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Home My WebLink About2018-11-13 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 NOVEMBER 13, 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 3-25: 191 LI 5. 7 Reappointment of the following to the Bryan & Brazos County Economic Development Foundation Board; term of appointment is 01/01/2019 -12/31/2020. • a. Mike Holmgreen • b. Irma Cauley Acceptance of the following donations to Juvenile Services to be used to purchase holiday gifts for youth housed in the Juvenile Detention Center. • a. Five checks totaling $665 • b. $25 cash • C. $200 gift card • d. Package of socks valued at $8 Acceptance of a $250 donation from Janice Buchanan with VALI C. Funds will be used for the Employee Benefits Fair and Luncheon. Acceptance of a $100 donation from Insurors of Texas General Agency. Funds will be used for the Employee Benefits Fair and Luncheon. Acceptance of a $50 donation from Gloria White with Gloria White Insurance. Funds will be used for the Employee Benefits Fair and Luncheon. Vol. 3 Pg. �� 'r 8. Acceptance of a $40 donation for two coupon books for the Health & Wellness Clinic 9. Approval to issue a county Diners Club credit card to Jennifer Salazar, Human Resources Director with a credit limit of $1,000. 10. Payment Authorization to Johnson Supply in the amount of $265.55. Invoice was not turned in before the end of 2018 budget year. 11. Annual agreement with Computer Information Concepts, Inc. for customer access and support. 12. Master Service and Purchasing Agreement terms and conditions from Axon Enterprise, Inc. for future purchases and for Purchasing personnel to sign quotes agreeing to those terms and conditions. 13. Vine Service Agreement Appendix D D I R -TSO -3937 (per Amendment 1) withAppriss Safety for FY 2019. 14. Contract renewal with Victoria County for pre -adjudication detention services. 15. Contract renewal with Victoria County for residential (post -adjudication) juvenile services. 16. Approval of Bid 19-027, Seal Coat. Recommend award to Fuquay, Inc. 17. Approval of pricing proposal 19-089 for Phase 2 of Goodson Bend with Gessner Engineering 18. Approval of the Country Oaks Development Plat; being 6.356 Acres; Block 1, Lot 1; Samuel Davidson Survey, A-13; Brazos County, Texas. Site is located in Precinct 1. 19. Request permission to enter property of William Berger to clear brush on fence line at the intersection of Luza Lane and Fountain Switch Road for better site distance. Site is located in Precinct 4. 20. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Kemp Road 2,140 feet south of FM 60. Site is located in Precinct 4. 21. Expenditure Journal Entries • FY18-19100181-100184 • FY18-19110014-110017 22. Tax Refund Applications for the following: • a. W iletta B. Smith - Overpayment $32.65 • b. Brent Tymrak - Overpayment $44.47 • c. The Beer Joint - Overpayment $172.88 • d. Paul & Sheri Luckemeyer- Overpayment $5.16 • e. 21 st Mortgage - Overpayment $366.15 • f. Ladislao & Esmeralda Rodriguez - Overpayment $71.69 • g. David & Michelle Kirkland - Overpayment $8.50 • h. Robin W illiams-Calahan - Overpayment $8.42 • i. Robert A. & Jennifer Spacek - Overpayment $7.98 • j. Amber Aguirre - Overpayment $82.65 Vol. d 3 Pg• a�G 10 23. Budget Amendments. • a. Budget Amendments FY 17/18 • b. Budget Amendments FY 18/19 24. Personnel Change of Status. Personnel Action Forms 25. Payment of Claims. 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. Fo � 8 3 Pg. a 27 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other andfor 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, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. I MINUTES NOVEMBER 13, 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, November 13, 2018 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-25: 3. Reappointment of the following to the Bryan & Brazos County Economic Development Foundation Board; term of appointment is 01/01/2019 -12/31/2020. • a. Mike Holmgreen Fol • b. Irma Cauley Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Acceptance of the following donations to Juvenile Services to be used to purchase holiday gifts for youth housed in the Juvenile Detention Center. • a. Five checks totaling $665 • b. $25 cash • C. $200 gift card • d. Package of socks valued at $8 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Acceptance of a $250 donation from Janice Buchanan with VALIC. Funds will be used for the Employee Benefits Fair and Luncheon. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Acceptance of a $100 donation from I nsurors of Texas General Agency. Funds will be used for the Employee Benefits Fair and Luncheon. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Acceptance of a $50 donation from Gloria White with Gloria White Insurance. Funds will be used for the Employee Benefits Fair and Luncheon. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 8. Acceptance of a $40 donation for two coupon books for the Health & Wellness Clinic Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Approval to issue a county Diners Club credit card to Jennifer Salazar, Human Resources Director with a credit limit of $1,000. Vol. _� 83 Po, X36 , Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Payment Authorization to Johnson Supply in the amount of $265.55. Invoice was not turned in before the end of 2018 budget year. This payment authorization was requested by Facility Services. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Annual agreement with Computer Information Concepts, Inc. for customer access and support. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Master Service and Purchasing Agreement terms and conditions from Axon Enterprise, Inc. for future purchases and for Purchasing personnel to sign quotes agreeing to those terms and conditions. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Vine Service Agreement Appendix D DI R -TSO -3937 (per Amendment 1) with Appriss Safety for FY 2019. A copy of the service agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Contract renewal with Victoria County for pre -adjudication detention services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Contract renewal with Victoria County for residential (post -adjudication) juvenile services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Vo 16. Approval of Bid 19-027, Seal Coat. Recommend award to Fuquay, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract 19-027 Seal Coat to Fuquay, Inc. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes. Aldrich, Berry, Catalena, Cauley, Peters. 17. Approval of pricing proposal 19-089 for Phase 2 of Goodson Bend with Gessner Engineering A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Approval of the Country Oaks Development Plat; being 6.356 Acres; Block 1, Lot 1; Samuel Davidson Survey, A-13; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Request permission to enter property of William Berger to clear brush on fence line at the intersection of Luza Lane and Fountain Switch Road for better site distance. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Kemp Road 2,140 feet south of FM 60. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Expenditure Journal Entries • FY18-19100181-100184 • FY18-19110014-110017 A copy is attached. vol. Pa. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Tax Refund Applications for the following: • a. Wiletta B. Smith - Overpayment $32.65 • b. Brent Tymrak - Overpayment $44.47 • c. The Beer Joint - Overpayment $172.88 • d. Paul & Sheri Luckemeyer- Overpayment $5.16 • e. 21 st Mortgage - Overpayment $366.15 • f. Ladislao & Esmeralda Rodriguez - Overpayment $71.69 • g. David & Michelle Kirkland - Overpayment $8.50 • h. Robin W illiams-Calahan - Overpayment $8.42 • i. Robert A. & Jennifer Spacek- Overpayment $7.98 • j. Amber Aguirre - Overpayment $82.65 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. Budget Amendments. • a. Budget Amendments FY 17/18 57.1 Reallocate funds for Records Management. • b. Budget Amendments FY 18/19 7.1 Reallocate funds for the Collections Department. 7.2 Reallocate funds for the Sheriff's Office - Crime Fund. 7.3 Transfer funds from Contingency Fund to Risk Management. 7.4 Reallocate funds for the Health and Wellness Clinic. 7.5 Transfer funds from Non -Departmental to County Clerk. 7.6 Transfer funds from Non -Departmental to Sheriff's Office -Administration. 7.7 Transfer funds from Capital Improvement Fund to District Attorney, Sheriff's Office -Administration, Sheriff's Office -Jail, and Constable, Precinct 2. 7.8 Reallocate funds for Constable, Precinct 3. 7.9 Transfer funds from Non -Departmental to Information Technology. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 24. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. vol. f3 Pg. a 33 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 25. Payment of Claims. Claims 8009485-8009732 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 26. Sheriff's report on inmate population. Sheriff Chris Kirk stated that the Sheriff's Office has started their "No Shave November' campaign to raise funds for Childhood Cancer. He said they have raised $9,000 so far. Sheriff Kirk stated there were 668 inmates in jail, 555 inmates are male and 113 are female, 57 have electronic monitors and 22are pending for monitors. 27. Announcement of interest items and possible future agenda topics. Commissioner Catalena announced that Thursday is the Annual Employee Thanksgiving Luncheon at the Brazos Center at 11:30 a.m. 28. Call for Citizen input and/or concerns Patrick Gendron commended Elections Administrator Trudy Hancock, her staff and the election workers on their hard work during the election. Mr. Gendron said that he escorted a friend to vote and there was a small glitch but Mrs. Hancock and her staff had it corrected quickly. He stated that Mrs. Hancock and her staff work long hours and do a great job. 29. Adjourn. Vol. pg. �'� I Pg t of 2/ BRAZOS COUNTY COMMISSIONER'S COURT /= DAY OF /�, � , 20 /8 cc AM/PM, Name (PLEASE PRINT) L�rNa G2lc_ 6fL-Dpr—&c , v A%' "J I K-0 I w'eP t'llwif'a I oyl i e IJ�a, �Zel�Sha rJ Organization (PLEASE PRINT) �4 Bc 2-- T- Vol. a 3 pg• Pg 2 -of 7i BRAZOSCOUNTY COMMISSIONER'S COURT I3-�kDAY OF , 20/f AM/PM, Name 1Nw1 .OWGeS Organization 9)(j Vol. J7 3 pg. a J I The foregoing minutes of the Commissioners Court Meeting held November 13, 2018 have been examined and are approved in open Court this 4°i day of December 2018, in Bryan, Brazos County, "Texas . Duane Peters County Judge Sammy Cat ena Commissi ner, Precinct 2 Commissioner, I e inct 4 Attest: Karen McQueen County Clerk L Steve Aldrich Commissioner, Precinct 1 &4n-' Nancy Berry Commissioner, Precinct 3 Vol. --WS-f Pg. _,137 I BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY a DONATION OF COUNTY PROPERTY Date: November5,2018 31000),00 Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑ Acceptance of Donated Inmate Property (Requires signed inmate documentation - NO VALUE ASSESSED) Item Description: Checks, $25 cash, $200 gift card, Socks Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank --fields-will-be-returned for completion. - - ----- - ---- --- - - - - ---- - Make: Model: Year: SN/VIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: 5 Checks totals $665, Cash $25, Gift Card $200, package of socks valued @ $8.00 to be used to purchase holiday gifts for youth housed in the Juvenile Detention Center Estimated Value: $ 898.00 Check the appropriate account based on esti rated value of property being accepted: ❑ ^ 61235000 (Donation -Other)* ❑ 60010000 (No Asset Tag- Under $500) ❑ 67010000 (Minor Property -$500-$4999) ❑ 80010000 (Capital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation - Other to be used for fends donated to Brazos Countyfor use of a non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Juvenile Dept Department Name Organization Receiving Donated Property: Authorized Signature Authorized Signature Appr by Commission Courton this J 0 day of V901 Commissioners Court Approval pg BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑ Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: $250 for the Benefits Fair Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN #: ❑ Functional ❑ Non -Functional. Explain ifNon-Functional Additional Description/Information: Estimated Value: Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on Check the appropriate entity property being estimated value of property being accepted: donated to: ❑i: 61235000 (Donation - Other)* Government Entity: ❑ 60010000(No Asset Tag-Under$500) Organization Name ❑ 67010000 (Minor Property - $500 - $4999) Other (Due to Statuatory E390010000 (Capital Property-Over$5000) requirements prior approval is required by Purchasing: Organization Name *Donation — Other to be used for funds donated to Brazos County for use ofa non -county expenditure I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become apart of the General Fixed Asset Account of Brazos Comity. The determination to acceptor reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Human Resources Dept Department Name _ ... _ Organization Receiving Donated Property: Authorized Signature I A r� ?�) �_ Authori Si nature Approved Commissioners Court on this t✓ _ day of V OV �. Commissioners Court Approval � Vol- F'g. �, 3 - I BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY + DONATION OF COUNTY PROPERTY Date: 11/05/18 Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation—NO VALUE ASSESSED) Item Description: $100 for the Benefits Fair Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNiN it: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Estimated Value: of Donated Check the appropriate account based on estimated value of property being accepted: Q 61235000 (Donation - Other)` ❑ 60010000 (No Asset Tag -Under $500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) uonauon Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name "Donation — Other to be used for funds donated to Brazos CountyJor use of a non -county expenatture. 1 certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. I Requesting Department: Human Resources Dept Department Name Author' cd 'ignature Organization Receiving Donated Property: Authorized Signature Approved b Commissioners Court on this 6 day of Commissioners Court Approval Vol. Y_3 pg. ,?el!� ;9_� BRAZOS COUNTY, TEXAS F ACCEPTANCE OF DONATED/AWARDED PROPERTY 9'' � " DONATION OF COUNTY PROPERTY Date: 11/05/18 Q Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: $50 for the Benefit Fair Luncheon Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year. SN/VIN d: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Estimated Value: or uonatea Checkthe appropriate account based on estimated value of property being accepted: 0 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag - Under $500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property -Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other to be usedJorJunds donated to Brazos CountyJor use of a non -county expenauure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The detennination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Human Resources Dept Department Name L'V�lw Auth r c Signature Organization Receiving Donated Property: Authorized Signature ------------------------- —------- —--------- 0* -/-�----- ��77 M j _ ,, -- ------------------------- Approved by��C\p\mmissioners Court toonn this 0*day of V e r lYYli/( I Commissioners Court Approval Vol. —.1�_ peg. �/ . Date: A ` - S BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed d inmate documentation —NO VALUE ASSESSED)^ Item Description: t '01`1(�inC Please provide all information requested below as applicable to the property being accepted or donated. fields will be returned for completion. Make: Model: Year: SN/VIN#: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information:no L i� / Forms containing any blank 00 Estimated Value: q b Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value ofproperty being accepted: 61235000 (Donation - Other)* 60010000 (No Asset Tag -Under $500) ❑ 67010000(Minor Property -$500-$4999) ❑ 80010000 (Capital Property - Over $5000) Check the appropriate entity property being donated to: Govenunent Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Nam to be usedforfunds donated to Brazos Countyfor use ofa non -county ezpendieure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. ,r�,` Requesting Department: �KQ��11�W��`,�\'�i(i Department Name _FthuriT ignatur Organization Receiving Donated Property: Authorized Signature Approv Comm i ton this I V' . day of� Commissioners Court Approval F -- ate_. Fq 91�1t ANNUAL PEOPLEWARE AGREEMENT THIS AGREEMENT is made and entered into as of November 1, 2018, by and between Computer Information Concepts, Inc. 2843 31" Avenue Greeley, Colorado 80631 a Colorado Corporation, hereinafter referred to as "CIC" and Brazos County 200 S. Texas Ave. Ste. 352 Bryan, Texas 77803 hereinafter referred to as "Customer". WITNESSETH: WHEREAS, CIC has determined to provide Customer access to support, enhancements and training for Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment, hereinafter referred to as "Annual PEOPLEWARE" and additional products and/or services Customer may request in the future, to maintain or enhance Customer's automation environment, hereinafter referred to as "Products / Services'; and WHEREAS, Customer has elected to purchase CIC's Annual PEOPLEWARE as evidenced on Exhibit A, attached hereto and by this reference made a part hereof, and in the future may purchase additional Products / Services, as, will then be evidenced on Exhibit B(s), "SAMPLE" attached hereto and by this reference made a part hereof. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree that CIC will deliver Annual PEOPLEWARE to Customer, twenty-four (24) hours/day, seven (7) days/week. ANNUAL PEOPLEWARE A. Hardware Maintenance - CIC will assist in problem determination and cooperate with Customer and Customer's maintenance personnel to maximize up time. Although CIC may recommend computer hardware maintenance options, actual agreement execution and resultant costs, remain Customer's responsibility. Emergency BackuQ - CIC will provide personnel to assist Customer in locating backup computer hardware; coordinate the temporary relocation of Customer's operating / application systems / data and assist in Customer's emergency processing, at CIC's then current hourly rate. Page 1 of 8 vol. �Z r3 Pg. 3 d B. Software Operating Stems — CIC trained personnel will promptly respond / resolve all connectivity and communication questions, problems, etc, encountered in the use of your hardware, operating systems, local area and wide area networks, including hubs, routers, VPN devices, communication lines, etc. and will inform, recommend and assist you in ordering / pre -testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC. Application Systems — CIC develops and maintains a working knowledge of not only the Application Systems, but more importantly, how each of our many features are currently used in your operation, permitting our PEOPLEWARE Team's active participation in recommending procedural changes necessary to increase utilization of our new features and enhancements as they become available. Following initial implementation, CIC will continue to inform, recommend and assist in ordering, providing and pre -testing all new Application System Releases, Enhancements and/or Program Temporary Fixes from CIC's vendors, as necessary, to maintain your software at a level supportable by CIC. Future Releases /Enhancements / Program Temporar Fixes —CIC will inform, recommend and assist Customer in ordering / pre -testing all future operating or application system releases, enhancements and/or program temporary fixes from CIC and CIC's vendors necessary to maintain Customer at a level supportable by CIC. Actual acquisition and/or on-site installation / implementation costs for such future releases, enhancements and/or program temporary fixes remain Customer's responsibility unless specifically included on Exhibit A. C. PEOPLEWARE "INSTANT Response" — Customers utilizing our "Internet Accessible" Annual PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty -Four (24) Hours/Day— Seven (7) Days/Week, may enter their specific questions and/or concerns in their own words, attach all related screen / report images for further clarification, select priority / maximum response times of IMMEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support call action. 1. APS provides retrieval / displays CIC's resolution documentation for a date range within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future. 2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code", saving you valuable time normally spent looking for your current copy of CIO's manual or the applicable section, page and paragraph. 3. APS enables our Customers to confirm CIC's open support call status (Internet & Telephone), reassignment, escalation and projected resolution date / time plus provide an opportunity for our Customers to add additional information to their original open call(s) at any time. 4. When requested, APS displays a list of current "PeopleWires", which describe CIC known problems / issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability. Page 2 of 8 Vol. �Z d 3 Pg. 4 aZI 5. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all associated Actions and Resolutions, that have been closed within the past year by "Keyword", Date Range and/or Reference Number. Toll Free Access — CIC will continue to provide Customer with toll free telephone access plus CIC's assistance in entering Customer's questions / concerns and requested maximum response time of 2, 4 or 8 working hours into CIC's Annual PEOPLEWARE System. Su ort — In summary, CIC will provide the computer hardware, operating and application systems, communication networks and/or other related support necessary to assure Customer's optimum utilization of existing / future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, by telephone, "DESKTOP Response" and/or "ON-DEbIAND Response unless, dependent upon severity, expediency and other pertinent factors, CIC determines to travel to Customer's location. Trainin¢ - CIC will also provide the computer hardware, operating and application systems, communication networks and/or other related training necessary to assure Customer's optimum utilization of existing / future functionality regardless of Customer's employee turnover, reassignment and/or fimtme operating or application system releases, enhancements and/or program temporary fixes, at CIC's then current telephone / "DESKTOP Response" / "ON-DETMAND Response" hourly rates or regional workshop / on-site daily rates. Problem Identification / Vendor Communication - Customer assumes responsibility for identifying probable cause and providing additional information as required, to assist CIC and CIC's vendors in resolving Customer's questions / concerns. CIC assumes exclusive responsibility for communicating and coordinating with all vendors in resolving Customer's questions / concerns. Products / Services - CIC will maintain the configuration, system / communication schematics, file utilization and staff knowledge necessary to assure the continuing compatibility of any Products / Services purchased from CIC with Customer's existing computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment. Site Evaluation - CIC will periodically review and discuss Customer's satisfaction with the Annual PEOPLEWARE and Products / Services provided by CIC and CIC's vendors, the effectiveness of Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment and recommend additional Annual PEOPLEWARE and/or Products / Services for Customer's consideration. GENERAL Delivery - Although CIC may assist Customer in purchasing and coordinating the timely delivery and installation of Products / Services from CIC's vendors, CIC shall not be liable for any damages, penalty for delay in delivery and/or failure to give notice of delay when such delay is due to acts of God, delay in transportation, delay in delivery or any other causes beyond the reasonable control of CIC. Access - Subject to statutory or Customer determined limitations, Customer agrees to permit CIC's employees access to Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment including access to Customer's Internet connection and a telephone, for purposes of performing CIC's obligations under this Agreement. Page 3 of 8 Vol. -g Pg _� 5�I Customer further agrees to make its employees available to CIC at Customer's location to facilitate effective implementation / utilization of Annual PEOPLEWARE and/or Products / Services and understands that failure to do so can result in additional CIC effort / time, wbieb may be billable to Customer. Non -Disclosure - CIC and Customer acknowledge confidential information considered proprietary by one of the parties may be furnished by it to the other party from time to time in the performance of this Agreement. CIC and Customer agree to not discuss, reveal or provide such confidential information except to the extent disclosure is required by law or by an order of a court of competent jurisdiction. The parties further agree the proprietary nature of CIC's Annual PEOPLEWARE procedures and related documentation are of substantial importance and it shall be Customer's obligation to protect said procedures and related documentation from unauthorized disclosure or use and to destroy all such confidential information upon the expiration or termination of this Agreement. Additional Expenses — All miscellaneous expenses incurred by CIC, i.e., travel, mileage, lodging and meals are additional and will be invoiced at cost and paid monthly to CIC by Customer upon receipt of invoice, unless otherwise stated herein. Financial Liability — Each party shall be solely responsible for any liability resulting from that party's negligence. Ownership - Customer will defend and indemnify CIC against any claim or legal proceedings with regard to Customer's proprietary rights to use all computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment. CIC will defend and indemnify Customer against any claim or legal proceedings with regard to CIC's proprietary rights to provide the Annual PEOPLEWARE and Products / Services delivered in this Agreement subject to CIC's and CIC's respective vendor software license agreements, which CIC shall provide and Customer agrees to sign. Warranty and Limitation of Remedy - CIC warrants the Products provided hereunder will perform according to the respective vendor's and CIO's published specifications, that any and all such warranties provided by the manufacturers or original vendors shall be passed on and inure to the benefit of the Customer. CIC further warrants the Annual PEOPLEWARE and Products / Services provided under this Agreement will not prevent the Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment from operating and providing the functionality previously available to Customer. The warranty stated herein shall survive during the entire term of this Agreement. The aforesaid warranty and CIC's obligation and liabilities thereunder are in lieu of, and Customer hereby waives, all other guarantees and warranties and all obligations and liabilities thereunder, expressed or implied arising by law or otherwise, including without limitation any implied warranty of fitness for a particular purpose or of merchantability, and all obligations and liabilities with respect to loss of use, indirect and consequential damages including but not limited to loss of profits or revenue, loss of use of equipment, costs of substitute equipment, or other down-time costs. Customer agrees CIC's maximum liability will be limited to the EXFB BIT A - ANNUAL PEOPLEWARE TOTAL CIC received in the most recent year, minus any funds owed or disbursed for support and enhancements. Page 4 of 8 Vol. �7,f.3 - nq it Non -Employment - Independent of any other obligation under this Agreement, CUSTOMER and CIC agree to not intentionally, whether directly or indirectly, whether as an individual for its own account, for or with any other person, firm, corporation, partnership, joint venture, association, organization, or other entity whatsoever, interview or attempt to employ, contract with or otherwise obtain the services of a current or former employee of the other party without such party's approval, for a period of one (1) year after completion of this Agreement. The interviewing company agrees to inform the employee that notification must be made to their current (or past) employer prior to any offer being extended to the individual. This provision is not intended to restrict the civil rights or liberties of any private individual, but to curtail counter productive human resource depletion of one (1) party for the advantages of the other party while both parties have rights and obligations under this Agreement. Execution / Term - This Agreement is in full force and effect as of the date of execution, for one (1) year from the day and year first above written and shall be considered renewed annually by CIC's issuance of an invoice for this same EXHIBIT A - ANNUAL PEOPLEWARE TOTAL or in subsequent years, CIC's revised EXHIBIT A - ANNUAL PEOPLEWARE TOTAL and invoice paid by Customer, within thirty (3 0) days of each renewal date. Notwithstanding the foregoing, Customer may terminate this Agreement for cause upon ninety (90) days written notice to CIC and the EXHIBIT A - ANNUAL PEOPLEWARE TOTAL received by CIC in the most recent year, minus any funds owed or disbursed for support and enhancements, prorated through the date of such termination, returned to Customer, providing CIC is given such ninety (90) days to resolve the issues at hand to Customer's satisfaction. Either party may also terminate this Agreement in writing, at least ninety (90) days prior to each renewal date. Governing Law - This Agreement constitutes the entire Agreement between the parties, and shall be construed in accordance with the laws of the State of Texas, Waiver — The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. Assignment — This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors in interest and not for the benefit of any other person or legal entity. Although CIC may assign data translation, installation, training, support and enhancement development to its vendors, distributors and/or subcontractors, CIC shall at all times be responsible for their performance. Entire Agreement -The Agreement and the attachments hereto represent the entire agreement between the parties and shall supersede all existing contracts and/or agreements previously executed between said parties, with respect to the subject matter hereof. All parties have negotiated this Agreement at arms length, and no party shall be deemed as the drafter of the Agreement for purpose of interpreting any potential ambiguities in the Agreement and each provision and Exhibit hereof, may be modified only in writing duly executed by all parties. In the event Customer issues a purchase order or other instrument for the Annual PEOPLEWARE and/or Products / Services herein specified, it is understood and agreed that such purchase order or other instrument is for the Customer's internal use and purpose only and shall in no way affect any of the terms and conditions of this Agreement, Page 5 of 8 iii i Status - CIC shall be considered an independent contractor, and this Agreement does not constitute or imply that CIC is or will be an employee of Customer. Insurance — During the term of this Agreement, CIC shall carry and maintain Workmen's Compensation and Employer's Liability Insurance covering its employees in accordance with statutory requirements applicable to the performance of its business. Subject Headings - The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provision. Severability - In the event that 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 provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement shall continue to remain in effect. Notices - The notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States Mail, postage prepaid, to the other party at the address previously indicated. The parties hereto have executed this Agreement the day and year first above written. By: V6 . By: Computer Information Concepts, Inc. Braz County, Texas Page 6 of 8 Vol. 3 pg. a� Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) and Brazos County, Texas, dated November 1, 2018 ANNUAL PEOPLEWARE $ .00 Support — Operating Systems $ .00 — Server Farm "Without an On -Site Full Time Network Technician" $ .00 — Personal Computer / Server, Department and/or County File Server(s) "With an On -Site Full Time Network Technician" $ 750.00 — Department / County with Maximum of Six (6) Hardware Devices "Without an On -Site Full Time Network Technician" $ 1,500.00 — Personal Computer / Server or Department File Server "Without an On -Site Full Time Network Technician" $ 2,500.00 — County File Server(s) "Without an On -Site Full Time Network Technician" CIC trained personnel will promptly respond by telephone, DESKTOP Response and/or ON -DEMAND Response to all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks during operation of the following Application Systems and will inform, recommend and assist you in ordering / pre -testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC. On -Site operating system support and installation / configuration of new equipment is additional and will be invoiced in one (1) hour increments at CIC's then current travel & on-site hourly rates plus mileage, lodging and meals at cost and paid monthly to CIC by Customer upon receipt of invoice. 5,220.00 Support—Application Systems 5,020.00 Tax Collection Accounting (General Ledger, Banking & Investments, Daily Statement Balancing, PACS Integration, Cash Receipting, Taxes Payable) 200.00 INSTANT Sharing/ Seat—Four (4) Seats 1,230.00 Enhancements—Application Systems 1,230.00 Tax Collection Accounting (General Ledger, Banking & Investments, Daily Statement Balancing, PACS Integration, Cash Receipting, Taxes Payable) (260.00) Annual Peopleware INSTANT Response Support Call Log Credit —100.00% Logged $ 6,190.00 ANNUAL PEOPLEWARE TOTAL Page 7 of 8 Fod. d 3_ ,. "SAMPLE" Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) and Brazos County, Texas, dated November 1, 2018 PRODUCTS / SERVICES TO BE PROVIDED: Description Qty Retail Discounted TOTAL RETAIL PRICE $x,xxx.xa TOTAL EXHHIIT PRICE $x,xxx.xx Miscellaneous Expenses, i.e.; travel, mileage, lodging, meals, etc., at cost, will be paid by Customer upon receipt of a separate CIC invoice. SCHEDULED DELIVERY: It is anticipated the Products / Services will be delivered / provided within thirty (30) days after CIC's receipt of this signed exhibit and your Check or Purchase Order. ACCEPTANCE / PAYMENT TERMS: To complete the ordering process, please: 1. Mail a signed copy of this Exhibit along with your Check for the Total Exhibit Price to 2843 31st Avenue, Greeley,Colorado 80631 M 2. Fax a signed copy of this Exhibit along with your Purchase Order for the Total Exhibit Price to (970) 330-0839. Full Payment will then be due and payable upon delivery of the Products / Services. Failure to execute within twenty (20) days will render this Exhibit null and void. L-2 Computer Information Concepts, Inc. Exhibit Date By: Customer Acceptance Date Page 8 of 8 vol. �3 _ Pg.>� Forms provided by Texas Ethics Commission .state.tx.us Version V1.0.6711 Vol. c? F4. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1-4 and 6 Nthere are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2018-419207 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Computer Information Concepts, Inc. Greeley, CO United States- Date Filed: 10/25/2018 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. CIC Annual Peopleware Agreemen Software Support and Enhancements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Computer Information Concepts, Inc. Greeley, CO United States X 5 Check only If there is NO Interested Party. ❑ a UNSWORNDECLA ATION My name is') and my date of birth Is My address IsW> i� t o � , , (sheep (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. ,A, Ere "��' County, State/n1 , of - cal ).,on the day of 660. , 20�. . MELAYNA R CLARK-RAEL (month) (year) NOTARY PUBLIC // STATE OF COLORADO �4 / NOTARY ID 20084023D76 f�% MY COMMISSION EXPIRES JULY D2, 2D20 Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission .state.tx.us Version V1.0.6711 Vol. c? F4. DocuSign Envelope ID: 4EGBCC33-6FB14520-A010-BA9A2C7B5F50 Ak AXON Master Services and Purchasing Agreement This :Master Services and Purchasing Agreement (the Agreement) by and between Axon Enterprise, Inc., (Axon or Party) a Delaware corporation having its principal place of business at 17600 N 851^ Street, Scottsdale, Arizonai:85255, and the Agency listed on the Quote (Agency, Party or collectively Parties), is entered into the later of (a) the last signature date on this Agreement, or (b):the signature date on the quote (the Effective Date). This Agreement:sets forth the terms and conditions for the purchase,, delivery, use, and support of Axon Products and Services as detailed in the Quote Appendix (the Quote), which is hereby incorporated by reference. In consideration of this Agreement, the Parties agree as follows: Term. This Agreement will commence on the Effective Date and will remain in full force.and effect until terminated by either Party, The Agency may renew the terms and conditions of this Agreement for an additional 5 years upon the execution of a new pricing Quote. New products and services may require additional. terms and conditions. Axon services will.not be authorized until a signed Quote or Purchase Order is accepted by Axon, whichever is first. Definitions. "Confidential Information" means all nonpublic information. disclosed by Axon,.Axon affiliates,. business partners of Axon or their respective employees,. contractors or agents that is designated as confidential or that,:given the nature of the.information or circumstances surrounding its: disclosure, reasonably should be understood to be confidential. "Evidence.com Service" means Axon web services for Evidence.com, the Evidence.com site, Evidence .Sync software, Axon Capture App, Axon View App, other software, maintenance, storage, and any product.or service provided by Axon under this Agreement for use with Evidence.com. This does not include any third -party applications, hardware warranties, or my:evidence.com services. "Products" means all hardware, software, cloud based services,.and software maintenance releases and updates provided by Axon under this Agreement. "Quote" is an offer to sell, and is valid only for products and services listed on the quote at prices on the quote. Any terms and conditions contained.within the Agencys purchase order in response to the Quote will be null and void and shall have no force or effect.,Axon is not responsible for pricing, typographical, orother errors in any offer by Axon and Axon reserves the right to cancel any orders resulting from such errors. "services" means all services provided by Axon pursuant to this Agreement. Payment Terms. Axon invoices upon shipment, unless otherwise specified in the Quote. Invoices are due to be paid within 30 days of the date of invoice, unless otherwise specified by Axon. All orders are subject to prior credit approval. Payment obligations are non -cancelable, fees paid are non- refundable, and all amounts payable will be made without setoff, deduction, or withholding. If a delinquent account -is sent to collections, the Agency is responsible for all collection and attorneys' fees. In the event the,Agency chooses a phased deployment for the Products in the Quote, the Quote tm Wv..s..ka.m N+CrW gwmimer.,.naon Wlpe� Dwp� epi PC. aseZ I I Page 1 of 35 DocuSign Envelope ID: 4E6BCC33-6FB1-0520-A010-BA9A2C7B5F50 Al AXO N pricing is subject to'change if the phased deployment changes. 4 Taxes. Unless Axon is provided With, a valid and correct,tax. exemption: certificate applicable: to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. :5, Shipping: Title: Risk of Loss: Rejection. Anon reserves the right to make partial shipments and Products maysh p from multiple locations. All shipments are FOB Shipping Point via. common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by Axon. The Agency is responsible for any shipping charges on the Quote. Shipping dates are estimates only. The Agency may reject Products that.do not match the Products listed ;in the Quote, are damaged, or non- functional upon receipt (Nonconforming Product) by providing Axon written notice of rejection Within 10 days of shipment. In the event the Agency receives a Nonconforming Product; the.Agencys sole remedy is to return the Product to Axon for repair or replacement as further described in the Warranties Section. Failure to notify.Axon within the 10•day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by, state or federal law. Warranties. 7:1 Hardware Limited Warranty. Axon warrants that its law enforcement hardware Products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the. balance of the 1 -year limited warranty term plus the term of the extended warranty measured from the date of expiration of the 1 -year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operatedproperly. Axon - .manufactured accessories are covered under a limited 90 -DAY warranty from the date of receipt. Non -Axon manufactured accessories, including all Apple, and Android devices, are covered under the manufacturer's warranty- in the event of a warranty claim for an Apple or Android device, the Agency should contact the manufacturer. If Axon determines that a valid warranty claim is received, within the warranty period, Ps further described in the Warranty Limitations section, Axon agrees to repair or replace the. Product.. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's ,option, 7.2 Warranty Limitations. 7.2.1 The warranties do riot apply to and Axon will notbe responsible for any loss, data loss, damage, or other liabilities arising from damage; (a) from failure to follow instructions relating.to the Products use; (b) caused by use with non -Axon products or from the use of cartridges, batteries or other components that are not .manufactured or recommended by Axon; (c) caused by abuse, misuse, intentional ordeliberate damage to the Product, or force majeure; (d) to a Product or part that has been repaired; or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) to any Axon Product whose serial number has been removed or defaced. 7.2.2 To the extent permitted bylaw, the warranties and the remedies set forth above 'IICe '11uY,.S.Mn, v4 Wr,lv�:9�Y k^^^:hMwn Ma n4 A,, Wn Page 2 o 35 Vol. �, J3 Pg.3 DocuSign Envelope ID: 4E6BCC33-6FB14520-A010-BA9A2C7B5F50 4& AXON are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or 'implied warranties cannot be lawfully disclaimed, then all such warranties -are limited to the duration of the express warranty described above and limited by the other provisions contained in this. Agreement. 7.2.3 Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or :actions arising out of or relating to any Axon Product will not exceed the purchase price paid to Axon for the Product or if for Services, the amount paid for such Services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damage's, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7:3 Warranty Returns. If a valid warranty claim is received by Axon within the warranty period, Axon agrees.to repair or replace the Product that Axon,determines:in its sole discretion to ,be defective under _normal use, as defined in the Product instructions. Axon's sole responsibility' under this warranty is to either repair or replace with the same or like Product; at Axon's option. 7.3.1 For .warranty return and repair procedures, including troubleshooting guides, please go to Axon's websites www.axon.comisupport or www.evidence.comas indicated in the appropriate Product User manual or quick start guide. 7.3.2 Before delivering Product for warranty service; it is the Agency's responsibility to upload the data contained in the Product to the Evidence.com Service or download the Product data and keep a separate backup copy of the contents. Axon is not responsible for any loss of software programs; data, or other information contained on the storage media or any other part of the Product: 7.3.3 A replacement Product will be new or like new and have the remaining warranty period of the original Product or 90 days from the date of replacement or repair, Whichever period is longer. When a Product or part is exchanged,.any replacement item.becomes Agency's property and the replaced item becomes Axon's property. 8 Product Warnings. See Axon's website at www.axon.comllegal'for the most current Axon product warnings. 9 Design Changes: Axon reserves the right.to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to.make the same change to products and services previously purchased. 10. Insurance. Axon will maintain, at Axon's ownexpense and in effect during the Term, Commercial General Liability Insurance, and. Workers' Compensation Insurance and Commercial Automobile Insurance, and will furnish certificates ofinsurance or self-insurance upon request. 11 Indemnification. Axon will indemnify and defend the Agency's officers, directors, and employees .(Agency Indemnitees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of Axon under or related to this Agreement, 1Ne Wd.fw.4v. mORvalwip •P..��mh Mw.uo Yon u4 tpe:wy Page 0/ 35 Vol. o? 3 pg. = - DowSign Envelope ID: 4E6BCC33-6FB1-4520-A010-BA9A2C7B5F50 c AXON except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 12 IP Rights. Axon owns and reserves all right, title, and interest in the Axon Products and Services, and related software, as well as any suggestions made to Axon. 13 IP Indemnification. Axon will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or -relating to any third -party claim alleging that use of Axon Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide Axon with prompt written notice of such a claim, tender to Axon the defense or settlement of such a claim at Axon's expense, and cooperate fully with Axon in the defense or settlement of such a claim. Axon, has no liability to the Agency :or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a), any modification of the. Evidence.com Service by the Agency or any third part ,y approved by Axon; (b) use of the Evidence.com Service in connection or in combination with equipment, devices, or services not approved or recommended by.Axon; (c) the use of Evidence.com Service.other than as permitted under this' Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software. provided by Axon as part of or in connection with the Evidence.com Service. Nothing in this Section will affect any warranties in :favor of the Agency that are otherwise provided in or arise out of this. Agreement. 14 Arency Responsibilities. The Agency, is responsible for (i) use of Axon Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) breach.of this Agreement or violation of applicable law by the Agency or any of the Agenc)(s end users, (iii) Agency Content or'the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of AgencyContent, fiv) a dispute between the Agency and any third party over Agency use of Axon Products or the collection or use of Agency Content, (v)anyhardware or networks that the Agency connects to the Evidence.com Service, and (vi) any security settings the .Agency establishes to.interact with or on the Evidence.com Service. 1s Termination. 15.1 By Either Party. Either Party may terminate for cause upon 30 days advance. notice to the other Party if there is any material default or breach of this Agreement by the other Party; unless the defaulting Party has cured the material default: or breach within the 30 -day notice period. In the event that the Agency terminates this Agreement due to Axon's failure to cure. the material breach:or default, Axon will issuea refund of any prepaid amounts on a prorated basis from the date of notice of termination. 15.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the Agencys'then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement Page 46f 35 VaYSYW: ]/,N616 _ Pg. -Z,�� DowSign Envelope ID: 4E6BCC33-6FB1-4520-A010-BA9A2C7B5F50 AXON may be terminated by the Agency. The Agency agreesto:deliver notice of termination_ under this Section at least 90 days prior to the end of the Agency's then current fiscal year, or as soon as reasonably practicable under the circumstances. 15.3 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement Immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the -date of termination; and (c). Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the-Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and. Payment, Software Services:Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. If.the, Agency purchases Products for value less than the Manufacturer's Suggested Retail Price (MSRP) and this Agreement is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the, MSRP for the Products received: and not already paid for; or (b) only in.the case of termination for non - appropriations, return the .Products to Axon within 30 days of the date of termination. For bundled Products,:the MSRP is the value of all standalone components of the bundle. 16 General. 16.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure;, dissemination or unauthorized use of either Partys Confidential Information. Except as required by applicable law, neither Party will disclose either Partys Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. Unless the Agency :is legally required to disclose Axon's pricing, all Axon pricing is considered confidential and competition sensitive. To the extent allowable by law, Agency will provide notice to, Axon priorto'any such disclosure. Notwithstanding the above, Axon retains the right to publicly announce. information pertaining to this Agreement: As;a.publicly traded company, Axon has a duty to provide shareholders with information on material agreements. 16.2 Excusable delays. Axon will use commercially reasonable. efforts to deliver all Products and Services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control, Axon has, the right to delay or terminate the delivery with reasonable. notice: 16.3 Force Majeure. Neither Party will be liable for'any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances; systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, orwar... 16.4 Proprietary Information. The Agency -agrees that Axon has and claims vanclus_proprietary' rights in the hardware, .firmware, software, and the integration of ancillary materials; knowledge, and designs that constitute Axon products and services; and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16.5 independent, Contractors. The Parties are independent contractors. Neither Party, nor any tY' ,Ye,SwMN. of Vur[NI,q �Pwewn, 4f�pn Nnn W�partj Eol 71-- -3-p Pg Page 5 o 35 DowSign Envelope ID: 4E6BCC33-6FB1-4520-Ao10.BA9A2C7B5F50 A AXON of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 16.6 No Third -Party Beneficiaries: This Agreement does not create any third -party beneficiary rights in any individual or entity that is not a party to this Agreement.. 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement; neither the Parties nor the Partys employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color,. religion, gender, age; national origin, handicap; marital status, or political affiliation :or belief. In all solicitatidh5 or advertisements for employees, agents; subcontractors or others to be engaged by a Party or placed by or on behalf of,a Party, the solicitation or advertisement shall state all qualified applicants shall receive, consideration for employment without regard to race, color, religion; gender, age, national origin, handicap, marital status, or political affiliation or belief. 16.8 U.S: Government Rights. Any Evidence.com Service, provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation;" and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Service. if the Agency is using the Evidence.com Services on behalf of the U.S. Government and these terms.fail to meet the.U.S. Government's needs.or are inconsistent in any respect with federal law, the Agency will immediately discontinue use of the Evidence.com Service. The terms"commercial item :' "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re -'import, export, and re-export control laws and regulations. 16.10 Assignment. Neither Party may assignor otherwise transfer this Agreement without the prior written approval of the other Party. Axon may assignor otherwise transfer this Agreement or any, of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to an affiliate or subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Parry to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Partys right to enforce the provision at a later time. 16.12 Severability: This Agreement is contractual and not amere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain. in full force and effect. 16.13 Governing Law; Venue The laws of the state where the Agency is physically located, without ltla: `Il+s-r$aMmcEPUMaliq 1p!,wpmilbv�.e,n Aauv WPps,M1 Page 6 of 35 ft.Nvew. . DocuSign Envelope ID: 4E6BCC33-6FB1-4520-A010-BA9A2C7B5F50 AXON reference, to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agencys• Evidence'.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices:provided by personal delivery will be effective immediately. Contact information for notices:. Axon: Axon Enterprise, Inc. Agency: Attn: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@axon:com 16.15 Entire Agreement. This Agreement, including the Appendices attached hereto, and the Quote. provided by Axon, represents the entire agreement between the'Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement:, No modification or amendment of any portion of this Agreement will be effectiveunless in writing and signed by the Parties to this Agreement. if Axon provides a translation of the. English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 16.16 Counterparts, If this Agreement form requires the signatures .of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to.be duly executed„ Each Party warrants and represents that its respective; signatories, whose signatures appear below, have been and are, on the date of signature, duly authorized to execute this Agreement. Axon Enter rps es Incgql Agency 0vbt� 1/Vi ttu, Signature: Rob e ajm cze... r�sme: Na Name: Name: _ Title: VP, ASSOC. General counsel Title: Dat ..10/29/2018 12:11 PM MST Date;_. rma rw�,f:m�ma s;aw.mp�aA�oa.,a+a.�..c.ven, oewgrwe: i.yi p.a�. o.o� rntru FVol. �3 Pg. Pagel of 35 APPRISS SAFETY - VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) VINE® SERVICE AGREEMENT DIR-TSO-3937 AP P R I SSt2 7 ° SAFETY DIR-TSO-3937 APPENDIX D (per Amendment 1) VINE® SERVICE AGREEMENT VINE 20140114 Agreement No. 1989474-2019 Va. 02,' Pg. s� APPRISS SAFETY — VINEO SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) Agreement No. 1989474-2019 BETWEEN: Appriss Safety 9901 Linn Station Rd., Suite 500 Louisville, KY 40223-3842 Date: September 1, 2018 CUSTOMER: Brazos County 200 South Texas avenue, #224 Bryan, TX 77803 L Appriss Safety (the "Service Provider" or "Appriss") hereby agrees to provide victim notification services known as the VINE® Service as described herein (the "Services"). A. The Services will be provided to: Brazos County (the "Customer"). The Customer hereby agrees to purchase from the Service Provider the Services on the terms and conditions of DIR Contract No. DIR-TSO-3937 and hereinafter set forth herein. B. The Services will be provided in connection with the following sites: 1. County Jail 2. District Court This Agreement shall be effective as of September 1, 2018 and continue for Twelve (12) consecutive months. Billing of `Recurring Operational Fees' shall not affect the Service Agreement renewal date C. Description of Services. VINE® Service - Subject to the terms, conditions and limitations of DIR Contract No. DIR-TSO-3937 and contained herein, the Service Provider shall: 1. Be responsible for all development associated with the processing of the notification signal and the actual notification attempts once the signal has been transmitted. 2. The Customer and its Participating Agencies at each site will assist the Service Provider in coordinating initial work required by the existing vendors or in-house resources. Where applicable, costs of postage and stationary are excluded. 3. Dedicate a special telephone number for the Customer's use of the VINE Service Center. 4. Process incoming and outgoing victim calls. a. Victim notification calls only occur after the Customer manually enters the required data into the Customer's automated system which creates a file with the required data that is transmitted to the VINE Data Center. b. Upon receipt of the required data, the notification processes as defined in the VINE proposal are performed. c. After the initial start-up period, the Customer (Participating Agencies at each site) is responsible for making modifications to their automated system (Booking System) and will manage their internal resources and/or system vendor to modify or provide the required programming to provide the Service Provider with the data required. VINE 20140114 Agreement No. 1989474-2019 F O.. aS.__� - P9. � 10 APPRISS SAFETY — VINE`S SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) The Customer shall bear all costs associated with these changes or modifications to their existing automated system after the initial connection. The Service Provider acts only in the capacity of technical advisor to assist in this work. 5. Provide support services on a 24 hour a day, 7 -days a week basis through its Customer First Center (the "CFC") IL Supplies and Materials. The Service Provider shall make available certain materials and supplies to the Customer for use in introducing VINE to the community. The creation of print, radio and television PSAs is included in the fees. A. Appriss will provide support materials in agreed upon quantities for all VINE services onetime per contract year as part of the recurring operational fees. 1. At the Customer's expense, support materials in excess of agreed upon quantities may be purchased from the Service Provider at our published pricing. B. The creation of radio and television Public Service Announcements (PSAs) is included in the service as well. 1. Appriss will provide a tailored version of our stock television PSA at no additional charge. 2. Radio PSAs will be produced and provided on a CD at no additional charge. The radio PSA can also be sent electronically for distribution by email or posted on websites. )a Fees and Commissions. Prior to this Agreement being valid, and service to begin: A. The Service Provider must receive a purchase order from the Funding Source (as defined in Exhibit A hereto) to cover the following fees as exhibited in Appendix C of DIR Contract No. DIR-TSO-3937. B. The Customer billing contact information and Funding Source contact information must be provided on Exhibit A (attached). 1. Non -Recurring Startup Fees. These fees are for: a. Establishing the system connection b. Startup c. Training d. Interface development The startup fees for services on this project are $ 0 and will be billed according to the billing schedule and in accordance to Appendix A, Section 81 of DIR Contract No. DIR-TSO-3937. VINE 20140114 Agreement No. 1989474-2019 v: APPRISS SAFETY — VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) 2. Recurring Operational Fees. These fees cover: a. The annual cost of operating and supporting the VINE Service b. Hardware and proprietary software (the "VINE Software") used to power VINE c. All incoming and outgoing calls d. 24-hour monitoring of the service e. The cost of transmitting all data The operational fees for the VINE Service will be $28,546.78 per year. Payments will be made in accordance to Appendix A, Section 8J of DIR Contract No. DIR-TSO- 3937. IV. Performance of Additional Services. The parties agree that should the Service Provider choose to perform, at the Customer's request, any services not covered by this Agreement, the Customer shall compensate the Service Provider for its direct labor, parts and subcontracted work at the Standard Rate as indicated in Appendix C of DIR Contract No. DIR-TSO-3937. Booking System Interface Changes. All work done by Appriss Inc., related to an agency changing their booking system from their existing VINE supported booking system to a new VINE supported booking system including, but not limited to, interface installation, setup, configuration, testing and documentation is considered standard maintenance and covered under this service agreement. A VINE supported booking system is one for which an interface already exists. Booking systems not yet supported by VINE, i.e., without an existing interface, are not considered standard maintenance and are subject to the hourly contract rate of $100/hr for performance of additional services. Thud -party costs (booking system vendors, agency IT staff, etc.) associated with any booking system changes are not covered under this agreement. V. Warranty. The Service Provider represents and warrants qualified personnel shall perform the Services in a competent and professional manner. If the VINE Software does not substantially conform to the VINE Software specification, the Service Provider's sole obligation under this warranty is to remedy such defect, provided that the VINE Software has not been modified by anyone other than the Service Provider. These express limited warranties are in place of all other warranties, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and all such other warranties are expressly disclaimed and excluded by the Service Provider. VL Ownership of Intellectual Property; Licenses. The Service Provider retains all ownership rights in the VINE Software and all documents, designs, inventions, copyrightable material, patentable and unpatentable subject matter and other tangible materials authored or prepared by the Service Provider (the "Intellectual Property") in connection with the Services. The Service Provider hereby grants the Customer a limited, non-exclusive, non -transferable, non-sublicensable license to use the VINE Software in connection with the provision by the Service Provider of the VINE Services for the Customer's internal purposes only. Nothing herein shall grant the Customer a license to the source code of the VINE Software. Nothing contained herein shall be construed to grant the Service Provider any ownership rights in data supplied by the Customer to the Service Provider in connection with this Agreement. Appriss will use the data in connection with the VINE Service while offenders are within the VINE Service window (which begins the moment the offender is in custody and ends within a number of days after the offender VINE 20140114 Agreement No. 1989474-2019 APPRISS SAFETY — VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) leaves custody as predetermined by the Customer, except that for court records, the service window ends 30 days after the final dispensation of the case) for victim notification and may use current and historical data in applications for law enforcement, government, risk management, security, or fraud detection purposes. VII. Intellectual Property Indemnification. Indemnification will be handled in accordance to Appendix A, Section 10A of DIR Contract No. DIR-TSO-3937. VIII. Confidentiality. The Service Provider shall not disclose any Confidential Information without the Customer's express, prior written permission, except to the extent that a disclosure is required by law or court order. For purposes of this paragraph, "Confidential Information" means all documents, reports, data, records, forms, and other materials obtained by the Service Provider from the Customer in the course of performing any Services (including, but not limited to, the Customer records and information): (i) that have been marked as confidential; (ii) whose confidential nature has been made known by the Customer to the Service Provider; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. Notwithstanding the foregoing, "Confidential Information" does not include information in the public domain. In addition, the Service Provider shall not remarket or utilize any documents, reports, data, records, forms, or other materials created or obtained in relation to the VINE System, except as consistent with the terns of the Office of the Attorney General of Texas's Vendor Renewal Certification for the Statewide Automated Victim Notification Service, IK Liability Limit. Limitation of Liability will be handled in accordance to Appendix A, Section I0K of DIR Contract No. DIR-TSO-3937. X. Force Majeure. Force Majeure will be handled in accordance to Appendix A, Section 11C of DIR Contract No. DIR-TSO-3937. XL Entire Agreement; Inconsistent Terms. DIR Contract No. DIR-TSO-3937 and this Agreement and all exhibits, appendices, and schedules attached hereto are the complete and exclusive statement of the agreement between the Customer and the Service Provider, and supersede any and all other agreements, oral or written, between the parties This Agreement may not be modified except by written instrument signed by the Customer and by an authorized representative of the Service Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate the Service Provider. XII. Term and Termination. This Agreement shall commence upon the date set forth above and continue in effect for Twelve (12) months. This Agreement shall have three (3) one (1) year renewal options exercised by Customer providing 30 day written notice prior to the then- expiration date. Any changes in pricing for this Agreement must be approved by DIR. Termination will be handled in accordance to Appendix A, Section I IB of DIR Contract No. DIR- TSO-3937 VINE 20140114 Agreement No. 1989474-2019 Vol. 02 d 3 r , 63 APPRISS SAFETY — VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) XIIL Parties in Interest. Nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement. Nothing in this Agreement shall be construed to create any rights or obligations except among the parties hereto, and no person or entity shall be regarded as a third -party beneficiary of this Agreement. XIV. Assignment. Assignment will be handled in accordance to Appendix A, Section 4D of DIR Contract No. DIR-TSO-3937. XV. Jurisdiction and Choice of Law. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of Texas. Service Provider and Customer hereby consent to the jurisdiction of any competent state court of Texas located in Travis County, Texas, with respect to any actions arising from this Agreement. No action may be brought by either party against the other later than four (4) years after the cause of action has accrued. Nothing herein shall be construed to waive the sovereign immunity of the State of Texas. XVL Customer's Project Manager. For the purposes of this project, the following contact will be used as the Customer's project management contact. All project responsibilities that belong to the Customer will be coordinated and managed by this contact. The Customer appoints the project manager to be Jonathan Musick, who can be reached at telephone number 502-815-3810, or via email at jmusick@apprisssafety.com. Signature Page Follows VINE 20140114 Agreement No. 1989474-2019 Eol-__"� -I-- Pg. E APPRISS SAFETY — VINE`' SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) APPRISS SAFETY BY: 5�L Pj'- — Signature Joshua P. Bruner Name 09/12/2018 Date President Title Customer Acceptance of Proposal: The above prices, proposal, provisions and conditions are satisfactory and are hereby accepted. Service Provider is authorized to do the work as specified. Payment will be made as described on the terms outlined in this Service Agreement. Signature ;nue' FAPry Name 11131 Date &ate 0AA4 Vv�f' Title VINE 20140114 Agreement No. 1989474-2019 vol. a'y 3 Pg. Gi APPRISS SAFETY — VINE® SERVICE AGREEMENT APPENDIX D TO DIR-TSO-3937 (per Amendment 1) APPRISS INC. SERVICE AGREEMENT - EXHIBIT A Customer: Brazos CoCounty,uuntA Billing Address: T. D• b K � �4 Stet Address '779U cittyy/� ) /a h /� State Zippi Finance Contact: r U Lvl 1� "I t-W� _ _tr Nam Title Telephone: ��JI� `—I ��✓� E-mail: Fax: gb\� Funding Source: Texas Office of the Attorney General — Grant Administration Division Billing Address: P.O. Box 12548 Street Address Austin TX 78711-2548 City State Zip Finance Contact: Chris Gersbach Texas SAVNS Program Manager Name Title Telephone: 512-936-1653 Fax: 512-370-.98,27 Date funds to be received from Funding Source: Upon submittal of FY2019 OAG required documentation. Mail payments to: APPRISS INC. 9901 LINN STATION RD SUITE 500 LOUISVILLE, KY 40223-3842 Questions and correspondence related to billings and/or payments may be directed to: cheslin@apprisssafety.com Colleen G. Heslin Appriss Inc. 9901 Linn Station Road, Suite 500 Louisville, KY 40223-3842 502-815-3850 VINE 20140114 Agreement No. 1989474-2019 Vol. -1 CU pg. l CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2018 - August 31, 2019 A This Agreement is entered into by and between � t'�County, acting by and through its duly authorized representative ( hereinafter "Juvenile Probation') and the Victoria County Juvenile Board, acting by and through its duly authorized representative and the County Judge, concerning detention services provided at the Victoria County Juvenile Justice Center hereinafter "the Facility") by the Victoria County Juvenile Services Department ( hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLE I PURPOSE 1.01 Whereas D_S County, in order.to carry out and conductitsjuvenile program in Accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status or in the postdispositional treatment prescribed by the Court The placement facility to be utilized is owned and operated by Service Provider, and is located at 97 Foster Field Dr, Victoria, Texas 77904. ARTICLE II TERM 2.01 The term of Us Agreement is for 12 months commencing September 1, 2010 - August 31, 2019. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week, routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside Vol. a S Pg. oZ�% Victoria County Javnile Justice Center Detention Services Agreement September 1, 2018—August 31,2019 the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment with twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of - Supervision Order (CIMS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated officiaL Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by space availability. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act, No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event no longer than forty eight (48) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. F. Service Provider agreesthat the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial F � Y-3 pg. 6 I Victoria County Juvenile Justice Center Detention Services Agreement September 1,2018—August31,1019 detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention and a copy of the new Order bas been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (I5) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of the �i-O D S County. J. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and federal law. K Service Provider shall provide twenty (24) hour supervision for each child, including awake staff during sleeping hours in a Secure Facility, L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance ran�td operation of the Facility. However, it is also understood that the Juvenile Court of gj�Cuunty shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE W COMPENSATION 4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $110.00 per day for each child. The daily rate shall be paid to Service Provider for each day a child is in detention The cost is based on the projected actual cost of care for children in the facility. Juvenile Probation shall receive a detailed statement each month when it has placed a child in the Facility. Payment is due within 30 days of receipt of billing and shall be mailed to: Victoria County Juvenile Justice Center 97 Foster Field Dr. Victoria, Texas 77904 Victoria County Juvenile Justice Center Detention Services Agreement September 1, 2018—August 31, 2019 4.02 Psychological services will be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department 4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract 4.05 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. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probatiods Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 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. 4.09 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. r-_ . Pg: �%D Victoria Conaty Juvenile Justice Center Detention Services Agreement September 1, 2019— August 31, 2019 ARTICLE V ADDMONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in Secure Short -Term Detention, Juvenile Probation shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt�nbty the Facility Administrator of a proper order/ authorization from the Juvenile Court of �g1�i.��County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality, of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. vol. _ pg. 071 Victoria County JuvenBe Justice Center Detention Services Agreement September 1, 2018- August 31, 2019 ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following. 1. Local law enforcement agency; and Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call). 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. Withrespect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number and Service Provider shall contact Juvenile Probation by telephone at �- 131 within 24 hours, B. For allegations and incidents of sexual abuse or serious physical abuse: 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 1 JJD Incident Report Form shall be submitted by facsimile number 1-5121124-6717 or by email; and 3. With respect to children placed by Juvenile Probation, the TJJD incident Report Fo shall also be sent to Juvenile Probation within 24 hours at facsimile number 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shell be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. VOL � 6 3 pg. a r,2 Victoria County Juvenile Justice Center Detention Services Agreement September 1, 2018—August 31, 2019 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile courtjurisdiction or juvenile board jurisdiction. The term includes ajuvenile 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 D( CREvIINAL HISTORY SEARCHES 9.01 Criminal history searches shalt be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. vo! 1 p9, oZ 73 ___-____._____; Victoria County Juvenile Justice Center Mutation Services Agaement September 1, 2016—August 31, 2019 C. Federal Bureau of Investigation fingerprint -based Criminal history background search at the National Crime Information Center; internet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service _minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A currentjailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminalhistory from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: Vol. a 9 2 pg, 4 7 Victoria CountyTuvenile Justice Center Detention Services Agreement September 1, 2018— August 31, 2019 A. Any and all corrective action required by any of Service Providers licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Providers employees, interns, volunteers, subcontractors, agents and/ or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/ or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) ajailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and Vol. Pg.%5� Victoria County Juvenile Justice Center Detention Serviccs Agrectuent September 1, 2018— August 31, 2019 no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: 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 anytime during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation Service Provider also waives any rights it may have to indemnification from Juvenile Probation ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following A. That it has all necessary right, title, license and authority to enter into this Agreement; 10 E l. '� Y3 Pg, Victoria County Juvenile Justice Center Detention Services Ag cnt September 1, 2015-August71,2019 B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; C. Victoria County will maintain at force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. 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, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Departnent administrative rules regarding abuse, neglect exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas. 18.02 Service Provider verifies that it does not boycott Israel and will not boycott Israel during the term of this contract ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria 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. 11 Vol. 83 pg. Victoria County Juvenile Justice Center Detention Services Agrxmmt September 1, 2018 -August 31, 2019 ARTICLE XXI PRIOR AGREENIENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge Of SCotmty having juvenile jurisdiction ARTICLE XXII PRISON RAPE ELEVIINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual 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 CPO all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30. [PREA §115.387(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 the PREA standards [PREA §115.312(b)]. To comply with this standard the Service Provider will make available to the CPO all incident -based aggregated sexual abuse data within 24 -hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA §115.389(b)]. 12 Fvoi. f A3 P9. 7� Vittoria County Juvenile Jusnite Center Detention Services Agreement September 1, 2018- August 31, 2019 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. 'N (lWnITNESS WHEREOF, we hereunto affix our signature this —�day of V U 1 4Q,Mb?zf . 2011. 6t`E1- l"a�>County Probation Department Chief juvenile Probation Officer County Authorized Official Victoria County Juvenile Justice Center Ben Zeller, County Judge Eli Garza Chairman, Juvenile Board 13 Vel: ��.. pg CONTRACT AND AGREEMENT FOR SECURE LONG-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE C'ENT'ER Residential Services September 1, 2018 — August 31, 2019 This Agreement is entered into by and between'County, acting by and through its duty authorized representative (hereinafter, "Juvenile Probation') and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning residential care services provided at the Victoria County Juvenile Justice Center (hereinafter "the Facility') by the Victoria County Juvenile Services Department (hereinafter, "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over the facility ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The Facility to be utilized is operated by Service Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2018 - August 31, 2019. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement ARTICLE III Sffi2VICES 3.01 The two level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Justice Department, Service Provider will provide the following level of care services: Victoria County 7uvcn0c ]uetice Center Residential Services Agreemeat September 1,2019—August 31, 2019 A, Moderate Level of Care (Secure Post Adjudication) consists of a structured, supportive residential setting that is designed to maintain or improve the child's functioning. It includes more than routine guidance and supervision to ensure the child's safety, involvement in age- appropriate structured activities, access to therapeutic, habilitative and medical intervention and guidance from professionals or paraprofessionals to help the child attain or maintain functioning appropriate to the child's age and development Moderate Level of Care requires the facilitymeet all applicable standards ander Title 37 Texas Administrative Code. All Secure Post -adjudications facilities that are registered with the Texas Juvenile Justice Department and certified by the local juvenile board qualify forthe daily rate listed above. B. 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. These services reflect a full range of social, psychosocial, and rehabilitative interventions and may include, but are not limited to, substance abuse services, sex offender treatment, special populations, mental health services and services for pregnant females. Specialized programming is developed and implemented by appropriately credentialed professionals. The provision of individual, group and family therapy and:other therapeutic interventions and programs, are managed and administered by appropriately licensed mental health professionals (e.g., psychiatrists, psychologists, therapists, counselors or paraprofessional staff under the direct supervision of professional therapists or counselors). Review of a child's, continued need for specialized services shall be conducted at least every 90 days by an appropriate mental health professional and/or treatment team Specialized Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. Secure Post -adjudications facilities that are registered with the Texas Juvenile Justice Department ('1'JJD) and certified by the local juvenile board may qualify for this higher level of funding by submitting an application to TJJD for approval, 3.02 Service Provider will 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, and room, (tent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placementjustification shall be submitted to Juvenile Probation within ten (10) working days. D. Ensure that the child's parent(s) or legal gumdian(s) and Juvenile Probation are notified -if a child in placement makes an unauthorized departure, becomes seriously ill, or is vol- Pg.—� �/ Victoria County Juvenile Justice Ceater Residential Services Agra®eat September 1, 2019 — August 31, 2019 involved in a serious accident. Juvenile Probation and parents will be informed immediately If during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Ensure that the resident is made available to the juvenile probation officer to participate in monthly status and progress reviews, as described in §341.506 A staff member who is knowledgeable about the residenes progress in the facility's programming participates in monthly status and progress reviews with the juvenile probation officer and provides a monthly written summary of the resident's progress in the facility's programming and documentation is maintained in the resident's file. 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 services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection C. 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 children in program successfully achieving set educational goals, percentage of children achieving set vocational goals, percentage of children achieving set social skills goals, percentage of youth demonstrating overall progress, and 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 and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation, Medicaid or health insurance. However in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re -referrals of children during the six (6) months following release from residential placement Vol.—a 13 pg. �,2 Victoria County Juvenile Justice Center Acsidentiel Services Agn.encnt September 1, 2018 —August 31, 2019 3. Ensure children move down in their Level of Care as they progress in the treatinmtprogra n. 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 fatal 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 Provides by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2 Percentage of children who have completed their placement and not re -referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay the Service Provide the sumof$162.30 per day for each child whether male or female, admitted under "Moderate" Level of Care, $197.69 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas Juvenile Justice Department The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Specialized Female Pregnant Offender Program is recognized as a Specialized Treatment program and payment shall beat $250.00 perday. Payment is due within 30 days of receipt of billing and shall be mailed to: Victoria County Juvenile Justice Center 97 Foster Field Dr. Victoria, Texas 77904 ATT: Pama Hencerling, Chief JPO 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to Juvenile Probation. An initial psycbiatdc/psychological evaluation that has been conducted within the last 12 months is required prior to acceptance into the program. Vol. � �'3 — P9• Vittoria County Juvenile Justim Ccater Residential Scrvicrs Agreement September ], 201 g —August 31, 2019 5.03 Service Provider will subrrdt an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement Invoices submitted by Service Provider in proper form shall be paid by juvenile Probation in a timely manner. 5.04 Juvenile Probation shall be responsible for all of the juveniles medical expenses, and Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for medical expenses. If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility (hereinafter, "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility (hereinafter, "the Administrator") is authorized to secure the Outside Treatment at the expense of Juvenile Probation. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four (24) hours of its occurrence. Juvenile Probation shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post -Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. In all other medical situations, the Service Provider is authorized, but not required, to make arrangements with vendors, at Juvenile Probations request, for the provision of medical treatment at the expense of juvenile Probation. If the Service Provider makes such arrangement, the Service Provider is authorized, but not required, to seek coverage or reimbursement of expenses from all sources, including but not limited to, Medicaid, Social Security, medical insurance coverage, or contributions from parents or others and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. In any event, responsibility for payment to vendors or reimbursement to Service Provider is the ultimate responsibility of juvenile Probation. Service Provider will invoice Juvenile Probation for any non -reimbursed funds advanced by the Service Provider, and the juvenile Probation will remit to the Service Provider, within 30 days of invoice, full and final payment 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from juvenile Probation under this Contract Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider sball forward a copy of the annual outside audit to Juvenile Probation by Much 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting sball clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the years tax forms and FVol. � YJ pg. a �J Victoria County Juvenile Justice Center Residential Services Agreement Septemba 1, 2016—Augut31, 2019 documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or m part, if funds are not available or are not appropriated by the Texas Legislature, 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this Contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment 5.09 Service Provider will provide certification of eligibility to receive state funds as required by Texas Fancily Code Section 231.006. 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise, If a dispute cannot be resolved by . negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDMONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, Juvenile Probation shall call the Facility to ensure that space is available. Placement of children by Juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facili upon receipt by the Administrator of a proper order from the Juvenile Court of County and other documentation required by Service Provider. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occuants of the Facility, then the Administrator shall notify Juvenile Probation Of County of this determination, It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Vol. p9- '�� Victoria County Juvenile Justice Center Residential Services Agreement September 1, 2019—August 31, 2019 Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally authorized the placement of the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Juvenile Probation or other appropriate authority of AM County pursuant to: (a) Section 6.04 of this Contract or, (b) an Order of Release signed by the Judge of the Juvenile Court ofCounty. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit rA County, its agents, servants, or employees in any way to manage, control, direct or instinct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Jb�CO my shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the child's placement with Service Provider at its discretion. Service Provider must not release a child to any person or agency other than Juvenile Probation without the written consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 . Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record Periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement 7.05 "Contractor (aka "Service Provider") understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office. or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the contractor and the requirement to cooperate is included in any subcontract it awards." Vol. oZ�3 Pg. o2F6 Victoria County JuMile Suffice Center Resldmflal Services Agreement September 1, 2018—August 31, 2019 ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Contract, or as maybe required by law. ARTICLE 1X DUTY TO REPORT 9.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of - abuse, neglect, exploitation, death or other serious incident involving a 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. ollowing: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call). 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 p 3. With respect to juveniles placed by.}7i`��_County Juvenile Probation Department, the TJJD Incident Report Form shall also be sent to gt Q�DS C�oou�nt�ju��venile Probation Department within 24 hours at facsimile numberL9�1t u211. 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 facsimile number 1-512.424-6717 or by email; and 3. With respect to children placed by `�ssLI-LCounty Juvenile Probation Depaztm p the TJJD Incident Report Form shall also be sent to ��Coun Juvenile Probation Department within 24 hours at facsimile numberA- yZ l 1 FVol. a 83 Pgry_. Victoria County Juvenile Justice Center Residential Services Agreement September 1, 2018 —August 31, 2019 9.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect exploitation, death or other serious incident involving a child, but that is not alleged to involve an employee, intent, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 9.03 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 child 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 child 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 guverning board, juvenile board or governmental unit that serves children 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 javenile postadjudication residential treatment facility housing children 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 children under juvenile court jurisdiction or juvenile board jurisdiction. The teras includes ajuvenile 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 X CRIMINAL HISTORY SEARCHES 10.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 10.02 Criminal history searches shall include the following: Vol. -� S53 Pg. LR Victoria County jaeenile justice Center Residential Services Agreement Septcmbu 1, 2018—August3l, 2019 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. - 10.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 10.04 As used within this Agreement, a disqualifying criminal history is a history that includes anyone of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 10.05 In addition to the criteria and time frames set forth in the above definition of disqualifying. criminal history, an individual mustnot have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 10.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 10.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. 10 Vol �^�-OU pg. �9 Victoria County JOVeaae Jueticc Center Rsiden ial Swiccs Agreement Sutembu 1,2018—AuguS131,2019 ARTICLE XI DISCLOSURE OF INFORMATION 11.01 Service Provider warrants that, prior to entering this Contract it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; 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/or exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact withjuveniles was the alleged or designated perpetrator; E. The identity of any of the Service Providers 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. 11.02 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 the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XU EQUAL OPPORTUNITY 12.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent 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 XIII ASSIGNMENT & SUBCONTRACT 13.01 Service Provider may not assignor subcontract any of its rights, duties and / or obligations arising out of this Agreement without the written consent of Juvenile Probation. 11 vol. _ pa, �Q Victoria County Juvealle Justice Center Residential Services Agreement September 1, 2018—August 31, 2019 ARTICLE XIV OFFICIALS NOT TO BENEFIT 14.01 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 XV DEFAULT 15.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement including failure to achieve the defined goats, outcomes, and outputs, of 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. ARTICLE XVI TERNENATION 16.01 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. 16.02 If at anytime during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement maybe 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 XVII WAIVER OF SUBROGATION 17.01 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. 12 Vol. Pg. %/ Flctorin County Juvenile Justice Center Rrsidemial Services Agcement September 1, 2016 -August 31, 2019 ARTICLE XVIII REPRESENTATIONS & WARRANTII?S 15.01 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 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 Victoria or any political subdivision thereof; C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to juvenile Probation. Furthermore juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. 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, neglect, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it sb JI prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas juvenile justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XIV TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas. 19.02 Service Provider verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be 13 Victurla County Junedic Suadu Center Residential Services Agreement September 1, 2D18—August 31. 2019 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. 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will he made by Juvenile Probation for the children placed in the Facility by the Judge of ��l,��S County having juvenile jurisdiction. 23.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to 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 CPO all incident -based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30. [PREA §115.387(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 the PREA standards [PREA §115.312(b)]. To comply with this standard the Service Provider will make available to the CPO all incident -based aggregated sexual abuse data within 24 -hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA §115.389(b)]. 14 Vol. i Victoria Cowty Juvenile Justice Center Ruidential Services Agcecmeat ScDtcmber 1, 2018 —August 31, 2019 EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. INNESS WHEREOF, we here unto affix our signature this I ✓ day of 201 �R�County Victoria County Juvenile Justice Center Probation Depart hent Chief Juvenile Probation Officer Ben Zeller, County Judge County Eli Garza Chairman of the Juvenile Board Authorized Official 15 r BID TABULATION 19-027 Seal Coat December 1, 2018 through November 30, 2019 CRS -2P or CHFR5-2P 4�I ^; � �r g PF-zL �,�. ,-„-,'^�.>� Rates Est. SQ YD Fuquay Inc. Price/SQ YD E#. Price Knife River Price/SQ YD Ext. Price F,N. Ploch Construction Co., Inc. Price/SQ YD Ext. Price .x , � rvvnr,.v .. .x. :_. .:.,. nv .._ - . .:. .r .h A-.. uT..�.i):,�i'S�W.Lt. .: t, :. ,., ... %c'.�.,�..�i ,. ., , .. i' •', 1 CRS -2P or CHFRS-21) Asphalt $2.18 $2.18 $2.00 $2.00 $2.50 $2.50 2 Ty B Grade 3 Limestone .50 Gal/SY 315,804 $2,31 $729,507.24 $2.42 $764,245.58 $2.25 $710,559.00 3 Ty B Grade 3 Limestone .55 Gal/SY 208,089 $2.47 $513,979.83 $2.72 $566,002.08 $2.28 $474,442.92 4 Ty B Grade 4 Limestone .44 Gal/SY 134,864 $1.99 $268,379.36 $2.26 $304,792.64 $2.20 $296,700.80 5 Ty B Grade 4 Limestone .46 Gal/SY 10,161 $2.38 $24,183.18 $3.15 $32,007.15 $2.23 $22,659.03 6 TY L Gr 4 Lightweight .44 Gal/SY 142,853 $2.11 $301,419.83 $2.43 $347,132.79 $2.45 $349,989.85 7 TY L Gr 4 Lightweight .46 Gal/SY 0 $2.17 $0.00 $2.49 $0.00 $2.50 $0.00 Total $1,837,469.44 Total $2,014,180.34 Total $1,854,351.60 Recommend award to: Fuquay, Inc !dayof pprove by Co issioner' Curt on this �5 2018 byQQ`+�'osition of - V Vol. 13 pg, ;7- %3' Prepared for: Mrs. Prarthana Banerji, P.E., CFM Brazos County 2617W. Highway 21 Bryan, Texas 77803 979.822.2127 pbanerii@brazoscountytx.gov Project Name: Goodson Bend Road Rehabilitation Goodson Bend Road Brazos County, Texas 0 GESSNER ENGINEERING Submitted Date: 11/5/2018 Valid Through: 2/5/2019 Project Number: P17-0742-01.02 ADDITIONAL SkRVIC S h r., ' r y y v s + =?� .T ,?� • ., �'-A;'., t ^'.FEE ti ; s.....ci. tr._ s .Y.. >The additional scope of services includes Goodson Bend Phase 2. Bidding and Negotiation Phase Construction Administration Phase Total for Additional Services m $21,000 $30,000 The additional services proposed herein are provided in accordance with the Gessner Engineering proposal P17-0742-01 dated 10/18/2017. Q2L"�� Client (Signature) Nye. hel-6 Lazos Printed Name and Title !-1 Check if Purchase Order required Gessner Engi Bring Representative (Signature) Johanna Gessner, CEO Printed Name and Title �C-1 � Prepared by (Signature) Kalelyn Jumper, Proposal Coordinator Printed Name and Title COLLEGESTATION 9RENNAM @I?9°96 C85S PO P WORTH 417'4J, i 2'1.10 - SAN AHTONIC, 210'.,!;(T, 47_12 2501 A;;h;Grd n;iyc:rI.c.�i:..r: Teo 'ai .,;::n%�.._3Ed.. ....::.U�<SnclBncinvC"It .cQ:➢ CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYINO CONSTRUCTION MATERIALS TESTING 11/9/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS W. DEPARTMENT: Road and Bridge NUMBER: Country Oaks -Final Plat DATE OF COURT MEETING: 11/13/2018 ITEM: Approval of the Country Oaks Development Plat; being 6.356 Acres; Block 1, Lot 1; Samuel TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name 18-655 Final Plat-CountryOaks pdf Davidson Survey, A-13; Brazos County, Texas. Site is located in Precinct 1. Commissioners Court Karen Tyler 11/07/2018 False False $0.00 Description Type Plat Backup Material PRO D Duane Peters D to County Judge https:librazos.novusagenda.com/agendaweb/CoverSheet.aspx?ltem]D=18097 FO, 1/1 ----------_----------------------- 1 I �.I w I --------------------- III I I 1 VICINITY MAP DEVELOPMENT PLAT COUNTRY OAKS 6.356 ACRES BLOCK I. LOT 1 swve.�onvnuonrvxrcv. �.enovan.0 uxaos cwrzrtv.icu. 11/9/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS k DEPARTMENT: CC 2018 - Private Property Access Road and Bridge NUMBER: - William Berger - Luza Lane - Clear brush at intersection. DATE OF COURT MEETING: 11/13/2018 ITEM: Request permission to enter property of William Berger to clear brush on fence line at the intersection of Luza Lane and Fountain Switch Road for better site distance. Site is located in Precinct 4. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: 0814 i_I.TAT[iINW1 ATTACHMENTS: File Name Private Property Access - WiPam Berger - Luza Lane - Clear brush at intersection. pdf Commissioners Court Darrell Kolwes 11/05/2018 False False $0.00 Description Private Property Access - William Berger - Luza Lane - Clear brush at intersection. Type Backup Material rARPROVED Q Duane Peters D to County Judge 111 4? Oj—_ P9• https:/Ibmzos.novusagenda.com/agendaweb[CoverSheat.aspx?itemlD=18091VOA• -of-1- - 111 (d:L^Jr BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Borne Peters Banos County Judge Stere Alftch Conlrnlseloner Pet i Sammy Catalena Commbsloner Pct 2 Nancy Berry Commissioner Pct, 3 Im1a Cauley Commissioner Pct. 4 Brazos County Road 6 Bridge Dept. 2917 t1rry 21 West Bryan, Taos 77803 Of" 979.822.2127 Fax: 979-77€0453 I. OWNER(S): William Berger H. ADDRESS: 1822 Sandy Point Rd. Bryan, Texas 77807-8168 III. LOCATION OF WORK: Southwest comer at the intersection of Luza Lane and Fountain Switch Road Property ID 16443 – John Williams Survey, A-237, Tract 2, 43.15 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush on fence line at the intersection of Luza Lane and Fountain Switch Road for better site distance. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: i 1 Date: William Berger A4 aw. ! � 1 Prarthana Banerji , , Darrell W. Kolwes County Engineer Right of Way Agent Vol. 3— P9.3� l� COMMISSIONER COURT MINUTES OF NOVEMBER 13, 2018 ARE CONTINUED IN VOLUME 284 PAGE 1 COMMISSIONER COURT MINUTES OF NOVEBER 13, 2018 ARE CONTINUED FROM VOLUME 283 11/9/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS 0 DEPARTMENT: CC 2018 - Utility Permit - Wellborn Road and Bridge NUMBER: SUD - Kemp Road - 2,140 feet south of FM 60 DATE OF COURT MEETING: 11/13/2018 ITEM: Consider and lake action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 inch water line crossing under Kemp Road 2,140 feet south of FM 60. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 11/07/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit - Wellborn SUD - KemRoad - 2 Utility Permit- Wellborn SUD - Kemp Road -2,140 feet Backup Material 2 140 feet south of FM 60.pdf south of FM 60 APPROVED I1 ane Peters Da County Judge https://brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ltemll)=18098 Vol. 1/1 APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company name], hereinafter referred to as "Company" a Texas [stale] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing (CHECK ONE) Bored lacked Driven Cased Kern Road 70 R. X X Facility In Parallel Couniv Road Within Right-Qr_Way Road Nome and Block Number From "ro Depth Distance Kemp Road 30.561238 30.560686 36" 180 R. -96.404410 1 -96,404110 CONSTRUCTION TYPE I" Diameter 0.10" Wali Thickness 2" Encasement Pipe Material Specification Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within is working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. it is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or V01. "9. I expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. . Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the Comfy Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requnemenisset forth herein (Le. depth, location, etc), Company assumes all fm aneial responsibility for damages andlor destruction of Imes, cables, sic based upon itsfailure to comply with Brazos County requirements, Applicant agrees that # Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requWfes for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sale discretion of Brazos County, for interests ofpubltc health, safety or welfare, or jar failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Cmnpany faits to comply with any or all of the requirements as set forth herein, the County may take such action as iideems appropriate io compel compliance The County Bagineer further retains the right to revoke ihispermil by verbal notification to the Applicant/Campany. Fatima to obtain this permil and/or notify ltia County Engineer's Office within 24 hours of beginning construction shah constitute grounds far job shutdown. By signing below, I certify that I run authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. i1,�--@pytba�Crl �pe e- a tl cn9 Name i By: Title r1d!&K as D— V®1, _ Pg. fit al. -WCv 11eV+� WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated q—n —A—except as noted below: EXCEPTIONS: (Month!Day/Year) �. Brazos County Engineer F. _�S� Pg. 7-7 0 0 1L r, i 4 Q Kemp ROAD RIGHT -OF -MY rYtOl W+ -VV (b 0-rvgve 1 Z5G Gv) Ke,a -:3110 wli I e fo buve ti)&5m. m _ Kram Qc ✓e tocu.-{ia wv) Sev'uiu {ice. ujiL% be- rV�S1-cuLed II o i a Sc di+'ec-t'%4%' PLAN VIEW CENTER LINE TYPICAL SECTION SHOW NORTH ARROW TY ROAD 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION "No FHAM69FRDD .4ENT oEN. D=E NAP N0. 45041CO300E, DATED NAY 2012, A PORTION OF 7795 TRACT UES ARMN ZONE A. ESPECpl FLOOD HAWtO AREAS SUBJECT TO INVNOATION BY THE li ANNUAL CHANCE FIDOD, NO BASE FLOOD ELEVATIONS DETERMINED). - 4. THIS SURVEY WAS DONE IN CGNJUNCDDN WITH TLE COMMITMENT US, N0. 172530, DATED SEPTEMBER 5, 20)) PROVIDED BY UNIVERSITY TIRE COMPANY. THIS SURVEYOR DID NOT RESEARCH ME DEED RECORDS FOR PREVIOUS CONFLICTS IN TRIS OR EASEMENT, THEREFORE, CERTAIN EASEMENTS )AAY HAVE BEEN CRANED WHICH ARE NOT REFLECTED HEREON. 5. THIS SURVEY PUT WAS PREPARED IN CONJUNCTION WITH A LAND oEECWWgNd DATED SEPTEMBER 27, 2017 PREPARED BY� PAYNE INDUSTRIES. LLC. RUM TO GRTHE ID BASIS NORM ANDFOR M�SURVEY DETERMINED USAID CPS OBSERVATIONS. .� OSCAR JAMES BRUFFETI AND MARIMBA JO BRUFTETT (11.29 ACRES) LINE BEARING DISTANCE Li 0 200 400 O� .CES AND AREAS IN FROM RECORD { } ��+pppjjj "No FHAM69FRDD .4ENT oEN. D=E NAP N0. 45041CO300E, DATED NAY 2012, A PORTION OF 7795 TRACT UES ARMN ZONE A. ESPECpl FLOOD HAWtO AREAS SUBJECT TO INVNOATION BY THE li ANNUAL CHANCE FIDOD, NO BASE FLOOD ELEVATIONS DETERMINED). - 4. THIS SURVEY WAS DONE IN CGNJUNCDDN WITH TLE COMMITMENT US, N0. 172530, DATED SEPTEMBER 5, 20)) PROVIDED BY UNIVERSITY TIRE COMPANY. THIS SURVEYOR DID NOT RESEARCH ME DEED RECORDS FOR PREVIOUS CONFLICTS IN TRIS OR EASEMENT, THEREFORE, CERTAIN EASEMENTS )AAY HAVE BEEN CRANED WHICH ARE NOT REFLECTED HEREON. 5. THIS SURVEY PUT WAS PREPARED IN CONJUNCTION WITH A LAND oEECWWgNd DATED SEPTEMBER 27, 2017 PREPARED BY� PAYNE INDUSTRIES. LLC. RUM TO GRTHE ID BASIS NORM ANDFOR M�SURVEY DETERMINED USAID CPS OBSERVATIONS. .� OSCAR JAMES BRUFFETI AND MARIMBA JO BRUFTETT (11.29 ACRES) LINE BEARING DISTANCE Li N 59'59 40" E 55.71' L2 S 44'1303 E 87.80 L3 S 07.22 26 W 110.18, L4 S 43'42'23' W 80.58' LS S 02'17'37" E 75.45' L6 S 60' 2'30" E 46.68' VOL 3741, PG. 101 OENx,T � pr!'ps,509 I/ STEPHEN JONES ONE LEAGUE GRANT ABSTRACT NO. 27 f" poly [ws, BEN SCHROEDER. JR. ET UM (8,539 ACRES) - VOL 350. P4 792 DRBCT LEGEND ORBCT OEM RECORDS OP BRAZO.S COUNTY, TEXAS 093CT OFFR'4LL RECORDS OF BRAZOS COUNTY. TEXAS 0 i/2' IRON ROD FOUND UNLESS OTHERWISE NOTED 13 METAL DISK IN CONCRETE ® 1/2' IRON R00 SET WON A PLASTIC CAP STAMPED 'PAYNE 5084' 0 CALCULATED POINT —.-- WIRE FENCE ----"( IUTY POLE. OVERHEAD 1MUTY UNE. GUY 8,279 AC* LARRY TRAM( JAMAX AND DAVID WAYNE JANAN (5.25 ACRES) VOL 2754, PG. 205 ORBCT BEN SCHROEOER, A. ET U5 (10.00 ACRES) VOL 540. PG. BOO ORBCT D ROBERT A. PURSSELL'AND SANDRA C. PURS9ELL (13.326 ACRES) VOL. 2897. PO. 95 ORBCT G.F. N0. 172530 "(E Ofi UNIVERSITY TLE COMPANY EXCLUSIVELY , AND -FOR a..,.J IIC.mr 'Nu.�P,,.. ..., .. USE WITH THIS TRANSACTION ONLY, COLLEGE STATION, TX S:aEGl6TFR T HEREBY STATE TO THE BEST OF MY NNOWLEDOE ^ JOB NYIUBER: IOB7-004 THAT THIS PLAT IS TRUE AND CORRECT ACCORDING TO ' ``-� AN ACTUAL SURVEY NIDE ON THE CRWMo ON 1 1 5 Ibl /� �/ pl E RIFNC SLIDE BUSH ROBFf�) SEPTEMBER 20, 2017, THAT ALL CORNERS AHE J/ II—J7"y G 9 V •••.•...... . JO MONUMEMTEO AS SHOWN HEREON; AND THAT THEME DATE: SEPTEMBER Z7, 2017 ••••...,.HIVSTON ARE NO VIABLE ENCROACHMENTS OR DVERIAPPWO OF . 55)9 •••••.. IMPROVEAIEJIE, EXCEPT AS SHOWN OR NOVO °i" "•""••"�"°. FLED CREW, ON HEREON. OFFICE: RJ, JH S(f O o ....:..R...........,. FB/P@ 04/32 q RV ROBERT W. JOHNSTON. NR. 5579 nn...n......... Vo I A T r ........... 1- '014 11: A I IN MEN L I ................................... 720 L. F. FROMXZW 1 ROM ZW 6' TO EXI-TIW prPE 11) t x I S I I'NG PI P': LI OF, C Itt�i s T 1 ,4 c. p -L� i i T �N, In ANP WELL 110. 1 4 f7pbPp"a ro-ot Arm two Foal*Cl FEW 3' P.V. . PIPE TO EXIST14r LPL4HT NO, I - SEE CONvECIION DITAIL I SHEET FO. I'. PRO." Fly 3 AIME. RS LUTER NAME I . 1 110, i. v.'Y - xz),. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. GeneralReguirements 1. Adequate drainage shall be maintained in ditches at all times, 2. Permittee will use best management practices ("BMP') (EPA and TCEQ bath provide lists of examples of BMPs) to minimize erasion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property, All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative, 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be Gable to the County or other utilities running through the right of way. 6. CountyEngincershall determine whether or not permitter'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. SafelyReguirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the jab. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. Busing 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 flagman, 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 mad. Any poles placed in the Right of Way for fuhse installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. t~ Trak Control Pian 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 over night, requires snte c niehttime traffic control measures pursuant to the TMUTCD; b, If construction is within ten (10) feet of the roadway; or o. Any workperfmmed in the rad right-of-way; 2. Plan must be attached to the permit and kept at the jab site any time work is being performed. Val. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Teras 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 (I0) feet from the edge of pavement Exceptions may apply in rights of way of less than 60'. 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— 0-2 feet, scenically 1' Phone— 2-4 feet, nominally 3' Gas —4-6 feet, nominally 5' Cable — 6-8 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 orjackred. ABSOLUTELY NO OPEN CUTS WITH I COUNTYROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the 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; c. TkDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; Vol. 6-4/ -- pg.. /G 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; a. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the rigbt-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tae variety. Appropriate traffic control shall be provided meeting TMUl'CD 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 hand 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. T Emergency rpork 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 shall notify County Engineer within 74 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of tho County Right of Way and traffic safety controls used. F. Rayairs to existingfacilides 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 designated representative and a permit has been obtained. G. Relocation of u0fies. 1. When and if the County Engineer detc®ines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. P9 E. ,&igh Pressure Pipelines 1. All utility permits for high pressure pipelines (generally 60 PSI or greater), whetherpertainiag 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 roust also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and (las Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline (below deepest ditch [bade) Special Requirements Encasedpipe Less than 10' Must be covered with concrete pad at least 36"deep ]incased Pipe Greater than lo' No concrete pad required Non -Cased pipe Less than lo' Mustbe covered with comate ped at least 48"deep Non -Cased Pipe Greater than 10' No concrete ped required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be, installed parallel to a County Road within the Right -of - Way. Transmission Imes have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Cas Distribution is a line that serves the final customer. E it r N TCP (2-10) WORK SPICENEAR SHWLDER C,nven)1,21 Ronda 1g fi y ca � w� I k�tit s I a ' I . I _ Ir C 1 I � I I , c I C rL 19 i I NFF � I � IIi bx LL• i N• a...n. eG nes �IQ wwn TCP (2-1b1 WORK SPACEONonSHWLDER Carnen}ral Rwda • rraal T I aV0F1 = i V I•u' 6 Ivl. 11 H I ( I - ' —' - AOFOIOtl! o.n ed <py r a1r � VJ I I er ama .. I I ji'l + I A I .lt. aueca ,ry, � MM I wa tr Iw. n� A1QA0 I g.Na u• si I�el. u TCP (2-10) WORK VEHICLES ONSHOULDER Convent) anal ROotla L•b t•lgNNinVe MIIMN M..I VIIYMIfMWq TPIO�{YwY�yLL�[ I°K a4t10 @OfIIY.Q 1Ii e1i 1a0 ff 1m�14 J / / TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-1)-12 MR r a1r L•b t•lgNNinVe MIIMN M..I VIIYMIfMWq TPIO�{YwY�yLL�[ I°K a4t10 @OfIIY.Q 1Ii e1i 1a0 ff 1m�14 J / / TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP (2-1)-12 11/9/2018 DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOU NT ATTACHMENTS: File Name atc j In 7405.pd atchjnl 9718.p -if Item Coversheet BRAZOS COUNTY BRYAN,TEXAS NUMBER: 11/13/2018 Expenditure Journal Entries • FY18-19 100181-100184 • FY18-19 110014-110017 Commissioners Court 11/08/2018 False False $0.00 Description Exp JE -1 Exp JE -2 Type Backup Material Backup Material Z;!t County Judge F" 1/1 1 SUNGARD PENTAMATION PAGE NUMBER: DATE: 11/08/2018 BRAZOS COUNTY, TX BJOURN11 TIME: 12:25:11 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 11.13'CC 100181 TSF 0100>1900 BUDGET 1/19 COMPLETE 359121 0100 0100 91590000 TSF 0100>1900 BUDGET 138,079.00 359122 0100 0100 11005200 TSF 0100>1900 BUDGET 138,079.00 359123 1900 1900 11005200 TSF 0100>1900 BUDGET 138,079.00 359124 1900 1900 49028000 TSF 0100>1900 BUDGET 138,079.00 TOTAL JOURNAL ENTRY 276,158.00 276,158.00 11 -13 -cc 100182 TSF 0100>1700 BUDGET 1/19 COMPLETE 359125 0100 0100 91020000 TSF 0100>1700 BUDGET 25,000.00 359126 0100 0100 11005200 TSF 0100>1700 BUDGET 25,000.00 359127 1700 1700 11005200 TSF 0100>1700 BUDGET 25,000.00 359128 1700 1700 49028000 TSF 0100>1700 BUDGET 25,000.00 TOTAL JOURNAL ENTRY 50,000.00 50,000.00 11^13"CC 100183 TSF 0100>2200 BUDGET 1/19 COMPLETE 359129 0100 0100 91200000 TSF 0100>2200 BUDGET 360,487.00 359130 0100 0100 11005200 TSF 0100>2200 BUDGET 360,487.00 359131 2200 2200 11005200 TSF 0100>2200 BUDGET 360,487.00 359132 2200 2200 49028000 TSF 0100>2200 BUDGET 360,487.00 TOTAL JOURNAL ENTRY 720,974.00 720,974.00 11.13•CC 100184 TSF 1600>0100 BUDGET 1/19 COMPLETE .— 359133 1600 1600 91300000 TSF 1600>0100 BUDGET 20,000.00 359134 1600 1600 11005200 TSF 1600>0100 BUDGET 20,000.00 359135 0100 0100 11005200 TSF 1600>0100 BUDGET 20,000.00 359136 0100 0100 49032000 TSF 1600>0100 BUDGET 20,000.00 TOTAL JOURNAL ENTRY 40,000.00 40,000.00 p` TOTAL CONTROL NUMBER 1,087,132.00 1,087,132.00 TOTAL REPORT 1,087,132.00 1,087,132.00 1�w\ 1 SUNGARD PENTAMATION PAGE NUMBER: DATE: 11/08/2018 BRAZOS COUNTY, TX BJOURN11 TIME: 12:36:59 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 11.13.CC 110014 TRVL REIMB - S PENNI 2/19 COMPLETE 359137 0100 31000100 61801000 LCOMM190 61801000 AB 10.14-17.18 729.53 359138 0100 0100 20385000 AB 10.14-17.18 729.53 TOTAL JOURNAL ENTRY 729.53 729.53 11.13.CC 110015 TRVL. REIMB - B BENTH 2/19 COMPLETE 359139 3000 424100 61801000 TY 10.15-18.18 563.83 359140 3000 3000 20284700 Tv 10.15-18.18 563.83 TOTAL JOURNAL ENTRY 563.83 563.83 11.13.CC 110016 TRVL REIMB - B BENTH 2/19 COMPLETE 359141 3000 424100 61801000 AR 10.28-30.18 651.40 359142 3000 3000 20284700 AR 10.28-30.18 651.40 TOTAL JOURNAL ENTRY 651.40 651.40 11.13.CC 110017 TRVL REIMB - D RUDGE 2/19 COMPLETE 359143 3000 424100 61801000 AR 10.28-30.18 801.39 359144 3000 3000 20121080 AR 10.28-30.18 801.39 TOTAL JOURNAL ENTRY 801.39 801.39 TOTAL CONTROL NUMBER 2,746.15 2,746.15 TOTAL REPORT 2,746.15 2,746.15 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 57.1 On this the 13th day of November 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 13th day of November 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 amcndment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13th day of N ovember 2018. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget b31: _� p9• _--Z- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17/18-57A 11/13/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Records Management Fund County Records Mana ement Minor Acquisitions 2,995.00 County Records Management Fund County Records Mana cment Capital Outlay 2.995.00 DRICR ACCOUNTNAME Increase Decrease 1900 50000100 67281000 CR Equipment - Electronic 1 2,995.00 1900 5C000100 80281000 DR E ui meta[ -Electronic 2,995.00 Records Management Reallocations of funds to the appropriate department's account to for the purchase of the auto fische carrier for the Scan Pro 3000. POI fICCou4flilu Pur aSes O111V.-�'.!w.,,Y �'ji'tl k'.v, stY+�1 n a�Si Ta., .e r. :.:t. �_„y"..Y,ym.; 3�5,, �'t •,,' v�i'.+Ka4'yR,.t3:.Ax'.r, FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 1900 50000100 67281000 CR Equipment - Electronic 1 2,995.00 1900 5C000100 80281000 DR E ui meta[ -Electronic 2,995.00 [vcw� — —'l-jC, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 7.1— 7.9 On this the 13th day of November 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 Caulcy, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 13th day of November 2018 the Court heard and approved a budget amendment(s) 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 11 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 13th day of November 2018. THE CONIMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By:�� Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. Pg. l� atc x BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18/19 - 7.1 F6r,ivcchvA FUND DIV ACCT DR/CR ACCOUNTINAME Increase Decrease 0100 11200200 59100000 CR DDEA 752.701 OM 11200200 67342000 DR 752.70 _Fa.,imc BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.18119 - 7.2 11/1312018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Sheriff Dcpt. Crime Fund Sheriff De L Comc Fund De anmental Support 4.513.98 Sheriff Dept. Crime Fund Sheriff De LCrlme Fund Minor Acquisitions 4,513.98 Sheriff De LCrime Fund 1 Reallocations of funds to the appropriate account to purchase crime scene li hR. 'Lpaitment_P-Prova ,'�3L '"'dy'Date r i !Coup Jutlge AP.Proral Cor`'icotin0u Pur-osesOal�:x rP,",N„<..p ,„�.,a�r., _,.6 ai"Us+L"✓a�4 .,.a9h.,,<s .'� r��.SY"rtd�r,�:il.rax.7+di.-,x r. 3��x ...'<'C.__r :;,- .ai.3't FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 3300 18050000 61235000 CR Donations - Other 4,513.98 3300 28050000 67010000 DR Donated IDtiner Pm�en 4.513.98 V� off. _____ P9 —�— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 7.3 11/13/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneal Fund Commissioners' Court Contin enc De antnumal SWport 25.400.00 General Fund Risk Manaccment Repairs & Main 25.400.00 FUND DIV ACCT OR/CR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR Contingency 25400.00 0100 12500100 65010000 DR Accidmts & Claims 25,400.00 Commtvioners' Court and Risk Management Reallocations of funds to the appropnate account for insurance claims and deductibles for FY 2019 to the Risk Management Dem. to allow for efficient Mcking and reporting. i ttr<t�� ss y' LPartment APProval'l„_!sw4Diite.er } a o r, s r1"f„r iF 'fCaunty'JuegAIiF Oval �T`^}1 f^'Dato'+ _' 1 Vol, �� c� P0. �oS FUND DIV ACCT OR/CR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR Contingency 25400.00 0100 12500100 65010000 DR Accidmts & Claims 25,400.00 Vol, �� c� P0. �oS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119-7.4 11 /1 31201 8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Health & Life Insurance Fund Health & Wellness Clinic Departmental Support 600.00 Health & Life Insurance Fund Health & Wellness Clinic Mina, Ac uisirions 600.00 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 5000 64005100 60380000 CR Health Su lits 600.00 5000 640051C0 67670000 DR Printers 600.00 Health & Wellness Clinic Reallocations of funds to die appropriate account [o urchase an additional colored ,inter for rintin activi U ers. —77 [Depar ent APProv le F:. Date" s ro jCou 1 ud9P Approval ;` ForAccountiu"Pur `oses:Oul'-° dx,.v..... t:T"-Tx 3+�"°YrB.. ,?l:,, ,a<.. ..c i.: a �1 enAi hK.0 ..�=.._"�_ ca•.utn?:�s't.:.Y"v r".'a'�* �":. ... .,?w -#.;..,a.. +,sxF ...�_::'S FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 5000 64005100 60380000 CR Health Su lits 600.00 5000 640051C0 67670000 DR Printers 600.00 Vol. __ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 7.5 11/1312018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fwd Cotnmissioners'Court Non -De arimenlal Minor Acquisitions 1846.00 General Fund County Clerk Administration Minor Acquisitions 1,846.00 ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 //000500 67670000 CR Printers 1.846.00 0100 21000100 67670000 DR Printers 1,846.00 Commissioners' Court and County Clerk Reallocations of funds to the appropriate acrowt to pumhue arc iacement printer for the County Clerk. rtmont Ap ova".t7f $'s'SKDat2i `:�^+,K':.rb:•�"'__j ICoU"nry Judge Approvals ,43-..vLw Datil. x F9s a] F l.9X P9� t._._.......,__........._____._......._ _.._..-._.. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 //000500 67670000 CR Printers 1.846.00 0100 21000100 67670000 DR Printers 1,846.00 F l.9X P9� t._._.......,__........._____._......._ _.._..-._.. 13RAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 7.6 1111 312 01 8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneml Fund Commis'siuner>'Cpurt bion -De amneuml Minor Acquisitions 3,715.10 General Fund Sheriff Administration Minor Ac uisifi.m 3.715.10 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 11000500 67286000 CR E ui meat -Older 3,715.10 C100 28000100 67287000 DR E ui meat -Radios 3,715.10 Commissioners' Court and Sheriff Administration Reallocations of funds to the appropriate account to purchase a new portable mdio for die additional pusiGon that was appruved for TY 2019. R�s 3�� _. aliment FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 11000500 67286000 CR E ui meat -Older 3,715.10 C100 28000100 67287000 DR E ui meat -Radios 3,715.10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 7.7 11/13/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Gc'lCml Capital Improvement Fund Capital Projects Ca ital Oufty 47,955.61 General Capital Improvement Fwd Other Financina Sowccs 47,955.61 General Fund Coon Judge_App�oval `;s5:5:5Date a -p, "x ti{crv^ Other F' mancing Seurcas 47955.61 General Fund District Anom Minor Acquisitions 866.70 General Fuad Sheriff Adminisuation Minor Acquisitions 38,013.13 Genal Fund Sheriff Administmtion fail Minor Ac uisitions 3.725.26 Ocncml Fund Constable Pct. N2 Minor Acquisition, 5.350.52 Tansfcr to Gencal Fund 47,955.61 0100 49015000 CR Transfer from Ca iml Imp. Fund 47,955.61 01100 19000100 67890000 DR Veiucle Equipment 866.70 0100 28000100 67890000 DR Vehicle Equipment 38,013.13 General Capital Improvement Fund, District AttorneySheriff Adrainlstratlon, Sheriff Administration - Jail and Constable, Pct. p2 28002000 Reallocations of funds to the ronate account to pnrchase equipment for thereplacement patrol vehicles. DR �H,3"Se tf .r:+' .1I FA,SFFf"Y F# t St a1"'yd"Si Cd .2d'[iI^ n�iC. "f .:uxt '-.v.n,cY JV".n-9a2 • ent Ap o -'?�Date ;11 ,.r' IR ..5's`;f :;) k _,- .2;.:1.3iii:•.;. Coon Judge_App�oval `;s5:5:5Date a -p, "x ti{crv^ For'AGtiJ`odtin Pity `'.sa`s'Ouly ',.vi � °,n`= L�3 •..,,t'.l.,�M •. , .�r��7 c—ep,M1x�. a;," 0'ar , --_r xul"�3' t ,.,�r.. ,.r' IR ..5's`;f :;) k _,- .2;.:1.3iii:•.;. FUND DIV ACCT DR1CR ACCOUNTNAME Increase Decrease 4500 63000501) 80890000 CR Vehicles 47955.61 4500 91300000 DR Tansfcr to Gencal Fund 47,955.61 0100 49015000 CR Transfer from Ca iml Imp. Fund 47,955.61 01100 19000100 67890000 DR Veiucle Equipment 866.70 0100 28000100 67890000 DR Vehicle Equipment 38,013.13 0100 28002000 67890000 DR Vehicle Equipment 3,725.26 0100 30201100 67890000 DR Vehicle E ui ment 5,350.52 Vii. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119.7.8 11/13/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fwd Constable Pct #3 De nrlmerml Su ort I IOAO General Fund Constable Pct. U Minor Acquisitions 310.00 FUND DIV �Co__ d9e:AP.Proval - f' kDate,_ Increase Decrease 0100 30301100 60600000 CR Office Supplies 110.00 0100 30301100 67342000 DR Fumiwm 110.00 Coastable Pct. 43 Reallocations of funds to (lie apprupriateaccowit to purchise a replacement chair. ForAccnii5du^P6roSir OW-. .. 1.'::•c.. ",f>>_.+.^.A.£'+l`M A'=- �.';.tf..s::.,..� i3�.n:,-'a.. ,'fir. =.'._: x FUND DIV �Co__ d9e:AP.Proval - f' kDate,_ Increase Decrease ForAccnii5du^P6roSir OW-. .. 1.'::•c.. ",f>>_.+.^.A.£'+l`M A'=- �.';.tf..s::.,..� i3�.n:,-'a.. ,'fir. =.'._: a_ ni•S is. ""....d''rn.,ny;�^fk FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 30301100 60600000 CR Office Supplies 110.00 0100 30301100 67342000 DR Fumiwm 110.00 Vol. C� 8 Pg. _�_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119-7.9 11/13/2018 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION I Increase Decrease General Fund Commissioners' Court Nan -D arrmental Minor Acquisitions 39,607.80 Geneml Fund Information Technolo IT.Services Minor Acquisitions 39.607.80 FUND DIV ACCT OR/CR ACCOUNT NAME Increase Decrease otoo 1 11000500 67203000 CR Minor Computer Hardware 39,607.80 0100 1 14000200 67203000 DR Commissioners' Court and Information Techn0ln^ Reallocation of funds to lhc appropriate account to purchase sim 60 lace computers that are on the FY 2019 rollout list. (Department Ap rovalr Hca Date t1 f n- :i ZE ; PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 13, 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 Facilities Services Davis, LaTracy Separation Simpson, Darrell Change of Status Juvenile Services — Detention Bonner, Allison Separation Road & Bridge Hadley, William Macias, Marisol Change of Status Employment Sheriffs Office —Admin. Elmore, Austin Change of Status Sheriffs Office — Detention Osburn, Macy N. Separation Treasurers Villarreal, Cristian Employment Approved in Commissioners' Court: November 13, 2018 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 1 I