Family Code §231.006. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, intems, Page 7 of 16 Vol. J , p9 3 L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 volunteers orcontractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form by email to abuseneglectno tiid.texas.gov (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 incidentshall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979-823.4211, Attention: Chief Linda Ricketson. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by email to abusenegelct( tiid.texas.gov and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979-823.4211, Attention: Chief Linda Ricketson. 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or Service Provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261, 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault, or youth sexual conduct. Page 8 of 16 pg. L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 -August 31, 2019 C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect, or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic, or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a Juvenile Probation department. ARTICLE VIII -A PRISON RAPE ELIMINATION ACT 8-A.01 Service Provider shall adopt and comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provisions of services described herein and the performance of all obligations undertaken pursuantto this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention and reporting of sexual assault in facilities housing adult and juvenile offenders [PREA §115.312 (a)], Under PREA, Service Provider shall make available to the Chief JPO (CJPO) all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA§115.387(e) and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with PREA standards [PREA §115.312 (b)j. To comply with this standard the Service Provider will make available to the CJPO all incident- based aggregated sexual abuse data within 24 hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§115.389(b)]. Service Provider will be subject to a Department of Justice PREA audit every three (3) years beginning August 20, 2013. Service Provider shall be solely responsible for paying for a PREA audit. Page 9 of 16 FV -----7 LJ.F.E. & B.R.A.V.E. Residential Program September 1, 2018 -August 31, 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 juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that FAST SCAN fingerprint -based searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed within two years prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010. 9.02 Service Providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Service Providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Brazos County Juvenile Probation Department with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safely website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review, and all questions arising therefrom have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; 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; Page 10 of 16 Vol. P✓ -� L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 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. 9.06 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; C. Any arrest or current criminal indictment of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and/or investigations of abuse, neglect, exploitation, death or other serious incidents involving a juvenile placed by Juvenile Probation in the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator; F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing Page I 1 of 16 L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 employee, intern, volunteer, subcontractor, agent andlor consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parentsiguardians or custodians. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parenblegal guardian or custodian on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Providers ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. Page 12 of 16 Evol. � 8 a. Pg. _�� L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: 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 INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas, Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory Page 13 of 16 F l. p9. 1) % L.I.F.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carrier to identify Juvenile Probation as a certificate holder on its policy, and will add the Brazos County Juvenile Probation Department Juvenile Board as additional insured on its policy; D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post in ail public and staff areas of any and all of its off ceslfacilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Cameron County, Texas, 20.02 Service Provider verifies that it does not boycott Israel and will not boycott Israel during the term of this agreement. The term "boycott Israel" is as defined by the Texas Government Code Section 2270.002, effective September 1, 2017. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Cameron County, Texas. ARTICLE XXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized by Service Provider except in only highly unusual situations and solely at the Page 14 of 16 Vol. L.LF.E. & B.R.A.V.E. Residential Program September 1, 2018 - August 31, 2019 approval of Juvenile Probation. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 22.03 The child's parent/legal guardian or custodian shall bear the primary responsibility for payment of any medical or dental needs, by personal payment or health insurance as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological, psychosocial or psychiatric evaluation. If the battery of tests included in the evaluation is older than one (1) year prior to admission, a clinical interview performed within one (1) year prior to admission shall be submitted with an updated diagnosis and prognosis. 22,08 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation's Policies, and Texas Juvenile Justice Department standards pertinent to services provided under this Agreement. 22.10 Under §231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting, and auditing of such funds. ARTICLE XXIII LEGAL CONSTRUCTION 23.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. Page 15 of 16 Vol. r�z _ Pf. �� L.I.F.E. 8 B.R.A.V.E. Residential Program September 1, 2018 - August 31., 2019 .. ARTICLE XXV AMENDMENTS.. 25.01. Juvenile Probation may amend, modify or alter the terms.of this. Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes . and their effective date. Continuation. of services after the effective date by Service Provider will signify its. acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, . Service Provider may terminate this Agreement subject to the conditions herein. ONL-e( : , 20 10 , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL. FORCE AND EFFECT OF AN ORIGINAL. . BRAZOS C NTY JUVENILE BOARD CAMERONCOUNTY JUVENILE BOARD ... . By:: By. Honorable Duane Peters :, . Honorable Janet Leal, Chairperson Brazos County Juvenile Board Cameron County Juvenile Board By: By; Linda Ricketson . Rose. M. Gomez Chief Juvenile. Probation Officer Chief Juvenile Probation Officer. Cameron County Juvenile Justice Department. By: David L. Tumlinson, IV Deputy Director (Contract Manager) Cameron County Juvenile Justice Department Page 16 of 16 Vol. P;a. I By: Duane Peters, County Judge Brazos County 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Vol. fie? pg. 1. -- Tabulation Bid 419-028 Cutback Asphalts December 1, 2018 through November 30, 2019 Recommended Award Cleveland Asphalts Appro n n .62'u rt on this q+� day ofOSI U ✓� -.-'2018 by holding the position of �'i OW hl /J , 2" Ut N-47,0sl i'LtA J C, Cleveland Asphalts Item p Description quantity Price per Gallaon Extended Price 1 RC250 Rapid Curing Cutback 12,000 $3.37 $40,440.00 Asphalt Gallons 2 Free Time: First 2 hours free 3 Specific charges per hour for , 580.00/hr demurrage 4 Minimum delivery a 5000 Gallons/ call for smaller quantities 5 Loacation of Plant ,.; � 100 Asphalt Lane, Shepherd, TX 77371 Coptact Person/Phone k for- E ad 1-800-334-0177; Clayton or Craig Moore Plant 3.1 miles north of Shepherd on US59 North, Shepherd, 1 7 1 Directions to Plant TX 77371 Number of owned Trucks to be<., 8 No Bid used for contract tI?': Size of trucks to be used for ';P11 9 x Bid contract .A I� 1 10 Any agreements in place to No Bid 1111perform work? Notes and Exceptions Recommended Award Cleveland Asphalts Appro n n .62'u rt on this q+� day ofOSI U ✓� -.-'2018 by holding the position of �'i OW hl /J , 2" Ut N-47,0sl i'LtA J C, Prepared for: Mr. Gary Arnold Brazos County 2617 W. Highway 21 Bryan, Texas 77803 979.822.2127 garnold@brazoscountytx.gov vo,. _��� Pr , Submitted Date: 8/22/2018 Valid Through: 11/22/2018 PROJECT DESCRIPTION Based on site visit dated 8/2/2018. PROJECT SCOPE ✓ Coordinate existing public infrastructure documentation ✓ Layout, analyze, and design of proposed road and drainage ✓ Design necessary grading ✓ Coordinate and obtain necessary permits ✓ Provide necessary Engineer's opinion of probable construction cos! ✓ Provide ROW need determination ✓ Coordinate with Frontier on existing line on east side of project ✓ Provide proper site distance or striping and signage for ✓ Design for gully on east side of road and steep grade on west side YOUR MCJJklaBB ErBEDS e 1778-15 Asphaltroodway (1-P) 12 Foot lanes with 2'shoulders —'4 Foot wide gravel road with asphalt apron Concrete apron past transfer facility Extreme heavy traffic concerns to transfer facility Existing 24 foot wide gravel road Proposed improvements are to fit in the existing ROW X Topographic or boundary surveying, existing utility location, geotechnical recommendations ADA/TAS compliance review and additional permitting X (e.g TcDOT, Armv Corp of Engineers, I CEQ. EPA...) and ADA accesibility review coordination (can be provided under separate contract X FEMA Floodplain modeling and mitigation of the site due to flood hazard conditions X Mechanical, electrical. of plumbing design X Easements by separate instrument of abandonment (can be provided under separate contract) X Utility Design X Traffic impact analysis and studies X N01/NOT filing with TCEQ and City (requirement of contractor) CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING C PROJECT APPROACH Client Responsibilities -,' Gessner r7 f; Engineering Design Steps In order to begin design, we will need you to provide us with the following: 1. Topographic Survey 2. ROW Survey 3. Geolechnical investigation report �.. �. iE 1. tiJ 't is consistent with your needs. Review fees and billing terms. I his is the first phase of design, as some concept for the design is considered during proposal preparation. This is a crucial first step for your project. Without authorization, we cannot move forward. PROJECTSETUP Gessner Engineering uses a project based management and accounting system. Your project is entered into the system and assigned to the project manager and primary design engineer, INITIAL SETUP PHASE {R $ The design team will meet to discuss project management plan and project reconnaissance. We will research public and franchise utilities and obtain record drawings as well as research permitting requirements. Review PER and provide r'1yL� u,i.Ls comments �: tt' PRELIMINARY ENGINEERING REPORT(PER) The design team will meet to discuss project concept options and obstacles then schedule and hold a kick off meeting with the client to propose a design based on available data as well as provide scope of street, and drainage improvements. Next the team will submit a final PER for review. CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING Vol. 2 pg. 3 PROJECT APPROACH (Continued from previous page) Provide necessary coordination information, review 3001 design package and provide 30 /DESIGN PHASE comments. The learn will review the survey linework and topographic surface and prepare conceptual street and drainage layouts. We will also perform a preliminary hydrologic and hydraulic analysis and submit preliminary Provide necessary } plans, specification table of contents, and a preliminary Engineer's coordination information,-;4:,iy_ss,.y^Opinion of Probable Construction Cost for approval. review 60% design package and provide comments. Anychan es'`" # ° Y g 60 /°DESIGN PHASE made after this phase will result in additional design 9 .�✓' Here we address comments from 30% review. finalize infrastructure fees design for streets, grading, drainage. including necessary modeling, prepare and submit 60% design package Provide necessary > A' coordination coordination information. yL review 90% design `r package and provide �.;;), 90°/ DESIGN PHASE comments, We will prepare final construction documents, including necessary plans and specifications then prepare and submit 90% design package. RMITTINGPHASE Here we will submit 90% Plans to Authorities Having Jurisdiction (AHJ), make necessary revisions for permit approval, and obtain necessary permits. /Y YL 100% DESIGN PHASE Ourteam will produce 100% design plans, finalize any necessary permitting, and submit final plans. CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 4 VD(. a a Pg. �� PROJECT APPROACH (Continued from previous page) Prepare bid documents, conduct bid process, select and contract with selected contractor. Consultation on V -E proposals may result in additional design fees. Interact with and manage contractor. pay contractor, approve any necessary change orders, accept project at completion. Notify your Project Manager24 hours in advance when you need inspections. n�'I �tI�PI�T °I DELIVERABLES Once the Construction Documents Phase is complete, you will receive deliverables in the form of construction documents. Your construction documents will include: Plans Specifications Engineer's Opinion of Probable Construction Cost Bid Tabulation form Supplementary Conditions BIDDING & NEGOTIATION PHASE We will respond to questions and RFIs, provide addenda as necessary. and provide evaluation of contractors. �t� v F CONSTRUCTION ADMINISTRATION PHASE L. The design may be done, but we stay with the project and make sure that it is properly implemented. This can include answering contractor questions (RFPs), reviewing submittals, reviewing applications for payment, reviewing any necessary changes, providing site visits during construction, and conducting a final walk-through to create a punchlist. Note that our budget for this phase is based on an anticipated amount of interaction: however, some projects or contractors may require increased involvement. Our time in this phase is limited by the budget and may not necessarily include all of the planned activities. We can provide additional services it required beyond the budget, as defined in this agreement. CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING Vol. �2 P-2 pg. AL1_ I i YOUR PROJECT TEAM Note: These are primary team members. This team may change based on workload and time of acceptance. SEAN RAY, P.E. PROJECT ROLE Project (Manager EDUCATION Bachelor of Science in Civil Engineering, Texas A&M University, Cum Laude FAVORITE PROJECT RELLIS Campus Infrastructure PEDRO RICO, E.I.T. PROJECT ROLE Project Engineer EDUCATION Bachelor of Science in Civil Engineering. Texas A&M University FAVORITE PROJECT Texas Transportation Instituie JUAN CORRO, M.E., E.17, I PROJECT ROLE Project Engineer EDUCATION Bachelor of Science in Civil Engineering. Texas A&M University. Master of Engineering in Construction Engineering and Management. Teras A&M University FAVORITE PROJECT Arrington Road Reconstruction OUR TEAM, BY THE NUMBERS One of the benefits to having Gessner Engineering on your team is our ability to involve the depth of our teams should your project require additional support. 17 22 5 7 23 Civil Structural Geotechnical Land Surveying GMT CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING Vol. 01 �� Pg - 0 g_ 5 WHAT GESSNER ENGINEERING BRINGS TO YOUR PROJECT Evolution The biggest constant at Gessner Engineering is our willingness and ability to change. We will continue to change and evolve to improve quality, efficiency, and the client experience. Design A focus on design is present in all of our work, our ftnm output, marketing materials, and project approach_ Good design is logical and efficient, integrated with use and other disciplines, and aesthetically pleasing. Collective ii'ork Effoi,t It is our goal to hire and develop the best available talent for all positions at Gessner. While employees are specialized and trained in specific areas. our employees, when it is necessary, are willing to assist in whatever capacity is necessary for the betterment of the firm, our clients and their projects. This willingness to help is not dependent on title or pay. It applies to everyone in the firm, and brings Value to our clients and their projects. ill cover, the spectrum. We provide additional value when we are engaged in multiple services. If you are in need of any of the following services in addition to those we are currently providing, please contact us at 1-877-GESSNER or proposals@gessnerengineering.com. ' WIC CIVIL n Zvi d* 04"'A att y{ GEOTECHNICAL v`# l STRUCTURAL � yr+ CERTIFICATIONS ,��.c ti<.etu JN' . SBE WNIUBi e WBE acf w....».,,. . �...w... HM... 'e A A S H I O CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING EVol. 9-� Pg. -ell n w$g" LAND SURVEYING v CMT liX - N .y dr ,��.c ti<.etu JN' . SBE WNIUBi e WBE acf w....».,,. . �...w... HM... 'e A A S H I O CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING EVol. 9-� Pg. -ell PROJECT FEES � i [! ♦ iaC_"Y F 4 5.q 4 �,f.1y �' E.c._�'c .:.: M�Y . Initial Setup Phase 54,770 Preliminary Engineering Report 54,770 30% Design Phase $14,310 60% Design Phase 519,080 90% Design Phase $14,310 Permitting Phase $4,770 1000A Design Phase $9,540 Bidding and Negotiation Phase $4,770 Construction Administration Phase $19,080 TOTAL $95,400 BILLING TERMS & AUTHORIZATION Invoicing will take place monthly or at completion of a phase. Monthly billing may include partial billing of a particular phase, as determined by review of the percent complete for that phase. Should the scope of project change after the design development phase, additional services will be charged based on the time required for revisions according to hourly rates. Total fee amount will be invoiced and is for the complete services to be provided per the above scope. Gessner Engineering, LLC reserves the right to internally reallocate fee amounts to the various project phases, as necessary, based on the necessary time to complete the work. The number of site visits and inspections noted is a maximum number. If the project is abandoned prior to completion of the design, the fee shall be due the date the project is abandoned and shall be based upon the percentage of services performed. All conditions per established Brazos County Engineering Professional Services Contract.. Civil Engineering and Drainage. CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 8 Vol. --- - P BILLING TERMS & AUTHORIZATION By signing your name to this sheet, you authorize Gessner Engineermn to proceed with our services and acknowledge your agreement to the attached terms.. Upon signing, you also agree that you will be the responsible party and will be billed directly as the Client, If you are requesting this proposal on behalf ofsomeone else, please note this page must be signed by the party responsible for payment. Please indicate your acceptance by signing below. Reiurr receipt of tuts proposal snail provide ellihorization for Gessner Engineering to proceed yr ith our services. RESPONSIBLE PARTY Nameo Billing Address I` �f W( A/) Ty 1 0 Cry, staff , zip ) �1 3bI-'� IOZ lel es�brQ un j .��f Phone Email 1 Iq i �I j�Client 15h nnaturrreee �p'MtYi1���pyYrf, r✓k.'L ,. Gessner Engineering Representative (Signature) lti-G 1 1S l:`{J1;..41 JohannaGessner. CEO Printed Name and Title J Printed Name and Title I dC'neck it Purchase Order required ; Prepared by (Signature) Katelyn Jumper, Proposal Coordinator Printed Name and Title CIVIL STRUCTURAL GEOTECHNICAL LAND 5URVE'IING C045TRU^_TION MATERIALS TESTING Vol. _ Pg GESSNER Prepared for: Mr. Gary Arnold Brazos County 2617 W. Highway 21 Bryan, Texas 77803 979.822.2127 garnold@brazoscountytx.gov 9�a�',/19 Vol. P9• Submitted Date: 8/22/2018 Valid Through: 11/22/2018 PROJECT DESCRIPTION Based on site visit dated 8/22018. PROJECT SCOPE ✓ Coordinate existing public infrastructure documentation ✓ Layout, analyze, and design of proposed road and drainage ✓ Design necessary grading ✓ Coordinate and obtain necessary permits ✓ Provide necessary Engineer's opinion of probable construction cost ✓ Provide R0101 need delerminalion ✓ Coordinate with Frontier on existing line on east side of project ✓ Provide proper site distance or striping and signage for ✓ Design for gully on east side of road and steep grade on west side 11?85 Asphalt roadway (LF) 12 •.t lanes with 2'shoulders A'� I TI O N A LAN DT ES [ O R; U N I Q U E P_ R OJ EGTe F. EAT U R ES Existing 18 foot wide gravel road Existing 30 foot wide ROW Substantial ROW grade differences X Topographic or boundary surveying, existing utility location, geotechnical recommendations ADA/TAS compliance review and additional permitting X (e.g TcDOT, Arm," of Engineers. TCEQ. EPA...) and ADA accesibility review coordination (can be provided under separate contract X FEMA Floodplain modeling and mitigation of the site due to flood hazard conditions X Mechanical, electrical, or plumbing design X Easements by separate instrument of abandonment (can be provided under separate contract) X Utility Design X Traffic impact analysis and studies X NOUNOF filing with TCEQ and City (requirement of contractor) 4Jl �Cia- ) : 1, (•I f411n l CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING Vol. C� f.Z p9. c{,5 2 PROJECT APPROACH Client Responsibilities P Gessner Engineering Design Steps In order to begin design. we will need you to provide us with the following: 1. Topographic Survey 2. ROW Survey 3. Geotechnical Investigation Report Provide necessary coordination information, review 30% design package and provide comments, '%*fl 51,Edt. LNCirl E=Notre it is consistent with your needs. Review fees and billing terms. This is the first phase of design, as some concept for the design is considered during proposal preparation. This is a crucial first step for your project. Without authorization. we cannot move forward. PROJECTSETUP Gessner Engineering uses a project based management and accounting system. Your project is entered into the system and assigned to the project manager and primary design engineer. �s kt � ii�si kx FnY'`f INITIAL SETUP PHASE l� 5. The design team will meet to discuss project management plan and project reconnaissance. We will research public and franchise utilities and obtain record drawings as well as research permitting requirements. 30% DESIGN PHASE a,v The team will review the survey linework and topographic surface and prepare conceptual street and drainage layouts. We will also perform a preliminary hydrologic and hydraulic analysis and submit preliminary plans, specification table of contents, and a preliminary Engineer's Opinion of Probable Construction Cost for approval. CIVIL STRUCTURAL GEOTECHNICAL LANG SURVEYING CONSTRUCTION MATERIALS TESTING vol. 12 Pg. �� PROJECT APPROACH (Continued from previous page) 6 Provide necessary, coordination review22 % desormation, etAk'',aif package and provide{„ comments. Any changes 60%DESIGN PHASE made after this phase will result in additional design" Here we address comments from 30% review, finalize infrastructure fees design for streets, grading, drainage, including necessary modeling, prepare and submit 60% design package Provide necessary coordination information, review 90%design package and provide ,90% DESIGN PHASE comments. •: - We will prepare final construction documents, including necessary plans and specifications then prepare and submit 90% design package. a, �kwt PERMITTING PHASE v Here we will submil90% plans toAuthorities Having Jurisdiction (AHJ). make necessary revisions for permit approval, and obtain necessary permits. 100%DESIGN PHASE Our tea IT wi11 prod Lice 100% design plans, finalize any necessary permitting and submit final plans. 1 er. l' CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 4 Vol. Pg. �7 1 i PROJECT APPROACH (Continued from previous page) Prepare bid documents, conduct bid process, select and contract with selected contractor. Consultation on V -E proposals may result in additional design fees. Interact with and manage contractor, pay contractor, approve any necessary change orders, accept project at completion. Notify your Project Manager 24 hours in advance when you need inspections. i;T. S?d£ c+. Cfr75:`,,;4 . .:{ 5. ` *I�}rye. tLEtti x�t•i�' 1 I r;rL4 DELIVERABLES r.. Once the Construction Documents Phase is complete, you will receive deliverables in the form of construction documents. Your construction documents will include: Plans Specifications Engineer's Opinion of Probable Construction Cost Bid fabulation Form Supplementary Conditions BIDDING & NEGOTIATION PHASE We will respond to questions and RFIs, provide addenda as necessary, and provide evaluation of contractors. _`":�•1 CONSTRUCTIONADMINISTRATION PHASE "'•a�'• ' The design may be done, but we stay with the project and make sure that it is properly implemented. This can include answering contractor questions (RFI's), reviewing submittals, reviewing applications for payment, reviewing any necessary changes, providing site visits during construction, and conducting a final walk-through to create a punchlist. Note that our budget for this phase is based on an anticipated amount of interaction; however, some projects or contractors may require increased involvement. Our time in this phase is limited by the budget and may not necessarily include all of the planned activities. We can provide additional services if required beyond the budget, as defined in this agreement. CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING vol. a e� Q9. -- YOUR PROJECT TEAM Note: These are primary team members. This team may change based on workload and time of acceptance. SEAN RAY, P.E. PROJECT ROLE Project Manager EDUCATION Bachelor of Science in Civil Engineering, Texas A&M University. Cum Laude FAVORITE PROJECT RELLIS Campus Infrastructure PEDRO RICO, E.I.T. PROJECT ROLE Project Engineer EDUCATION Bachelor of Science in Civil Engineering. Texas A&M University FAVORITE PROJECT Texas Transportation Institute JUAN CORRO, M.E., E.17, LEED PROJECT ROLE Project Engineer EDUCATION Bachelor of Science in Civil Engineering, Texas A&M University, Master of Engineering in Construction Engineering and Management. Texas A&M University FAVORITE PROJECT Arrington Road Reconstruction OUR TEAM, BY THE NUMBERS One of the benefits to having Gessner Engineering on your team is our ability to involve Elie depth of our teams should your project require additional support. 17 Civil 22 y 7 '3 Structural Geotechnical Land Surveying CMT CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING rt WHAT GESSNER ENGINEERING BRINGS TO YOUR PROJECT Evolution The biggest constant at Gessner Engineering is our willingness and ability to change. We will continue to change and evolve to improve quality, efficiency, and the client experience. Design A locus on design is present in all of our work. our firm output, marketing materials and project approach. Good design is logical and efficient. integrated with use and other disciplines, and aesthetically pleasing. Collective IlVork Effor•1 It is our goal to hire and develop the best available talent for all positions at Gessner. While employees are specialized and trained in specific areas, our employees, when it is necessary, are willing to assist in whatever capacity is necessary for the betterment of the firm, our clients and their projects. This willingness to help is not dependent on title or pay. It applies to everyone in the firm, and brings value to our clients and their projects. lVe cover the Spechvrn. We provide additional value when we are engaged in multiple services. If you are in need of any of the following services in addition to those we are currently providing, please contact us at 1-877-GESSNER or proposaIs@gessnerengineering.com. CERTIFICATIONS .I 4 r CIVIL ,' , Yt 1 1 'F"•�� GEOTECHNICAL sr CMT CERTIFICATIONS .I 4 ,' d aS Yt 1 1 'F"•�� GEOTECHNICAL sr CMT v STRUCTURAL Q Y Erin ; 'SBE a o o r.NrIFIC� n n o a w. • CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING hVOL ._ 02 �1 Pg.'50 4 LANDSURVEYING s dl3t �t sr CMT v A.: Erin ; 'SBE a o o r.NrIFIC� n n o a w. • CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING hVOL ._ 02 �1 Pg.'50 PROJECT FEES Initial Setup Phase 54,420 30% Design Phase 517680 60% Design Phase $22,100 90% Design Phase 513,260 100% Design Phase 58,840 Bidding and Negotiation Phase $4,420 Construction Administration Phase 517,680 TOTAL $88,400 BILLING TERMS & AUTHORIZATION Invoicing will take place monthly or at completion of a phase. Monthly billing may include partial billing of a particular phase, as determined by review of the percent complete for that phase. Should the scope of project change after the design development phase, additional services will be charged based on the tirne required for revisions according to hourly rates. Total fee amount will be invoiced and is for the complete services to be provided per the above scope. Gessner Engineering, LLC reserves the right to internally reallocate fee amounts to the various project phases, as necessary, based on the necessary time to complete thework. The number of site visits and inspections noted is a maximum number. If the project is abandoned prior to completion of the design, the fee shall be due the date the project is abandoned and shall be based upon the percentage of services performed. All conditions per established Brazos County Fngineering Professional Services Contract, Civil Engineering and Drainage. CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 8 Vol. a Y,2 pg. g ,L I BILLING TERMS & AUTHORIZATION By signing your name to this sheet. you authorize Gessner Engineering to proceed with our services and acknowledge your agreement to the attached terms- Upon signing, you also agree that you will be the responsible party and will be billed directly as the Client. If you are requesting this proposal on behalf of someone else. please note this page must be signed by the party responsible for payment. Please indicate your acceptance by signing Belo;;. Return receipt of this proposal shall provide authorizationror Gessner ngineennn to proceed r:ith our services. RESPONSIBLE PARTY k(l?k -5 O ouAl !ame Billin Address w1' oi-41UZ .�iQmsL0JL�W5'0ouwt� PhoneEmai� jC�lie+n't/(Signature)1D rt P((, j„ Gessner Engineering Representative (Signature) w t (A 2011 (!4' U /7 'h4 Johanna Gessner, CEO Printed Name and Tide Printed Name and Title dCheck ii Purchase Order required Prepared by (Sienature) Katelyn JLunper, Proposal Coordinator Printed Name and Tide CIVIL STRUCTURAL GEOTECHt11CAL LAHO SURVEYING CONSTRUCTION MATERIALS TEs"rING Vol. 10/4/2018 DEPARTMENT: Road and Bridge DATE OF COURT MEETING: 10/9/2018 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Item Coversheet BRAZOS COUNTY BRYAN,TEXAS NUMBER: T CC 2018 - Utility Permit - Frontier Communications - Schehin Road - Install 300 feet of 25 pair cabl Consider and take action on the Frontier Communications utility permit to install 300 feet of 25 pair cable near the right of way line on Schehin Road located 0.7 mile southwest of FM 2154. Site is located in Precinct 1. Commissioners Court Darrell Kolwes 10/03/2018 False False $0.00 Description Type Utility Permit -Frontier Communications - Utility Permit- Frontier Communications-SchehinRoad- Schehin Road - Install 300 feet of 25 pair cable. Backup Material Install 300 feet of 25 pair cable.pdf AP O D U r 10cla018 u Peters Date County Judge https://brazos.novusagenda.com/AgandaWeb/CoverSheet.aspx?ltemiD=17983 Vol. O C2 Pg 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. S. 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 Reouiremerrts I. 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; vol. C7 pg. b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. 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 1' 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 ijthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; [V(I- Pg. �. 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 S 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. £ no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of die 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 ribber 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. Emereenct, 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. �;ZZ2—pg. G � 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. R 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 pfutilities I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any porion 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 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvpe 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. 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J J 3c TCP(2-1)-12 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Frontier Communications [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to nansact business in Texas, acting by and through its duty authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Beginning at the east end of the property line of 5162 Schehin Road and going west for approximately 300 feet, Frontier Communications will bore and place 300 feet of 24 guage 25 pair copper cable in the county right of way next to the property line. This copper cable will be placed a minimum depth of 36 inches. Pedestals will be placed at each end of this new sectio of cable. One old pole and two old peds will be removed. This job is being done to relocate existing cable off of private property on to the ROW. The location and description of the proposed installation and appurtenances must be firlly shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the dale of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice, 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long us two weeks after complete application is received. Vol. pg. S 1014/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS R1 DEPARTMENT:Road and Bridge NUMBER: CC2018-Indian Lakes Phs 34 Final Plat DATE OF COURT MEETING: 10/9/2018 ITEM: Final Plat of Indian Lakes Subdivision Phase XXXIV; Lots 1-8, Block 45, 13.661 Acres; J.M. Barrera Survey, A-69; Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/03/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS File Name Descri i n Types Indian Lakes Ph 34- Application for Development Backup Material Application for Development.pd Indian Lakes Ph 34 - Final Plat.pdf Plat Backup Material APF VED J� to q add Duane ters Date County Judge https:l/brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?lteniID=17990 i V01- /�1/1 PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: olats(dbrazoscounWx.gov SUBJECT PROPERTY INFORmAtION APPLICATION DATE': 11/22/17 RESUBMITTAL: =YES ✓ NO PROJECT / SUBDIVISION NAME: Indian Lakes- Phase 34 (Final Plat) PROJECT ADDRESS OR LOCATION: South of Anasazi Bluff Drive LEGAL DESCRIPTION: Indian Lakes, Phase 34, Block 45, Lots 1-8 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:8 TOTAL ACREAGE 13.661 JURISDICTION: CfTY L(MiTS ✓ College Station ETJ F1 OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE• • Pg. _ J�� MASTER PLAN SIMPLIFIED PLAT PRELIMINARY PLAN ✓ FINAL PLAT AMENDING PLAT REPLAT APPLICATION• RESIDENTIAL MANUFACTURED E ❑COMMERCIAL RENTAL COMMUNITY Peasexplain)7ODe: FLOODPLAIN' IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES ✓ NO Acknowledgment: The flood hazard boundary maps and other Oood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and Flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit In accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from Hooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. •• • WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? YES ✓NO Pg. _ J�� PROPERTY OWNER CONSENT / AGENT AUTHORIZATION Vd. � 22 p� By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant Is an organization or business entity, that authorization has been granted to represent the Owner, organization or business In this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the Development/Subd[vision of this property. SIGNATURE: PRINTED NAME: Travis Martinek DATE: 11/22117 SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioners Court may not flow that recommendation and may make a final decision that does not conform to the staffs recommendation. •R.41.n-w 1,Y`- `l: •P!'.'Y,+7d'1.9 t 9" R�{ g.:ti . r .•yin,,.,A� CAIeCULA�TION$nOF•FES „"r� i ; ," :; `3''s_'f•.�. .'@vs'�: a'4:_'W4s'.,.eh�...a.ir�•++,'P.xa .r.`c%, aV2.leYax-::1m 1L� .•1r. "�'� . "tom n .a A. s -f .iw !/ a MASTER PLAN: No charge® 11 INARY PLAN: •1 $5 per [at FINIAL PLAT: 1 1 per lot11 1 DATE APPLICATION RECEIVED: — _ I _ I __ DATE APPLICATION RECEIVED / REJECTED: II SIGNATURE: l SIGNATURE: l Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does It waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): t✓ hree (3) hard copies to Brazos County t/ One (1) .pdf copy to Brazos County p/ One (1) .dwg copy to Brazos County s/ One (1) hard copy to Brazos County Health District p/ One (1) hard copy to Brazos County 911 p/ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): I✓ Letter from Brazos County Health District - For On-site sewage evaluation. &/ Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ✓❑Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any that they have read document and the statement contained herein and any attached are Applicants are encouraged to review the County Regulations prior to any plat submittal. this Application is not finished or dated until all documents listed above are filed at Engineering Office and all applicable blanks are filled in the Application above. 92 1 , and further attests true and factual. All It is understood that the Brazos County Every Simplified Plat shall include all of the following: ❑✓ Title Block with the following information: ❑✓ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ✓❑Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) 6/ Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. Total area intended to be developed. ✓ Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. ✓ North arrow. ✓ Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. ✓ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ✓ All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. �A vicinity map, drawn at a scale appropriate detail to identify the location of the proposed ❑✓ All adjacent property Owner's names, deed and existing use. to show all nearby major Roadways and sufficient in plat. record, or Subdivision name, Block and Lot number, RIAll parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. F&—/]Road names and Right -of -Way width for all Roads. (Existing and proposed) 7All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ✓� Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑✓ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ✓❑AII Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. W-1 The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. 16—/]The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). If there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. A minimum lowest finished floor elevation (FIFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. If any areas within the plat include a 100 -Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FIFE. A separate drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. If the plat contains a water well site, there shall be a depiction of the TCEQ separation Vol. 0 Pg. I requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑✓ If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall he placed on the plat. n✓ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. 7 Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. 7 This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. I FINAL PLAT APPLICATION REQUIREMENTS Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. If more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must he filed prior or concurrently with Final Plat. Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. RLocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. [V()I. �7- f,2 Pg. 7 / .a m...o ...-...... „.. v. .e � O INDIAN LAKES SUBDIVISION, PHASE XW llI ".. oll, 45 13661 ACRES iv. uwm+ amer. A -as eevosmmuvn ws \\ vicinity Mop a. �n Au INDIAN LAKES SUBDIVISION, PHASE XW llI ".. oll, 45 13661 ACRES iv. uwm+ amer. A -as eevosmmuvn ws 10/4/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS F DEPARTMENT:Road and Bridge NUMBER: CC2018-Reese Cove Subd-Final Plat DATE OF COURT MEETING: 10/9/2018 ITEM: Final Plat of Reese Cove Subdivision; 12.966 Acres; William Dunn League; A-108; Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 10/04/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 - ATTACHMENTS: File Name Description SXPe Reese Cave ApDI for Develooment.pdf Application for Development Backup Material Reese Cove Subdivision- Plat -Sheet 1 of Backup Material Final Plat Sh 1.pdf Reese Cove Subdivision- Plat - Sheet 2 of 2 Backup Material Final Plat Sh 2. pdf 10a'2°IE Date https:llbrazos.novusagenda.comlAgendaWeb/CoverSheet.aspx?ltemID=17993 vo+, 2O Z (]r, �3 1/1 PLAT APPLICATION P'ROPERTY INFORMATION APPLICATION DATE `1073 V2C17:- .. .. - - - - - Brazos County Road & Bridge Office APPLICATIONPURPOSE 2617 SH21:West - ❑COMMERCIAL Bryan, TX 77803 -- -. I s. Telephone: (979) 822-2127 " 41 X1.'4 Fax: (979775-0456 JURISDICTION : Email: olats0brazosccuntAx.cov . . . PLAT APPLICATION P'ROPERTY INFORMATION APPLICATION DATE `1073 V2C17:- .. .. .RESUBMI7TAL: -- YES. PROJECT/ SUBDIVISION NAME: Reese Cove Subdivision APPLICATIONPURPOSE PROJECT ADDRESS OR LOCATION: 11071 FAVOR ROAD TX - ❑COMMERCIAL LEGAL DESCRIPTION: %W TE CANYON ESTATES, LOT 3 (PT OF), ACRES 8.005: WHITE CANYON ESTATES. LOT 5; ACRES 0962 . IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NIA - -. NUMBER OF LOTS:? : TOTAL ACREAGE 12.908 JURISDICTION : IS. ANY OF THE'PROPERTY LOCATED INA FLOODPLAIN OR FLOOD HAZARD AREA?..-- [YES .. NO -- - CITY LIMBS Developments are considered reasonable and accurate tar tegulatory purposes and are based on the best available sden0fic and englneedng data College Stai on ETJ - OUTSIDE ALL CITY LIMITS AND EfJs employee of Brazos County in the evenl flooding or flood damage does occur. - -- .Notification of Applicationcompleteness will be given within 10 days of Application date. All Incomplete Applications will be rejected This Application shall expire five (5) Years from the Application date of the project TYPE OF • MASTER PLAN �: SIMPLIFIED PLAT PRELIMINARYPLAN �. FINAL PLAT AMENDING PLATI Li REPLAT APPLICATIONPURPOSE RESIDENTIAL MANUFACTURED HOME - ❑COMMERCIAL RENTAL COMMUNITY OTHER (Please explain); FLOODPLAIN IS. ANY OF THE'PROPERTY LOCATED INA FLOODPLAIN OR FLOOD HAZARD AREA?..-- [YES .. NO Acknowledgment: The good hazard boundary maps and other: flood data used by Brazos County in evaluating. llwd:hazards to proposed Developments are considered reasonable and accurate tar tegulatory purposes and are based on the best available sden0fic and englneedng data On rare occasions greater floods can and wll occur and flood heights may he Increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood. Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard veil he free from flooding or flood damage. Issuance of a peril shall not create liability on the part of Brazos County or any oificer or employee of Brazos County in the evenl flooding or flood damage does occur. - -- D• • WILL ANY.CONSTRUCTION OC66R IN TnDOT RIGHT-OF-WAYS? - YES V NO DIGITAL SUBMISSION COUNTY ENGINEER ADOBE(.pdffile) -, , f AutoCAD (.dry fAe) .(Email To: plals{o�izrazascminyn.goy) 911 ADDRESSING -- a ADOBE (pdf file) AuloCADwg d 'file ( ) (Email To: glsl'1c brazoswuntW aov1 CONTACT- •• • Vol. o� 012C7-2 p9 . % APPLICANT INFORMATION.... FIRM NAME: CONTACT: Craig Allen Breedlove - - ADDRESS:750 William D Rich Parkway, Suite 520 - CITY:CollegeStation STATE: TX - ZIP. 77845 PHONE: EMAIL: cbreed28@suddenlink,cam PROPERTY OWNER INFORMATION FIRM NAME: -. - - CONTACT; Craig Allen Breedlove - - ADDRESS: 750 William D Fitch Parkway, Sulte 520 - -- CITY:CollegeSlalion STATE: TX ZIP: 77845 PHONE:' EMAIL: cbreed28@a suddenimk com ENGINEER.INFORMATION- FIRM NAME: SchultzEngineering '.Li - - - CONTACT.JoeSchulcz PE ADDRESS: 911 Southwest Parkway E - - - - CITY:CollegeStallon STATE: ZIP:77840 PHONE: 979764-3900 FAX:979-764-3910 EMAIL: eng@schullzeng.com - -- SURVEYOR INFORMATION - - - FIRM NAME: Ken Surveying. LLC - - CONTACT:BradKerr ADDRESS: 409 N Texas Ave CITY: Bryan - 'STATE. TX ZIP: 77603. - PHONE: 979-2683105 FAX - EMAIL: brad ken@suddeniinkma,l ram OTHER INFORMATION - - - FIRM NAME: Owner - CONTACT: Page Thomson . ADDRESS 448 Mn D Fitch Parkway, - CITY:CollegeStation STATE:TX ZIP:77845 PHONE: EMAIL: pageCmaggiel5ntltitle.com�- - PROPERTY QINNER CONSENT! AGENT AUTHORIZATION Vol. � �� 1 P9 L_ 9y,my 999a1 Ihemay afArm 1patJ am U19 Omperty, Ownerorrecord, crlf the Applicant Is an organization arbmbress entRy, that eueneaz tion nos been Ud resent e O sr. o anlzallon or Lusbmss in this APPllmdon. IW* that the prewding Intonation Is complete and ecN21e, a+ Iljad ars at ls'noo to the DevelopmenVSubdlvIs!cn of this properly, SIGNATUR[: c i' PRINTED NAME ) ((J -f) DATE. SIGNATILRY� `� PRINTED NAME' F. N G' I br'ys'br DATE: BY ul lag this form. the Owner of the PmPnriY aurhodres Banns County to be91n pmceetVrre N acwNanra wish the P oaa :, for Ws lype.of AppIca'dan inamlad on page ane of this Apish®Tian. The owner further acknowledges that submission of an Applica lon does rot In any way obligate :em County to eppmve the APF4catron am Nm aillwugh County ata0 may make canals recommendations regarding ihn. Application, the -Crmrrdssiorefs Court may not foliwv that recommendmlon and may rooks a final dedclon Ina does net conform to the stairs n Conynendgm DATE APPLICATION RECEIVED; _1_/, DATE APPLICATION RECEIVED / REJECTED: —)_—r .. SIGNATURE: SIGNATURE: Rdcolpt of mis Application by Brazos Courtly does not pmvlea: cord mason or UcCepence of o complete Appllodoo,'uor does It waive nuiulremenb for any odditlanal fnfannatfon notcanfalned as part of Isis Afspkailua whkh aaY a6'o be Headed as a part of Ileo review provers. Application Check List Co lea of finished plat with corrections Cf any): . I hree (3) hard copies to Brazos Countyne (1) .pdfcopy to Brazos Countyne (1) .dwg copy to Brazos County ne (1) hard copy to. Brazos County Health District ne (1) hard copy to Brazos County 911ne (i) hard copy to local Water District or Company Letters of approval (lo be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On-slte sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water avallability,'etc, If property is within an Extraterrllorial,Jurisdiction (ETJ) of a City: _. .[_]Approval notification from appropriate City. -- Applicant attests that theyhave signed this Application In the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It Is understood (hat ' this Application is not finished or dated until art documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above, Vol. pg. MASTER PLAN: No charge SIMPURED PLAT: $iW PRELIMINARY PLAN' S7 sor is per lot !I4 FINAL PLOT: $Y50 f $10 per tot AMENDING PLAT: 5100 REPLAT: S15g DATE APPLICATION RECEIVED; _1_/, DATE APPLICATION RECEIVED / REJECTED: —)_—r .. SIGNATURE: SIGNATURE: Rdcolpt of mis Application by Brazos Courtly does not pmvlea: cord mason or UcCepence of o complete Appllodoo,'uor does It waive nuiulremenb for any odditlanal fnfannatfon notcanfalned as part of Isis Afspkailua whkh aaY a6'o be Headed as a part of Ileo review provers. Application Check List Co lea of finished plat with corrections Cf any): . I hree (3) hard copies to Brazos Countyne (1) .pdfcopy to Brazos Countyne (1) .dwg copy to Brazos County ne (1) hard copy to. Brazos County Health District ne (1) hard copy to Brazos County 911ne (i) hard copy to local Water District or Company Letters of approval (lo be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On-slte sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water avallability,'etc, If property is within an Extraterrllorial,Jurisdiction (ETJ) of a City: _. .[_]Approval notification from appropriate City. -- Applicant attests that theyhave signed this Application In the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It Is understood (hat ' this Application is not finished or dated until art documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above, Vol. pg. Every Simplified .Plat shall include all of the following: Title Block with the.following information' Name, address, telephone andemailaddress of Subdivider, recorded Owner, Engineer and surveyor. Proposed name of Subdivision. (Subdivision name 8 Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) bate: of preparation. (Include the date. of any revisions onthe. plat.) Engineer's scale in feel. V Total area intended to be developed. _ V/ Proposed number of.Lotsto be developed.:: - .. t/ 'Re plat or Amending Plat, existing Lot and -Block description or Abstract name and number. -- -- North arrow. - :: Drawn on -24" x 36" sheet to scale of 100 -feet per inch or larger. _ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. -- - All horizontal control and vertical elevations depicted om4he plat shall be tied. to NAD83 and NAVD. - 1988 Datum. - - aA vicinity. map, drawn ata scale appropriate to show all nearby major.Roadways and sufficient in -detail to identify the location of the"proposed plat. aAll adjacent property. Owner's. names, deed record, or Subdivision. name, 81ock and. Lot number, and existing: use. - All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the -- face of the plat drawing. County boundaries, City limits, Ex trate rritorial :Jurisdiction (ETJ) :boundaries, school district boundaries and Subdivision section and/or phase boundaries. - - �Road names and Right -of -Way width for all Roads, (Existing and proposed) 7All existing and proposed plat bounds ry.lines, phase/section lines, and Lot lines with bearings and dimensions.' . FOUtilityServices. (Water, wastewater, electrical, natural gas, cable, phone, -etc.) - - �/ Pipelines: label company with volume and page. All certification language as found in Appendix C. v Easements and rights-of-way shall be -dedicated to the public. Thededication of all Easements :... .and rights-of-way shall be accomplished free of liens. The fedication shall be accompanied by the 'Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien - - holder's dedication, and restrictions if any, duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided-. WIAll proposed Easements and existing Easements of record that have a designated route shall be. shown on the plat with bearings and dimensions.- The Owner shall be-responsibleforrcoordinating with all Utility Providers the location of all utility Easements that areshown on the Final Plat. - .a:Building Setback Lines for each proposed Lot as defined herein For Subdivisions located within .an Extraterritorial Jurisdiction (ETJ), this may be shown onlhe drawing or included: as a plat note. ZMetes and .bounds description of the property to be.subdivided shall be certified by a Registered -. .. Professional Land Surveyor ;(RPLS), describing!a beginning point and reciting bearings. and :distances to a corner.of the original land grant survey of which the Subdivision is a part, according Vol. Ag. to the best available data. (Shown on drawing; not separate description) aA)I Subdivision external corners, angle, points, points ofcurvature and points of tangency shall .be - set by -a Registered Professional Land Surveyor (RPLS)before the plat is recorded and shall be -a TXDOT "Light Duty Setting': monument with an aluminum or bronze disk as specified in.Appendix C of the. TxDOT Survey Manual of. April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with - compacted sandmay be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumentedin:compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set. by a. Registered Professional Land Surveyor.(RPLS) before the plat is 'recorded. - - Fv/]Primary control points or, descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block -numbers, and similar datashall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a apart. All boundaries shall be tied to a County control monument. The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. WIThe On-site Sewage Facility(OSSF) setback as required by.the Brazos County Health District. F7The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on themost currentBrazosCounty Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). - - - WIif there are any areas within the plat that include a FEMA -mapped Floodplain. with a Zone A . .:classification, or if there exists within oriadjacent to the: plat any water courses whose upstream drainage basin is larger than 64 acres, the 'plat .shall also show the extent of .the 100 -Year Floodplain -as determined, 6,y an engineering study -under the seal of a Registered Professional .Engineer. This study shall be sufficient in scope todetermineand establish a.BFE for all points. within the plat. - BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. ,For plats where a FEMA -mapped Floodplain with a Zone AEclassificationexists within the plat, the BFE established by the accompanying FEMA- published flood -study maybe substituted for the engineering study. - - - - - - - - - F7_JA minimum lowest finished floor elevation (FFE) for Buildings shallbe established for each Lot within the plat. This minimum.FFE shall be. twelve (12) inches higher than the highest spot elevation that is located within five.(5) feet outside the perimeter of the Building, ortwo-feet above the BFE, whichever:is higher. ® If any areas within the, plat include a 100 -Year) Floodplain (as determined by the. .resuIts :of an engineeringstudy or as established by FEMA), -a benchmark shall be established byl.the :Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE: -Fv/1.A separate drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, -Easement locations (existing 8 proposed), and culverts (existing &.proposed). The certification language. as found in Appendix Cfor both the Commissioner's Court approval and the County Clerk's filing certificate shalt- be located on the face -of the plat.. These signatures shall -be obtained after approval by the Brazos County Commissioner's Court. _ If any Lot within the plat will be served by a well or.an On-site Sewage Facility (OSSF), a letter must be provided,bythe Brazos County Health District stating they have examined the plat and that it is in compliancewith the Brazos: County On-site .Sewage Facility. (OSSF) Regulations,.. _. Construction Standards for On-siteeSewage Facility (OSSF) Regulations as published by the Texas - Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Platapproval. - IV] If the plat contains a water well site, There shall be a . depiction of the TCEQ separation - Vol.� 2 -Pg. requirements per Title 30; Part 1, Chapter 290; Subchapter D Rule§290.41.. - - ® If rural route mailboxes are proposed, theplatnote as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat -- - - F7If any. areas of the plat are located outside of. all incorporated areas; the plat note as found In Appendix G.-1 .regarding the requirement to obtain a unique Development Permit from the Brazos ` County Floodplain Administratorpriorto locating or altering a structure or land shall be placed on . the plat.. It is the responsibility of the Owner to assure. that the proposed name of the Subdivision is not duplicated. Subdivisions with different,sections are considered unique. The Owner shall check with the County Clerk's records for verificaion - .:. ZDrivewaylculverts for all Lots shall be designed by a-Licensed Professional Engineer.: 7I entrancesor driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm-to-market Roads, or others, copies of correspondence with TxDOT are required to be submitted, with the Preliminary Plan stating that the generalentranceor driveway configuration is within TxDOT's, guidelines. Formal approval of the layout from TxDOT is:required prior to approval of Final Plat: - .. .. The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. ZThe Owner shall provide a letter of serviceability from an entity or entities providing .water service - or a letter stating that no service is available within 300 Feet of the Subdivision and certifying that the Lots are suitable for private wells. 7 Any .Improvements proposed .within the Right-of-Way including, but not limited to, „irrigation, landscaping, sidewalks, Subdivision identification signs, etc, shall be maintained in accordance .with an executed license agreement between the County and the Owner. This check list along the required copies of the plat shallbesubmitted to the County Engineer for approval. _ QLocation and size. of allexistingand proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed wafer courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vof,� Pg, 7 1-` I I I I �q `w+A I I I I I I q.". •e. .e...........••. .. ...•....e........w.... we u.a...a�u� �..a.e...vo u.s� ou 71 .,.�....a...........,,..•,.,.«... �u•�...®h::: ,.....,,, ew�..>. •..�. �«ma.. a.wed..ms.. e....,. m.......�.. m... _m VICINITY MAP FINAL PLAT REESE COVE SUBDIVISION 12,966 ACRES �' a.uos<oc�.sm.svus y ' ALS I v I I I I i / g � ao I raffia Qpp I If: 7 q.". •e. .e...........••. .. ...•....e........w.... we u.a...a�u� �..a.e...vo u.s� ou 71 .,.�....a...........,,..•,.,.«... �u•�...®h::: ,.....,,, ew�..>. •..�. �«ma.. a.wed..ms.. e....,. m.......�.. m... _m VICINITY MAP FINAL PLAT REESE COVE SUBDIVISION 12,966 ACRES �' a.uos<oc�.sm.svus y ' ALS I \1 I I I I q.". •e. .e...........••. .. ...•....e........w.... we u.a...a�u� �..a.e...vo u.s� ou 71 .,.�....a...........,,..•,.,.«... �u•�...®h::: ,.....,,, ew�..>. •..�. �«ma.. a.wed..ms.. e....,. m.......�.. m... _m VICINITY MAP FINAL PLAT REESE COVE SUBDIVISION 12,966 ACRES �' a.uos<oc�.sm.svus FTC PTE PIPE LINE LASEMENT DETAIL LOTS 5&fi BLOCK p / I / c I / i I iI ETC PIPE LINE EASEMENT DETAIL LOT 1, BLOCK i, II' I III I I I .I 5, \ 1. III III III �i�� �/ il111 III I I l � II III lil I I I III I�I 1i1 III ®mo�omm Omm mIm® moma m©m �mI VICINITY MAP FINAL PLAT RFFSF COVE SUBDIVISION 12.968 ACRES ,+�eneur.n.mn aw.zoE.RNo,,, ions The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. ('Texas Local Government Code, 114.026) Witness my hand this *1 day of �Vl V /�i� A.D. 2018 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this C— day of Treasurer's Report for the MONT k5m Duane Peters, County Judge Precinct 91 Commissioner Precinct #2 .2 v Pg. � FUND NUMBER &NAME CASH BALANCE INCOMING MVV INVESTED TEILPOOL^` SUB -TOTAL DISBURSED CASH BALANCE INVESTED CK.ACCT.BAL. 7/31/2018 INTEREST -Aug 8131/2018 8/31/2018 0100 -GENERAL FUND 59 12D.721 3393,143.30 2],016.21 62 OBB1.20 9996692.91 52594188.29 16.590354.8] 159538.33.42 0200- COUNTY HEALTH ENDOWMENT FUND 66 020.99 474.20 - 662995.19 66299519 - 66249519 1100- HOTEL OCCUPANCYTAX 186128.66 )3]460.25 2,098618.91 293.636.28 1806982.63 - 1806982.63 12W- STATE LATERAL ROAD 607405 43.51 60]86.26 60]06.26 - 60]86.26 W 1300-UNCMED FUNDS 207,53 .27 ]482.]3 209070.00 _ 20930001 - - 209,070.0 1500 -LAW LIBRARY 68500.]7 5529.07 - 74,D37.B4 10,2..52 6375832 - 63758.32 1600 - LDCAL PROVIDER PARTICIPATION ] 103 12].71 17 569,236.2 - 24,657,363.73 7466730.73 - 24 657 ,363.73 1700- ALTERNATIVE DISTUIE RE QO ON 2655.011 384D.DD - 6495.00 2655.00 3890.00 - 3,340.00 1800-LEUSE FUND 4;537.78 - 4293].]8 19.81 42,957.59 - 42,957.59 1900- COUNTY RECORDS MNlAGEMENT 334,002.009092.01 343099.01 16956.24 K6,W.77 - 326,237.]) 20DO- COUNTY CLERK MGMT.FUNO 875996.68 32836.19 9M 332.87 2fi 909.]] 882923.16 - 802423.16 2001- COUNTY CLERK ARCHIVAL FUND 156103].4) 32603.15 - 1593840.62 1,2!1.50 1,59 563.12 - 1592563.12 2200- COURTHOUSE SECURMY FUND 108906.44 7.613.03 - 116,019.47 470]].00 60942.39 68.54239 220]-]USRCECDURTSECi1R FUND 83995.03 SA69.49 - 85056.52 85056.4 - BS OSfi.52 23DD-D1511ICTC3 K MANAGEMENT FUND 201719.25 1785.82 - 203.505.07 203505.07 - 203505.0) 2301 -DL CTCLERK ARCHIVAL FUND 87,23.17 2,03.52 89374.69 1.644.65 3,73'.04 - 87]30.04 2400 -JUSTICE A PEACE -TECHNOLOGY FUND 173044.17 335034 176394.51 179.93 17621958 1]6214.58 2401 -CO.& DIST.0OURTTECHNOLOGY FUND 70337.21 fiee.3 ]1025.78 ]1025.]8 250D- SPECIAL FORFETTLRE FUND 28,49].4] 20.36 2695].85 296.00 281]1.85 - 2B ]]LBS 2600 -D/A HOT CHECK COLLECT FEES 3094.]] 6M.B0 3.699.4 3699.5] - 3,6935] 2700 - HAIL BOND BOARD FEES 94 459.03 67.66 - 99 526.69 94 46.69 - 94,525.69 aOO- VOTER REGISTRATION 6]66.01 539.61 12942,62 1253.05 13.189.4 11189.5] 290D- VIT INTEREST FUND 198513.91 556.95 - 199080.85 180.00 ]90900.86 19890096 300D -COUNTY GRAMS 58189.11 96 39.64 - 155,028.]5 305786.15 150757 ....1 150]4.90 MOD - CIA CRIME FUND 140503Afi 1 3417.39 - 14392085 1719.99 142201.86 - 192201.86 3500 PR6MARV ELEC170N SERVICES 9413.00 6.74 - 9919]4 9419.]9 9419.]9 3901- BC HOUSING FINANCE CORP 99,269.96 2,0M.71 - 512)4.69 2 053.17 4922 - 99 221.4 4315-2015 CERTIFICAT[S Df OBLIGATI ON 447,566.70 320.59 - 49183.29 44783.29 - 497 BB].29 931)-20ll CFRTICATES OF OBLIGATION 20225,232.96 1943.09 20239,720.05 731,11D.19 1953609.86 19,SOB,fi09.86 9500- GVIPERMANE INN. 18 116 598.83 13.435.87 18130034.70 IJS 014.05 1]959239,85 _ 1],954,219,85 5000-HEALTH&LIFE INSURANCE 5,655 226.11 2,158 47637 ]613702.90 1821836.35 5991,866.13 - 5991,866.]3 6000- PAYROLL 94B 571.3 3 510 510.50 - 9 459,1198.3) 3 089 346.27 1 369 ]92.10 - 1369,]9230 9100- HEALTH DEPARTMENT 889969.61 19623]5 - 10811]1.36 2958]2.15 JB5305d] - 78530511 9]00- COMMUNRY SUPERVISION L088,961.58 199,39259 - 1,280.359.12 374,41.23 913,)81.09 - 913,781.89 TTLOF ACCT&IN POOL 120,581,5)4.44 3],999,569.]9 27,016.21 .146,308,160.49 1],195,033.81 130,913,12].03 16,590,354.3 114,322,]72.1fi 9100-GEN.OBIIG.DET3T SYG 15092013.23 37,216.63 - ]5129229.86 a .6081.50 6813,19836 681314836 TOTAL 135,673,587.67 27,536,786.4211. 27,016.21 L 163,237,390.90 25,511,114.91 137,725,275.39 16,590,35997 121,135,920.52 This report k submitted as hue and correct to Commissioners Court b/ Brazos Coun[y Treasurer, on /D�ghB 1 SUNGARD PENTAMATION PAGE NUMBER: BJOURNII DATE: 10/04/2018 BRAZ.OS COUNTY, TX TIME: 12:44:21 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PROJECT PERIOD/YR ACCOUNT STATUS ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT RECORD FUND DIV/FUND ACCOUNT CC°10°09 130022 DEPOSIT SLIPS ORDERE 13/18 COMPLETE 353741 0100 20000100 60020000 DCLK 71.81 353742 0100 21000100 60020000 CCLK 71.81 143.62 353743 0100 0100 11005200 DEPOSIT SLIPS ORDERS 143.62 143.62 TOTAL JOURNAL ENTRY CC -10'09 130023 EXPO INCENTIVE REWAR 13/18 COMPLETE 353744 1100 11002500 71530000 TEXAS UCK CUP 500.00 353745 1100 1100 11005200 EXPO INCENTIVE REWAR 500.00 353746 0100 0100 11005200 EXPO INCENTIVE REWAR 500.00 353747 0100 0100 41011000 TEXAS UCK CUP 500.00 TOTAL JOURNAL ENTRY 1,000.00 1,000.00 CC -10=09 130024 EXPO INCENTIVE REWAR 7.3/18 COMPLETE 353748 1100 11002500 71530000 TJBBA- JUNIOR BRAH A 5,000.00 353749 1100 1100 11005200 EXPO INCENTIVE REWAR 5,000.00 353750 0100 0100 11005200 EXPO INCENTIVE REWAR 5,000.00 353751 0100 0100 41011000 T3BBA- JUNIOR SPAH A 5,000.00 TOTAL JOURNAL ENTRY 10,000.00 10,000.00 Q C010"09 130025 TRVL REIMR- B BAILEY 13/18 COMPLETE 353752 0100 18000100 61801000 GALVESTON 9.19-21.18 327.70 353753 0100 0100 20219300 GALVESTON 9.19-21.18 327.70 TOTAL JOURNAL ENTRY 327.70 327.70 0 ` CC'10`09 130026 TRVL REIMB- B BENTHU 13/18 COMPLETE 353754 3000 424100 61801000 AUSTIN 9.18-19.18 232.73 353755 3000 TOTAL 3000 JOURNAL ENTRY 20284700 AUSTIN 9.18-19.18 232.73 232.73 232.73 CC°10°09 130027 TRVL REIMB- H KOPETS 13/18 COMPLETE 353756 0100' 18000100 61801000 GALVESTON 9.19-21.18 327.70 353757 0100 0100 20160500 GALVESTON 9.19-21.18 327.70 327.70 327.70 TOTAL JOURNAL ENTRY CC'10'09 130028 TRVL REIMB- J BASEY 13/18 COMPLETE 353758 1800 30000100 61152800 HOUSTON 9.10-12.18 225.00 353759 1800 1800 - 2011601C HOUSTON 9.10-12.18 225.00 TOTAL JOURNAL ENTRY 225.00 225.00 CC -10-09 130029 TRVL REIMB- J CAMPBE 13/18 COMPLETE 353760 0100 30101100 61801000 AUSTIN 9.10-13.18 126.00 --- 353761 0100 0100 20113620 AUSTIN 9.10-13.18 126.00 TOTAL JOURNAL ENTRY 126.00 126.00 CC°W09 130030 TRVL REIMB- J REEVES 13/18 COMPLETE 353762. 0100 30101100 61801000 AUSTIN 9.lD-13.18 856.95 353763 0100 0100 2D435700 AUSTIN 9.10-13.18 856.95 TOTAL JOURNAL ENTRY 856.95 856.95 CC°10*09 130031 TRVL REIMB- J RICHEY 13/18 COMPLETE 353764 0100 18000100 61801000 GALVESTON 9.19-21.18 313.42 353765 0100 0100 20122920 GALVESTON 9.19-21.18 313.42 313.42 313.42 TOTAL JOURNAL ENTRY CC'10*09 130032 TRVL REIMB- K BRADLE 13/18 COMPLETE 353766 0100 18000100 61801000 GALVESTON 9.19-21.18 327.70 1 SUNGARD PENTAMATION TOTAL JOURNAL ENTRY DATE: 10/04/2016 CC -10-09 BRAZOS COUNTY, TX TIME: 12:44:21 TRVL REIMB- L ESTRAD BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 353767 0100 0100 20123840 GALVESTON 9.19-21.18 COMPLETE GALVESTON 9.19-21.18 GALVESTON 9.19-21.18 COMPLETE AUSTIN 9.10-13.18 AUSTIN 9.10-13.18 COMPLETE AUSTIN 9.10-13.18 AUSTIN 9.10-13.18 COMPLETE TSF 0100>5000 BA#51. TSF 0100>5000 BA#51. TSF 0100>5000 BA#51. TSF 0100>S000 BA#51. DEBIT AMOUNT 327.70 327.70 327.70 126.00 126.00 856.95 856.95 1,000,000.00 11000,000.00 2,000,000.00 2,015,191.47 2,015,191.47 Judge PAGE NUMBER: 2 BJOURN11 CREDIT AMOUNT 327.70 327.70 327.70 327.70 126.00 126.00 856.95 856.95 1,000,000.00 1,000,000.00 2,000,000.00 2,015,191.47 2,015,191.47 Date TOTAL JOURNAL ENTRY CC -10-09 130033 TRVL REIMB- L ESTRAD 13/18 353768 0100 18000100 61801000 353769 0100 0100 20491100 TOTAL JOURNAL ENTRY CC'10°09 130034 TRVL REIMB- P BROWN 13/18 353770 0100 30101100 61801000 353771 0100 0100 20117400 TOTAL JOURNAL ENTRY CC -10-09 130035 TRVL REIMB- R HUET 13/18 353772 0100 30101100 61801000 353773 0100 0100 20443000 TOTAL JOURNAL ENTRY CC -1V09 130036 TSF 0100>5000 BA#S1. 13/18 353774 0100 0100 91330000 353775 0100 0100 11005200 353776 5000 5000 11005200 353777 5000 5000 49028000 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT COMPLETE GALVESTON 9.19-21.18 GALVESTON 9.19-21.18 COMPLETE AUSTIN 9.10-13.18 AUSTIN 9.10-13.18 COMPLETE AUSTIN 9.10-13.18 AUSTIN 9.10-13.18 COMPLETE TSF 0100>5000 BA#51. TSF 0100>5000 BA#51. TSF 0100>5000 BA#51. TSF 0100>S000 BA#51. DEBIT AMOUNT 327.70 327.70 327.70 126.00 126.00 856.95 856.95 1,000,000.00 11000,000.00 2,000,000.00 2,015,191.47 2,015,191.47 Judge PAGE NUMBER: 2 BJOURN11 CREDIT AMOUNT 327.70 327.70 327.70 327.70 126.00 126.00 856.95 856.95 1,000,000.00 1,000,000.00 2,000,000.00 2,015,191.47 2,015,191.47 Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17118 53.1 — 53.6 On this the 9th day of October 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 9th day of October 2018 the Court heard and approved a budget amendment for the 2017-2018 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 9th day of October 2018. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane feters, CoJudge Original: County Clerk's Office and Attached to the original budget V, 6j.. pg. 9 6 BRA70S COUNTY, TEXAS BUDGETAMENDMENTS No. 17/18 - 53.1 1019/2018 FUND DIV I ACCT DR/CR ACCOUNTNAME increase Decrease 0100 30101100 1 61620000 CR I Subscripdons & Publications 601.00 0100 30101100 1 65350000 DR ;Gasoline 601.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 • 53.2 10/9/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gwen] Fund Constable Pct. k2 De anmental Support 198.00 Geacml Fund Constable Pct. k2 Repairs & Main 198.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30201100 61620000 CR Subscri tions &Publications 198.00 0100 30201100 65350000 DR IGasoline 198.00 Constable Pct. k2 Reallecations off.& to the appropate account to cover the increase cost of gasoline for the reminder of FY 13. ud90App__value.,.`?.v,�.,..y,�i..'.:r=Date3 '...`_...v...;_ Vol. p9• 8, I FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30201100 61620000 CR Subscri tions &Publications 198.00 0100 30201100 65350000 DR IGasoline 198.00 Vol. p9• 8, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 533 101912018 FUND DEPARTMENT DIVISION CATEGORYDESCRIPTION Increase Decrease Grant Fund Juvenile 'I JJD - SA Pre &Post Adl. Sala &wa cs 1,174,00 Grant Fund Juvenile 'lJJD - SA Comm Pro ms Contmw,,l Services 1.174.00 3000 312130 51610000 CR Hourly -Stag' 1174.00 3000 312120 71025000 DR Contract Services 1,174.00 Juvenile Grants Reallocations ofwnds to the appropnate account to payforYAP aftcreareprogmrawhieb exceeded mmt budget. 0+^'t'k e "',>..rv; c , da=.'W— -T"' FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 3000 312130 51610000 CR Hourly -Stag' 1174.00 3000 312120 71025000 DR Contract Services 1,174.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118.53.4 10/9/2018 FUND I DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Clerk Management County Clerk Management Fund Fund Departmental Support 10000.00 County Clerk Management County Clerk Management Fund Fund Contractual Services 10,000.00 FUND DIV ACCT DRICR ACCOUNT NAME I Increase Decrease 2000 21005000 61130000 CR Contingency 10000.00 2000 21005000 71300000 DR County Clerk Management Fund Reallocations of funds to the al dmc account to cover:he rental cost of the Kofile Equipment for the remainder of FY 18. =.t /0/312018 Vol. ,2 c -? Pg. f0 N-- i.' FUND DIV ACCT DRICR ACCOUNT NAME I Increase Decrease 2000 21005000 61130000 CR Contingency 10000.00 2000 21005000 71300000 DR Rental Equi ment 10000.00 Vol. ,2 c -? Pg. f0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 53.5 Vol. 2 f Pg- 91 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 28000100 61620000 CR Subscriptions & Publications 2,494.00 0100 29000100 1 65350000 DR Gasoline 2,494.00 Vol. 2 f Pg- 91 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 53.6 inIQ19MA FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gcneml Fund Sheriff Administration Jail Departmental Su on 2,872.00 Geral Fund Sheriff Administration Jail Repairs & Mairt 2,872.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 28002000 61500000 CR Printin • 2,872,00 0100 28002000 65350000 DR Gasoline 2,872.00 Sheriff- Jail Administration Reallocations of fonds to the appropriateaccount to cover the increase cost eE gasoline fortheremindmef FY 18. FOr.ACW00}in ]Inr SL9.D1113 ,1 `n Y,F y§�#1 xn R5dtTl.u.k...jL..e r=i_si a.-...d`b�C{it� a � h'x.z iKiv 4� 1Y FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 28002000 61500000 CR Printin • 2,872,00 0100 28002000 65350000 DR Gasoline 2,872.00 vol. . �2 Pg.� ..J BRAZOS COUNTY, TEXAS BUDGET ANIENDNIENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 2.1— 2.7 On this the 9th day of October 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 9th day of October 2018 the Court heard and approved a budget amendment for the 2018-2019 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 I 1 September 2018, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9th day of October 2018. THE COININUSSIONERS COURT OF BRAZOS COUNTY, TERAS. By: uane Pe rs, County Judge Original: County Clerk's Office and Attached to the original budget va.7p9- y 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19119 - 2.1 FUND MENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gcneml Fund ers Court Contin enc De artmental Su ort 1,000.00 Geneml Fund F272cdDistmtCourt Salary & wags 1,000.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1000.00 0100 22100100 51642000 DR Visifing Bailiffs I,DO0.00 Commissioners' Caurt and 272nd District Court Reallocations of funds to the appropriate account to cover the cost ufthe visiting bailiff for 272nd District Court. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1000.00 0100 22100100 51642000 DR Visifing Bailiffs I,DO0.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119.2.2 1nIgl?nde FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Edward Bryan Justice Grant Fund Assistance Grant Departmental Support 1,4 4A9 Edward Bryan Justice Grant Fund Assistance Grant Minor Ac uisitions 1 414.19 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 3000 289100 60500000 CR Equipment & IT Enhancement 1,414.49 3000 289100 67286000 DR E ui ment&Other 1,414.49 Edward Bryan Justice Assistance Grant Reallocations offunds to the appropriate account to purchase fitness equipment for the Sherif Administration. F6i7Accouetin kPa oses'On ..L .,—".: -'ar =`. u3 -a Y n . 7T . "wi.m;;LkYa`^F�vx., ,�$' ""W e,."J',yiC__ ,v"", ^": , 3,v %'�ks"�' Cv :3duRa s s?'s.. ,;8.Ld4'as FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 3000 289100 60500000 CR Equipment & IT Enhancement 1,414.49 3000 289100 67286000 DR E ui ment&Other 1,414.49 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 2,3 � nronna o FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gcneal Fund Commissioners' Court Non -De artmental De arcmental Su ort 40,000.00 General Fund Commissioners" Court Non -De artmental Minor Ac uisitions 11,857.00 General Fund Commissioners" COutr Non -De aruncatal Contracrual Services 51,857.00 DRICR ACCOUNT NAME Increase Decrease 0100 11000500 60620000 CR Posta eand Shipping 40,000.00 0100 11000500 67050000 CR Appliances 11,857.00 0100 11000500 71025000 DR Contract Servdces 51,857.00 Commissioners' Court Reallocations of funds to the appropmate account for the purcbi5e ofsi s for the Ruth McCleod Buildin, Yak }ludson IIOA dues and the postaV contract for 2019. r Vol. pI- I ; FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 60620000 CR Posta eand Shipping 40,000.00 0100 11000500 67050000 CR Appliances 11,857.00 0100 11000500 71025000 DR Contract Servdces 51,857.00 r Vol. pI- I ; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 2.4 mv 'IDeOartmeht Approval FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30401100 65550000 CR Radio Maintenance 23730 0100 30401100 71020-000 mv FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 30401100 65550000 CR Radio Maintenance 23730 0100 30401100 71020-000 237.30 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 18119 - 2.5 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase L Decrease JP Technology Fund JP Tcchnnlugy Fund -1P#3 Dc arimental Support 2,000.00 1P Technology Fund JP "1'echnolo Fund -1P@3 Minor Acquisitions 2000.00 FUND I DIV I ACCT OR/CR ACCOUNT NAME Increase Decrease 2400 2J005300 61I3000U CR Contingency 21100.00 2400 24005300 _ 67281000 DR E ui ment-Electronic 2000.001 JFTechnolo 'Fund Reallocations of funds to the approprinic account to purchase two 2 ticket writers for Constable Pct. #3. -. ., Fon'Accntintin�'Pu ei :1 �.. w: -. .::. ses 06 IV ✓. ..:,..-.. .�}S- r,. � .. ,,..„e}.�"5i 'F}'."�c_ ?n., . .--xh..1:1 �?s....: i,+r.. sk-v,. _:uJ a..a. :-::.,.i'!.%��E,Ff FUND I DIV I ACCT OR/CR ACCOUNT NAME Increase Decrease 2400 2J005300 61I3000U CR Contingency 21100.00 2400 24005300 _ 67281000 DR E ui ment-Electronic 2000.001 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 2.6 101912018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund ShcriffAdministmtion Salary &Waees 5,972.00 General Fund Sheriff Administration Benefits 1.531.00 General Fund Commissioners' Court Contingency De anmental Support 7,503.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 28000100 51615000 I Hourly -L1w Enforcement 5,492.00 0100 28000100 51730000 I Sheriff Administration and Commissioners' Court 480.00 Reallocations of funds to the appropriate account due to a personnel reclassification that was approved during Commissioners Court on October 2, 2018 Agenda Item 013. ra—A"aoentit7"Y.ui oicf0iihC F#c ?::t_�ti' x ?A?;. 'L^'iaL-7: 3.rs.: •:::it ..ate;.. _, G_.,:.Y ,:� tT, :. *s.::',.;°0=°"rs €"2..a`..R':Y .-_tea ..ry c.!:.F€�. .. s._s a.a'.&.� 1s FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 28000100 51615000 CR Hourly -L1w Enforcement 5,492.00 0100 28000100 51730000 CR Cell Phone Allowance 480.00 0100 28000100 5310000D CR Social Security 457.0D 0100 28000100 53200000 CR Retirement 866.00 0100 28000100 53800000 CR Workers Comp 208.00 0100 11001500 61130000 DR Contingency 7503.00 Vol. Pg. _ BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 1 BM9 - 2.7 101912018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Grant Funds Other Revenue 13 516.00 SLIP Environmental General Fund Project Dc artmental Support 5.516.00 SUPP Environmental General Fund Pro'ecl Conlnctual Services 8,000A0 ACCT DRICR ACCOUNT NAME Increase Decrease 3000 46059100 CR Post Oak RC&D 13,516.00 3000 563100 61010000 DR Advertising 5,516.00 3000 563100 71025000 DR Contract sr'ices 8000.00 SUPP Environmental Project To recognize die grant awarded to fiend the Brazos County Scrap Tire Collection Event for FY 2019. Funding covers 1011l1S until 7/2/19. Project: Litter&Illegal Duumping/Community clearep Event. ..... ~fax "T Gly Fod:4tcoumtin"Pui ... 0-1 4"' 'V M ..1 .._i d:': -e.... P�F7i'..r. :=:[. ::OU..d '.,r{": u.s>. .. xis .+; ., csiap s „*,„t '- a,.re, L„ alv t `hva...� �..., vz' a:k m FUND I DIV ACCT DRICR ACCOUNT NAME Increase Decrease 3000 46059100 CR Post Oak RC&D 13,516.00 3000 563100 61010000 DR Advertising 5,516.00 3000 563100 71025000 DR Contract sr'ices 8000.00 l,_l voi,../ 6 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 09, 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 Ag Extension Martin, Avery Employment County Judge Jett, Zachary Employment District Attorney Wood, Nathan Ybarra, Jackie Zimmerman, Steve Change of Status Change of Status Change of Status Information Technology Rabalais, David Change of Status Sheriff's Office — Medical Loera, Yvette Change of Status Treasurer's Office Candelaria, Jamie Change of Status Approved in Commissioners' Court: October 09 2018 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Pg•