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2019-07-09 10:00AM REGULAR MEETING
R BRAZOS COUNTY BRYAN, TEXAS . -o19 JUL -5 Aa 10: I -1' i 1k10,0 rGt' "NJ` 11CI.ERW %!_7 WMK.119�y ' d TI r� �Lt rflV r 3 lfi�`!✓t� NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JULY 9, 201.9 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 Berry 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions Acknowledgement of the 2018 Distinguished Service Award to Brazos County Historical Commission. Consider and take action on agenda items 4-29: 4. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. 5. Approval of Property Use Policy. 6. Approval from the Sheriff's Office for payment to Staples for invoices not paid in FY2018. 7. Approval of Change Order #1 to contract # 19-091 with Hayward Baker, to deduct $19,774.26. 8. Approval of Service Agreement #20-015 to I ron Mountain for shredding services for Records Management. 9. Renewal of contract #20-016R for Pest Control Services with Allstar Pest Control. 10. Renewal of contract #20-018R for Fire Extinguisher, sprinkler systems, inspections, maintenance and testing with Pye-Barker Fire & Safety. Vol. pg. '� d 11. Renewal of contract #20-020R for Air Filters & Service with Kleen Air Filters & Service. 12. Approval of Special Warranty Deed from the Jake Howard Family Partnership One. Ltd. for 4.17 acres of land to be used for improvements to Windy Ryon Road located in Precinct 1. 13. Approval of the SDT Solutions, LLC utility permit to install 2.56 miles of underground fiber optic on Rabbit Lane. Line will be 42 inches deep and within 5 feet of west right of way line on. Site is located in Precinct 2. 14. Approval of the Chesapeake Energy utility permit to install a temporary 12" Polyurethane water line within and along the right of way of Wallin Road a distance of 1,975 feet. Site is located in Precinct 4. 15. Request permission to enter private property owned by Ken and Linda Menefee on Deer Hill Drive 940 feet southwest of SH 6. County will drain channel in order to replace roadway culvert on Deer Hill Drive. Site is located in Precinct 4. 16. Request from Road and Bridge for approval to release/return the original in -lieu -of -bond instrument in the amount of $139,933.40 to RB Meadows, LLC which served as construction security for The Meadows Phase 1. The subdivision roads were previously accepted into the Brazos County road maintenance system 4/30/2019. 17. Request from the Information Technology Department to approve the cybersecurity vulnerability and risk assessment "Rules of Engagement" with the Cybersecurity and I nfrastructure Security Agency, and authorization for the Chief I nformation Officer to sign the referenced appendices as they are created. 18. Approval of contract renewal with Hays County for short term and long term residential services of juvenile offenders. 19. Approval of contract renewal with Bryan Independent School District for Juvenile Justice Alternative Education Program services. 20. Approval of contract renewal with the College Station Independent School District for Juvenile Justice Alternative Education Program services. 21. Approval of contract renewal with the Navasota Independent School District for Juvenile Justice Alternative Education Program services. 22. Approval of contract with Orange County for pre -adjudication juvenile detention services. 23. Approval of contract with Limestone/Freestone Counties for pre -adjudication juvenile detention services. 24. Expenditure Journal Entries • FY18/19 060096-060107 25. Tax Refund Applications for the following: Tax Refund Applications for the following: • a. Construction Mechanics, Inc. % Mike Collins - Overpayment $18.24 • b. Gary E & Judy L Hart - Overpayment $20.00 26. Commissioners Court minutes for the following dates: 9 a. June 4, 2019 - Regular Meeting f 0 • b. June 11, 2019 - Regular Meeting • c. June 18, 2019 - Regular Meeting • d. June 25, 2019 - Regular Meeting 27. Budget Amendments. Budget Amendments FY 18/19. 28. Personnel Change of Status. Personnel Action Forms. 29. Payment of Claims. Requesting permission to ratify claims V8016662 - V8016663. 30. Juvenile director's report on detention population. 31. Sheriff's report on inmate population. 32. Announcement of interest items and possible future agenda topics. 33. Call for Citizen input and/or concerns 34. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. 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. va. �S Pg. ,�� MINUTES JULY 9, 2019 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, July 9, 2019 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, Absent; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns There was no citizen's input. 3. Presentations and/or Discussions Acknowledgement of the 2018 Distinguished Service Award to Brazos County Historical Commission. The Court acknowledged the 2018 Distinguished Service Award presented to the Brazos County Historical Commission. Judge Peters read aloud a quote from the Texas Historical Commission and invited Henry Mayo to speak. Mr. Mayo stated that they were honored to receive the award and introduced the members of the Brazos County Historical Commission Board. A copy of the service award is attached. Consider and take action on agenda items 4-29: 4. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 5. Approval of Property Use Policy. A copy of the Property Use Policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 6. Approval from the Sheriff's Office for payment to Staples for invoices not paid in FY2018. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 7. Approval of Change Order #1 to contract # 18-091 with Hayward Baker, to deduct $19,774.26. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 8. Approval of Service Agreement #20-015 to Iron Mountain for shredding services for Records Management. A copy of the service agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, _Peters. Absent: Catalena. 9. Renewal of contract #20-016R for Pest Control Services with Allstar Pest Control. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 10. Renewal of contract #20-018R for Fire Extinguisher, sprinkler systems, inspections, maintenance and testing with Pye-Barker Fire & Safety. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 11. Renewal of contract #20-020R for Air Filters & Service with Kleen Air Filters & Service. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 12. Approval of Special Warranty Deed from the Jake Howard Family Partnership One. Ltd. for 4.17 acres of land to be used for improvements to Windy Ryon Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry; Cauley, Peters. Absent: Catalena. 13. Approval of the SDT Solutions, LLC utility permit to install 2.56 miles of underground fiber optic on Rabbit Lane. Line will be 42 inches deep and within 5 feet of west right of way line on. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 14. Approval of the Chesapeake Energy utility permit to install a temporary 12" Polyurethane water line within and along the right of way of Wallin Road a distance of 1,975 feet. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 15. Request permission to enter private property owned by Ken and Linda Menefee on Deer Hill Drive 940 feet southwest of SH 6'. Countywill drain channel in order to replace - roadway culvert on Deer Hill Drive. Site is located in Precinct 4. Vol. aqs P9.� - _ - Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 16. Request from Road and Bridge for approval to release/return the original in -lieu -of -bond instrument in the amount of $139,933.40 to RB Meadows, LLC which served as construction security for The Meadows Phase 1. The subdivision roads were previously accepted into the Brazos County road maintenance system 4/30/2019. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 17. Request from the Information Technology Department to approve the cybersecurity vulnerability and risk assessment "Rules of Engagement" with the Cybersecurity and I nfrastructure Security Agency, and authorization for the Chief I nformation Officer to sign the referenced appendices as they are created. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 18. Approval of contract renewal with Hays County for short term and longterm residential services of juvenile offenders. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 19. Approval of contract renewal with Bryan Independent School District for Juvenile Justice Alternative Education Program services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 20. Approval of contract renewal with the College Station Independent School District for Juvenile Justice Alternative Education Program services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 21. Approval of contract renewal with the Navasota Independent School District for Juvenile Justice Alternative Education Program services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. aq b Pa. B Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 22. Approval of contract with Orange County for pre -adjudication juvenile detention services. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 23. Approval of contract with Limestone/Freestone Counties for pre -adjudication juvenile detention services. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 24. Expenditure Journal Entries • FY18/19 060096-060107 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 25. Tax Refund Applications for the following: Tax Refund Applications for the following: • a. Construction Mechanics, I nc. % Mike Collins - Overpayment $18.24 • b. Gary E & Judy L Hart - Overpayment $20.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 26. Commissioners Court minutes for the following dates: • a. June 4, 2019 -Regular Meeting • b. June 11, 2019 -Regular Meeting • C. June 18, 2019 - Regular Meeting • d. June 25, 2019 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 27. Budget Amendments. t/oLate. Pp.�_ Budget Amendments FY 18/19. 40.1 Reallocate funds for Justice of the Peace, Precinct 4 Technology Fund. 40.2 Transfer funds from Contingency Fund to Boonville Cemetery. 40.3 Reallocate funds for Associate Court No. 1. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 28. Personnel Change of Status. Personnel Action Forms. A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 29. Payment of Claims. Requesting permission to ratify claims V8016662 - V8016663. Claims 8016465 to 8016889 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Other. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 30. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 20 juveniles in the detention center, 15 are male and 5 are female, and 29 have electronic monitors. 31. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 677 inmates in jail, 577 inmates are male and 100 are female, 44 have electronic monitors and 24 are pending for monitors. Sheriff Kirk added that 150 people were booked into the jail over the weekend. 32. Announcement of interest items and possible future agenda topics. There were no announcements. 33. Call for Citizen input and/or concerns Information Technology Director Eric Caldwell stated he wanted to make the Court aware of House Bill 3834 that requires state and local government to provide employees With a cybersecurity training program certified by the Department of Information Resource. Mr. Caldwell said that we are also required to show compliance to the state. He then introduced Security and Compliance Analyst Kevin Joyner. Mr. Joyner will provide training to employees and will report compliance to the statute. VOL pg. Sheriff Kirk mentioned that they are in the second day of their annual surprise jail inspection and will report back with the results. Chief Stewart announced that Risk Manager Leslie Contreras wanted to remind everyone of the Active Shooter Training this afternoon at the Expo Complex. 34. Adjourn. Vol. The foregoing minutes of the Commissioners Court Meeting held July 9, 2019 have been examined and are approved in open Court this 6th day of August 2019, in Bryan, Brazos County, Texas. Duane Peters County Judge A�mniy Cat na Commissioner, Precinct 2 Irma Cauley' Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 -7�-MtiFtK Nancy Berry Commissioner, Precinct 3 Vol. aq 5 Pg. bQ Pg I of Ali BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) FNG,jvc)(,, �-A,6,ygv7 v - 1il _...J 1`�l�'�r1 D es Organization (PLEASE PRINT) pp(,V)6 BW 6 - 11 v ., -, k , C -D - xx, 8C 5�E,,J, �3c T 7 Vol. aq5 Pg. Pg -7,of BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) far iat.�- Organization (PLEASE PRINT) Cpm. Co(,E�= i BRAZOS COUNTY, TEXAS i ACCEPTANCE OF DONATED/AWARDED PROPERTY ` DONATION OF COUNTY PROPERTY Date:' 07/01/19 Requesting Department: Brazos Co. Sheriffs Office Division: Intake ✓❑:Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Iicin Description: 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•# Functional Non -Functional. Explain if Non -Functional. . Additional Description/Information: Clothing; Jewelry, Electronics and other mics Items left by: Inmates leaving the Brazos County Qetention Center in the month of May 2019 Estimated Value.- Acceptance alue: Acce ance of Donated Pro�' Donation of Couk Property Check the appropriate account based on Check the appropriate entity property being estimated value of property being accepted: donated to: 61235000 (Donation -Other)* Govemrnent Entity Brazos Co Sheriffs Office 60010000 (No Asset Tag - Under $500) . ' : Organization Name 67010000 (Minor Property - $500 - $4999) Other(Due to Statuatory 80010000 Ca ital Pro crtOvcr$5000Y re uirementsrior approval P is required by Purchasing: Organization Name *Dottalion — Other to be usedjorfiinds do�iated to Brazos Coemty jor use oja non-cormty expe�tdrture. 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 We discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos Co Sheriff's Office Department Name Authorized Signature ' Organization Receiving Donated Property. rukvt.�� Authorized Signature _ pproved or ncrs Court on this day o �,� q Commissioners Court Approval l/ol. Pg. BRAZOS COUNTY SHERIFF OFFICE BRAZOS COUNTY DETENTION CENTER BRAZOS COUNTY DETENTION CENTER INNATE RT PROPItY DISPOSITION FORM Date.Iuniate Left Facility ,� l BRAZOS COUNTY DETENTION. CENTER .. ... .. - .:. INMATE PROPERTY DISPOSITION.F:ORM - Date Inmate Left Facility JAIL ID#: 291227 SO#: 78501; 78501; 78501;78501;78501;78501;78501 This is to advise you, RAGSDALE, HEATHER MICHELLE, that the Brazos County Office of the Sheriff 41 grant you a period of one week (five working days) to.have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in. the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one -week (five working days), any and all property will be'donated to:the Brazos County Sheriff and disposed of to the person(s) , be organization -of .choice by order of the. Sheriff• of Brazos County, Texas. Your property will not be released to anyone other than the person you designate to pick it up, and can' be picked up .from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the pickuri (24 hours in advance).E. LIST OF PROPERTY 1) �1 o .611 l. - fimr� ,�/MiiL �^�L� . - 2' x z) ;� r 7) 9) 5) CCmrrn� nn �� 1� 10) Signature of lrirriate: '+ hax Date: -S -Time: Signature of Bailer: �Date: Time: CJ� Property disposed by -Date: Time: Person Basi ated to p' u roe �. p property:'_ rh'•... . Name: .:• Address: li r'e; C.�, ".::... .Telephone:T"L Signature of Officer Releasing Property Date: . . Signature of Person Pick up Properly. :: :. Date:. ' (Include, a copy of the person's identification that is. picking up the property) Form:18251nmite gropedy DisposltIon V®I. 'pfl. lel BRAZOS COUNTY. DETENTION CENTER ( 3, INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL IDN: 301749 SOM 63491; 63491 This is to advise you, SPENCE% RANDY LEE, that the Brazos'County Office of the Sheriff will grant you a period of one week (five working days) to have -anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to. the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property.wlII not be released to any one other than the person you designate to pick it up, and can be picked. up 'from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the nickua (24 hours in advance)„ LIST OF PROPERTY (?lee-, j�r=,!khIL e S 1, tf1-�dGl � Sti:r1' Sera 1.) 7 6)%1-6ffe S ' 2Ll( P e l 7) K19y 5 4) 9) i y .Z 5) �C o nr I p) V : SG eea Cyr Signature of Inmate: �t:1 ' Dater Time:�'r Signature of Jailer: Date: /��. Time: Property disposed by: Date: Time: Person designatedto pick up property:: . Name: hof ► 5 5k-"')•1 Address: 8, 6►, pl!q)e f ` LV 5 Telephone: Signature of Officer Releasing Property' - Date: Signature of Person Pick up property Date: .: (Include a copy of the person's identification that is picking up the property) Form:182S Inmate Property Disposltfon ... Vol. a P®. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM ......:... Date Inmate Leff Facility _5/24/19 JAIL IDN: 302867. SO#: 97126 This is to advise you, MANLEY; SIDNEY EARL, .M that the Brazos County Office of the Sheriff will . grant you a period of one week (five. working days) to have anyone of your choice to pick up and/or receive any and all property that you have accumulated during: time incarcerated in the Brazos County Detention, Center.. In the event that :no_ one has picked up •your property'after the.expiration of one week (five working days), any and all.property.will be. donated to.the Brazos County Sheriff•and disposed.: of to the persori(s) or organization of.choice by. ordei "of the Sheriff of Brazos County,•:Texas..Your property, will;not be released to anyone other than the person you designate to pick it :up; and can be picked up from'the Release Lobby of the Brazos County DeteationiCenter 1835 Sandy Point Rd. Bryan, T177803. To.avbid lona wait tames schedule the kickuo'(24 hours in advance). ' T T['1T AT TT ATTT1Tt7 ••• r- r BRAZOS COUNTY DETENTION.CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility. .:5n4/19 JAIL ID#c 300936 SO#: 78143 This is to advise you, THOMAS, ROBERT DEWAYNE, that the Brazos County Office of the Sheriff will grant you it period of one week (five working days) to have anyone of your choice to.pick up and/or ' receive any.'agd. all property that you have accumulated during your time -incarcerated .in the Brazos - County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff:and disposed of to the persons) or organization of choice by .order .of the' Sheriff: of Brazos -County, :Texas. - Your. property will iQoi be released to anyone other than -the person you designate to pick it up;.and can. . be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803..To avoid long wait Iiines -schedule the nickun (24 hours in advance). LIST. OF PROPERTY . 1) s� 6 . Uaw i0) . ::,:. iii irui i ric�rr,tc Y. Liaruai 1 tc �lv r V>tuvt . Date In Left Facility JAIL ID#: 300276 SOM 117780;-117780 This is to advise. you, LUNA, RODRIGO COLUNGA, that the Brazos County Offiee of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to:'pickup and/or :. receive any and all properly that .you have .accumulated during your .time :incarcerated in the Brazos . County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days),. any and all property will be donated to •the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order .of the Sheriff of Brazos County, Texas. Your.... property will not be released to any one other than the person you designate to pick it up, and can be.picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point.Rd. Bryan, TX 77803. To avoid long wait times schedule the Pickup (24 hours in advance/. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY. DISPOSITION FORM ' : . Date Inmate Left Facility^5/24/19 JAIL ID#: 303165:SOA 125433 This is to advise you, NORRIS, JOSHUA, that the Brazos County. Off ce of the- Sheriff will grant you a period of one.week (five working days) to have anyone of your choice to pick up and/or receive'any and all ro ert that ou.have'accumuli d..un -time incarcerated. in th".Brazos Count Detention P .P Y..... Y g Y Y Center. In the.event that'�no one has picked up your property:aRer the expiration of one'week (five :..working days), any and all property'will be donated to the Brazos.County Sheriff and disposed of to the person(s) or organization of choice •by order of the Sheiiff of Brazos County,, Texas. Your property will not be released to anyone other than .the person you designate: to pick it up, and can be picked up from the Release Lobby,bf the Brazos County Detention,'Center 1835 Sandy Point Rd. Bryan; TV 77803. To avoid long wait times schedule the. oickuo (24 hours in advance). LIST OF PROPERTY :. 1) Ln 5 .6 4l o. :.2 a.,Ls 7) 51 3) ,oma _ tLi,a 8) L" .5) 10) 0: S e-_ 61j t'1 if I I S ::Date:.::: :: Ti e'' Signature of Itunate: ) .. : . :. Signature of Jailer: /,(W Datei_5/24/19 Time:. -.0400 Property disposed by: Date: Time: . 'Person designated to pick up proertys . Name:. G e) n �&A n t .. :Address' 0ILenA :;;W �.:.. ..:Telephone:. .. Signature 'of Officer Releasing Property Date: Signature of Person Pickup Property Date: Include.a co of the rson's identification that is -picking -up the property) :. Pe pY Win: 1825 inmate Property Disposition .. :n ;..Val- 01. JAIL ID#: 299971SO#. -2530544' This is to advis'c: you, HAWKINS, VINCENT TERRELL, that the Brazos .County Offic�'of the Sheriff will grant you'a period of one week (five working days) s) to have.anyone of your choice t . o pickup and/or any receive .. e. . and all property roperty.that you -'have accumulated during your time incarcerated in the Brazos County Detention Center. -In the event that one has,pickidup, ' 5 ur p x your yoperty,afterthee pirationofone week (five working days),'a'n:y and all properi vill be donated to the Brazo's Co'uhty Sheriff and disposed. of to the'person(s) or -organization of choice by'order of the Sheriff of Brazos* County; Texas..'Your. , property. will not be released. to any one other than the person. you designate to pick.it t up, and can be picked up'from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 778.03. To avoid long wait times schedule [lie vicku6124 hours -in advance). LIST OF PROPERTY: e. f fl 6) 10)- b?,b1tO - — I \1 e- t- F V — Signiatfire'Of InmEite: Date i ?Time; 1.). 095 Signaturd of Jdiler:' .3)Ql jjj�j Date: Property ett disv6sed by. Dater Time:: Person designated to pick up property: Name: Address: -c-16 I I e. 1 e- Q,.:, i -at fovi 8 2r q_5 :.'Telephone: q—./ -Sigriiftw6of Offleer.Releasirig PrbpOrty Date: . . Signature of Person Pick u Property . . . ..... pers at is picking up th '21, Include a copy 0 entific'ition that r6pe I f the on's id e property) F.Chm., lks Inmate Property Disposition Vol. JAIL ID#: 301209 SON: 107444 'This is to advise you, ALTAMIRANDA, JEREMIAH JAVON, that the Brazos County Office of the: Sheriff will grant you a period of one week (five working days) to have anyone of your choice io pick' and/or receive. any and All property that you have accumulated during your time incarcerated in the Brazos County Detention Center.' In'the event that no one has picked up your property after the expiration of one week-(five working days), any and all property will be donated to the Brazos .County Sheriff and disposed: - of to the petson(s) or organization of choice by -order of the Sheriff of.Brazos County, Texas,- Your. property will not. be released to anyone other than the person you designate to pick it up, and can". . be. picked up from the Release Lobby of the Brazos County.Detention Center 1835 Sandy Point Rd.'. Bevan, TX 77803. To avoid long wait times schedule the nickun (24 hnurs in ndvnncel:' BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _5/24/19_ JAIL ID#: 296454 SON: 103951 This is to advise you, GOLDEN, DYLAN JAMES, that the Brazos County Office of the Sheriff will grant you.a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and all property .that .you have `accumulated during your time incarcerated in'the Brazos County. Detention Center. In the: event that no one has picked up your property. after the -exp ration of.one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriffof Brazos County, Texas: Your Property will not be released to anyone other than the person you designate to.pick it no, and can be picked up . from the Release Lobby of the Brazos -County Detention Center1835 Sandy Point Rd. Bryan, TX 77803. To avoid ions wait times schedule the riickun (24 hours in advance?. LIST OF PROPERTY. 6) 2) 8dta, ISS - 4bc,L 61 7) 3) :.rk, 8) { 4) amid 1g, 9) 5)wr>- 10 r r Property Use Policy Date: 7/9/2019 voi. ,:Qq5---- Pg.O�a— Overview This Property Use Policy is intended as a guide to the public and Brazos County staff regarding the use of Brazos County Properties by other local government entities, private entities, and citizens. When used with good judgment and common sense, the Property Use Policy will enable Brazos County staff to provide safe and reasonable access to County Properties, regardless of the function or event. County staff involved in the granting of property use should be familiar with, and adhere to, the guidelines set forth in this Property Use Policy. Staff cooperation is essential if the County is to provide the most fair and open access to County Properties. This Property Use Policy is subject to revision. Any variance from this policy will be solely at the discretion of the Brazos County Commissioners Court. Use of County Properties 1. Definitions The following words and terms, when used in this document, shall have the following meanings, unless the context clearly indicates otherwise: L "County Contact" shall mean the County Judge and/or his designee. ii. "County Properties" shall mean any property owned or leased by Brazos County, a political subdivision of the State of Texas, on which a General Function or Event may be held. iii. "Organizer" shall mean the individual or entity responsible for planning and hosting the General Function or Event. 2. Authority Subject to the provisions below, the following individuals are hereby granted the authority to oversee the use of the following properties. Use of any County Property not enumerated below shall be considered under the authority and oversight of the County Judge. L Elected Officials will have the direct authority over their own space granted by the Commissioners Court, provided they follow the provisions set out below. ii. The use of the Exposition Complex will be directed by the General Manager of the Exposition Complex. iii. The use of the Brazos Center will be directed by the General Manager of the Brazos Center. 3. Procedures for Property Use i. The County Judge and/or his designee at their own discretion, may elect to waive any and all fees for the use of County property if it is determined that the county is receiving fair value by allowing its use. Any requests for fee waivers or fee reductions will need to be submitted to the County Judge for approval. ii. The Organizer shall provide advanced written notice of any request to use County owned or leased property to the County Contact. The Organizer should not consider the event officially scheduled until he/she has received written confirmation from the County Contact. iii. The County Judge and/or his designee may, at their own discretion, reschedule, cancel, or refuse to schedule any event. iv. The Organizer shall comply with all the laws of the United States, the State of Texas and all Brazos County rules, policies and regulations. All persons in and on County property shall comply with the official signs of a prohibitory nature or otherwise, and with the directions of security force personnel and other authorized individuals. Brazos County has the right to have persons violating any provisions removed from the premises and to prosecute any and all violators to the fullest extent of the law. V. Brazos County prohibits disorderly conduct, including but not limited to loud and unusual noises, obstructing the normal and usual use of County property, or disturbing the general public in transacting business. vi. Soliciting contributions or collecting private debts on County property is prohibited. Commercial soliciting, vending and displaying or distributing commercial advertising on County property is prohibited, except when in conjunction with an event approved by the Court. vii. Hanging decorations on County property which could damage the building in any way is prohibited. viii. Prior arrangements shall be made to use any available audio/visual equipment. It is the Organizer's responsibility to supply, set up, and take down any decorations, displays or non -county signage if applicable. ix. County staff shall be present during all activities and events. These employees are not responsible for performing any personal services in conjunction with any activity or event. Staff members reserve the right to enter any portion of the room for any purpose whatsoever any time during the scheduled event. X. The Organizer shall be responsible for securing any permits or approvals required in connection with the event. xi. The Organizer shall not admit to any County Property more people thanis allowable by the City Fire Code. xii. The keys to all County property shall remain in the possession of the County. Entrances and exits shall be locked and unlocked by an employee of Brazos County in vol. P9, i�.� accordance with the time set forth in the agreement unless other arrangements are made and confirmed in writing. No organizer shall allow any additional locking mechanisms on any door or block any emergency exit. 4. Alcohol Policy i. Events held at the Brazos Center or Expo Center are governed by the Alcohol Policy located in the "Brazos County Events Facilities Policy Manual". ii. The consumption of alcohol on all other Brazos County Property is expressly prohibited unless authorized by the County Judge or his designee. THIS POLICY HAS BEEN PASSED AND APPROVED THIS 9 DAY OF v , 20 1 JI . Duane Peters County Judge Steve Aldrich Sammy Catalena Commissioner Pct. 1 Commissioner Pct. 2 Nancy Berry Irma Cauley Commissioner Pct. 3 Commissioner Pct. 4 IRON MOUNTAIN' SECURE SHREDDING SERVICES AGREEMENT This Secure Shredding Services Agreement ("Agreement") between Iron Mountain Secure Shredding, Inc. ("IM") and "Customer" is effective as of 10/1, 2019. Customer: Name Brazos County Records Management Address 200 Texas Avenue, Suite 168TX City Bryan State TX Zip 77803 Contact Name Lynn Allen T: 979-361-4565 Contact Email LAllen@brazoscountytx.gov F: Sales Re ID 213916 IM: District Name Houston Customer ID 24HPW Name Carlos DeLaTorre CUSTOMER Q cv - �� y,� 5 IRON MOUNTAIN SECURE SHREDDING, INC. Sign and date: Sign and date: Print Title:" v Print Title: W-^ �..: ,u...,.a...y, s}:• -4 »l:: -rt �,n _ L` b�yr.' H {' ��t's TiJ�-'+c^ J�' ¢s"n"rt '�xka..y Y}, ervices Desuiptron for;Recurring; paperSF_redding`Servues(the Seniice Uestription -j a;,,�t,� .;,,�a;,,�:,�� � � ".�j ❑ On-site (Mobile) ®Off-site Frequency: ❑ Weekly ® Every 2 Weeks ❑ Every 4 Weeks ❑Other Un1t Type . x'a # Price Per Total - ' Secure Console x $ 8.50 = $ 0.00 65 -Gallon Bin x $10.00 = $ 0.00 95 -Gallon Bin 16 x $ 12.50 = $ 200.00 Minimum Service Charge Per Visit $ 40.00 Estimated Total Per Service Visit = $ 200.00 Service Notes: Contract is effective on 10/1/2019. Waive set-up fee. Waive Zone 3 surcharge. 2019 agreement supercedes 2017 agreement with new pricing/terms. Regular pick-up will include two buildings next door to each other. Customer is starting service at every 2 weeks with the flexibility to change/cancel services due to low or high volume months. Customer is expected to schedule 12-16 visits per year, and any change/cancellations of services will not be billed to customer. Customer needs use of Freedom trucks. ffsite OnIy.��- Y � 7 ° 7 One�[ime PaperShredding Seniices O u M,_ k_- ': L . Vie,. x -zy k. .3.- Selection i # included' _: ' Price. Per _ , t ? Total' ;' Box Shredding Size:1.2 CF Rate ❑ Small 1-20 $ - _ $ ❑ Medium 21-50. $ _ $ ❑ Large S1-100 $ - _ $ Additional Box x $ _ $ 0.00 Estimated Total = $ Bin Shredding Rate ❑ Extra Small 1 Bin $ - _ $ ❑ Small 2-5 $ _ $ ❑ Medium 6-13 $ - _ $ ❑ Large 14-21 $ - _ $ Additional Bin x $ _ $ 0.00 Estimated Total = $ ervice Notes: Section 1 below does nota ply in the event of one time projects. onal charge for Unscheduled Service Visit: $60.00/ visit - Shredding of Standard 1.2 Cubic Foot Carton: $5.00/ carton Iner drop off fee of $10 (waived for initial Install) Transportation surcharges apply. IM's transportation surcharge policies, including fuel, may be found at htta://cic.ironmountain.com/Transaortation- iervice-Charges. Please refer to the Iron Mountain Customer Information Center at cic.ironmountain.com for a glossary of terms and further detail regarding ,ervices, certifications, standard processes, and billing. -Rates and charges above shall remain fixed for the first 3 years of this Agreement, and may thereafter be changed upon thirty (30) days' written notice, n an amount not to exceed 2.0% per year. IRON MOUNTAIN STANDARD TERMS AND CONDITIONS 1. Term and Termination 1.1. Term. This Agreement shall commence on the Effective Date set forth above and, unless otherwise provided in the Schedule, shall continue in effect for three (3) years with automatic renewal for successive one (1) year terms (the "Term"), unless written notice of non -renewal is IM -45 Rev. 4/11/17 @ 2017 IMSS, Inc. Page 1 of 2 Vol.. a q5, Pg. _1aL_ delivered by either party to the other not less than thirty (30) days prior to the expiration date or otherwise terminated in accordance with this Section 1. 1.2. Termination. Either party may terminate this Agreement if the other materially breaches this Agreement, provided that the breaching party has not been able to cure the breach within sixty (60) days after receiving written notice of such termination from the non -breaching party. In the event of any such termination, all amounts due for Services rendered up to the effective date of termination shall become due and payable. Upon termination, Customer shall permit IM to retrieve all IM secure containers and other property kept at Customer site, and IM shall have no obligation to provide further Services to Customer. The parties agree that in the event Customer fails to deliver materials for shredding in accordance with the Service Description above more than three consecutive times or cancels scheduled on site services more than three consecutive times, such incidents shall be deemed a material breach. 1.3. Effect of Early Termination. In the event that either (i) IM terminates the Agreement due to Customer's material breach as permitted under Section 1.2; or (ii) Customer terminates the Agreement without cause, Customer agrees that it will be difficult to determine actual damages IM may suffer as a result of such termination and Customer will be required to pay IM an early termination fee in the amount of 50916 of the average monthly invoice for the last six (6) months, excluding those with a balance of zero ($0) dollars, multiplied by the number of months remaining in the term (the "Early Termination Fee"). The parties further agree that the Early Termination Fee is a reasonable estimate of the probable loss that IM would suffer under the circumstances indicated. 2. Payment - All fees for the Services shall remain fixed for the first year of this Agreement, and may thereafter be adjusted by IM at any time upon thirty (30) days' written notice. Payment terms are net, thirty (30) days. Customer shall be liable for late charges totaling one percent (1%) per month of the outstanding balance. At any time during the term of this Agreement, IM may require Customer to enroll in electronic payment (including auto -pay) at no additional charge to Customer if: (i) Customer fails to pay its charges pursuant to the payment terms herein; or (ii) Customer's annual account charges meet IM's requirement for electronic payment. 3. Responsibilities 3.1. Right to Rely on Instructions. IM may act in reliance upon any instruction, instrument or signature reasonably believed by IM to be genuine, and may assume that any employee of Customer or Customer affiliates or subsidiaries giving any written notice, request or instruction has the authority to do so. 3.2. Hazardous Materials. Customer shall not deposit into secure containers nor deliver to IM any material considered toxic or dangerous or which is regulated under any federal or state law or regulation relating to hazardous materials. Customer's premises where IM employees perform services or make deliveries hereunder shall be free of hazardous substances and hazardous or dangerous conditions. Customer warrants that it shall only place paper-based materials in the Secure Consoles or 65 -gallon bins together, (the "Shredding Bins"). For the avoidance of doubt, if any small paperclips, staples, or binder clips are attached to such paper based materials, they may also be deposited in the Shredding Bins. Customer shall reimburse IM for damage to equipment or injury to personnel resulting from Customer's breach of this provision. 4. Force Majeure - Each party shall be excused from any delay or failure in performance under this Agreement for any period if and to the extent that such delay or failure is caused by acts of God, governmental actions, labor unrest, acts of terrorism, riots, unusual traffic delays or other causes beyond its control. S. Confidentiality -"Confidential Information" means any information concerning or relating to the property, business and affairs of the party disclosing such information that is furnished to the receiving party, and regarding this Agreement, its Schedules and IM's processes and procedures; except for information that was previously known to the receiving party free of any obligation to keep it confidential, is subsequently made public by the disclosing party or is disclosed by a third party having a legal right to make such disclosure. Confidential Information shall be used only in the manner contemplated by this Agreement and shall not be intentionally disclosed to third parties without the disclosing party's written consent, except as authorized in Section 6. IM shall not obtain any rights of any sort in or to the Confidential Information of Customer contained in Deposits. IM shall implement and maintain reasonable safeguards designed to protect Customer's Confidential Information. 6. Referral Right - IM shall not have the right to use Customer's name in connection with discussing opportunities with prospective customers. 7. Limitation of Liability - IM shall not be responsible or liable for the release, disclosure, or loss of any materials deposited in secure containers or otherwise delivered to it for secure shredding unless the release, loss, or disclosure is due to IM's negligence. IM's maximum liability for all claims arising with respect to the Services provided under this Agreement shall not exceed the aggregate amount paid by Customer with respect to the Services being provided during the six (6) months preceding the event which gives rise to a claim. IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. Presenting Claims- Customer must present any claim with respect to the Services in writing to IM within a reasonable time and in no case later than three (3) months after the occurrence of the event on which the claim is based. 9. Warranty - Customer warrants that it is the owner or legal custodian of, or otherwise has the right to deliver for secure shredding, any and all materials provided to IM hereunder. Customer agrees to reimburse IM for any expenses reasonably incurred (including reasonable legal fees) by IM as a result of IM's compliance with Customer instructions regarding the disposition of such materials. 10. Miscellaneous 10.1. Notices. All notices hereunder shall be in writing and addressed to either party at its address given above. Notices to IM shall be sent to the attention of its General Manager. 10.2. Binding Nature and Assignment. This Agreement shall be binding on the parties and their respective successors and assigns. Except as permitted by Section 10.5, neither party may assign this Agreement, except to an affiliate, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. An affiliate means any entity controlling, controlled by, under common control with, or having a common parent with IM or Customer. 10.3. Purchase Orders. In the event that Customer issues a purchase order to IM covering the Services provided under this Agreement, any terms and conditions set forth in the purchase order which constitute terms and conditions which are in addition to or which establish conflicting terms and conditions to those set forth in this Agreement are expressly rejected by IM. 10.4. Additional Services. This Agreement sets forth the complete terms and conditions for Services to be provided hereunder. In the event that Customer requires other services related to the management and storage of records and/or media, Customer shall contract for such records/media management and storage services under Iron Mountain's standard Customer Agreement. In the event any such records/media management and storage services are provided under the Customer account number associated with this Agreement, such services shall be governed by the terms and conditions of the aforementioned Iron Mountain Customer Agreement. IM -45 Rev. 4/11/17 © 2017 IMSS, Inc. Page 2 of 2 10.5. Services Provided by Third Parties. IM may subcontract its obligations under this Agreement, in whole or in part, to an affiliate. furthermore, IM may procure the services of any responsible third party, subject to IM's management approval process for third party providers, to perform all of part of the Services, but IM shall remain liable for all Services performed for Customer. 10.6. Choice of Law. This Agreement shall be governed by the law of the state in which Customer's office identified in this Agreement Is located excluding conflicts of laws principles. IM -45 Rev. 4/11/17 © 2017 IM55, Inc. Page 3 of 2 Via aas pq, J.q-w _ a Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PRONE (979) 361-1290 FAX (979) 3614293 June 18, 2019 Allstar Pest Control Plione: 979-229-28i5 8899 Green Branch Loop Bryan, TX 77808 Re, Reneival of Contract 1x20 -016R, for Pest Control &rrices. Brazos County appreciates the quality work your company has provided and would tike to exercise the renewal option for Pest Control &rWces, 20-0168 previously known as 19-00.18, 18-02OR and 2016-09. This renewal term will be for one year starting October 1. 2019 through September 30, 2020. All terms, conditions, and pricing shall remain the same. To accept the renewal please fill out the information and sign below. Return the signed documents by email to hnaness,,dDbrazoscountytx.gov or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 3614284. Contact Name: 1!1+00 Title �� LVVA- E-Mail:�' ( �'�{t,�LLt_gG��mai1 0013clepone: ALLSTAR PEST CONTROL U--Mk Authorized Signature RA CO TY Duane Peters, County Judge Page 1 of i lVaLIE5 pg. U)7 ol'-qln- Date 'o-1 I Q Date Bid Tabulation IQ 20-01611 Pest Control : previously known as 19-004R, 18-020R and 2016-09 October 1, 2019 - September 30, 2020 3rd and Final Renewal: Alistair Pest Control Appro by mmission on this r1 day of 1-3 2019 by holding the position of 0 ORTHO ORKIN ABC SHAMROCK- RP LEE `,�ALLSTAR' �WAf�AIn 1 Brazos CountyCourthouse $70.70 $100.00 $100.00 $80:80 $110 00 7 z=s` ' �, x,,$90 00k� NO BID 2 Tax Office Space $36.30 $30.00 $60.00 $30:88 $45.00$350„:' y: NO BID 3 Maintenance Building $36.30 $30.00 $30.00 $25-00 $20.00 ' $35`Qff NO BID 4 Health Department $43.97 $30.00 $50.00 $26.00 $25.00 -$3,0;00."° . NO BID 5 Adult Probabtion $45.38 $30.00 $35.00 $24.M $25.00 w. NO BID 6 Brazos Center/Museum $86.63 $75.00 $100.00 $60:89 $75.00 $65:00 ..` " NO BID 7 Arena Hall $27.23 $30.00 $40.00 $30.00 $25.00 $30.00 NO BID 8 Ag Extension $20.30 $30.00 $35.00 $25.00 $20.00 $30:00' NO BID 9 Road and Bridge $89.10 $30.00 $40.00 $254)0 $25.00 $30`.00 ` - NO BID 10 Detention Centerijail $247.50 $100.00 $100.00 $300:80 $110-00 $90:00 NO BID 11 Juvenile Justice + 2 Portable Buildings $165.00 $80.00 $90.00 $7500 $25.00 $75:00^• NO BID 12 Administration Building $78.38 $40.00 $50.00 $35.0 $80.00 $40.00. NO BID 13 Sheriff's Office $82.50 $40.00 $45.00 $35.0 $35.00 ;", $30.00. ',- NO BID 14 Maxwell Building $35.31 $30.00 $45.00 $25:00 $25.00 •$35:00 NO BID 15 Expo Center $371.21 $100.00 $115.00 $90:00 $150.00 $95:00' NO BID 16 Brazos County Storage $16.50 $20.00 $25.00 $29.09 $25.00 $25.00, - n NO BID 17 JP Pct. 3 $23.93 $30.00 $35.00 $25400 $25.00 : ,$30.00. NO BID 18 Low Risk Facility $49.50 $35.00 $50.00 $30:00 $40.00 S35 00 NO BID 19 Old MHMR Building $35.97 $40.00 $40.00 $36.90 $35.00 $35.00 NO BID 20 Old Tax Office $78.54 $30.00 $40.00 $30.00 $20.00 `" $30.0Q," : NO BID 21 Fleet Services. ,. ...$30:00" 22 Boonville Heritage Park Total $1,640.25 $930.00 $1,125.00 $82&N $940.00 $975,00: $0.00 3rd and Final Renewal: Alistair Pest Control Appro by mmission on this r1 day of 1-3 2019 by holding the position of 0 OR Brazos County Pp OF Purchasin �� .De artmient 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 June 19, 2019 Pye- Barker Fire & Safety, LLC 670:I_ Imperial Dr: Waco, TX.76712 Re. Renewal of Contract#20-0*18R Fire F,#iagmisliers, Sprinkler Systems, Inspections, Maintenance and Testing for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for #20-018R Fire Exiinguisl:ers, Sprinkler Systems, Inspections, Maintenance and Testing, previously known as 18-021. All terms, conditions, and pricing shall remain the same. This renewal tern will be for one year from October 1,.2019 through September 30; 2020. To accept the renewal option, please fill out' the information and sign below. Return the signed documents by email to hnaness@brazoscoun�-.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or -mail to the address listed. above. P[ease-return acceptance as soon as possible. Ifyou have any questions, T may be reached at (979) 361-4$94. Contact Name:- Title:,_ 1f}/1/44E; PYE-.BARKER FIRE & _SAFETY, LLC Authorized .Signature MMA 2 M 011,4k 21 �__ - 0 Duane. Peters, CountyJudge Date f Date von. a� Pg. i aG ttecnarge/tcenn or BID TABULATION #20-01811 previously known as #18-021 5# As needed $15.00 Originally awarded to Davis Fire. Assignment done to Pye Barker 12/18/2018 $15.00 Ire Extinguishers, Sprinkler systems, inspections, rain enance Sna I es Ing 500 $20.00 10# DATE: October 1, 2019- September 30, 2020 . $28.00 $25.00 $20.00 $27.00 Cost/Unit 2 .00 $28.50 20# Type of Frequency of A-1 Fire American Apollo FireTron Design Da7i Firetrol Inspection Inspection $35.00 Fire Prot. Fire 5 .00 $80.00 Security Fire $20.00 Fire Extinguishers Annually $5.00 $5.10 $4.00 $7.00 $9.00 $4.-50 $9.00 Maintenance of Fire Every 6 $12.00 $25.00 $30.00 $0.00 $25.00 $,2. See Notes Below Extinguishers years S. $650.00 Sprinkler Risers Annually$100.00 $0.00 $50.00 $150.00 Hydro Testing of Fire Extinguishers Every 12 years $15.00 $50.00 $65.00 $0.00 $55.00 $ .00 See Notes Below ttecnarge/tcenn or Fire Extinguishers 5# As needed $15.00 $25.00 $15.00 $15.00 $20.00 500 $20.00 10# As needed. . $28.00 $25.00 $20.00 $27.00 $25.00 2 .00 $28.50 20# As needed $45.00 $35.00 $25.00 $59.00 $35.00 $45.09 $38.50 K/61. As needed $59.00 $125.00 $35.00 $27.00 $160.00 5 .00 $80.00 H20/2.5 gal As needed $20.00 $25.00 $10.00 $10.00 $125.00$� 0.00 $32.00 Sprinkler System Annually $105.00 $175.00 $125.00 $200,00 $75.00 $1 $215.00 Sprinkler Pumps Annually$185.00 $500.00 $300.00 $550.00 $450.00 S. $650.00 Sprinkler Risers Annually$100.00 $0.00 $50.00 $150.00 $75.00 $30000 $55.00 Sprinkler Backflows Annually $45.00 $50.00 $75.00 $175.00 $95.00 45 00 $150.00 Fire Hose & re -rack Annually $20.00 $10.00 $35.00 $13.00 $17.00 $ .d0 $15.00 Hydro Testing of Every 3 $60.00 $35.00 $65.00 $21.50 $50.00 $50.00 $35.00 Fire Hose & re -rack years Suppression System Semi -Annual $60.00 $75.00 $125.00 $125.00 $200.00 $50.00 $75.00 InspectionFusible Semi -Annual $0.00 $0.00 $0.00 $0.00 $200.00 $0.00 $0.00 Linkss Replacement of Fusible Links Semi -Annual $10.00 $15.00 $4.00 $16.50 $12.00 $9.00 $10.00 Recharge of chemical $100.00 $71.50 $2,000.00 $200.00 and/or propellant for As needed $25.00 per Ib per gal $225.00 -$3,500.00 S per Suppression system per size 1.5 gal Purchase of fire Extinguishers Size Cost/ Unit ABC 5# $50.00 $50.00 $38.00 $65.00 $70.00 $50 00 $50.00 ABC 10# $70.00 $80.00 $65.00 $95.00 $100.00 00 $85.00 ABC 20# 1 $155.00 $125.00 $117.00 $170.00 $160.00 $15 00 $160.00 Class K 6L $160.00 $175.00 $182.00 $225.00 $250.00 $60.00 $175.00 H2O 2.5 gal $120.00 $160.00 $117.00 $46.00 $250.00$• 20.00 $175.00 Service Calls Cost Hourly to include trip $75.00 $95.00 $75.00 $165.00 $75.00 =$4700 $85.00 includes after charge and travel houremerg. Per man hour Calls 2 hour min. straight time Mtnce of fire ext. 5# @$25.00, 10# @ -- $.32.00,20# @ $48.00. .. Hydro Test of Fire Ext. Notes and Exceptions 54 @ $32.00,10# @ - $38.00, 20# @ $55.00, K/6L @ $80.00, H20/2.5 gal @ $32.00 Grand Totals 1 $1,439.001 $1,960.101 $1,648.50 $2,387.00 $4,533.001 $2,685.00 1st renewal of3 Pye-Barker Fire & Safety �_ day okof� 2019 by ti=1t=Ing the positioV �� Vol. pg, L3d Brazos County 5' Purchasing Department 200 SOUTH TEXAS AVE'SVITE 352 BRYAN, TX 77803' PHONE'(979) 361-4290 FAX (979) 361.4293 June 24, 2019 Allison Enterprises, INC DBA'Kleen-Air Filters Service & Sales PO Box.207 Groesbeck, TX 76642-0207 Re: Renewal of Contract #20-020R for Kleen Air Filters Service & Sales for Brazos County. Brazos County appreciates the quality work your company has provided and wouldlike to exercise the renewal option for Kleen Air Filters:Service & Sales 20-020R, previously known os 19-002. All-tehns, conditions; and pricing shall remain the same. This renewal term will be for one year from October 1, 2019 to September 30, 2020. To accept :the renewal .option, . please fill out the :information and sign below. -Return -the signed documents by email to sdubec@brazoscountytx:gov of fax to .(979) 3.61-4293. Please then submit an updated Certificate of insurance by email or mail .to the address fisted above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-.4294. Contact Name: E -Mail., ✓f`' l/fPc�ill//d / /7Ji Tele hone•_..r Allison Enterprises, INC Authorized Signature RA S C NTY S, Ael Duane Peters,'County Judge voi. A5_ Pg.131 Date Date p 03 IQ 20-020R Previously Known As 19-002 Filters October 01, 2019 - September 30, 2020 Renewal 1 of 3 niter ft. 1 z ' ` 3 4 `.. 5 6 :7. 8 9 - 10'' 11 12 , 13 _ ' 14 Estimated # of Filters Used/Year 16 12 16 40 52 24 16 4 92 8 140 4 4 64 8 Cost/ Case $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 ---$60.00 $60.00 $6.00 4 of Filters/ Case 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Johnstone Supply Cost per Filter $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $0.50 Total Cost $80.00 $60.00 $80.00 $200.00 $260.00 $120.00 $80.00 $20.00 $460.00 $40.00 $700.00 $20.00 $20.00 $320.00 $4.00 Brand Purolater Cost/ Case $184.32 $277.44 $361.20 $184.32 $184.32 $277.44 $204.48 $198.72 $246.96 $156.72 $95.76 $117.12 $288.72 $236.16 $132.48 Advanced Filtration a of Filters/ Case 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 Products, Inc Cost per Filter $7.68 $11.56 $15.05 $7.68 $7.68 $11.56 $8.52 $8.28 $10.29 $6.53 $3.99 $4.88 $12.03 $9.84 $5.52 Total Cost $122.88 $138.72 $240.80 $307.20 $399.36 $277.44 $136.32 $33.12 $946.68 $52.24 $558.60 $19.52 $48.12 $629.76 $44.16 Brand Camfil Cos tsse $I 0.46 $92 26 $224 51 $43.0 $77.04 389.68 .40 24 6D 59.Z8 28.68 $38.44 33 srs% Dass 24 24 24 Z4 � 24 24 � --� 1�2 iCitst t Int t$5..02 t$4'T01� IS8�23� &$LrDO� E$3T2 $bT20 W$T$85M t$2?05M �S�_94'� t$3ti38� I$_2T37� biiK-A $7200$266 92 $4 9.6E $29. $8.20 $4 48 $19 iT $33 80 3rand� KALSs'r=-K4RV 13 94. $349335.40 = t$2.9E$2950 31.52 $185,24 52360 Cost/ Case $73.80 $91.44 $165.96 $52.68 $73.80 $133.20 $52.80 $75.12 $107.64 $75.00 $42.72 $52.80 $205.32 $81.48 $58.20 Dustless Air Filter q of Filters/ Case 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Company Cost per Filter $6.15 $7.62 $13.83 $4.39 $6.15 $11.10 $4.40 $6.26 $8.97 $6.25 $3.56 $4.40 $17.11 $6.79 $4.85 Total Cost $98.40 $91.44 $221.28 $175.60 $319.80 $266.40 $70.40 $25.04 $825.24 $50.00 $498.40 $17.60 $68.44 $434.56 $38.80 Brand Koch or Glas floss 16 :,: =17 `. 18 ,, 19'• 20 u 21 22 ; 23 24 25 26" 27 28 29 30 $69.00 $66.12 4 72 8 8 156 4 20 4 8 4 36 20 16 1145 788 496 32 492 $60.00 $60.00 $60.00 $60.00 $6.00 $60.00 $60.00 $72.00 $72.00 $72.00 $72.00 $72.00 $72.00 $72.00 -$72 0-0 $72.00 $84.00 $84.00 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 $5.00 $5.00 1 $5.00 $5.00 $0.50 1 $5.00 1 $5.00 1 $6.00 1 $6.00 1 $6.00 $6.00 $6.00 $6.00 $6.00 1 $6.00 $6.00 $7.00 $7.00 $20.00 $360.00 $40.00 $40.00 $78.00 $20.00 $100.00 $24.00 $48.00 $24.00 $216.00 $120.00 $96.00 $6,870.00 $4,728.00., $2,976.00 $224.00 $3,444.00 $354:96 $118.32 $242.88 $139.68 $139.68 $330.96 $283.92 $394.56 $157.92 $356.40 $109.92 $50.52 $85.56 $57.36 $69.00 $66.12 $74.76 $80.16 24 24 24 24 24 24 24 24 24 24 24 12 12 12 12 12 12 12 $14.79 $4.93 $10.12 $5.82 $5.82 $13.79 $11.83 $16.44 $6.58 $14.85 $4.58 $4.21 $7.13 $4.78 $5.75 $5.51 $6.23 $6.68 $59.16 $354.96 $80.96 $46.56 $907.92 $55.16 $236.60 $65.76 $52.64 $59.40 $164.88 $84.20 $114.08 $5,473.10 $4,531.00 $2,732.96 $199.36 $3,286.56 $325 $38 26 W45. 70 II $1 6 $4i. $33.00 536 36 $34. $33.60 $40 32 2 $48 9,20 ES Tt1 2T1 $3TC 3T E$ ZII S pOH t$ 7.8 5J�43= t$ 63-6 W$4177 3.Q3 K57�902 E$ZTiO A=W$-R-W4rM 12 12 �Ss.O,' $4�0-m$1302 rj "9-1, 20 $122.80 $52.68 $107.04 $107.04 $59.52 $95.76 $114.48 $205.32 $67.92 $97.44 $50.52 $59.76 $79.56 $53.64 $62.64 $61.80 $72.36 $72.36 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 $10.23 $4.39 $8.92 $8.92 $4.96 $7.98 $9.54 $17.11 $5.66 $8.12 $4.21 $4.98 $6.63 $4.47 $5.22 $5.15 $6.03 $6.03 $40.93 $316.08 $71.36 $71.36 $773.76 $31.92 $190.80 $68.44 $45.28 $32.48 $151.56 $99.60 $106.08 $5,118.15 $4,113.36 $2,554.40 $192.96 $2,966.76 Recommended Award: Kleen Air Filters Service & Sales prop by C rmissioner s o rt on this,_ day of \S , 2019 by �� �elditl~ the position of 34 35 `; 36 :;37 38 t 39 40 41 42 Totals Delivery time Truck: Own/ Out Sourced . Req.laftgate 36 76 24 8' 32 104 80 192 16 2 days own $84.00 $84.00 $84.00 $84.00 $60.00 $66.00 $72.00 $72.00 $84.00 $2,718.00 yes 12 12 12 12 6 6 6 6 6 $7.00 $7.00 1 $7.00 1 $7.00 1 $10.00 1 $11.00 $12.00 1 $12.00 $14.00 1 $252.00 $532.00 $168.00 $56.00 $320.00 $1,144.00 $960.00 $2,304.00 $224.00 $27,852.00 $151.80 $89.52 $102.36 $334.44 $52.86 $60.96 $70.50 $74.52 $73.08 $7,268.88 3 - 5 days own yes 12 12 12 12 6 6 6 6 6 $12.65 $7.46 $8.53 $27.87 $8.81 $10.16 $11.75 $12.42 $12.18 $455.40 $566.96 $204.72 $222.96 $281.92 $1,056.64 $940.00 $2,384.64 $194.88 $28,768.30 13 $4' 5111 $57t9� il! S ab 30.60 WS.1ES d $42 36 $+IS 3G $2, 7653 $133.80 $76.68 $93.12 $346.92 $49.14 $56.94 $68.04 $64.80 $68.88 $3,842.92 Business days own yes 12 12 12 12 6 6 6 6 6 $11.15 $6.39 $7.76 $28.91 $8.19 $9.495-7 $11.34 $10.80 $11.48 $401.40 $485.64 $186.24 $231.28 $262.08 $986.96 $907.20 $2,073.60 $183.68 $25,864.76 Recommended Award: Kleen Air Filters Service & Sales prop by C rmissioner s o rt on this,_ day of \S , 2019 by �� �elditl~ the position of Item Covers$eet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 F DEPARTMENT: CC 2019 - Right of Way Road and Bridge NUMBER: Acquisition -Jake Howard Family Partnership One, Ltd - Windy Ryon Road - 4.1 DATE OF COURT MEETING: 7/9/2019 ITEM: Approval of Special Warranty Deed from the Jake Howard Family Partnership One. Ltd. for 4.17 acres of land to be used for improvements to Windy Ryon Road located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/27/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Right of Way Acquisition - Jake Howard Right of Way Acquisition - Jake Howard Family Partnership One Ltd - Windy Ryon Road - 4.17 acres of land.pdf Family Backup Partnership One, Material Ltd - Windy Ryon Road - 4.17 acres of land L"PR 7 V/? Duane Peters Date County Judge Vol. �� �� Pg. s. lhttnc-//hra7nc.nnviigacrencia.rnm/naend.gwebIC overSheet.asnx?itemlD=19147 7/5/2019 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Windy Ryon Road KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): JAKE HOWARD FAMILY PARTNERSHIP ONE LTD Grantor's Mailing Address: 8541 CR 157 Iola, Texas 778614362 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 2e Street Bryan, Texas 77803 Consideration: Ten and No/1.00 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 4.17 acres of land situated in the SAMUEL DAVIDSON SURVEY, A-13,. Brazos County Texas, and being a part of that certain Called 113.195 acre tract as described in Deed from Jake Howard , et ux to Jake Howard Family Partnership One Ltd of record in Volume 11072, Page 180, Official Records of Brazos County, Texas, said 4.17 acre tract being more particularly described by metes and bounds as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page 1 of 3 va. aQ S py, 13 (Q` Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this.20L day of u -h e. —92019. Jake Howard Family Partnership One Ltd. By: Jake Howard GP One, LLC r B Angel tte M. oward, Manager Page 2 of 3 Vol. aGS pg. I3% Acknowledgment STATE OF TEXAS COUNTY OF i�cti.zcs This instrument was acknowledged before me on `-026 ' /9 by Angelette M. Howard, Manager of the Jake Howard OP One, LLC. Y�4 DARRELL W KOLWES Notary 1D 07778941 ti�; My Gammission Expires vvlltiti..��� ?� �' July 23.2022 Notary Public, State of Texas Page 3 of 3 va. pg. 13a 1722 Broadmoor Ste. 105 CITRONG Bryan, Texas 77802 4 Phone: (979) 776 — 9836 OURVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com EXHIBIT "A" SHEET 1 OF 5 BRAZOS COUNTY WINDY RYON ROAD 4.17 ACRES RIGHT -OF --WAY IMPROVEMENTS OUT OF THE JAKE HOWARD FAMILY PARTNERSHIP ONE LTD. CALLED 113.195 ACRES VOLUME 11072, PAGE 180 SAMUEL DAVIDSON LEAGUE, A —13 BRAZOS COUNTY, TEXAS SEPTEMBER 12, 2018 All that certain lot, tract or parcel of land being 4.17 acres situated in the SAMUEL DAVIDSON LEAGUE, Abstract No. 13, Brazos County, Texas and being a part of that certain Called 113.195 acre tract as described in Deed from Jake Howard et ux to Jake Howard Family Partnership One Ltd. of record in Volume 11072, Page 180, Official Records of Brazos County, Texas, said 4.17 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Y4" Iron Pipe found at the point of tangency of a curve in the westerly right-of-way line of Windy Ryon Road for the most southerly comer, said point being a point of tangency of a curve in the east line of said Called 113.195 acre tract; THENCE N 2 " 31 ' 45 " W, a distance of 139.28 feet to a 112" Iron Rod with Cap set for the beginning of a curve; THENCE around a curve in a clockwise direction having a delta angle of 44 ° 20'30 ", an arc distance of 386.95 feet, a radius of 500.00 feet, and a chord of N 19 ° 38 ' 30 " E, a distance of 377.37 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE N 41 ° 48'45 " E, a distance of 967.51 feet to a 1/2" Iron. Rod with Cap set for the beginning of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 87 " 07' 32 ", an arc distance of 653.87 feet, a radius of 430.00 feet, and a chord of N 1 ° 45' 01 " W, a distance of 592.67 feet to a 1/2" Iron Rod with Cap set in the southwest right-of-way line of said Windy Ryon Road and the northeast line of said Called 113.195 acre tract for the most northerly corner, a 3/4" Iron Pipe found for the most northerly comer of said Called 113.195 acre tract bears N 45 ° 18'47 " W a distance of 242.55 feet; THENCE S 45 " 18 '47 " E, along the northeast line of said Called 113. 195 acre tract and the southwest right-of-way line of said Windy Ryon Road a distance of 469.06 feet to a Bent 3/4" Iron Pipe found for angle point, said point being an angle point of said Called 113.195 acre tract; 1 voi. aciS P.. ��.. 1722 Broadmoor Ste. 105 CITRONG Bryan, Texas 77802 4 Phone: (979) 776 — 9836 OURVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.cam V THENCE S 1 "45'02" E, along the east line of said Called 113.195 acre tract and the west right-of-way line of said Windy Ryon Road a distance of 43.48 feet to a 314" Iron Pipe found for angle point, said point being an angle point of said Called 113.195 acre tract; THENCE S 41 " 48'45"W, along the southeast line of said Called 113.195 acre tract and the northwest right-of-way line of said Windy Ryon Road a distance of 1423.52 feet to a 3I4" iron Pipe found for the point of curvature of said curve, said point being a point of curvature of said 113.195 acre tract; THENCE with the southeasterly line of said Called 113.195 acre tract and the northwest right-of-way line of said Windy Ryon Road around a curve in a counterclockwise direction having a delta angle of 44 ° 20 ' 30 ", an arc distance of 406.92 feet, a radius of 525.80 feet; and a chord of S 19 ° 38' 30 " W, a distance of 396.84 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 4.17 ACRES OF LAND MORE OR LESS, according to a survey performed on the ground during August, 2018 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the southeast line of said 113.195 acre tract to Grid North NAD83 (CORS 2011) epoch 2010.00 State Plane Central Zone. 2 L4 NOTES: North Orientation is based on rotating the southeast line of 113.195 Ac. Tract to Grid North NAD83 [CORS 20111 epoch 2010.00, Slate Plane Central Zone. All easements and/or utilities may not be shown on thls plot. O 1/2" Iron Rod w/Cop Set • 3/4" Iron Pipe Found R=500.00' D=44'20'30" L=386.95' T_203.75' LC=377.37' CB=N 19'38'30" E Jake Howard Family Partnership One Ltd. Called 113.195 Ac. 11072/180 4.17 ACRES /ice ,----- N 02031'45" W - 139.28' i P.O.B. I, H. Curtis Strong, Registered Professional Land Sur No. 4961, do hereby certify that this plot represents results of an on the ground survey performed under supervision during August. 2018..and is true and core the best of my knowledge. rn i l -ir^i R=525.80' D=44'20'30" L=406.92' T=214.26' LC=396.84' CB=S 19'38'30" W tCall Curve Data) R=525.80' D=44'20'30" L=406.92' Ey H I B I TO A" BRAZOS COUNTY WINDY RYON ROAD 4.17 ACRES RIGHT-OF-WAY IMPROVEMENTS OUT OF THE JAKE HOWARD FAMILY PARTNERSHIP ONE LTD. CALLED 113195 ACRES VOLUME 11072, PAGE 180 SAMUEL DAVIDSON LEAGUE, A -13 BRAZOS COUNTY, TEXAS SCALE 1" =100' SEPTEMBER 12, 2018 SHEET 3 OF 5 Jake Howard Family Partnership One Ltd. Called 113.195 Ac. 11072/180 N 41°48'45" E 967.51' 4.17 ACRES = z _ S 41'46'45` _W 142_3.52' _ _ _ ICall S 44.24'30' W 1423.52'} H in — ^ WINDY RYON ROAD 11143/121) — N w _ —3 — �-------- ----- ---------r ,--_ m x MM m to -� an w a THE QUARTER HORSE RANCH ADDITION Called 224.406 Ac. 1143/121 SHEET 4 OF 5 F, CA N 45918'47" W - 242.55' to a 3/4" I.P. Fnd. for North Corner Called 113.195 Ac. Joke Howard Family Partnership One Ltd. i I I I Called 113.195 Ac. ( �. 11072/180 I I I I � N R=430.00' I° I D=87007'32" I I L=653.87' p to f T=408.95' a, I —I LC=592.67' o I QI CB=N 0I"45'01" W I < II z I I >- I N ISI 1511 4.17 ACRES I 1 1 20' w. U1iGty Esm1. 11143/1211 — 1 — — — — — — — / S 41.4e'45" w 1423.52— J / S 01"45'02" E - 43.48' — — — — — — {Call S 0050'44" W - 43.481 THE QUARTER HORSE RANCH ADDITION Called 224.406 Ac. 1143/121 SHEET 5 OF 5 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Windy Ryon Road Project: 01-1193 W.O. No.: 33515 Precinct: I (we) the undersigned owner(s), accept payment of $104,740.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 4.17 acres of property located on the above mentioned project. Jake Howard Family Partnership One, Ltd. By: Jake Howard GP One, LLC By:( Ange ette . M. Howard, Manager Date: E . �RP9•� Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 1 DEPARTMENT: CC 2019 - Utility Permit - Uniti Road and Bridge NUMBER: Fiber- Rabbit Lane - Install 2.56 miles of underground fiber optic DATE OF COURT MEETING: 7/9/2019 ITEM: Approval of the SDT Solutions, LLC utility permit to install 2.56 miles of underground fiber optic on Rabbit Lane. Line will be 42 inches deep and within 5 feet of west right of way line on. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/25/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit- SDT Solutions, LLC - Rabbit Utility Permit - Unit! Fiber - Rabbit Lane - Install fiber optic a distance of 2.56 miles along the west side.pdf Lane - Install 2.56 Backup miles of underground Material fiber optic on west side of Rabbit Lane. PPRO D Duane Peters Date County Judge Val. a`L-pg. l 5- httDs://brazos.novusaizenda.com/AizendaWeb/CoverSheet.asDx?ItemiD=19142 7/5/2019 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now 5 DT 5 mor/v&& .t. L C. [company name], hereinaflar referred to as "Company" a Nl I SSt SS,i PPI[state] Corporation, with authority to transact bus9ncss in Texas, acting by and through its duly authorized representative, and hereby notifies ilia County Engineer of its intent to lay, construct, maintain, rgmir and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and sold location described as follows: -T4j6r"4 F18EK DPrlas APpro�r .1.sG M,4FT *wfj& TW WEST sial: of kABBIT •LN, FRowt A N 190ERGy S v$STATiaAJ ro A• Pogr CA,9, �✓G 4L D Sf401SN Rb / 7'X 05R. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 'q 0 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, It has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict willt any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. EVolo . pg,�(Q Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, i certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. S DT SOLUr►ood-s, LLC Company Name PIZQUa A4 AAJA Title n S Fcn,A� V7- Address rAddress 39-nokgwat:J . M<— 39&W Phone Number [001 Z54 7 old 4 Email: TASCO -SOa B5 (9S D'T-1, em Vol. aqs pg.1�_ ACCEPTANCE OF NOTIFICATION 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 except as noted below: EXCEPTIONS: �)o K.c .�;ti- Brazos County Engineer JOB INFORMATION APPROVED: DATE. JOB K NIA UNDERGROUND: EST -K557lACT - AERIAL: NIA TOTAL FIBEN: EST. - 88,159'! ACT• - VICINITY MAP EH -T-153 (FROM EH -P-155 TO EH -T-153) HEARNE, TX 77859 PLANS FOR PROPOSED PROJECT: FIBER OPTIC INSTALLATION May 8, 2019 ,m o. Uniti Fiber Q.o ao CONTACT LIST PROJECT MANAGER JOHN HARTMAN - (251) 753-1328 ENGINEER: MICHAEL BOYKIN - (601) 201-3577 PROJECT CONTACT; KAREN NIELSEN - (601) 874-2627 ATTENTION PERMITTING DEPARTMENT DIRECTORY OATS OWG DESCRIPTION AaSRlm SRJ19 COI UROERGROUNb.RABDITIN Sblf 002 UNOERGRIX"-ftWMIN S2H9 Cal UNOERGROUND•ILABB" LN $2H9 634 UNDERGitOOD. RABOfT UI L&IO ODS UNDERGROUND -RAROR LN SORO 1100 IPDERGRoum - RARSIT IN 5MI9 a" UNDERGROUID-RAMT LN S/IDi9 Com UIOERGRgAIO-RAODR LN wwtD 009 UNDERGR01811)-RABW VI SA919 010 UDERGROUND-RAEBLT IN Swto 011 WMERGA0UNQ.RA9WLN SWID 012 UDFRGROUD.RADOITLN &Wig 013 WMERGftOUNO. RAaW Lft &Wig CIO UNDERGROUND -RABUITW SIMt9 CIS UNOERGROUNO-RAWIT N 6!0119 OtB UNDERGROUND-pACNftN swig Of) UImERGROUND-RAaaff LN 54R9 Ota WmawROAD-mom LN solo O18 LOMEAOROUND-RA11WIN HN19 W0 LWOERGROUNO-MBURW 52119 011 UN=GROUN0.RAE6fftN SLt9 (122 U7DERGRQPIO-RABafTW S21i9 023 LRQERORMIC. RABUR LN I OLD SPAN-4RD / TX 09111 (fXDC f) 52119 WI UQERGA0W1O-0WWANISIf RD/ TX COR (TLDOT) Sd19 025 UHOERGROUNO. OLD SPANSH RD/ TX03Rfh001) &&i9 NDB UNDERGROUND. OLD SPANISH RD; rX OSIS moon Swig W7 UDERGRDUD•ONO SPANCJI RO/ TXObRmwt) 5mi9 Wa UNDERGROUND. OLDSPANWi RO/ TX 0511 (MMT) Nato 029 UNDERGROUND. OLD SPNASH RDI TX 0.48 (IXDOTI SAILP WO UNDERGROUND. OLO SPANBH RDI TO 03R RX00n 11 PULLIISER ' .. .. EBT ■ $12 .. ACT- 0 C!.. .. • .'DIR.8ORE2.135' . ' • ' DEPTH TO BE A MININUA ORC" BELOW GRADE. - • - ' NOSE: ... FIBER HAS LOCATED ALL EXISTING UTILITIES. ." .EST- 752. . .uunrtruulonwnM..arurasrvc aonnero-nRaa-savantmuna wm-m•�..m.neama -s...---. rrr�mn .uw G -p �'�-� -o' '. .. �,� (}nitl Fiber .. EH -T-153 . AN ANEXTEHSNELOCATE WILLBEPERFORMED PRIOR TO ACT -0 ... .. NOTE.' MAINTAIN E0' MINIMUM DEPTH ==.moa . CONSTRUCTION, UNITI FIBER WILL MAINTAIN 24' FROM EXISTING BELOW ALL T%DOS ROADS. -WATER a c .woe .. CROSSINGS AND CULVERTS. Ul1UTIES NO BACK REAMER REQUIRED DUE TO SIZE OF 4" BIT. urm �w. • nn m/w��. 1 Inch . EO . !L 'm'n M -• Wrm1 d ft L g71K ' nmoa.. • uutan. • mm mo.. 2.135'HDPE N L� EST! 76R :.. ':.. to. .. .. ACT -0 . .. .. + ' F.O. CABLE PLIULMAKII PLHJLANKR EBT- 512 ACT■0 < - 77D'a x0" 70'a15"x76" VT 796LACK mo v n h ���.�•.----. -- -•c R w ■ R RAN R j .. us.. -c - - - RABBli LN - - -• _ top 4 � o , F ----------------- --------------------- ' -- c. x to tn. - :' WD VRN OT DDR9 ' C!.. . ' • GRAPHIC SCALE DEPTH TO BE A MININUA ORC" BELOW GRADE. - • - ' NOSE: ... FIBER HAS LOCATED ALL EXISTING UTILITIES. _m � i . � .uunrtruulonwnM..arurasrvc aonnero-nRaa-savantmuna wm-m•�..m.neama -s...---. rrr�mn .uw G -p �'�-� -o' '. .. �,� (}nitl Fiber .. EH -T-153 . AN ANEXTEHSNELOCATE WILLBEPERFORMED PRIOR TO _ u-enw:aw►un ==.moa . CONSTRUCTION, UNITI FIBER WILL MAINTAIN 24' FROM EXISTING (Tp p�•T� a c .woe tau 110W-E.TRRW Ul1UTIES NO BACK REAMER REQUIRED DUE TO SIZE OF 4" BIT. .•.1p ra.c w ► nn m/w��. 1 Inch . EO . !L 'm'n M -• Wrm1 d ft L g71K ' nmoa.. • uutan. • mm mo.. PULLFIDER EST r 602 ACT 0 OIIL BORE 2415' EST 602 . ACL 0 . .. NOTE; MAINTAIN 60' MINIMUM DEF7H - .. . BELOW ALL-7%DDT ROADS. WATER CROSSINGS AND CULVERTS. u to 24�WNOPE- ID M - EST- 602 + . - ... ACT- 0 .. ' F F.O. CABLE UI EST-. 602 .. ACT r 0 Fn N x - - - - . - - R ABBrT w ta r W (O = W - w W tn N . COD TDA OP B0Rc v O . .. .. GitAPHIC SCALE DEPTH tO BE A iUNIMUMOF42.OELOW ORAOE- - UNMNOTEHAS _m .. ao mn a °SMUNUFM uatorw�iw"::. l �+�i it UN EXTEERVELOCA LOCATED TE LLEPERFORMEDPRIOXIIIVING : 4 ^�++DM�4, 1.Unit1 Fiber EH -T -l57 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR 70 �.mrw.cew►nn �i�io+s"��L '' �4R pm. � CONSTRUCTION. UNIT! FIBER WILL MAINTAIN 2P FROM EXISTING IN �� acme � �d '. an NFm/" UTILMES.-N0BACK REAMER REQUIRED DUE TOSIZE OF4-BIT. 2 IDop . 50' IE mew �c r rmpi rvwte 6eWII +amwoWA ipmw_- VIA mm am . .. PULLFIBER .. . EST. 747 ACT. 0 .. LIIR.B0RE2-1 ' . .. EBT•07• .ACT- p. ROTE; MAINTAIN 60' MINIMUM DEPTH .BELOW ALL TXDOT ROADS, WATER CROSSINGS AND CULVERTS. uv° EST- 597 59iPE W. +.I 1 I ACT -0 -i• ..I F.O. CABLE . - .. .. E&T. 747 F ... ACT. p .. _ . .:. PL H.H. ILom ... Vl �O�tM'r76' la. . 15WSLACK rn H P= � in X. �R'A68IT IN ... A U .... . . o o' M O 0 �< w In W• IE• .. N• .. fill ul .... I • ... - 'RIO 76! a!• pSRE on-ni vlxT sox CROSSING I.a• Ham( E/>t 0 . .. - GRAPHIC SCALE .. OEM TO HE A UMMUM OF 47- BELOWW aRAOE NOTE . ..uo. >o 0o n� UN1TiFIBER HAS LOCATED ALL EXISTING UTILITIES. 50 0 . . roZt4=mo:.: 00.Ap iE�EiltIFIE%@P EH_T-763. AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO umnwrHiwam ���a CONSTRUCTION. UNRI FIBER WILL MAINTAIN 24" FROM EXISTING UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4 BIT. J Inch . 50 91. waive ie r. Lmoi .� 0ww�r. moss PULL FIBER . EST■ 616' . 'ACT.. DK BORE 2-12V .. - EST 610 .. _. .. ACT S D .. .. NOTE: MAINTAIN 60' MINIMUM DEPTH BELOW ALL TXDOT ROADS, WATER CROSSINGS AND CULVERTS. n o Y o a a + . I 24.25" HOPE 11'1 EST - 816 f ' N • .. - .F.D.CABLE - - EST- BIG ACTED - W r - H b h Y n b 4 n Y) rn' t.b = n RABBIT LN -40 F ,. -c .: o 12 .. C31M ------------- ti W LLA Yi .O/ TND i166B6bLs watt DRCH CROSSING t.i1'l 1rout TJI/ aw+oa f IA'i0 OYIMOf ,� � �N9C • .. .. D • GRAPHIC SCALE DE O BEA MROMU51 OF 42 -BE O ORADE NOTE: UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES. -�° o m � ur•mum"msl■a• Aq•Mooym . �m nI =^!Lloun.a ■.. t ,(� Uniti Fiber EN T•153 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO =--^ wnnwnnlaram ��'�1 •.ir"'® '� G` . CONSTRUCTION. UNR1 FIBER WILL MAINTAIN 24" FROM EXISTING I DI �� ( I nx iaano w:.,.' NGfDICTi tt•31 ,�4; UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4- BIT. r•.� iy an. miovlr i W = 50 it 1°I'w' m r word Duan a •oats . �aunw■: • wrtm a dao .00a 01( PULL FIBFA Fa.607M. a m NY AM- 0 NOTEr MAINTAIN 60' MINIMUM DEPTH BELOW ALL TXDOT ROADS. WATER CROSSINGS AND CULVERTS. m 2-1.26CO + EST- 007HOPE + C4 ROAU Q EST - 607 ACT -0 < In in 3: L) WaIr LN MP6 Q 0 . ..... ILLS :lCLl x (n in, v) Ill w w LLI CID vnx or Balm -123' mme wo GRAPHIC SCALE _11" 1088 A MOMUM OF 4r BELOW GRADF_ GTE: Uniti Fiber E UNM FIBER HAS LOCATED ALL EXISTING UTILITIES.AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO UmnLmnwumn F IMM" H-T;-ls3 CONSTRUCTION. UNIT) FIBER WILL MAINTAIN 24" FROM EXISTING FELT) UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4"ST17.ommy- IL WrW 0~ft L GC=W I Inch - 50 IL nYWMMM WA RQMC M A on" aft C 40 1 ... PULL FIBER .. .. N � EST ■ leo 0 ACT. o . ... GRAPHIC SCALE — .,.. OBI. BORE 4.92r . .. . - .. EBT• WO - rlm.townncutyaysit ��. I EH -T-153 AN EXTENSIVE LOCATE YRLLBEPERFORMED PRFORT0 .. AFT. G .. ..., .. NOTE: MAINtAIN 60' MINIMUM DEPTH �.•{HeAM-nom ' BELOW ALL TXDOT ROADS. WATER om nrvw trna t'.w- . .n� MIA ' —L.- cs/woo CROSSINGS AND CULVERTS. I Inch o 50 IL w�c ` °a gum 9 MMI oatoar • ennaia w s ann tw • N � 0 . ... GRAPHIC SCALE OEPTN TO BE A MINI Y OF 11' E OUOE .:.:; .. .,.. NOTE:°Uniti•Fib�r, UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES. rlm.townncutyaysit ��. I EH -T-153 AN EXTENSIVE LOCATE YRLLBEPERFORMED PRFORT0 wnreaaw+oe r� .� �.•{HeAM-nom CONSTRUCTION.UNTfiFIBER WILL MAINTAIN Z4'FROM EXISTIN6 (IN FT�7) om nrvw trna t'.w- . .n� MIA ' —L.- cs/woo UTILITIES. NO BACK REAMER REQUIRED DUETOSIZE OF A" BIT. I Inch o 50 IL ` °a gum MMI oatoar • ennaia w s ann tw o. t3 :C LJ u) us in w ul- am Tw or IN= 1 ?0 1317 A MMMUM OF�42 MGRAD NOTE, GRAPHIC -SCALE ALLUMML�UMVOMAIM�m -50 0 le UNITI F113ER HM L06ATED ALL EXWNG UTILMES. MMMUMM A"—"10� 63 I I 'orwim p : : -T-1 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIORTO 4 Uniti Fiber EH' CONSTRUCTION. UNM FIBER WILL MAINTAIN 24r FROM EXISTING T7 ROME. 7YM of& mm. UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4- BIT. IN FEET.) 1 Inch - So IL IL 671m V=-. L. MOM PM.LRDER EST- 645 ACT- 0 01R.60REZ-125' EST- SOS ACT WO NOT& MAINTAIN 60' MINIMUM DEPTH -BELOW ALL TXOOT ROADS. WATER CROSSINGS AND CULVERTS. 2-12rRDPE EST- 605 + -t ACT. a. F.O.CABLE EST- 0s. ACT- 0 Th U) "I T N®r BIT LN Cap, M. t o. t3 :C LJ u) us in w ul- am Tw or IN= 1 ?0 1317 A MMMUM OF�42 MGRAD NOTE, GRAPHIC -SCALE ALLUMML�UMVOMAIM�m -50 0 le UNITI F113ER HM L06ATED ALL EXWNG UTILMES. MMMUMM A"—"10� 63 I I 'orwim p : : -T-1 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIORTO 4 Uniti Fiber EH' CONSTRUCTION. UNM FIBER WILL MAINTAIN 24r FROM EXISTING T7 ROME. 7YM of& mm. UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4- BIT. IN FEET.) 1 Inch - So IL IL 671m V=-. L. MOM . .. PULLFIDER •�. . .. .. ' . ... tST-Thi - LS OF -12 -BELOW OIUOE` ... . . . ACT. 0 .. Taj .. - - .. wao+ :o""� - mm � Fiber EH AN EXTENSIVE LOCATE WILL BE PERFORMED PR10RT0 om+wala+an ... .. .. .. EDT -.01i '. . CONSTRUCTION. UNtii OIN BER WILL MAINTAZO` FROM T70STING ------_---------_ .. .. ACT -0 .,..., , no+a+: r NOTE: MAINTAIN 60` MINIMUM DEPTH UTILITIES. NO SACK REAMER REQUIRED DUETO SIZE OF4• S. -__------ --L-----------------------_--__ BELOW ALL TXOOT ROADS; WATER A Im A• Amo, ant m/Wtl m W. Let" CROSSINGS AND CULVERTS. - O �IWY, IVA I ORISO NIA E ' LLS (10 +' 3-1.15' HDPE 00 O ul ' EST w 619 MM tar nl f*FZ .. ��. ACf■ 0 tHom-9 " RO.'CABLE .. O .. ;• : E 69 ... .PL H.11.6 N10t .F, .• _ • .:. ACT-. w 0 !0'4 `61' ..130': .. In Kpa 7 M N tl tl 0 tl . tl 0• "tl tl- tl D tl O p O N P1 •�. .. .. ' . ... .. GRAPHIC SCALE .. r -RABBIT LN LS OF -12 -BELOW OIUOE` ... . . .. .. Taj .. - - .. wao+ :o""� - mm � Fiber EH AN EXTENSIVE LOCATE WILL BE PERFORMED PR10RT0 om+wala+an w•% �� •'-?., nit! -T-153 CONSTRUCTION. UNtii OIN BER WILL MAINTAZO` FROM T70STING ------_---------_ wt . R„mw .,..., , no+a+: r +vaw,e.TXnA9 UTILITIES. NO SACK REAMER REQUIRED DUETO SIZE OF4• S. -__------ --L-----------------------_--__ A Im A• Amo, ant m/Wtl m W. Let" �IWY, IVA I ORISO NIA P ,O ON LLS ul ' .. MM tar nl f*FZ .. tHom-9 O .. .. ' . ... .. GRAPHIC SCALE .. 'pEPTNT•OBEAUL-AM LS OF -12 -BELOW OIUOE` ... . . ROTE: UNM FIBER NAS LOCATED ALL EXISTING UTILITIES -j° Q 3° +1+,R1n,CfJ,U-{SwTl Apoft - .. cv,nActw°nnvcau,oAAu,autwa MAa1tCYfnoetSa wao+ :o""� - mm � Fiber EH AN EXTENSIVE LOCATE WILL BE PERFORMED PR10RT0 om+wala+an w•% �� •'-?., nit! -T-153 CONSTRUCTION. UNtii OIN BER WILL MAINTAZO` FROM T70STING .. (01 ��� wt . R„mw .,..., , no+a+: r +vaw,e.TXnA9 UTILITIES. NO SACK REAMER REQUIRED DUETO SIZE OF4• S. I Inch - 50 rl A Im A• Amo, ant m/Wtl m W. Let" �IWY, IVA I ORISO NIA P ,O ON • FULLFIBER + r) EST- 128 2 -IJV HOPE to ACT-* wEST- 680 INIL BORE: -115" + AN EXTENSIVE LOCATE WILL. 09 PERFORMED PRIOR TO ACT- a .,,;6_.lUniti -7-153: ACT. 0. ( IN FEET 'NOV; MAINTAIN`50' MINIMUM DEPTH F.O.GABLE. 'BELOW ALL-TXDDT ROADS, WATER Ln UTILITIES. NO BACK REAMER REQUIRED DUETO SIZE OF 4' BIT. CROSSINGS AND CULVERTS. co + r) SCALE 2 -IJV HOPE to NOTE U NITI FIBER NAS LOCATED ALL EXISTING UTILITIES. wEST- 680 Fiber + AN EXTENSIVE LOCATE WILL. 09 PERFORMED PRIOR TO ACT- a .,,;6_.lUniti -7-153: CONSTRUCTION. UNM FIBER WALL MAINTAIN 2C FROM EXISTINGMFASMI ( IN FEET F.O.GABLE. Ln UTILITIES. NO BACK REAMER REQUIRED DUETO SIZE OF 4' BIT. I beh - 50 fL zoll', 031mle L am=. ACTWO'. U)V) RABBIT LN -DIP. in Z tj UJ ma U) ul Rm vm D? Bull HMO •GRAPHIC SCALE P"]U BE AfAtNUM OF 4r BELOW MADE . .... . . ... NOTE U NITI FIBER NAS LOCATED ALL EXISTING UTILITIES. Fiber EH AN EXTENSIVE LOCATE WILL. 09 PERFORMED PRIOR TO MEN= .,,;6_.lUniti -7-153: CONSTRUCTION. UNM FIBER WALL MAINTAIN 2C FROM EXISTINGMFASMI ( IN FEET z UTILITIES. NO BACK REAMER REQUIRED DUETO SIZE OF 4' BIT. I beh - 50 fL 031mle L am=. IN DID Pik lano, 'GRAPHIC .:SCALE EplilO-0.. MM 01!110EL., GRADE, - NOTE..: sa. X: UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES. -a-m- al FIT= - UMil'Flb' -EH-T-153 AN EXTENS IVE LOCATE WILL BE PERFORMED PRIOR To CONSTRUCTION. UNITI FIBER WILL MAINTAIN 24" FROM EXISTING UTILITIES. NO BACK REAMER REQUIRED P 1: Inch 50 M_ m M—m v"a L mm DID Pik lano, . ... .. • OE.. _ erN TO BEABiIAYDH OFS2'BELOW OItADE .. :.- ....... PULLFWER NOTE: mumm ° GWMRQ T& UNITIFISERHAS LOCATED ALL EXISTING UTILITIES. EST- 727 atlo .r' •�m7r"...�•i� }� }Unitl Fiber' ENT --757 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO ttr0/tlmatatwa �,�, ACT ■ 0 (IN }g•7) ox. r • re�l:S:Sris nrc• m ITI UTILES. NO BACK REAMER REQUIRED DUE SIZE OF 4' BIT. 1 luoh a 6D (L OIR BORE 2-1.2V u d°r'� tit .. Ir°IG 011 EST- 677' .. , . .. .. .. .. ... NOTE: MAINTAIN 50• MINIMUM -DEPTH BELOW ALL 7XDOT ROADS. WATER CROSSINGS AND CULVERTS. mol ■ O o P u xa z a In 00 - 2.1.25• HOPE 117 - . . .. to ... PL HlLB MKIt. :' ACT- p ... . ... SCNa'+7C - F.O. CABLE. ... •F;.. .. Fq•'.. Ln ISW aLACK EST ■ .720 ACT- 0 !n yW RACE Ia0 to fn y �Wy ? b A 7t A a O m G1 a�q 11 V O m p A j . 711 m ° n up ' RABBIT LN U _ _ _---------___,.________--- N. U) .. N . U) In !. lays . ... .. .. ....: .: ;.: .. .. GRAPHIC SCALE OE.. _ erN TO BEABiIAYDH OFS2'BELOW OItADE .. :.- ....... .. NOTE: mumm ° GWMRQ T& UNITIFISERHAS LOCATED ALL EXISTING UTILITIES. atlo .r' •�m7r"...�•i� }� }Unitl Fiber' ENT --757 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO ttr0/tlmatatwa �,�, CONSTRUCTION. UNIT! FIBER WILL MAINTAIN 24' FROM EXISTING (IN }g•7) ox. r • re�l:S:Sris nrc• m ITI UTILES. NO BACK REAMER REQUIRED DUE SIZE OF 4' BIT. 1 luoh a 6D (L �"a' °° w tma u d°r'� tit CMIOWt L Ht0111°r r • Ir°IG 011 ..... .. • . ..' . • EST. 501 .. .. .. ACT.O .. .. .. .. .. auLBORE 2a.2r EST. ga S. :4IOIEc MAINTAIN -807 MINIMUM DEPTH .." .. ... ... :.: ;.. ..- .. .. BELOW ALL III= ROADS. WATER. .' CROSSINGS -AND: CU41lER15'.. ..' Rn . . Cq �. m Isreq HOPE .. .. a .n.: . .. :... ... AST .ACT- 0.:.'. .. .. ' ' .. . _ Q ... .. .. - -. .._ .. .. F.O.CASLE EST. 607: ':. ..' .. .... .. a.. .. .. ��:.:.:.- ACF. a.. ......:...:::�. w D7 ■ - -- - RA9BR 'LN It o I ... :. GRAPHIC SCALE '• ia0eAAWMUNCF42•oELowO :,:.awwe. _ . .. -' NOTE:: UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES. _� p q1l+ourwasnnoam Tip EN•TA5S : Uniti fiber: AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR 70 • .. umn•annwsun � . - .m.a.�oo S . ' CONSTRUCTION'. UNIT! FIBER WILL MAINTAIN 2C EXISTING �• DI PEar an r�mvn • � �. T:rraa DWL \1�Q ne:R • am:. m n UTILITIES. NO IIACK.REAMER REQUIRED DUE TO SIZE OF 4" err.::. : ` A: Inch . 60 IL ... saner: � • � :o °""'Dr L CCU= r90 PULLFISER GRAPHIC SCALE EAURMM OF 4rGly GRAM EST. n NOTE: UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES. mh Unitifiber, EH -T-153 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO CONSTRUCTION. UNITI FIBER WILL MAINTAIN 24" FROM EXISTING ( IN For I NVARNLUM9 01LOOR132-12V f—M.- k Z -IL. I �WVW EST- 628 IL Wu L alm A=- 0 NOTEr' marrAIN 60' MINIMUM DEPTH BELOW ALL TXDOT ROADS. WATER CROSSINGS AND CULVERTS. as Em 6 A C4 + 2.1.25 -HOPE + EST- 626 ACT -O'. F.O. CA13LE3W FL. H.H. a MxR '316 V rh EST -m.778.. ACT- 0' IWBLACK uga 4n F ibl. En b, En RABBIT LN ------ 90F6 102 o O w m Ld V) us In Dao vm or Dose GRAPHIC SCALE EAURMM OF 4rGly GRAM NOTE: UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES. mh Unitifiber, EH -T-153 AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO CONSTRUCTION. UNITI FIBER WILL MAINTAIN 24" FROM EXISTING ( IN For I NVARNLUM9 UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4" Orr. f—M.- k Z -IL. I �WVW S Inch - 50 FL IL Wu L alm 013 Q X5..1 Fw S ' EST- 600 . . _ _ _ _ g� . ACT 0 . .. OIR. BORE I.12r - a .. • .. • EST. 60e - .. .., • AOT■0 NOTE: -MAINTAIN BO' MINIMUM DEPTH -- -� BELOW ALL 7XDOT ROADS. WATER + CROSSINGS AND CULVERTS. ,.,. n O S Ht _ _ _ _ g� GRAPHIC SCALE " BEPIH TDBEAMINIYOYOF 4r BELOWUPAOE a _,0 . .uunmtnum.anar.Au untmotun rortt■.■.q>�,.,A..�•t�t.,� ' tno.t.An■otu�rwstgm ..oe. ._�r..�.�.... -im.m, r AN EX7ENSNE LOCATE WILL BE PERFORMED PWORTO -- -� t.tnr■nuatt4■ tia + uniti Fiber 7.125• HOPE CONSTRUCTION.UNRIFIBER WILLMAINTAIN24-FROM EXISTING ( IN Fm� am Rwoa Vl .; :...... .... EST■ 660 I tm■rt n am mM/n &. V. t. 0taa 0' ACT ■F.G. .. •• GOlIIObL N ■M- at• CABLE w .... 'EST- 005 .. .. CT. 0 tth p m m u q m q nt q ib p q m >r xa�n S Ht _ _ _ _ _ _ _ _ _ `y _ _ RABBIT LN GRAPHIC SCALE " BEPIH TDBEAMINIYOYOF 4r BELOWUPAOE M _,0 . .uunmtnum.anar.Au untmotun rortt■.■.q>�,.,A..�•t�t.,� ' tno.t.An■otu�rwstgm ..oe. ._�r..�.�.... -im.m, r AN EX7ENSNE LOCATE WILL BE PERFORMED PWORTO -- -� t.tnr■nuatt4■ tia a� mato■ uniti Fiber EN -T-153 CONSTRUCTION.UNRIFIBER WILLMAINTAIN24-FROM EXISTING ( IN Fm� am Rwoa Vl .; :...... .... UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4- BIT. _ tm■rt In am mM/n &. V. t. 0taa W GRAPHIC SCALE " BEPIH TDBEAMINIYOYOF 4r BELOWUPAOE NOTE: UNTTI FIBER HAS LOCATED ALL EXISTING UTILITIES. _,0 . .uunmtnum.anar.Au untmotun rortt■.■.q>�,.,A..�•t�t.,� ' tno.t.An■otu�rwstgm ..oe. ._�r..�.�.... -im.m, r AN EX7ENSNE LOCATE WILL BE PERFORMED PWORTO -- -� t.tnr■nuatt4■ tia a� mato■ uniti Fiber EN -T-153 CONSTRUCTION.UNRIFIBER WILLMAINTAIN24-FROM EXISTING ( IN Fm� am Rwoa err t•.ty r.aq w UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4- BIT. I, -inch . 50 IL tm■rt VIA to k wtoi am mM/n &. V. t. 0taa GOlIIObL •I OOcl OCA bVA ■M- at• PULL FISER EST ■ 515 ACT■ 0 00'L Dow 24 . ... .- NOTE:.•MAINTAIN 80' MINIMUM DEPTH - BELOW ALL TXDOT ROADS. WATER CROSSINGS AND CULVERTS. r + XACr OPEW. � 6 .� 1 - Go .� CABLE .:. • _ .. f0 . . .W .. 5H ra in U7H b" VI = n RABBfr LN ... - YI - 10 A ___-__—__—__—__—__—___— LILL__.—__.—__—.__r_r__.__r___.___r___o 0 In • f/1 . >Qtiro TSsr or Z it WE . .. 'GRAPHIC SCALE • " :DEPTH TO 0E A UtNW OF R'BELOW ORME :. . NOTE _m o m m�ieevem�ef sow emrum UNmFIBER HAS LOCATED ALL E]IISTINGUTLmES. ^rroµ**�� .�.��: :f,31Unitifiber EN7-+63 AN EXTENSIVE LOCATE VIIILLBE PERFUMED PRIOR TO eemeRn »wsun �� HeameG nma CONSTRUCTION. UNIiI FIBER WILL MAINTAIN 24' FROM EXISTING IN FEEre-f UTILITIES. NO BACK REAMER REQUIRED DUETO SIZE OF4'BtT. I Inch 60 It ea/wie� atae�s mss. a. .... . , .. ,. ... PULLFIBER .. .. EST- TTO - .. . • .ACTIO • . EST. 020. ..-ACT- 0. NOTEr MAINTAIN BO- MINIMUM DEF4H 'BELOW ALL.T%DOT ROADS. WATER _ 0awt CROSSINGS AND CULVERTS. w A - .. + OI 2-1.2V HBPE + AD EST- 020 3rm4r4r ACT F.O. . " 15p`SLACK EST.r 770 .. . .: H�tL ACT- 0 .In .. a ... _ .. to 1 um - r4 � . . U » tam --n z ^ - - . - - . - - - - - _ RABBIT LN - 12 o a' o O .. .. .. .: .. jjj W to .. W .. . N . . JIM law or um.- p . .. GRAPHIC SCALE OOPTH TO OV A MINIMUM OF 42-BELOWGRADE': ..'• . NOTE: " " ' ! _ ruurun mmweowAau. ITI UNITI FIBER HAS LOCATED ALL EXISTING UTILES. i ba rwruanacArwa 3c} AN EXTENSIVE LOCATE VULLHEPERFORMED PRIOR T0 Um�ocauwnn �m�•soe •��Uni#i Fiber EH -T-453 MlMOtETLTtt7- CONSTRUCTION. UNRIFIBER NIILLMAINTAIN ?l- FROM EXISTING IN Fes) as R.rov r.1r rWp; -H att oero✓ts UTILITIES. NO DACK REAMER REQUIRED DUE TO SIZE OF 4- BR. I Inch 50 'IL NIL-! 1Q r nu..1r t tmeetc • mm+ae� • aom r a mo ms ' + .It • PULLFMER 2-I.W HOPS EST- $05 ALT;O F.O., EST" Gas ACT■ 0 EST- 605 03 ACT WO ul OUR. BORE 2.1.257 N — - — - — PMWAL— NOTE: MAINTAIN 60- MINIMUM DEPTH cm. x BELOW ALL 7XDCT ROADS. WATER - E— - H CROSSINGS AND CULVERTS. + .It • 2-I.W HOPS EST- $05 ALT;O F.O., EST" Gas ACT■ 0 + 0 0 4 An 03 ul N — - — - — PMWAL— cm. x - E— - H 0 ----------- ---- co fn x ..cn In om vum, or Dw 2- I.W OTE: G wmc SCALE T0EEAVJMUUOF42'OELOWORAOg UNI TI FMFR HAS LOCATED ALL EXISTING UTILITIES. MIA Uniti Fiber AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO R0 EH -T-153. CONSTRUCTION. UNM FIS ER WILL MAINTAIN 24 -FROM EXISTING c IN pm Mut"turlm UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4- Orr.• eua7,L�4t� of 3 Inall - 50 L CDXK • PULL FIBER - ... . • EBT.761 .. ' ACT .0 ' DIR. BONE 2-12r . .. .. .. .. ... .. EDT. 011 '.. '... ' ' .. ... ACT.p ,... ..' ... NOTE MAINTAIN 60',MIMMUM DEPTH BELOW ALL TXDOT ROADS.'WATER CROSSINGS AND CULVERTS. Pyy \P,\ M CPU a ': BEE 2-738 HDPE .•.... �. .. ... .. Iaa IaJ' AOT 0 1 0 o C I I F.O. CABLE I •I• 0EST !! ..761 ACT. 0 C IWBIACK Fil PLAct IUR H r .. q O n�0 P A n1 P� U d U7 X - - LN - - -RABBQ O__'_-----•----------- rn .. .. ..:. W' .. x-. .. W ... U) . U)i w w a om Tm or'bm da raci- NOTE GRAPHIC SCALE PIH TO BEA YINIYBY OF 4r BELOW ONADE _ ' - UNTTIFIBERHAS LOCATED ALL FJUSTINGUTILRIE9. AN EXTENSIVE -x a m eartuero.�r.�vrura.uausAn.4 "°011ON""'"" �i'r+i ��"� Uniti Fiber EH LOCATE WILL BE PERFORMED PRIOR TO ummxar«> �rw � T•153 CONSTRUCTION. UNM FIBER VVILL MAINTAIN 24' FROM EXISTING -r) Nwa� trrna UTILITIES. NO BACK, REAMER REQUIRED DUE TOSME OF4`BIi'• (pl }g nrr .�xsoo r r•.>p a.. w�� m/py�� 1 Inch 50. 1L r_ omm ' _ dlno� A NDAOf M A P4O OIA' . PULL F16BI .. . .. EST • 515 - .. ACT- 0 DIR BORN 2A.75' EST- 615 •.. ., .. .... . MOTE: MAINTAIN 60' MINIMUM DEPTH BELOW ALL TXDOT ROADS. WATER CROSSINGS AND CULVERTS. 24.2rNDPE .. N .' .. Y + t` EST. 615 ` �' •I. . O ACT■0 M. F O. CABLE EST 615 -ACTS 0 .. '. • a H 22 if >n .. .. ui n U) PABBIf LN r Z • � I O 00 w ul LjI UA 4J W CA i N .. .. - t[L7N DORL .CID . . HOTS: GRAPHIC SCALE .. OEPTYTO BEAMD6YUYOFI2. 9ELA1Y OiUDE UNTTI FIBER HAS LOCATED ALL EXISTING UTILITIES. I• AN EXTENSIVE LOCATE WR.BE PERFORMED PRIOR TO uiuwmuRamewo/�umurnm�le 'j° i ea�u•clalularsan�uleaal taalw �"�"��°•. . .� � : ,sy Uniti Fibef . , EH•T-153 CONSTRUCTION. UNITI FIBER WILL MAINTAIN 24• FROM EXISTING I�mAae llNp lln Z } wa nlwn •w • �"7O1An� °C" .• UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF 4• BIT. I.y� mu ,. �iA 1 inch 50 LL IOLL4f' IQ Il glgM M%ft. L ®9[ . ... 4410111• A RQpq: M A 1144 OU NOTE UNIT! FRIER HAS LOCATED ALL EXISTING tMLME& AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO CONSTRUCTION. UNM FIBER WILL MAINTAIN 24' FROM EXISTING UTILITIES. NO BACK REAMER REQUIRED DUE To SIZE OF 4" Orr. GRAPHIC -SCALE ALLm ccwu�v ft"T.rmMIMAMMM Ur rmmnmumw. IN FE9r.:) pL 1 Inch - 50 IL FULL.11112 EST.Oil ACT . a VOLOGRE242r EST- 511. ACT- a NOTEL. MAINTAIN 60- MINIMUM DEPTH' BELOW ALL 7XOOT ROADS. WATER CROSSINGS AND CULVERTS. NOTE UNIT! FRIER HAS LOCATED ALL EXISTING tMLME& AN EXTENSIVE LOCATE WILL BE PERFORMED PRIOR TO CONSTRUCTION. UNM FIBER WILL MAINTAIN 24' FROM EXISTING UTILITIES. NO BACK REAMER REQUIRED DUE To SIZE OF 4" Orr. GRAPHIC -SCALE ALLm ccwu�v ft"T.rmMIMAMMM Ur rmmnmumw. IN FE9r.:) pL 1 Inch - 50 IL .. .. ........ . NOTE!GWHIC'SCALE "' 'DEPTH TO BEAeSIMYUM F42'8ELaWaPA6e .... . .. . ...... UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES: 7° ° PULLRDER EBT. 725 1p,,- 05. u EH-T-iS3 ACT& 0 F . . . niti.:Fibef.. CONSTRUCTION.UNITI FIBER WILL MAINTAIN 2,r. FROM EXISTING' .: . . ( IN. I=') - - .. I — , . io4ou .:, 53Pm .. .... .. EST. 515 ACT . . IVA NDTFr MAINTAIN 60" MINIk4ULA;DEPTtf - ----- 3 • Inch pso IL VC &L I cmitcc I BEL& ALL TXDOT ROADS. WATER. CROSSINGS AND CULYMS. O NA ... ... Ar 24 2r HDPE EST - 675 + ACT. 0 -F.D.CAM MT -'TU sl . ACT ; * '31 .: PL na a mm: 3 laws- SM SLACK' 136+0 -\� wxp .. ... ... 174 La V..: O w. ...... RA8BrT • . . ..... ow 0 N LLJ q % a F. Ap ui U) Ln -:--I2m,TmworDm. A mm UDPE NOTE!GWHIC'SCALE "' 'DEPTH TO BEAeSIMYUM F42'8ELaWaPA6e .... . .. UNITI FIBER HAS LOCATED ALL EXISTING UTILITIES: 7° ° °O nye. miunwoararantaroe.ua'naow�' 1p,,- 05. u EH-T-iS3 m AN EXTENaME LOCATE WILL BE PERFORMED PRIOR TO . . . niti.:Fibef.. CONSTRUCTION.UNITI FIBER WILL MAINTAIN 2,r. FROM EXISTING' .: . . ( IN. I=') - - .. I — , . io4ou .:, 53Pm .. UTILITIES. NO BACK REAMER REQUIRED DUE TO SIZE OF err.. . . IVA 3 • Inch pso IL VC &L I cmitcc I BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reauirenments 1. Adequate drainage shall be maintained in ditches at all times, 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as. far as practical, in' the opinion of the County Engineer or appointed representative. 4. The. construction and maintenance of such utility shall not interfere with the properly or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, . permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Reauiremenls 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic . Control Devices (TMUTCD). See Traffic Control Requirements below. - 2. During construction, all safety regulations ofthe Texas Department of Transportation shall be observed..''. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as maybe necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property " owners. 5. No cable, conduit and/orpole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any. kind to persons or vehicles using such road. Any poles placed in the Right of Way for, future installation shall be:placed at the back of the Right of Way.. Exceptions may be approved by the County Engineer. C. Trac Coiilrel Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the -following: a. Any. construction (i.e. pit, excavation, hole) left open overnight, requires s ecific ni httime traffic control measures pursuant to the `TMUTCD; b. if construction is within ten (10) feet of the roadway; or C. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed.. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Teras Utilities Code, . Section 181.015. 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 maybe 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. beat least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; C. be at least forty-eight (48) inches below'ditch flow line if loW pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge •of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch'flow line'and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the .type of utility. The locations shall be as follows: (measured from back of right-of-way). Power-- 0 to 2 feet, nominally l' Phone 2 to 4 feet, nominally 3' " Gas �- 4 to 6 feet, nominally 5' . Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right -of way in all new developments shall install the utility in a similar manner as referenced in No. 3 above;'howe'ver.1he County Engineer or its designated representative will provide final approval of each utility -location:, 7:. The length of any trench to be opened in advance -of the pipe, conduit or ducts may not be longer than 400' " if left open over night or unattended. 8. Crossings under a county 'road shall:. a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing ijthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector onsite to observe pressure grouting operations;' Vo. P9. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore'Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control in in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; . e. based upon soil conditions, the County Engineer or his representative may require shoring to protect 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 shalt 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 othertimes where excess water cannot be prevented from entering .the trench will be considered TEMPORARY'and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.., 1. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will. be responsible for repairing the damage'and replacing the right-of-way to the condition it was prior to commencing construction. -12. Operation of construction and/or maintenance equipment on the..traveled surface of any improved County; road will not be permitted, except in -in, 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 eve'ni all such equipment shall be of the rubber fire variety. Appropriate_ traffic control shall be provided_ meeting TMUTCD requirements. . 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide. a performance bond or letter of credit securing necessary repairs.: Said bond amount will be determined by the Codhty Engineer. 14. The applicant shall submit a letter.of `.No Objection" from the.'Arniy Corps of Engineers for all designated wetlands and environnieritally sensitive lands. E Emereeney work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Va :� pg. shall notify County Engineer within 24 hours of beginning constructionfrepairs. This will allow the County Engineer's. Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to eWstine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G RelocNian sof utilities L When and if the County Engineer determines that. it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said, road, any or all poles, wires, pipes, cables or other facilities and appurtenances -authorized hereunder, shall be removed from said .road, or reset or relocated . thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and UtilityCompany, and at the expense of the Utility Company. -H. Hieb Pressure ftelikes 1. 'All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline. 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. 'Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. . 4. Petroleum Pipelines: Depth Type of Pipeline (below deenest ditch grade). Simcial Reauireonents Encased Pipe' Less than 10Must be.covered with concrete pad at least 36".deep Encased Pipe: Greater than 10' No concrete pad required. Non -Cased Pipe 'Less than 10' Must be'covered with concrete pad at_least 48'deep Non -Cased Pipe Greater than 10' No.concrete pad required :.. Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under 00 circumstances waill a pipeline be installed parallel to County Road within the Right-of- Way:.Transmission lines have been.determined to be petroleum pipelines (which includes natural : gas lines) and shall not be parallel to a County Road: 6: Natura' [Gas Distribution is aline that serves the final customer. IV M." P�•. :3? i 1 rim-Ia ANFAa I y ADADWORK Sia �ro03i•1• 8 8p-2 Sre roto'11 I a a6' i.7a- AOAD ( IStt not• LO 'Na11R, ' q .¢ono ANDD I E• 5 I ,aria• a=ae .IFlaia• I �" sea roto t) � ! h b ■ { Q h o ! ! I . ■ 1 `b $ i I 8 I, • � a 10• 10• 1IWo 0 I In 2 14rn watl(eIM LEGEND _.^ r2p4 3 8u'lelatt �_ -., ;■ �? O—•I)m mi ifMlna --1 {IR�It/je Y.tltOle''.- OW- ® Ria"air Ru • Troller ■anted fiMmte O4geeCle f1a.Ir41 erre+ tber0 � Ilewipo sipl 1 46 S!9n Traffic flow 0, FIDo •'(l FIa00rr • 1a.fe 11 Brat■ ulnlart 'orirmis� Tt oIated'ed it 11' 11' �.0 ametae afore. po ■�itry -i ��ppllWlml - 441r t0aa ih TCh.e dlatao. ` 'r 30 4a7a lWt 150' 2631180' 205' 225. 245• 30' 1 80' 35' TO' 1 120' IDO' 90' IJO 7S 40 L• 2G6' 95' 320- 40• 1 80• 240' 155' 45 450' 455• S40' 4 90• 320• •195• SO 500. 550' fi00' 'S0' 100• 400' 240• 55 �•0S 550' ti05' GG0' 55' 110' 500' 295' 60 600. 860' 720' fi0' 120' 600' 3S0' 750. 713' T50' •6S' 130'•• TDO' 410' 65 70 700' 7711' tN0' 70' 140' 11 0• 475• 750' a2S' !00' 7S' 750• !00• 540' 75 .• , _� a Ior gd owl 'ma"07 tee I g corn weAime . ISM MvfO 1 Nr t3mmtlalal 80007 Onl7 a mm oear1%11 � Ilii lopr tesgtlw teawe tmMl ratlmd o11. i I MUGh mwaomi n I a ' L• MO 1 of TCWIM •-5f4m of tmmnrtl s•Posted SON90 +O. 0 2 aro.. ttp11 real. In - Olmmlixl1rq�drrlcoe - { vai4 atevetea irx - aar 0e miffed t1 fro v lata. of truffic � wart orad 1s p elnttus M e111fIam. AvlpB I �I ■t 30• from It* oMrS.f trostlod Wolf• —d�•2 .. 'I GENERAL MTES . A�j fSaa rules . 1 Sf ,1 p' 1. itay alltvad m al0u Me• .*nn m W011lm i , {I L 41l tredite m.mt ptit.0 Iltlatrana a11 t0All1<D„.tn4arr noa4 c ¢' alotq,•IlO IN trfaala-7�e1 ■ot 51 ca"m WI *taint In Ila Ism nme. 4 • 51 I _ I Oleo, o• td• mdn. ml.raesa R*k .fol emeo.d er 1:1e.Upin, J 3. Slodplledottrtat timlO fd OltCA a dedaa 0130 feet I m I nrir/rt Miaal.d .a3. _ Q L 9n'bw YcAI0le.wltn 11a m1 n1Qr tanmlt7 rotolft.& 11aAT,% I : c� I • - ISM not" 4 i eaolfnnDq or areal IIP& A SIMbw Yd1IcIt wltn a 181 ahmld le I . - b. I I ons a0tita It mt a 0o111nna 30 to 7W IrA In WM= er Iia dv0 at crew {tpa "•1tlmt omm"If otflctia "a wra���'iI FOWknl IIA trIff10 QMfrhOi too VWInnmin { I I «= bO plmr, In. 3 8arl mew ar ~ mor■Nrl g mAm m3 m a. .. = I aiwtltwed W to R a51. lddala rb TIO: s 3aa111a01 ROM Mial" with Mu mVt* pr.lthrm eff fro p0ud I I 4u to a, rut t0 tloM ta+e In ver to aatsc+ a wl0er wool tanx . I _ . • .. ! L SM 1176.11 tae lmndr .vt m el.lma nlg ars, aarrs., o. ad w■,= T. Ifcdl mM wf4claa r orlrr 4mtlm 1, dmld be •pwW No, tic r ( b rlaa•at-.epi lira mO mf Faie7 m tro poed owlew a a ` I . b b R ' a om s •aaLDq 4yR• t41 tat 4lase M Oleo. 01 071.111 - $ ROAD I ■ e I 'tors 1TDL a¢39''tlpa for 4lauId r avt m a7nmt Iaml , afa. t+ R END D i as ROAD r AHEAD ROAD NO R6 ,{ SAO I I Tor Won tnmlot or eaio}avoa ..cart V-% emottic 1■ala:t rmlrtaate far .naa0. YahfelM om 0e fade Cr2v-10 45• i 14• I In Im valet COMIAL NOTES fir Item M 4e• 5 ar ISM mfr 5/A 020 EMO ROAD Barlooa04. 51vw o+a Trattlo Ikadl ln0 - \% I 1i1w1 i Q o• t 4S• DAO110RM Q 11ORR I Seo rnr. a ro7uQ+rfollm 'Siete mM 13 Q0.2 I A1iFAD , T Tmr7, ser OOF Tm 45• if 24• I ( is** .ale 21. I 4Ce zt4B• Iflap.- TRAFFIC CONTROL PLAN Sot mit 1) CONVENTIONAL :.ROAD . SHOULDER WORK TCP (2-10) TCP (2 -ib) TCP (2-1o) ' TCP(2-1)-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER ' . ■•14•a asr ae •1 .et�t Conventional Roads Conventional Roads Conventional Roads .a r.■. seta a TTrEral. USAGE 17D11L SIS $ nali itEl Te11DOmta1L 4a7a lWt O1MT10I Sr4T1Od5T iWI STAilOYBf Sf4T[041tf J J J ,/ Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 DEPARTMENT: CC 2019 - Utility Permit - Road and Bridge NUMBER: Chesapeake Energy - Wallin Road -Temporary Water Line Permit. DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: 7/9/2019 Approval of the Chesapeake Energy utility permit to install a temporary 12" Polyurethane water line within and along the right of way of Wallin Road a distance of 1,975 feet. Site is located in Precinct 4. Commissioners Court Darrell Kolwes 07/01/2019 False False $0.00 File Name Description Type Utility Permit - Chesapeake Energy - Utility Permit - Chesapeake Energy - Wallin Road - Temporary Water Line Permit.odf Wallin Road - Temporary Water Line Backup Material Permit -County Judge va Pg. . 1i#nc•//hra,7na mmniQn r-nrla rnm/arranria�xrr�}in�rr rChPPt acnv7Ttr mTTl-1 0150 7/S/)Ill 10 �y 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 CHESAPEAKE ENERGY [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number crossinp (CHECK ONE) Bored lacked Driven Cased WALLIN ROAD 45' Thru Culvert facility to Parallel County Road Within Right -Of Wav Road Name and Block Number From To Depth Distance WALLIN ROAD 30038'30.98"N 30038'37.23'W On Surface 1.975 feet 96035'03.08"W 96°34'41.51"W CONSTRUCTION TYPE 12" Diameter Wall Thickness Material Specification Polyurethane (Flat Hose) Maximum Operation Pressure 200 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601, 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 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain apermit prior to Ilia installation or does not instaff utilities in compliance with installation requirements setfortb herein (ba. depth, location, etc), Company assumes all finmrcial responsibilityfor damages and/or destruction oflines, cables, etc. based upon its failure to comply ruith Brazos County requirements Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites far injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies Tlris permit is a revocable permit. Brazos County reserves Ilia right to revoke this permit at any time, in Iiia sole discretion of Brazos County, for interests ofpublic health, safety or welfare, or for failure to repair any damages upon demand, or far any other reason deemed sufficient by Brazos County. In the event Company falls to comply with any or all of clue requirements as set forth herein, Ilia County nray take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or nofify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, 1 certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. CHESAPEAKE ENERGY Company Name TYLER HOLLIFIELD By: l- � Signatur. WATER CONSULTANT Title 7952 TX 21 Address CALDWELL TX 77836 City . State Zip. 318-676-4104 Telephone Number tvler.hollifield0chk-nonemp com Email: Vol.al 5pg. -A WATER UTILITY APPROVAL Brazos County offers no objection to the�roposed location of the utility in the County right of way as shown by ".%&I u 1 accompanying drawings and notice dated 6 a? !"/"? except as noted below: EXCEPTIONS: A) A_a (Month/DayNear) ffa J ,v Brazos County Engineer vol. OC/5- Pg. V ROAD RID HT -0F -WAY ! c?l 57 I � . ;ti fuc. CENTER LINEOF COUNTY ROAD SHOW NO RTH ARROW ROAD RID HT -0 FaMY PLAN VIEW j CENTER LINE TYPICAL SECTION zi b COUNTY ROAD .L 91 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE SECTION & PLAN 2.1. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANDIIOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDS OR SECTION X X 13, t�_• 2018 ELlropa Technologies BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant_ 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Require»rents 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Cartrol Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Testas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.04.1. 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 Iine when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway.: 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally V Phone— 2 to 4 feet, nominally 3' Gas 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide sinal 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. S. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing ifthe annular space between pipe and casing and soil exceeds one (I) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 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 right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. ' 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergeaev work - 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to aWstinr facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of al or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Himh Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch erode) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vd.a_a.�s P9• � L7 kc� .4 BUD WORK Iflo ROAD S rate 11 WORK 14pAMD IT so ole 11 I .1Z 11 Of 10 .44 111 IM, M work a" to a al"I.M 3w =0 r. 440 rulaa 4 5 1565 (WAS 11 0— I. V U b WORK AHEAD RDADIDAA cwto-lo 49, A ar da• 2 4s" note ziA Salo to" 13 TCP WORK SPACE NEAR SHOULDER Conventional Roads., END ROAD JIDDA OEfOR1 so no» 17 Ata -1M z Z-1mNo 21A FW& 2jAL 6: d IN" -0,101 Ic- -7Iroellva •. as All& Mork eel 1 LEGEND !06 3 - cL0n!tQr v [[belowTruck M ea halter rrotnled' F04chlo J6 Sign, Trdflc Pic.. Floo Flow P."dr—d- "ed :. Ice'rahtenuft *N w1w SIM 'Clanelmm . 11 �� &CM. ...cmw . 104 - me -bs47 at low I Too." I Uea V ca 60. 11501 %511 sea' M. WS' 2145' -V- 1 (4, W 1 74' 120 160 20' 1 gly US• SIBI 42i fia- 24F ISY 45 -a =5 60 55 =0 75 L:US IS 1150- 4" S40' 45- 90* ;S 320' TOO' 550, SM 5w loo. 40ow C P TVPICAL-USAGE w 605, 660, S5. 110. Soo - I !w ted trm 10,61 10,61 of 11wic 1`0 do cla-lca cow sw M, - 120, 6w. 660' 715* 780, 65* 30 I— Ica. I.. -r MOW- aw- 140- DO' 1 4. nit IL-VF`(VCXl11VVAL MUAU: SHOULDEW WORK TCP (2-1b) TCP (2-)c) TCP (2-1)-i2 WORK SPACE ON SHOULDER WORK VEHICLES *ON'SHOULDER Ccnventicna(;Rocds Conventional Roods. 1�teal I 142 or offer ovllpmtl rAw 1119 Uea V ca WOWM2 1 *1 Tow I - been b"M roo=d off. VLJAGD = L-Im" of fops M -Ulan of OfI44RU71. S-pairled SPWIWFD WV4 014 .9. am. WWII rooln In C P TVPICAL-USAGE ted trm 10,61 10,61 of 11wic 1`0 do cla-lca -7 jowbauic, I 4= A—U., RE ,-. will STA7100" 11sail at all I.In I. 1 4. nit GENERAL NOTES a. 1. Flocie clocook to &IQ% two moll, am xwlul ' Coiofed L All trontra will I devices I INGNM we Amnom Tom Uft � �3 I . :plat. or to -odes =return lark tar grow [7 kr OGtnesr. -1. fockolled amulet 9=14 to plo=d a rialpsair ]a fat fm 11 CWMO ftMild ap : . .. . . 1 .V*d%rVqhTcf4.1 14toodfifolmonalfirrafolmilacefra. (S" naloo 4 8 5)- ocallIdIrger A wor ftlate with a in OW14 to =MIplg N14. Low oryfloo I f[WO 30 to Too feel In Wa= of file area at ares sipmea 111nout wrornly 015"Ing the 0"IMCM01 Cr 00II17 of IhV VW16 It wheM ON ra Jonow w"&* tat food w .A 0XVIllow -wore I% oraffra comb I IQ F-dn on Ilp 3 Iffricadrs or ~ 0XV411121moplGew M be fuladft"41- I Vale S."109110,131 smkw VaIllaits vim area ml 3:041111MINI off Mopped awfow'. ret* to Hees ftm In Antal a .lair tart &:wL 1. VMlcl" ar swiraz* 9=19 to P"W. Nor "a r1o"-0l Ilre ffd M PwNd an no Azad awlew. bWq be LIM to placed Cal -to 6. OW f:&, w1ce carvaA IMI rwaiffe. ROAD ORK Protect twoolrAcents far I., car les. fotrY I In - 1- cEtEtlu -- ROAD AMD ter. tl AV 1 24* TIVII; awom aftlel. IS" rate I)& TRAFFIC C CONTROL"PLAN sa rob. IL-VF`(VCXl11VVAL MUAU: SHOULDEW WORK TCP (2-1b) TCP (2-)c) TCP (2-1)-i2 WORK SPACE ON SHOULDER WORK VEHICLES *ON'SHOULDER Ccnventicna(;Rocds Conventional Roods. 1�teal I 142 Item Coversheet `PTE Op 1 O,t,T 0 94r� BRAZOS COUNTY BRYAN,TEXAS Page I of I 0 DEPARTMENT: CC 2019 - Private Property Access - Road and Bridge NUMBER: Ken L. Menefee - Deer Hill Road - Drain drainage ditch In order DATE OF COURT MEETING: 7/9/2019 ITEM: Request permission to enter private property owned by Ken and Linda Menefee on Deer Hil Drive 940 feet southwest of SH 6. County will drain channel in order to replace roadway culvert on Deer Hill Drive. Site is located In Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/27/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Private Property Access - Ken L. Menefee - Deer Hill Backup Private Property Access - Ken L. Menefee - Deer Hill Road - Drain drainage ditch in order to replace roadway culvertodf Road -Drain Material drainage ditch in order to replace roadway culvert wane Peters County Judge L 11one•//{hra7nC nnvncavanria aenv7TtPmTTl-101 AR 7/4/7/110 .. J 4L .. rt' ni v� BRAZOS COUNTY. PRIVATE :PROPERTY ACCESS FORINT E: Duane Peters Brazos County Judge Steve Aldrich' Brains County Road 8 Bridge Dept Commissioner Pet. 1 2917 Hwy 21 West Bryan, Texas 77893 01fCe: 979.622.2127 Sammy Catalena Fax: 978.775.9453 Commissioner Pct 2 " Nancy Berry CommisslonerPd,;3:• Irma Cauley Commissioner pct 4 I. OWNER(S): Ken L:•Menefee avid Linda 0. Menefee (979) 778-1697 'll... ADDRESS: 949 Deer, Hill Drive Bryan, Texas 7780.7-7428 III... LOCATION OF WORK: 940.feet southwest of the.SH 6 frontage road on Deer Hill Driver Property ID 25698— Deer Hill Estates, Bfock 1, Lot 1,10.013 acres IV. DESCRIPTION OF WORK: Request permission to enter prop erty.to drain drainage channel in order to replace roadway culvert on Deer Hill Drive. Install rock riprap at end of pipe, if necessary. Additional Comments: - V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: - - N/A I (we) the undersigned owners) grant permission to Brazos County the ability to access the above mentioned private property:for•roadway maintenance;purposes, M' Owner s Signature: Dater r n M efee Pra ana Bane'i Darrell W..Kolwes Cduh Engineer ty En • 9 Right of Way Agent . Vol. o s P: -� Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 Na DEPARTMENT: CC2019-The Meadows Ph Road and Bridge NUMBER: 1 -Return Cashiers Check - Construction Security DATE OF COURT MEETING: 7/9/2019 ITEM: Request from Road and Bridge for approval to release/retum the original in -lieu -of -bond instrument in the amount of $139,933.40 to RB Meadows, LLC which served as construction security for The Meadows Phase 1. The subdivision roads were previously accepted into the Brazos County road maintenance system 4/30/2019. TO: Commissioners Court FROM: Karen Tyler DATE: 07/03/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvae Memo to Commissioners Court.pdf Memo/Explanation Backup Material Copy of Check.pdf Security Instrument Backup Material Developers Engineer Cost Estimate.pdf Developer's Engineer Cost Estimate - See page 9 Backup Material PRO i9 Duane Peters Dat County Judge Va.. P9'. �. 1i4+r,a-Uhroww "n -cm onry,."Aa / r%rnI9aonW+AmTT)=l 01412 7/1;/71110 C2 � A� in Oy ly�p g4 BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Memorandum To: Brazos County Commissioners' Court From: Prarthana Banerji, PE, CFM County Engineer Date: July 3, 2019 Re: Cashier's Check Serving as Construction/Maintenance Security We were recently notified by Caitlin Adney with RB Meadows LLC requesting the return of a Cashier's Check in the amount of $139,933.40 which she said was issued to serve as construction bond/security for completion of the roadwork in The Meadows Phase 1. Through additional search efforts the original instrument was finally located in our office; however, we have no further information in our files (or to anyone's knowledge) directing how this process was apparently intended to be handled. According to Ms. Adney, RB Meadows was required to prove ability to pay for the completion of improvements in order to file the subdivision plat. RB Meadows did this by providing a cashier's check in the amount of $139,933.40 (copy attached) as assurance that the improvements would be finished if RB Meadows failed to follow through on completion of the road construction. That amount reflected the remaining balance on. the construction contract, verified by the engineers (copy attached). She was able to confirm Alan Munger was the primary point of contact for Brazos County. As the roads in The Meadows Phase 1 were previously accepted into the County's road maintenance system 4/30/2019, the developer has satisfied the requirements of the Brazos County Subdivision Regulations and is due return/release of the posted security (cashier's check). Since no agreement/other documentation exists in our file and the $139,933.40 cashier's check was never deposited to County funds, the Auditor's office has recommended a request for the return of the check to the developer be -placed on the agenda for Court approval. Please contact me with any questions you may have. Va. aGs pg. �� - .. ..... .... ..... ... .. ...,... ... ... ... ... ..... .. .. .. .. ... .. .. .. ... i:.. .. ;F .. .. ;TIir9 OOCUugt7T"AS ui ARilf-ClAiWATFi1tUA%PgRRfDAON tHE MCR IH FAONT,UF 7NE pOCWEM 1u4AWCp6PR71T SGNA7{M1@l➢EA85Ef10E OP 7NP5E fEATURFSY 'um{riTE1 °ss J, y 7':. -tySr '`u°s..^ rB8 1532 .. .:... �.,,�x - y ,✓vr r• lv � t -�I yK 1x1710 h ;:. :.. ,. .. ^'h4RBMPa"dows.� t i 1; �Fs 3§ 1 X 1 S � �saJ, �,�'`:r7ti 7 •+ r �'I 't. '�T G -f �i �` ,$, . ,„ , - x emo SG#1+1OS r� r i� ' . - '�e sr-• _ MfE x4 y. .e i s x # ti DATE {. ¢ r Q L ;. ... .. }1:� k sTy �3�`' �4 a, �1�^2p5"� '��[ •°'e`:S" s x� ,3 if r` y t _ ,; , � s5 _ ' _.,_s- >� } I Lk APs e 7 sx 9 r � 3'��xactly Qn Hukndred ihir y "Wi.nQ rTrhousand 'Nv H'N' ndrA `tThirky �ihrP ' r Ws i t 31. t r r �, .... r /�t �1 t YY r.." CASH Rg �7 l i � :KVS 8 y T a fi Ki . S ��-dF :. a f' a;i "y� PAYABLE THROUGH. r t Z? f. 7 ,:. r :.DUARANiYBANI(dTRUSTs f ¢ o-1 "FeS Hr< r e };a 0 rE ` °t=MT: PLEASANTa.TEXAS S Sz j, -• r ° ° �, a., u !: ISSUER' CCEPfS AS RAW RMRAWEE ' r s . ONCSICARTZR OWNEfh Rock Barn Conservation Pinner%, l.P o;t behalf of Brazos County Construction Remaining Municipal Unity Obtrict No. 2 PROJEC'r, Canstructlon.of tie Meadows Phase 1 at Mlllfcan Re3ervd JOB NO..13704-0004.00 CONTRACTOR. Glenn Fuqua, Inc, REMESTIMATED UNIT 17EMSTOBECOMPLETED NO. DESCRIPTION UNIT QUANTITY PRICE QUANTITY AMOUNT 301 Mobilization and start-up, ''.including L.S. LO S350,000.00 0,0% 50.00 performance, payment, and maintenance hands for 100 percent (100%) of the contract amount,: for the tax,exempt portlans of the contract. 1.02 Clearing & Grubbing of Rights of Way, Ac. 171 53,500.00 0.0 SOHO easements and adjacent areas for placement of roadway embankment as directed by Engineer,, All cleared and grubbed material to become property of the contractor and disposed of offsite In a legal manner, as directed by Engineer, •••Change order No. 00260. 1.03 Demolish, remove, and legally dispose offsite S.Y. 364.0 54.50 .0.0 $0110 existing concrete, as directed by Engineer.. 1.04 Remove and legally dispose offsite Cattle EA. 1.0 $200.00 0.0 Sam Guard, as directed by Engineer: LOS Demolish, remove, and legally dispose offslte EA.. 1.0 $250.00 0.0 $0.00 existing pipe culvert, as directed by Engineer. 1.06 Remove and legally dispose offsite existing LF. 457.0 $2.00 0.0 $0.00 waterline, as directed by Engineer. 1.07 Demolish, remove, and legally dispose offsite EA. 1.0 S500.00 0.0 50,00 existing concrete flume, as directed by Engineer. 1.06 Earthwork at Borrow Pit p1 (Excavation and LS. 1.0 S61500.00 0.0% 50,00 Embankment, ±2,010 CY Cut/Fill) 1.09 Earthwork at Barrow Pit e2 (Excavation and L.S. LO $22,500.00 0.0% $0.00 Embankment, ±8,090 CY Cut/Fill) L31 Groundwater dewatering system, complete L.E. 300.0 $25.00 0.0 $0.00 In place and operated per specifications, as directed by Engineer. Price is per linear Foot of pipe dewatered. (Minimum bid $20/LF) 2.01 Roadway ,Earthwork (Excavation and L.S. 0.0 590.000.00 0.0% 50.00 Embankment±32.900 CY Cut/Fill) •••Change Order No. 001111 Rage i Va. a s Po, w ,+ ai ajoNcsjr.ARTr-R OWNER: Rock Bam Conservation Partners, LP on behalf of Brazos County Construction Remaining Municipal Utility District No, 2 PROJECT: Construction of the Meadows Phase I at Millan Reserve J08 NO. ; 33704000400 CONTRACTOR: Glenn Fuqua, Inc. ITEM ESTIMATED UNIT ITEMS TO BE COMPLETED NO. DESCRIPTION UNIT QUANTITY PRICE QUANTITY AMOUNT 2.01a Roadway excavation. Excavated material to C.Y. 36,18S.0 $2.74 0.0 50.00 be hauled, spread, and compacted per the grading plan. FIR shall be placed In maximum loose lifts of eight•inches (e'1 or leu and compacted to at least 9S percent of the Standard Effort (ASTM 0 698) maximum dry density for material that is located within five feet of finishedgrade. Fill greater than five feet shall be compacted to 95 percent of the Modified Effort (ASTM D 1557) maximum dry density. '"Change Order No. 0111 & 002"' 2.02 Manipulation, grading, and compaction of 6" S.Y. 17,550.0 $1.50 0.0 $0.00 lime or cement subgrade.(6% by weight), as directed by Engineer `Change Order No. call •• 2.03 Lime or cement for subgrade, as directed by Ton 261.0 $150.00 0.00 50.00 Engineer ""Change Order No. 001"' 2.04 6 -inch crushed stone base according to detail S.Y. 17,550.0 $9,50 0,0 $0.00 including grading and compaction to 98% standard density, complete in place. "'Change Order No. 001"' 2.05 2" HMAC Pavement, including prime coat, S.Y. 14,190.0 $12.00 0.0 $0.00 complete in place. 2.06 TxDOT Triangular SRpbase Sign & Post, EA. 1.0 $375,00 1.0 $375.00 complete in place. 2.07 Nucor Breakaway5ign Base & Post, complete EA. 3.0 $375.00 3,0 51,12540 In place. 2.08 Street Sign, complete in place. EA. 4.0 $400.00 4.0 $11600.00 2.09 Regulatory Sign, complete in place. EA. 4.0 $400.00 4,0 $1,600,00 2.1 4•inch solid refiectorized pavement marking LF. 6563.0 50.70 6,563.0 $4,594,10 Type I (white), complete in place. 2.11 4 -Inch solid reflectorized pavement marking LF. 1,084.0 $0.70 1,084.0 $758.80 Type I (yellow), complete in place. 2.12 4' Double Yellow Stripe, complete in place. LF. 3,309.0 $1.40 3,309.0 $4,632.60 2.13 24" White Stripe, complete in place. LF. 36.0 S17.90 36.0 $644,40 3.01 24' RCP Pipe, CL RJ Structural Backfill, aR LF. 94.0 S65.00 0.0 $0.00 depths, (including bedding and backfill). Complete in place. page 1 l� JONESICARTER OWNER: Rock Dam Conservation Partners, LP on behalf of Brazos Countv Construction Remaining Municipal Utility District No. 2 PROJECT: Construction of the Meadows Phase I at Miilican Reserve JOB NO. :13704.0004-00 CONTRACTOR: Glenn Fuqua, Inc. ITEMESTIMATED UNiT ITEMS TO BE COMPLETED NO. DESCRIPTION UNIT QUANTITY PRiCE QUANTITY AMOUNT •' *Change Order Na 001060 3.02 10 ADS 'HP Storm' or approved equal with LF. 214.0 $28.00 0.0 50.00 Structural Backfill, all depths, (including bedding and backfill), complete In place. 3.03 24" ADS 'HP Storm' or approved equal with LF. 208.0 $38.00 0.0 $0.00 Structural Backfill, all depths, (Including bedding and backfill), complete In place. ***Change Order No. 002010 3.04 30" ADS 'HP Storm' or approved equal with LF. 121.0 $48.00 0.0 $0,00 Structural Backfill, all depths, (including bedding and backfill), complete In place. 3.05 36" ADS 'HP Storm' or approved equal with LF. 406.0 $50.00 0.0 $0.00 Structural Backfill, all depths, (Including bedding and bacidlit), complete In place. 3.06 48" ADS 'HP Storm' or approved equal with LF. 133.0 5100.00 0.0 50.00 Structural Backfill, all depths, (including bedding and backfill), complete In place. ***Change Order No. Doll - 3.07 Four (4) Barrel 10' x 6' Reinforced Box LF. 74.0 $11750,00 0.0 $0.00 Culvert, all depths, (including bedding and backfill), complete In place. '"Change Order No. 0016" 3.08 24" Safety End Treatment, Type II for Parallel EA. 2.0 511100.00 0.0 $0.00 Drainage, Including grading, bedding, and backfill, complete in place. 3.09 Sloped End Treatment for 38" Pipe, including EA. 6.0 $275.00 0.0 $0.00 grading, bedding, and bacldi0, complete in place. 3.1 Sloped End Treatment for 24" Pipe, Including EA. 2.0 $325.00 0.0 $0.00 grading, bedding, and backfill, complete In place. 1"Change Order No. 0010' 3.11 Sloped End Treatment for 30" Pipe, including EA. 2.0 $425.00 0.0 $0.00 grading, bedding, and backfill, complete In place. 3.12 Sloped End Treatment for 36" Pipe, including EA. 3.0 $475.00 O.D $0.00 grading, bedding, and barkf1ill, complete in place. , 3.13 Sloped End Treatment for 48" Pipe, including EA. 2.0 $625.00 0.0 50,00 grading, bedding, and backfill, complete In place, Page 3 Vol. Pq.�q L a JON fL9�CAp7£FI OWNER: Rode Barn Conservation Partners, LP an behalf orBrazos County Construction Remaining Mur dpal Utility Olstrict No. 2 PROJECT: Construction of the Meadows Phase i at Mililcan R6arve JOB NO.:13704.00D4.00 CONTRACTOR: Glenn Fuqua, Inc ITEM ESTIMATED UNIT ITEMS TO BE COMPLETED NO. DESCRIPTION UNIT CIUANTFIY PRICE QUANTITY AMOUNT 3.14 15'x 4' Pre -cast Junction box with open tap, EA,• 1.0 517,500.00 0.0 $0.00 complete in place. 3.15 4' x 4'Pre-cast junction box, all depths, EA, 2.0 54,500.00 0.0 $0.00 (including bedding and backfill), complete In place,, 3.16 6.5' x 4' Drop Inlet, o0 depths, (including EA. 1.0 $6,500.00 0.0 50.00 bedding and backfill), complete In place. 3.17 65' x 41.Pre- cast Junction box, all depths, EA. 1.0 $91000,00 0.0 S0.00 (including bedding and backfill), complete In place. 3.18 Flared Wing Headwall, per detail, complete In EA. 2.0 510,000.00 0.0 SO.Oa place, 3.19 Type PW -1 Headwall, Hw, =•8'-6, 105' Long, EA. 0.0 $38,amma 0.0 $0.00 per deta0, complete in place. '"Change Order No. 0011•1 3.19a Type PW -1 Headwall, Hw = 9'-6, 112' long, LF. 112.0 $425.00 0.0 $0,00 per deta8, complete in place. "'Change Order No. 0011" 3.19b Type PW -1 Headwall, Hw - 9'-6, 130' Long, LF, 130.0 $425.00 0.0 50.00 per detall, complete in place. • 'Change Order No. 00100, 3.2 . Guard Hall, complete In place. LF. 414,0 $2150 828.0 $17,802.00 '•'Change Order No.001"' 3.21 Guard Rall Impact Terminal, complete in EA, 4.0 S"00.00 4.0 $6,000.00 place. 3.22 Tumbled Recycled Concrete, 12" Dlam., S.Y. 316.0 $40.00 56.0 S2,640.00 complete in place. 3.23 Tumbled Recycled Concrete, 18" Olam., S.Y. 494.0 $7750 0.0 $0.00 complete in place. '•Change Order No. 00110' 4.01 12" AW WA C900, CL 305 PVC, Water Line, NS LF. 397.0 $36.00 0.0 soma Backfill, bedding and testing, with tracer wire, complete In place. '"Change Order No. 0021• 4.02 12" AWWA 0900, CL 305 PVC, Water Une, LF. 397.0 $38,00 0.0 $0.00 Sir, Backfill, bedding and testing, with tracer wire, complete in place. ***Change Order No, 00260• 4.03 B" AW WA 0900, CL 305 PVC, Water Una, NS LF. 3047.0 $28.00 0.0 $0.00 Backfill, bedding and testing, with tracer wlre, complete In place. "'Change Order No. 0021•' Page 4 vol. pg. Aq P7 6d- WA 7� T, qb S ON 00'05 0'D 001006S 011 'tl3 'meld ul aloldwWanleA Oleg „9 TZ'9 00'0$ 010 00'05Z'IS 0'8 '10 weld ulalaldtuo3'anleAOleg„y Z•p 00'0$ 010 00'OOZ'ES 0'E 'V3 weld ulafaldwo:'aAWAaleg„ZT 61'V Wa$ O'0 00'0655 0'T tl3 a*eldul alaldwm'aal'1'0.9x.ZI BI'9 0010$ 0'O 00'OT9S 0'T 'V3 'meldulalaldwoa'aal'I'a„Bx.ZT LT'9 'meld 00 -US 0'0 00'0SI'$ O'Z 'V3 ul a;aldww 'Buydno3 uolssajdwo3 .Zi 9T'b DO'OS 0'0 00'0295 D'Z 'tl3 weld ulalaldcum'BulldnozJogPutl.ZT 'ST'4 .*.ZOO 'ON CORD 28ue4]... WSW O'6 tl3 meld ul alaldww 1puaB1ap S'ZZ'I'O2. ZI 9T'9 ...ZOD'oN JRFJ0 02ue47... 00'0$ 0'O DO'S69S 0'Z 'tl3 weld ul aloldww'PuDG'92F Sy •l'a „ ZI £I'? t ... ZOO 'oNiaplO a8ueg3... Gala$ - G'D G0'ZSS O'T4 j7 weld ul a3eldcum'BulS03 3Ad SZ Ua ZI ZT'9 ...Z00'ON JaPJO 211ue0... 00'05 0'0 00.095 0'91Z Tl weld ul ajaldwo3'9ulse] 3Ad SZ 110 .01 II'9 ...WO MN J8PJ0 aSue43... weld ulalaldwo3'(SJa3eds 00'DS 0'0 (10'58S O'TTT j'1 aualA43oAlod Bulpnloul) '9ulse] IMS .9T T'V 00105 0'0 004999 O'ZZT d"I -weld ulalaldww'8ulse>>AdSZyO.B1 60'9 ...ZOO 'ON JaPJO ovum"* 'meld ulalaldww'(Sraxeds OD'OS 0'0 00'STTS O'dii 6d'1 aualAglaAlod 8ulpr4ml) 'lulse3 laaiS .0Z 90'9 aO.Z00'aN J0pJ0 a8ue4].60 'meld ul aialdwo; 'ailmjaxeil1PVA'Bul3sa7 pue 9ulpP8q'OUMNS 00'05 0'0 001ZZS 010 di SN 'aun jamm '3Ad SOE 13 '0067 VMMV .9 LO'9 •meld ul alaldwoa 'ailm Ja2eil g1.m'Bullsal pue Buippaq'ilun3ge 00'05 D'0 OD'9£S 016L 'j'1 -40unJa1eM'DAdSOE1)'00631VMMV.9 9O'4 ... ZOO 'ON iaPJO a8ue4]... weld ulalaldwo) 'niuNime q 411m'8ullsal pun BelPPaq'IIUj:ee Was 0'0 DD'9ZS O'ETS'I T1 SN 'aurI JOleM '7Ad SDE 17 `DO63 VMMV .9 SOT ...ZOD'oNJOP+O aBuegP..• meld ul alaldtum 'aJIM ia31en WWBd)l321 Pue 3u;PPaq'IIUtl7eB OO'OS 0'0 IDO'BES MDT 1 131 1 ns'Dun la1eM'3Ad SOE 10'OD60 VMMV .8 90'9 wnowtl I A1MMO 33111d I uNn A. AU. NVntl 031VWLL53 11Nn NOU1113530ON W3SI 03L31dW0ti3901SWUI -3ul'ennnj uualg.y0l3tlytNO:) OD•4f10D•OOLET �'ON 80l aAiasay ue2J1VW le l asegd WORM M410 u011inrisuo0 DR011d Z MN IN Sla Allliln ledp unyl Sululewall uollir ISuo:) Alunoj Same )o )Iegaq uo d1'slaulled u0!1eruasue3 weg'Toy MNMO `J 1� JONES+CARTER OWNER: Rock Sam CgnservaUan Partners, LP on behalf of Brazos County Construction Remaining Municipal utility Dlstdct No.2 PROJECT: Construction of the Meadows Phase I at M11Ican Reserve JOB NO.: 13704-M-00 CONTRACTOR: Glenn Fuqua, Inc. ITEM ESTIMATED UNIT ITEMS TO BE COMPLETED NO.: DESCRIPTION UNIT QUANTITY PRICE QUANTITY AMOUNT 4.22 4" Gate Valve, complete In place. EA. 0.0 $780.00 0.0 $0.00 **'Change Order No. 002"1 4.23 8" 0.1, Tee, complete in place. EA, 3.0 $480.00 0.0 $0,00 "*Change Order No. 00210• 4.24 8° D.I. Plug, complete In place. EA. 0.0 $140.00 0.0 $0.00 '"Change Order No. 002•41 4.25 S" x W D.I. Tee, complete In place. EA. 1.0 $450.00 0.0 50.00 4.26 8" x 6" D.L. Reducer, complete In place. EA., 2.0 $245.00 0.0 $0.00 4.27 8" x 4" D.I. Reducer, complete In place. EA. 010 $225.00 010 $0.00 '"Change Order No. 00201• 4.28 8" D.1.45 deg. Send, complete In place. EA. 2.0 $330,00 0.0 $0.00 ***Change Order No. 002••• 4,29 S" 0.1.22.5 deg. Bend, complete In place. EA. 9A $330,00 010 $0,00 •••Change Order No. 002010 4.3 S' D.1.11.25 deg. Send, complete In place. EA. 9.0 $330.00 0.0 $0.00 4.31 8" Anchor Coupllr% complete in place. EA. 9.0 $195.00 0.0 Som ••.•Change Order No. O11218• 4.32 G" 0.1. 22.5 deg. Bend, complete in place. EA. 3.0 $245.00 0.0 $0.00 "'Change Order No. 0020- 4.33 6.0.1.11.25 deg: Bend, complete In place. EA. 1.0 $245.00 0.0 $0.00 •••Change order No. 002400 4.34 6" Anchor Coupling, complete in place. EA. 4.0 5180.00 0.0 $0.00 •!•Change Order No. 00216• 4.35 4"0.1; 11.2S deg. Send, complete in place. EA, 0.0 $290.00 0.0 $0.00 •••Change Order No. 002014 436 4" D.P. 22,5 deg. Bend, complete In place, EA. 0.0 $190.00 0.0 $0.00 ***Change Order No. 002••• 4,37. 4" Anchor Coupling, complete in place, EA.. 0.0 $150.00 D.0 $0100 *"Change Order No. 002••1 433 Flushing Hydrant Assembly, complete In EA, 3.0 $3,480,00 0.0 SOW place: Change Order No. 002••• 4.39 2' Air Release Valve Assembly, complete in EA. 5.0 $21120.00 0.0 $0.00 lace. Page 6 ; dol:��J Pg. -g L abed OO'DOO'4$ 0'08: 00'OSS 0'08 d 7 'meld ul alaldwm'we0 n:111 13og E adAl 40'5 novo5'T$ 0'09 _ODtZS 0'09 'd'y '63ild u.l e;aldwm'uie0 Api )poy I adAl EO'S ...Z00 T 100'0N JaPJO aeueyP... 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ZI i4'4 'a2eld 00'0$ 0'0 00'03Z'TS 031 'V3 ul aladwm'aull,aleM 8ullslx3 a1 uolloauu0:) 94.4 ...ZQO'ON JaWO a8uetp.00 'meld ul alaldwo2 '(saxaq jalaw pue 's6lnld 'uAm DO% 0'0 00 -DOE -TS DZ -tl3 BuiPnPul %o2 c) 61u01- WINDS JaleM 2I61u15 S4'4 ...Z00'aN JNUO a61ueg7..o meld u) alaldwm '(saxoq ja;aw pue 's8nld 'aAm 00'o$ 0'0 00'0619$ OZ V3 8ulpnpul q,OZ S) uOgS • a3lAlaS JaleM aleUlS 44'4 weld ul alaldw0; '(saxoq jalow pue 's8nld 'akA 00'05 0'0 00'S88'IS 0'E b3 8ulpnpul'(,OZ<)8uol.631esaSsa;eMalgno0 E4'4 e..Z00'0N J9pi0 a8uegP... meld ul alaldwo3 '(saxogialaw pue 's8nid'aAmflulpnpul 00'OS 0'0 00'0501TS 0'01 'tl3 '(AZS)1s0yS-a31Am5ialemalgno0 24'4 ...ZDO'DN iapiO a8ue0aso meld 00'05 0'0 00.00L$ 0'D V3 ul alaldwm AlgwassV anieA jj0 mole .Z I4'4 .,meld 013'0$ 0'0 00'006'TS 0'T 'tl3 u6aladwm'Algw3sstlanlenJIG m0Ie.4 4.4 ...Zoo -ON JapJO 22ue43... LNi60WV A11LNVnt) 331Hd uNn AlUMD 031VWlLS3 LINn NOI1dIUMOON 1 1 W316 03131dW0D38015W311 2ul'enbn3 uua10 8onvei.N00 o"ou13.40LET rON eor auesay uea;01W 1e I aseyd smOpcaW 243 j0 u011MAsu03 :13308d Z'ON vmslO Ampin ILdplunW 8ululeway ut1wru1suo0 A1un0?sazesg 10 Maq uo d1'ssauued uagemasuo0 we8:p0tl :VBN1V10 aaiaVa�eallor 0 JONESjQARTt:R OWNER: Rock Barn Conservation Partners, LP an behalf of Brazos County Construction Remaining Murilcipal Utility District No. 2 PROJECT: Constructlon of the Meadows Phase 1 at Mlllican Reserve JOB NO.:13704-0004.00 CONTRACTOR: Glenn Fuqua. Inc. ITEM ESTIMATED UNIT ITEMS TO BE COMPLETED QUANTITY AMOUNT NO. DESCRIPTION UNiT QUANTITY PRICE 5.05 Erasion Control Blanket (Tensar SC150), S.Y. 2,835.0 $1.10 2,835.0 53,118.50 complete In place. "'Change Order No. 001 & 002010 5.06 Turf Reinforcement Mat (Tensar Vmax S.Y. 2,381.0 $8.50 2,381.0 520,238.50 S0S0), complete In place. Including Hydroseeding & Fibermulch with Flextera HP - FGM at 4.000 lbs/acre. as directed by Engineer and according to specifications including all necessary appurtenances. Contractor to ensure growth and coverage of at least eighty percent (80%) of Hyrdoseeding & Fibermulch area by whatever means necessary, including re -seeding with hay, over -seeding, and fertilizing. ••'Change Order No. 001•1' 5.07 Slit fence, complete In place. LF. 961.0 $1.75 156,0 $273.00 5.08 Inlet Protection Barrier, complete In place. EA. 1.0 $100.00 1.0 _ $100.00 5.09 Installation and Removal of Stabilized EA. 2.0 $2,000.00 2.0 $4,000.00 Construction Access, Refreshed and maintained. 6 Moblllzatlon and start-up, Including L.S. 1.0 $25,000.00 0.0% $0.00 performance, payment, and maintenance bonds for 100 percent (100%) of the contract amount, for the non tax-exempt portions of the contract. 6.01 Manipulation, grading, and compaction o16' S.Y. 8,170.0 $1,50 0.0 S0.00 lime or cement sobgr2de(6% by weight), as directed by Engineer '"ChangeOrder No.001"• 6.02 Ume or cement for subgrade, as directed by Ton 122. $150.00 0.0 Sam Engineer ""Change Order No. 0011" 6,03 6 -Inch crushed stone base according to detail S.Y. 8,170.0 $9.50 0.0 $D.00 including grading and compaction to 9896 standard density, complete in place. -Change Order No. 0011- 6.04 2" HMAC Pavement, with prime coat, S.Y. 6,670.0 $11.50 0.0 " S0.00 complete In place. 6.05 6" Concrete Pad, complete in place. S.Y. 50.0 $45.00 0.0 SO.00 6.06 End of Road Barricade, complete In place. EA. 3.0 $125.00 3.0 $375.00 Page 8 Ar�. � P�. y i JCNE51CARTER OWNER: Rock Bam Conservation Partners, LP on behalf of Brazos Sounty Construction Remaining Mun'dpal Ut10ty District No. 2 PROJECT: Construction of the Meadows Phase 1 at Mllfican Reserve JOB NO.:13704•DO04.OD CONTRACTOR: Glenn Fuqua, Inc, ITEM ESTIMATED UNIT ITEMS TO BE COMPLETED ND. DESCRIPTION UNIT QUANTITY PRICE QUANTITY AMOUNT 6.07 Nucar Breakaway Sign Base & Past, complete EA, 4.0 $350.00 4.0 $1,400.00 In place. 6.08 Street Sign, complete in place, EA. B.0 $375 DO 8.0 $3,000.00 6.09 Regulatory Sign, complete In place. EA. 3.0 S375.00 3.0 $1,125.00 6.1 4 -Inch solid re0ectorized pavement marking L.F. 1,037.0 $0.70 1,037.0 $725.90 Type I (yellow), complete In place. 6.11 24° White Stripe, complete in place. L.5 48.0 $1,40 48.0 $67.20 Al. Miscellaneous additional clearing & grubbing Ac. 2.0 $3,500.00 0.0 SO.00 within site, as directed by Engineer. All , cleared and, grubbed material to became property of the contractor and disposed of offsite In a legal manner, as directed by Engineer. 'A2. Over excavate and replace unsuitable In-situ C.Y.. 6,000.0 $3.00 010 $0.00 still below 1.5 ft with approved on-site material in locations as determined by the testing lab and as directed by engineer (Contractor is responsible to replace the top 1.S ft. of material, as measured from final grade, following a failing testing lab witnessed proof -roll, at no additional cost), Construction Remaining $139,933.40 Page 0 Vol. a 5 Pg. _ BRAZOS COUNTY BRYANJEXAS DEPARTMENT: Information Technology NUMBER: DATE OF COURT MEETING: 7/9/2019 ITEM: Request from the Information Technology Department to approve the cybersecurity vulnerability and risk assessment "Rules of Engagement' with the Cybersecurity and Infrastructure Security Agency, and authorization for the Chief Information Officer to sign the referenced appendices as they are created. TO: Commissioners Court FROM: Eric V. Caldwell, CGCIO DATE: 06/21/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 The Cybersecurity and Infrastructure Security Agency (CISA) is a federal agency under the Department of Homeland Security. Among other responsibilities, CISA coordinates security NOTES/EXCEPTIONS: and resilience efforts across the private and public sectors, and delivers training, technical assistance, and assessments to federal stakeholders as well as to infrastructure owners and operators nationwide.This service is free of charge. Signatures on the attached Rules of Engagement. In addition, the Rules of Engagement references three appendices. CISA tells us that these appendices will be created, in consultation ACTION REQUESTED OR with IT staff, as the first steps of the assessment. We are requesting that the CIO be given ALTERNATIVES: authorization to sign these appendices as they are created. ATTACHMENTS: File Name Description Type J Vol aQ5 Pg--A—C2)- DHS CISA Dated: 06/17/2019 OS'4Ai�CIS A.r� iJ � .Dei 11 � `SE��� CYBER+INFRASTRUCTURE CYBERSECURITY ASSESSMENTS RULES OF ENGAGEMENT Between the CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY And Brazos County, TX Apri102, 2019 Version — SLTT 4.00 Prepayed By: U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency THE ATTACHED MATERIALS MAY CONTAIN DEPARTMENT OF HOMELAND SECURITY INFORMATION THAT IS "FOR OFFICIAL USE ONLY", OR OTHER TYPES OF SENSITIVE BUT UNCLASSIFIED INFORMATION REQUIRING PROTECTION AGAINST UNAUTHORIZED DISCLOSURE, INCLUDING CONFIDENTIAL AND LEGALLY PRIVELEGED INFORMATION UNDER FEDERALAND STATE LAW. THE ATTACHED MATERIALS MUST BE HANDLED AND SAFEGUARDED IN ACCORDANCE WITH APPROPRIATE PROTECTIONS FOR SUCH INFORMATION. LIPage 1 of 11 g�Gg SA DHS CISA Dated: 06/17/2019 THIS PAGE INTENTIONALLY LEFT BLANK. c Page 2 of 11 C .� I 7A DHS CISA Dated: 06/1712019 Table of Contents 1 Introduction.......................................................................................................................................... 4 2 Procedures and Authorizations Prior to Service................................................................................. 4 3 Site Preparation.................................................................................................................................... 5 4 Assessment...........................................................................................................................................8 5 Post-Assessment.................................................................................................................................. 8 6 Dispute Resolution...............................................:.............................................................................10 7 Amendment........................................................................................................................................10 8 Termination........................................................................................................................................10 9 Approval.............................................................................................................................................10 CI�� Page 3 of 11 n/�� DHS CISA 1 Introduction 1.1 Purpose organization Dated: 06/17/2019 This document establishes the Rules Of Engagement (ROE) for cybersecurity assessments requested by Brazos county, Tx ( Bc ).from the Cybersecurity and Infrastructure Security Agency (CISA). 1.2 Scope This ROE applies to Bc and CISA for all services documented through the procedures described herein. In addition, it applies to all CISA personnel who may access data obtained or generated under this ROE. This ROE does not include services for any classified computer, system or network nor access to any classified information. . 1.3 Background CISA Assessments utilize a defined strategy and methodology for testing, assessing and analyzing target systems with state-of-the-art tools and highly trained security experts to conduct Vulnerability and Threat Assessments. The purpose of these Assessments is to assist Bc in developing a strategy for improving cybersecurity posture and aligning it with enterprise architecture and mission objectives. CISA's Assessment teams conduct comprehensive assessments of federal and non-federal networks, including critical infrastructure networks, under authority of Title XXII of the Homeland Security Act (6 U.S.C. § 651 et seq., see especially section 2209 (6 U.S.C. § 659)) and the Federal Information Security Modernization Act (FISMA) (44 U.S.C. §§ 3551 et al.). CISA teams assess unclassified networks to evaluate the security posture when compared to best practices, regulations, policies and standards relating to cybersecurity. CISA team services include various cybersecurity assessment activities such as network mapping, vulnerability scanning, host based assessment, database and web application scanning, phishing, red teaming, and rogue wireless access point detection. The CISA teams include both federal government employees and contractor support personnel. All contractors serving on CISA teams have signed valid DHS 11000-6 Non Disclosure Agreements. Insert Establishment Background (Optional) 2 Procedures and Authorizations Prior to Service 2.1 This ROE is effective when signed by the Bc CIO or equivalent authorized official and the CISA Assessments Chief. 2.2 Pursuant to this ROE, Bc may request CISA team services by completing an Appendix Ain advance, each time service is requested. The CISA team will only perform those services specifically selected by Bc in the Appendix A and will only access systems and/or IP addresses identified by Bc in the Appendix A, during the period of time agreed upon in that Appendix A. Each new a CJQ _ Page 4. of 11 of . -Pc)'. ao7 DHS CISA Dated: 06/1712019 Appendix A will be sequentially marked, e.g., Appendix A-1, Appendix A-2, Appendix A-3. The Appendix Ais complete and becomes part of this ROE when all relevant information has been provided, including the selection of the Site Monitor, and Appendix A is signed by both the Site Authority (either the Site Monitor or the relevant CIO/authorized official) and the CISA Team Lead. Prior to the start of CISA team services, the BC Site Monitor shall provide signed copies of the complete Appendix A to the BC CIO or equivalent authorized official and the CISA Team Lead shall provide the same to the CISA Assessments Chief. 2.3 In the event that any site/IP address proposed to be in -scope of requested CISA team services is operated by a BC sub -entity whose CIO or equivalent authorized official has unique or exclusive authority over that site/IP address, the sub -entity CIO or equivalent authorized official must complete and sign a separate Appendix A authorizing CISA to conduct requested services within that site/IP address range. 2.4 In the event that any site/IP address identified by BC in an Appendix A is operated or maintained by a third party (e.g. contractor or cloud -service provider) on behalf of Bc ec will ensure that the third party provides authorization for testing by either filling out and signing the form at Appendix B or completing the third party's authorization process and providing proof of authorization to the CISA team. Appendix B is complete and becomes part of this ROE when signed by an authorized representative of the third party. Each new Appendix B will be labeled with the corresponding Appendix A number and a sequential alpha character. For example, an Appendix B for two third parties under BC 's fourth request for services would involve Appendix A-4 and Appendix B -4a and Appendix B -4b, respectively. Prior to the start of CISA team services, signed copies of each complete Appendix B will be provided by the Site Authority to the BC CIO or equivalent authorized official and by the CISA Team Lead to the CISA Assessments Chief. 2.5 Services provided by the CISA Team are described in the Services Catalogue at Appendix C. The Services Catalogue maybe updated at anytime by notice to Br : Correspondingly, the template for Appendix A maybe updated by notice to BC to reflect new or changed services offered by the CISA team in an updated Services Catalogue. 2.6 Some CISA services described in the Appendix C Services Catalogue may require use of one or more of BC 's unique seal, trademark, name, or insignia in phishing emails. BC hereby grants CISA the right to use such seal, trademark, name, or insignia. BC is responsible for obtaining any internal authorizations necessary for CISA use of its seal, trademark, name, or insignia, consistent with applicable law and procedures. oONryt CISA Page 5 of 11 DHS CISA Dated: 06/17/2019 2.7 Some CISA services described in the Appendix C Services Catalogue will involve scanning or other network traffic originating from IP addresses or similar identifiers belonging to CISA or entities that CISA has contracted with, including cloud service providers. Such IP addresses or similar identifiers will be made known to the Site Monitor, when appropriate. CISA will also notify the Site Monitor should the IP addresses or other identifiers change. 2.8 BC certifies that its log -on consent banners or notices; terms -of -use policies or user agreements; computer training programs; and any other mechanisms used to notify users and obtain their consent to the terms and conditions of computer use clearly demonstrate to BC computer users and obtain their consent that: "Users have no reasonable expectation of privacy regarding communications or data transiting, stored on or traveling to or from this network/system. Any communications or data transiting, stored on or traveling to or from this network/system will be monitored and may be disclosed to third parties, including other governmental entities, or used for any lawful government purpose." 3 Site Preparation The BC Site Monitor identified in Appendix A is an BC authorized representative responsible for preparing the site, serving as BC 's primary point of contact for the CISA team, and monitoring CISA team services at that site for the agreed upon time and services identified in the Appendix A. Prior to the start of any CISA team services: 3.1 The Site Monitor and the CISA Team Lead will review the Appendix A and ensure -that either an additional Appendix A and/or a completed Appendix B have been provided, if applicable, for all sub- entities or third parties. 3.2 The Site Monitor will coordinate and ensure, as appropriate, the involvement of BC officials and adherence to BC policies and standard operating procedures that could have an impact on the scanning activities and the information systems being assessed. 3.3 The Site Monitor will identify to the CISA team potentially sensitive BC devices prior to testing. 3.4 The Site Monitor is responsible for ensuring system backups have been performed and restore processes are validated prior to the start of external or internal CISA team services. 3.5 The Site Monitor will provide the CISA team with information about the internal IT environment. 3.6 Certain CISA team services may require administrator or other specific user access to the networks or systems being tested. The Site Monitor is responsible for ensuring access for the CISA team. If administrator provisions are required, access will be granted by either (1)Either Bc or CISA establishing a separate administrative account for testing (e.g., "CISATeam"), or (2) through the use, 0 �ol�aq� CISA cvem.u�riusmuciunc PSao9 Page 6 of 11 DHS CISA Dated: 06/17/2019 under BC supervision and control, of an existing administrator account. It is recommended that separate testing accounts will be established prior to the arrival of the CISA team. 3.7 The Site Monitor, on behalf of BC and in coordination with other BC officials as appropriate, will use best efforts to identify to CISA in advance any categories of data, which may be encountered by CISA during the selected services, that are sensitive in nature or protected from disclosure by statute, regulation, or other authority, including personally identifiable information, and will provide CISA instructions on how to identify and handle such data if encountered by the CISA team. The Site Monitor and CISA Team Lead will work together to structure the engagement to ensure that the CISA team does not come into contact with such data to the maximum extent possible or that appropriate data handling requirements have been put into place. The Site Monitor and CISA Team Lead will also discuss in advance what initial actions should be taken in the event that unforeseen sensitive data is encountered during CISA team services. 3.8 For assessments conducted onsite at the Bc facility, the Site Monitor may request and is permitted to authorize BC IT staff or security personnel to scan the CISA team assessment equipment for vulnerabilities prior to network connection using agreed upon vulnerability scanning tools. However, assessment equipment contains code and technical references, which are not to be viewed, distributed or evaluated by external organizations. Under no circumstances will the CISA team's Government Funded Equipment (GFE) be relinquished from the control of the CISA team. 3.9 The Site Monitor may request that the CISA team conduct scanning activities on-site or remotely through a virtual private network. 3.10 For assessments conducted on-site at the BC facility, the Site Monitor will ensure that office or conference room -type workspace with AC power and a minimum four internal network jacks/drops with a live connection at the identified facility is available and provided to the CISA Team. Personnel from BC IT staff or security personnel are encouraged to observe the CISA Team on-site. 3.11 For assessments conducted remotely, BC is responsible for providing a virtual private network connection. The Site Monitor will provide any information and support necessary for the CISA Team to connect remotely. 3.12 In order to prepare for and conduct certain assessments, the CISA Team may passively compile data from publicly -available and commercially -available resources, including information regarding Bc 's employees, network (e.g., registered network ranges and applications), and organization. CISA CIBfH'P1FRh51fiUCNIIE Page 7 of 11 DHS CISA Dated: 06/1712019 This information, to the degree that it is not incorporated into the final report, will be deleted upon completion of the selected assessment(s). 4 Assessment During the assessment: 4.1 The CISA team will use GFE, Government Off -The -Shelf (GOTS), Commercial Off -The -Shelf (COTS) and open -sourced software and hardware. Use of any particular software or hardware by the CISA team is not a government endorsement or sponsorship of any product, service or company. A brief description of any software or hardware used by the CISA team can be furnished in advance upon request. 4.2 The CISA team will conduct any external assessment selected in Appendix A during the dates specified in Appendix A. 4.3 The CISA team will conduct any internal assessment selected in Appendix A by connecting GFE to BC 's network, either on-site or through a virtual private network provided by BG as determined by the Site Monitor, during the dates selected in Appendix A. 4.4 The CISA team will collect and analyze data from BC systems, networks, and processes to assess capability gaps in order to identify a road map for an enterprise -level risk based mitigation strategy. 4.5 For on-site assessments, the CISA team will provide to the Site Monitor a brief overview of daily activities and an outbrief at the conclusion of the assessment. 4.6 The CISA Team Lead will notify the Bc Site Monitor if a perceived significant event occurs during the assessment. The Site Monitor is responsible for having appropriate knowledge and understanding of the BG networks and systems, identification and/or confirmation of a significant event, and taking appropriate action, which may include suspension and/or termination of the assessment. In the event a significant event occurs that warrants termination of the assessment, the CISA Team Lead and the Site Monitor will promptly provide to the BC CIO or equivalent authorized official, the BC Site Authority, and the CISA Assessments Chief a written account of the conditions and actions that led to the termination of the assessment. If the CISA Team Lead and Site Monitor cannot agree on the account, both accounts will be provided. 4.7 In the event a disagreement arises between Bc and the CISA team during the assessment, best efforts will be made to resolve such a disagreement at the lowest level possible. 5 Data Protection ^^ cc Page 8 of 11 V��7 ���, a95 DHS CISA Dated: 06/17/2019 5.1 Consistent with 5 U.S.C. § 552(b), CISA will not disclose under the Freedom of Information Act ("FOIA") any information provided by BC under this request that is exempt from disclosure, including: Exemption (b)(3) as matters specifically exempt from disclosure by statute, Exemption (b)(4) as trade secrets and commercial or financial information that is privileged or confidential, and Exemption (b)(7)(A)-(F) as records or information compiled for law enforcement purposes. 5.2 Without limiting the previous sentence, BC understands that this obligation will apply to any written CISA notes of observations of BC facilities and equipment (including computer screens), that CISA will make determinations regarding FOIA requests on a case by case basis consistent with its obligations under FOIA, CISA FOIA regulations, and its own internal guidance, and that any determinations regarding specific FOIA exemptions will be made at the time that the responsive records are processed. CISA shall provide BC an opportunity to object to disclosure as provided by applicable law. 5.3 BC understands that information provided by BC that meets the definition of cyber threat indicator or defensive measure as defined in the Cybersecurity Information Sharing Act of 2015 (the "2015 Act"), 6 U.S.C. § 1501-1510, and that is provided in accordance with the 2015 Act's requirements, will be protected as provided by the 2015 Act (including protection from release under FOIA). See the Non -Federal Entity Sharing Guidance under the Cybersecurity Information Sharing Act of 2015 published by the Department of Homeland Security and the Department of Justice, available at https://www.us-cert.eov/als. 5.4 Further, the 2015 Act may offer disclosure protection for the final report when in BC 's possession, as the 2015 Act provides a basis in federal law for state, local, and territorial (SLT) governments to exempt vulnerability information received from CISA from disclosure under any STL freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records. See 6 U.S.C. 1503(d)(4)(B). This exemption applies to, a "cyber threat indicator or defensive measure;' the 2015 Act explicitly defines "cyber threat indicator" to include "a security vulnerability" (See 6 U.S.C. § 1501(6)(C)) and defines "defensive measure" to Include any action, procedure, technique, or other measure to prevent or mitigate a known or suspected cybersecurity threat. See 6 U.S.C. § 1501(7)). STL governmental entities, rather than CISA, are responsible for asserting this basis for withholding in response to any such requests under their own STL disclosure laws. CISA' Page 9 of 11 ♦F Nu 59� DHS CISA Dated: 06/17/2019 5.5 Collected data and assessment results may be anonymized and used to support government -wide trending analysis. Any data or assessment results used in trending status reports will be non - attributable to Bc . 5.6 CISA will not share BC 's specific data and final report except as may be required by law. 6 Post -Assessment 6.1 The CISA team will provide BC with a final report within 30 days. The final report is provided "as is" for informational purposes only. The Department of Homeland Security (DHS) does not provide any warranties of any kind regarding any information contained within. DHS does not endorse any commercial product or service, referenced in the final report or otherwise. Further dissemination of the final report may be governed by a Traffic Light Protocol (TLP) marking in the header, if present. For more information about TLP, see http://www.us-cert.gov/tip/. 6.2 BC understands that it is under no obligation to implement any changes to its information systems that CISA may recommend. 7 Dispute Resolution Disputes will be resolved at the lowest level possible. 8 Amendment Unless otherwise specified, this ROE may be amended by the mutual written agreement of the BC CIO or equivalent authorized official and the CISA Assessment Chief at anytime. 9 Termination This ROE maybe terminated either bilaterally by the mutual written agreement of the BC CIO or equivalent authorized official and the CISA Assessments Chief at any time or unilaterally with thirty (30) days written notice. 10 Approval By signing below, the approving BC official certifies the following: • BC authorizes the CISA team to provide services on BC networks and systems in each Appendix A; • Bc agrees to obtain and provide to CISA a written authorization using the format Appendix B from every third party that operates or maintains Bc networks/systems listed in each Appendix A; • BC agrees to ensure that BC network users have received notice and consent in - accordance with this ROE; • BC accepts that, while the CISA team will use its best efforts to conduct its activities in a way that minimizes risk to BC systems and networks, all of the tests described above, CISA Page 10 of 11 fi r DHS CISA Dated: 06117/2019 and especially penetration testing or a red team assessment (if selected) create some risk to BC systems and networks; • BC accepts the risks to BC systems and networks that may occur as a result of activities described in this ROE; • BC acknowledges that CISA provides no warranties of any kind relating to any aspect of the assistance provided under this ROE; • BC accepts the risk of any damage that may result from implementing any guidance provided by DHS; and • BC has authorized you to make the above certifications on its behalf. 6/10/2019 (Signature, Chief Information Officer or Equivalent) (Date) Duane Peters, County Judge dpeters@brazoscountybc.gov 979-361-4108 (Print Name and Title) (Email and Telephone Number) CISA Assessment Chief For CISA Assessments Use Only — ROE S/N: (Date) �`Cl Page 11 of 11 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Juvenile Services NUMBER: DATE OF COURT MEETING: 7/9/2019 ITEM: Approval of contract renewal with Hays County for short term and long term residential services of juvenile offenders. TO: Commissioners Court FROM: Linda Ricketson DATE: 07/03/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ACTION REQUESTED OR Approval. ALTERNATIVES: ATTACHMENTS: File Name Description Type HaysCountyPreandPost20l9-2020.r)df Hays County Renewal Cover Memo vOo. �— �9. ais STATE OF TEXAS § COUNTY OF HAYS § CONTRACT AND AGREEMENT FOR SECURE LONGTERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDI This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD, hereinafter referred to as the Service Provider, and the County of BRAZOS hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the, 11 day of September, 2019, through the 31' day ofAugust, 2020 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in'order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision; during pre-trial and pre-dispositional status or in the post- dispositional treatment prescribed by the Court; and Whereas, Service Provider desires to make the facility available to the placing County for such use and purposes and the Service Provider desires to contract for the use of said facility; NOW, TiIEREFORE, the parties agree as follows: I. TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either parry hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. At 12:00 o'clock midnight thirty (3 0) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. Vol. a95 Pg..0-4) W_ IL COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay Service Provider the sum of $140.00 per day for each space utilized in Detention services. The placing County agrees to pay Service Provider the sum of $197.00 per day for each space utilized in the Post -Adjudication programs: Academy program, SPRinG program, Juvenile Intensive Treatment Program (JITP), Mental Health Program (MIT) and the Sex Offender Residential Treatment program (SORT). The daily cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly in accordance with Texas Government Code, Chapter 2251, Payment for Goods and Services. The Service Provider may at its discretion, or upon recommendation of the Hays County Auditor's Office, impose interest on payments that become overdue in accordance with §2251.025, Texas Government Code. In addition to the rate agreed upon between the two parties, the placing County shall either make arrangements to pay, or reimburse the Service Provider for expenditures made, for medical care and dental care for children placed if (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being incurred. If emergency examination, treatment and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE Service Provider agrees to provide a space, if available, at the time that the placing County requests the space. Service Provider will.provide a copy of the visitation/phone contact schedule with this contract and the -placing County shall provide a copy to a resident's-parent/guardian/legal custodian. Service Provider will provide room and board, twenty-four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well-being of the child, and in long-term to enhance the child's functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child/Family Case Plan. -2- IV. ADMISSION AND DISCHARGE Prior to transporting a child to the facility for short term -placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long-term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be furnished a copy of said order and will arrive with appropriate pre- and post -adjudication paperwork as stipulated by Texas Juvenile Justice Department standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the placing County of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least (10) calendar days notice before discharging a child except when the child is a danger to self or others. Service Provider agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardians, custodians, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the .facility shall not be discharged therefrom without: (a) Receipt of the Order signed by the Judges having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. It is further understood and agreed by the parties hereto that children placed in pre - adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless anew Order has been -3- X601. o� Pg. o�lo issued authorizing the continued detention, and a copy of such Or detention facility, or unless a waiver of a detention hearing has been the waiver delivered to the facility. It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, ,diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that posses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for anoffense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN Each child placed in long-term shall have a written Individualized Treatment Plan (ITP) developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, as applicable, and/or appropriate placing county personnel within thirty (30) days of placement. The TTP shall complement the Child/Family Case Plan supplied by the placing County. 4: Y oo. aas Pg. a,q The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Justice Department standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The TTP may contain, but not be limited to the following: the reasons why the placement will benefit the child; specify behavioral goals and objectives being sought for the child; state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's/objectives contained in the ITP on a monthly basis. These reports are to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (f) Aftercare goals. VII. PERFORMANCE MEASURES Goals The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest potential.: This development will be through provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs -The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: • Average length of stay of children in each program. • Average daily population of children in_each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes W! vol. o�-t5 Pg. The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County may be performed by using the following outcome measures: • 80% of youth successfully completing the program. • 80% of youth report improved family communication/functioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least %z educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. • Exercise any other rights or remedies which may be available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION Service Provider will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services famished as may be requested by the placing County. Service Provider will make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination.by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Justice Department, and the State of Texas and/or their, duly authorized representatives. Service Provider will maintain the records (as referenced above) for seven (7) years after the final payment, or until any audit of the program, has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. - Vol. aas Pg. r,3�al Service Provider shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. W. EXAIVIINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on-site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts or omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action or the threat thereof. XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughoutthe, term of -this, agreement covering, among other matters that the placing County shall desire, any and all damages and/or claims that might arise out of the placement of county children. Such insurance shall include, but not be Iimited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take -7- Vo1. a s Pg. affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition. The Service Provider shall comply with minimum standards as put forth by the Texas Juvenile Justice Department at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. XIII. ACKNOWLEDGMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so construed. The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. The parties acknowledge and agree that the Service Provider is under no obligation to accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. The parties understand that services funded in whole, or part, with grant funds 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. The Service Provider and the placing County acknowledge that pursuant to Chapter 321 and Chapter 2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under contract or indirectly through a subcontract. The Service Provider's acceptance of funds under this contract acts as acceptance of the authority of the state auditor, under direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. -8- Vol. Pg. o� 3 XIV. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. XVI. PRISON RAPE ELIMINATION ACT OF 2003 The Service Provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provisions of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The Service Provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR §115) standards and shall permit the placing County to monitor its facility and records as necessary to ensure that the Service Provider is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall provide to the placing County all incident -based aggregate date reports for every allegation of sexual abuse or sexual harassment.and all such data that -may be requested -by the Department of Justice. from the previous calendar year no later than June 30 (§115.387 (f)) and the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence. The Service Provider shall report to the placing county in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. ME ,Vol. �'i5 --Pg.� This Contract is in lieu of all previous contracts or agreements by and between Service Provider and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract become effective. Executed this the day of _ , 20 �eachcopyheieof shall be considered an origin.:.. copy for all.purpos, s. Robert . ' de. ove Official Authorized to Sign Chairman,;. ays County Juvenile Board \, Hays County Justice Center, Room 177 UV Cl nP �� e4e- (— 5 San Marcos, Texas 78666 Printed Name Brett Littlejohn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 Tit1e:�UV'ek1�1��J00.C[� �1'r COUNTY Official `Authorized to Sign1�, Ll- V -I e a�G�T'aaYl Printed Name Title:lxe wAA V e- 1J% i -e c6c- S COUNTY -10- V0 1. 10-V®I. o Pg. ��. ONv�,� , 2.0r� DUPLICATtj,tkCH OFVhHCH SHALL HAVE THE FULL ORIGINAL. Brazos County Commissioners Court By: Duane eters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 FULLY EXECUTED IN FORCE AND EFFECT OF AN �% cl Date 2019-2020 MEMORANDUM OF UNDERSTANDING BRAZOS COUNTY JUVENILE SERVICES ADACEMY/JUVENILE JUSTICE ALTERNTIVE EDUCATION PROGRAM I. PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Brazos County Juvenile Board (Juvenile Board), a political subdivision of the State of Texas, and Bryan Independent School District ("BISD'I whose students are subject to placement in the Brazos County Juvenile Services Academy / Juvenile Justice Alternative Education Program (the Program of JJAEP). It establishes roles and responsibilities relating to the Brazos County Juvenile Justice Alternative Education Program and Bryan Independent School District. This Memorandum of Understanding is an inter -local agreement entered into pursuant to Texas Education Code, Chapter 37 and Texas Government Code Chapter 791. II. PROGRAM GOALS The major goals for the Program in providing services for the students are; (1) to provide a continuum of educational services; (2) to establish consistency, predictability, and appropriateness of student placement following expulsion from their regular school program; (3) to return the expelled student to a regular school setting as soon as appropriate; (4) to impress upon the expelled student that there are progressive sanctions for engaging in criminal and delinquent behavior in the public school setting; (5) to provide educational and placement options for the Brazos County juvenile courts; and (6) to enable the expelled student to perform academically at their appropriate grade level. M. STUDENT ELIGIBILTY Students will be assigned to the Brazos County Juvenile Services Academy/Juvenile Justice Alternative Education Program (JJAEP) only as set forth by the provision of this MOU. A. Discretionary Expulsions. Students may be assigned to the JJAEP when they have been expelled from BISD for committing on of the offenses listed in the "Attachment A" deemed to be a discretionary expulsion by the Texas Education Code ("TEC"), as listed under TEC Section 37.007 (b), (c), (d), (f), or (i), and Section 37.0081(b) (Discretionary Expulsion). B. Mandatory Expulsion. Students shall be assigned to the JJAEP when they have received a mandatory expulsion from BISD for committing one of the delinquent or criminal offenses deemed to require a mandatory expulsion under TEC Section 37.007 (a), (d), and @ (Mandatory Expulsion). C. Notification Procedures. BISD shall notify the appropriate local law enforcement agency and/or the juvenile and juvenile department in writing as soon as practicable upon BISD's identification of a student who it reasonably believes has engaged in delinquent or criminal conduct for which the student will be subject to mandatory or discretionary expulsion. Such notice shall be given in addition to 1 Page Vol. a95 Pg. Za7 any notice required under Texas Family Sec. 52.041. D. Court -Ordered Placements. Students may be placed in the JJAEP by a Brazos County Juvenile Court when they have been adjudicated or placed on conditions of release for delinquent conduct. BISD is responsible for providing special education services for BISD students, as articulated in the students' EM and/or BIPs when such services are not provided by the JJAEP. E. Registered Sex Offenders. Students who are publicly registered sex offenders and residents of Brazos County many be placed by BISD in the JJAEP as provided in Subchapter I of Chapter 37 of the TEC and in accordance with the conditions set out in Section M.B.5 of this MOU. Only students who are Brazos County residents may be placed in the JJAEP under this provision. F. Adult Students. A student who is 17 years or older (Adult Student) is not eligible for juvenile probation services unless the student was on juvenile probation at the time of enrollment. In the event an Adult Student does not meet the JJAEP Program behavior expectations as determined by the JJAEP Administrator, the student shall be returned to BISD for disposition. The JJAEP shall not accept nor keep enrolled any student who is 18 years of age or older. G. Mandatory and Discretionary Placements. Students expelled into the JJAEP shall only be accepted or remain in the JJAEP if ordered as a condition of court ordered juvenile probation or on a condition of release for "Delinquent Conduct" (as defined by Texas Family Code Chapter 51) by a Brazos County juvenile judge or Brazos County juvenile referee. Eligibility of any other student expelled from BISD on a discretionary basis will be determined by the JJAEP and BISD on a case-by-case basis following BISD hearing on recommended expulsion. The JJAEP will be notified of such hearings and permitted to attend IV. STUDENT PLACEMENT Term ofAssignment to the JJAEP A. Term of Assignment. The discretionary expulsion or placement order by BISD shall specify the number of days or term of the expulsion or placement. For the - purpose of this Article,' one hundred eighty (180)" enrolled instructional days is a year (Year). Minimum placement will be no less than, thirty (30) instructional days but not to exceed one year unless otherwise required by law. Students being discharged from the JJAEP shall be released at the end of a grading period back to BISD. B. Notification. The JJAEP shall provide a basic schedule of instruction to the home district of each student within five business days of enrollment. C. Mandatory Expulsions. A student's original term of expulsion for a mandatory offense may not exceed one (1) calendar year. A student's total assignment to the JJAEP for the Mandatory Expulsion may not exceed one (1) year. An exception may be granted for the expulsion of a student who brings a firearm to school. A student expelled from the student's regular campus for a period of one (1) 21Page calendar year in accordance with federal law may be assigned to the JJAEP for one (1) calendar year. D. Mandatory and Discretionary Placements A student who is assigned to the JJAEP due to a Mandatory or Discretionary Expulsion shall be returned to BISD upon the first of these events to occur. 1. The charges are dismissed 2. The student is acquitted;- 3. cquitted;3. The student is discharged from juvenile probation or from conditions of release; 4. The student completes the term ofplacement; 5. The student graduates from high school 6. 'The student's assignment at the JJAEP reaches one hundred eighty (180) enrolled instructional days; or, 7. The student successfully completes the JJAEP Program. E. Student Releases. The JJAEP staff may recommend students who demonstrate exemplary performance for early release and alternatively, may recommend expulsion term extensions for students who do not satisfactorily complete the JJAEP program. The final determination to extend a student's expulsion term is that of the BISD. A student's assignment to the JJAEP shall terminate at the earliest of one of the following dates: 1. Successful completed of the expulsion term; 2. Early release pursuant to the preceding paragraph; 3. One of the seven 'Taft Reasons" described in Texas Juvenile Justice Department 348 standards; a. Completed program / returned to home school while on probation; b. Completed program / term of probation expired; C. Completed program / term of placement expired; d. GED completion e. Graduated f. Left program incomplete; g. Other — left program for non -delinquency reason such as moved, death, or medical reason; or, 4. The student's assignment to the JJAEP reaches one hundred eighty (ISO) enrolled instructional days. F. Maximum Student Povulation. The maximum student population shall not exceed thirty (30) students. In the event the JJAEP population exceeds thirty (30) enrolled students the JJAEP may; - 1. Discharge and return discretionary expulsions enrolled at the JJAEP back to BISD to reduce the population; and / or, 2. Refuse or deny any new discretionary expulsions from BISD. 31Page Vol. o�Cj pg. o� G. Referrals. BISD shall be allowed no more than four (4) discretionary referrals at any one time. V. SPECIAL PROGRAMS Special Education and 504. A. Initial ARD or 504 Committee, A BISD student who commits an offense and has been identified by BISD as having a disability may be expelled from BISD only after a duly constituted Admission, Review and Dismissal C ARD'J Committee determines that the alleged offense is not a manifestation of the student's disability in accordance with applicable state and federal laws. BISD shall invite the JJAEP Administrator or the administrator's designee to an ARD committee meeting convened to discuss a BISD student's expulsion. BISD must provide reasonable notice of the ARD committee meeting to the JJAEP administrator and to the parent consistent with federal and state law. A copy of the student's current individualized education program (IEP) and Behavior Intervention Plan (BIP) must be provided to the JJAEP Administrator with the notice. If the JJAEP Administrator or designee is unable to attend the ARD committee meeting, the JJAEP representative must be given the opportunity to participate in the meeting through alternative means including conference telephone calls. The JJAEP representative may participate in the meeting to the extent that the meeting relates to the student's placement in the JJAEP and implementation of the IEP or BIP in the JJAEP. Any BISD student who has been identified as a 504 eligible student may be expelled only after a 504 committee determines whether the student's disability as it relates to the alleged misbehavior should result in the student's expulsion. B. Section -504 -Eligible Students: (1) The JJAEP will ensure;.: is .collaboration with BISD,, that a stu:dent jw$oz}s' eligible for., services _m}nder SecA6.' 0� of4the . addres§°whis or h needs;>,as 'deteimiaed li :-"S'eotiori:`504`'coin Documentation of"Section. 504.'eligibility defeiaiinatiomis:iill,be mai each'student. C. Enelisli as a Second Language" (ESLI..(�) The JJAEP; in collaboration with BISD; .:.L- ... __: aL_.t::t ---- __t..-- ------ ----tom rr_-n_ t•" -- his or liei needs,+as detemiained,b►:a language pro14 ficiencyasisessment;comauttee, (LPAC). (2) Documentation of LPAC determinations vvill`fie. maintained for esoli. student. D. IEP and BIP. BISD Students with disabilities assigned to the JJAEP will be provided educational services determined by the ARD Committee, and articulated in the IEP and / or BIP, such that the student receives a free and appropriate public education as defined by federal and state laws, and as further provided herein. The IEP and / or BIP must delineate the projected date for the beginning of services, personnel who will provide direct and/or related services, the anticipated frequency, location and duration of services, and modifications for 41Page Vol. ;�95- Pg... the term of the student's tenure at the JJAEP. 1. Responsibility. Ultimately, BISD is responsible to ensure that appropriate programs and services, as articulated in a BISD student's IEP and/or BIP, are provided at the JJAEP continuously and without disruption. The Juvenile Board is not responsible for the provision of special education services, 504.;ser0des - of ; J:i WC%16SI::: servides. All related services articulated in students' ISPs must be provided by BISD. Related services include speech therapy, occupational therapy, physical therapy, special transportation, in-home/parent training, and sign language interpreters. 2. Amendments. The JJAEP Administrator or designee will notify BISD if the JJAEP is unable to implement the services assigned to it in the IEP and/or BIP of a BISD student. BISD will convene an ARD Committee meeting, including the appropriate JJAEP personnel, to reconsider the placement of the student JJAEP, or amend the plans as deemed necessary. Any amendments to an IEP and/or BJP of a BISD student will be effectuated through the BISD ARD Committee. The JJAEP will provide a copy of each special education student's schedule within 5 school days of BISD's request. C. Suspected Disability. If a BISD student assigned to the JJAEP is suspected of having a disability under the Individuals with Disabilities Education and Improvement Act (IDEIA) criteria, BISD's Child Find procedure will be initiated to resolve whether an assessment to determine eligibility is necessary. The JJAEP staff will assist with the completion of the necessary referral documents. Any BISD student determined to qualify for services and protection under IDEA or Section 504, shall be afforded all lawfully required services and protections by BISD to the extent that the JJAEP cannot provide the service and BISD is notified of the need to provide the service. D. Change of Residence. Students receiving special education services prior to their expulsion and who change residence to another ISD served by the JJAEP, shall continue to be the responsibility of the expelling ISD for the duration of their expulsion. E: - Special Education Eligibility. In any instance where a BISD JJAEP student who was not eligible for special education services at the time of the expulsion and/or who has not previously been admitted into a special education program, changes residence from the expelling ISD to BISD and now qualifies for special education services, an ARD Committee meeting will be convened with representatives from the expelling ISD, BISD, and JJAEP personnel. When a student is identified as a special education student and after consent is obtained for that student to receive services, the ISD of the new residence will accept full responsibility for the expelled student, claim Average Daily Attendance (ADA), provide any special education services articulated in the IEP and/or BIP that the JJAEP cannot provide, and be obligated to pay an cost for the placement to the JJAEP. BISD retains the authority to honor or terminate the expulsion and have the student attend one of the schools within BISD. BISD shall be responsible for the provision of special education services as deemed 51Page- Vol. e�cls Pg.oa� necessary by the respective evaluation team F. Accountability. Accountability for BISD students placed at the JJAEP shall remain with BISD. The eligibility folder will stay with BISD and a working folder will be sent to the JJAEP prior to the intake appointment. G. Addressing Concerns. After placement of a BISD student in the JJAEP, if the JJAEP has concerns that the student's education or behavioral needs cannot be met in the JJAEP program, the JJAEP shall provide written notice of the specific concerns to BISD. BISD will conduct an ARD Committee meeting to reconsider the placement of the student into the JJAEP and to avoid disruption of services and/or an improper placement. BISD is responsible for providing notice to the JJAEP and to the parent of the ARD Committee meeting in compliance with federal and state law and advising them of the specified time and location of the ARD Committee meeting. IF the JJAEP Administrator or designee is unable to attend the ARD Committee meeting, the JJAEP representative must be given the opportunity to participate in the meeting through alternative means including conference telephone calls. R Notices. The notices required in the Article IV must be provided in the native language of the parent or mode of communication used by the parent, in compliance with federal law. The term "native language" when used with reference to an individual of limited English proficiency, means the language used by the individual , or in the case of the child, the language normally used by the parent of the child. V. ADMINISTRATION OF STATE -MANDATED ASSESSMENTS All state -required standardized tests will be administered to students enrolled at the JJAPE. The following responsibilities are assigned for administration of the tests: A. List of Students. JJAEP staff will provide BISD with a list of all students from that District enrolled at the JJAEP at least ten (10) school days prior to the date of administration of state -required standardized tests and will timely update BISD as to any changes to that list through the date of testing. B. Answer Sheets. -,-BISD -is responsible for securing, coding and delivering all answer sheets to the JJAEP Administrator or designee at least five (5) school days before the day of standardized test administration. BISD will also provide additional answer documents to cover students that enroll after the list of students was provided to BISD. C. Modifications. BISD will assist the JJAEP staff to ensure implementation of modifications articulated in the IFPS and/or BIPs for standardized testing, as appropriate, for students receiving special education services; and speakers of languages other than English. If the modifications exceed what the JJAEP can reasonable implement, BISD remains responsible for ensuring that the student has access to the necessary modifications by whatever means BISD deems most appropriate. 61Page Vol. Pg -.03o`-\_ D. Retrieving Completed Answer Sheets. The JJAEP is responsible for making necessary arrangements to retrieve all completed student answer sheets attributed to BISD's students enrolled at the JJAEP. This should occur at least ten (10) school days prior to the state -mandated ship date. E. Submitting Answer Sheets. BISD is responsible for obtaining the student answer sheets, and is also responsible for returning all answer sheets and test booklets to the appropriate TEA contracted agent. F. Student Success Initiatives. The JJAEP will assist BISD in meeting student success initiatives mandated by state law. This assistance does not include the hiring of additional staff. VL FUNDING AND BILLING A. Mandatory Expulsions. Funding for expulsions deemed by BISD to be mandatory for purposes of Texas Education Code Chapter 37 will be provided by the Texas Juvenile Justice Department CrM) for those students who meet the prescribed TJJD eligibility requirements. In addition to the payment received from TIM, BISD will pay for the attendance of such students at the rate of $27.64 per day. B. Discretionary Expulsions. For students who are Discretionary Expulsions pursuant to TEC Section 37.007 (b), (c), (d), (f), or (i), and Section 37.008 (b) BISD shall pay the rate of $106.00 per student per day of attendance at the JJAEP. This rate may be modified by the Juvenile Board during the term of this MOU. C. Court Ordered Placements. BISD shall forward funds received for these students from the Texas Education Agency based on BISD's daily attendance rate, hereinafter referred to as "Target Revenue", to Brazos County Juvenile Services. D. Payment, BISD shall make payment to the Juvenile Board through the Brazos County Auditor. Payment for the fall amount hereunder shall be made payable to Brazos County within thirty (30) days after the invoice issued by the JJAEP Administrator. VII. TRANSPORTATION Participant ISD Responsibility. Transportation of students to and from the JJAEP shall be the sole responsibility of BISD. BISD is responsible for either transporting the students or information parents of their responsibility to transport their children to and from the JJAEP. BISD shall provide all necessary security at the student pick up/drop off location(s). Special Education students for whom special transportation is required by the students Individual Education Plan (MP) will receive transportation from BISD. VIII. TRANSITION Approaching a student's completion of his/her term at the JJAEP, JJAEP staff will send BISD a 71Page Vol. O 6- Pg.o a3 transition file that includes: A. The student's grades converted to numeric scores; when requested by BISD, course completions will be reported; B. A behavior summary, recommendations and comments that suggest placement options that the JJAEP staff deems appropriate for the student returning to his/her home campus; C. Attendance information; and, D. Other recommendations and comments. DL PARTIAL IN'PALIDITY If any provision, section, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. X TERM This Agreement supersedes all prior MOU agreements between these parties and shall be in effect as of August 1, 2019, continuing through, and including, July 31, 2020. This Agreement shall renew automatically each year on August 151, beginning with August 1, 2020, unless notice of a party's intent not to renew is sent to the other party prior to July 15* of that year. The Brazos County Juvenile Board and Bryan Independent School District may modify this Agreement under terms as specified in a written addendum to be signed by all parties. M. INTEGRATION This Memorandum of Understanding, together with the instruments heretofore incorporated by reference and the attachments hereto, contains the entire agreement between the parties with respect to the subject matter hereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agent of any party, that is not contained herein shall be of any force or effect. Any modifications to the terms hereof must be in writing and signed by the parties. AGREED AND EXECUTED this the d y of (:yl 201 Brazos County Juvenile Board By: 3h�/�_,.... Name: Judge Duane Peters 81Page Vol. ass Pg.��,34 Title: Chairman AGREED AND EXECUTED this the to day Of 2018. Bryan Independent School District J -L1 11 Name: Dr. Christie Whitbeck Title: Superintendent ON v 20 1 FULLY EXECUTED IN DUPLICA ACH WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, Brazos County mml ' ers Court By: Duane eters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-3614102 Fax: 979-361-4503 . 7/,7//C/ Date Vol. aqs pg, � 3S 91Page 2019-2'020' IVIEMORANDUNi OF. UkiERSTAMING -BIETWEEN. DRAWS COUNTY JM., NMt JUSTICE ALTERNATWEIDUCAnON PROGRAM/ACADEMY AND COLLEGESTATION WDEPENDENT SCHOOL DISTPJCT - I. RARTMES This Memorandum of Understanding (morj) is entered .into by and between 14d. Brazos County 4-YL!pIle Board (Juvenile. Board), 4 -political subdivisionp e T college , f the Stat of Texas;. and Statio; ludependbnt `School J)istdct �"C8186) whose :9tudebts atd. 'subject to placement in thd- Biaws CQUIMY hivenile Services*A-cad6rAy I Juverlife, Justice Alternative Education Program (the Pro gram.of YJAISP). Itestablfshes'r-olAs-aijdiespQtfsib!Etiesreliting-loaeB.razo&iC.ountvhvenile-Jug(it:e Alternadye -Education Yrojmfn and'Collcgq Station Iqdependent School Diatrict This Memorandum of Understanding is an inter4o.cal, agrdemehf- entexe.d into pursuant to Texas EducEition.Cok: ChVtet 37 add Tbias Gdven=bxit-Code Chapter 7191, H.- PROGRAM GOALS' T116 mral0f goals for the PrbV=, in PrWding services for the, studenti -=; (1) to provide a continuum ofeducatimal servic'esi (2) to establish consistency, prodictability,Q appropriateness of student -placeindnt: fblloW.ingexpulsi.otj from their tbgdlar:sch0ol.progr6f:n, -(3)'to retarri the expelled gtudsat to a ze&lar, school setting as, soon as-.ap*' ropifat (4).tq I ss� upon the expelled student p .0 mpr4 that -there. ure progressive sanctions for engaging in criminal -and delinquentbeha-Vior hi 'the publib sr_h96l sliitipg., (5) tq-'providg educati6nal -aud.placqment options for the Brazos Counfyj4vepile courts; and (6) to enable the expelled student to perfoinx a:cadeddoally at -their appropriate gra& level. IH. STUDENT ELIGIBMTY Students -,AWI'bd assigned to ffi.e Braids Coiinty, Juvenile Services Adadepy/InVejifle Justice Alterhativq�i.4ucation.Prograln..(SJAEP.y only 84 $eifbrth*by'0.e ' 1V C. provWon of this Mo A. Di9deCon—ary Exp-W-Isiobs. Students. may be assigned to the JJA.r,,p when they haver been -expelled from CSISD for toninjittijk& on of the offenses .1isted.fil t1fe, "Attachment A-,"defdmedtobe.iLdi§dr.otionaryqxplilsi*byih�e exa nC as listed under TI1C . Sectlon.AD07.(b.), &,Educpt�q bde or.Cxj. and Segfibik. 37.0681(b).(Dii6faiionAly-Exooqi(jn). B. Mandatory EXPAsion., Studdnts shall be-M91191idd to th6-JJ-AEP when they hav& received -a mandatory expulsion from. CSISD fbi committing one of the delinquent criminal offenses -deemed to toquirt, -it mandatory -expuli . idn under TEC -SoWdn. 17,007- (g)jd), ?A(De (Mandatoiy Expulsion). Cr 'Notification Procedures., CSISD shall notify the appropriate local la -enforcement agency and/or the juvenilq.aAd jyvahik departmeht. in writing as soon a practicable upon CSISD's id6fktification of -a studefit,Who. it reasonably believes has engAgpd in -delinquent or criminal conduct for which ihevstadent will be, subject to mandatdry or. discretionary ekpulsion. Such notice' A'aU be.givea in addition to any'notivax6quiied ufi(.fer-Texas'FapiiIy-$ec. 52.Q4-1. Vol. Pg. •D: Court Ordered Placements. Students may be placed in the. JJAEP by al$razoa County Juvenile Ceurt when they, have been adjudicafed. ox placed on contditions of release for delinquent conduct'. CSISIY is responsible for providuig spec al ediuoation services fdr.CSISD studedts, As articulatod in the students' MPs aWor BIPs• when such services are.not provided by. the..JJAEP. E. Registered Sex Offenders. Students whp are publicly 'registered beic offenders. and 'residents .of Brazos. County manjr be placed by CSISD in the JJAEP,as provided in Subchapter I of Chapter 37 of the TEC and -'in: accordance* with the conditions, set out, in Section IUJ3-.5 of tliis •MOYJ. Only, students who are Brazos County Ye6dents niay be.piaced in the JJAF-P under• this provision. F. Adult Students. A 4adent whQ is. 17 years. or older (Adult Student) isnot eligible.for juvenile,pr.obation services unless•.the student was on jvVenlle.ptobatidn at the time of erirollinent. In tha..eyent an Adult Student does not meex the; JJAEP program behavior expectations as detecrninedby the JJAEP Administrator; the student shall be returned fo CSISD-for disposifion. The JJAHP sh�Il not acceptuor-keep enrolled any, student who is .18-Y.ws of'age or older., G. Mandatory and Discretionary, PIacements Students expelled into, the JJAEP shall only be accepted br remain.in the. JJAEP if ordered -as a condition of couit brdered juvenile probation or on a -condition Of release for'Delinquent. oitdubt" (as defined by Texas Family Code Chapter 51) by a BrazQs County juvenile judge or Brazos County jvvenile%referee. Eligibility of any oihpi student expelled from.CSISD ou a discretionary' basis: wiil bd determined l y the• JJAEP" and CSISD on -a case=byrcase basis. following CSISD hearing on recommended expulsion. The JJAEP will be notified of suoli1 e"gs andperinitted•to attend. IV. STUDENT PLACEMENT Term•of.AWgnmerit to the JJAEP . A. Term -of Assianment. The. discretionary expulsion • or -placement 'o;der by CSISD shall specify the uunibbr. of days -or term of the expiilsion •oe placement: For the purpose of this ArtioleT one hundred eighty (180) enrolled instructional. days• is a year (Spear). kft imuai_placement •will .be no' ld9s than, _.difdy (30) instructional days but •riot to exceed oris year -unless. othervyiwo equired by JAW. gtudents being discharged frons the JJAEP shall be! released --at the end -of a'grading period back to CSISD.. S. Notification. The. JJAtF shall provide• a basid schedule of instruction to the home district of eabh 'student within five business days of ofi olimenk C: Mand`atorsr Expulsions; A student's• brigini 1. term of expulsion far a mandatory offense rhay not exceed one (r)' calendaryear. A student's total assignment to the JJAEP for'the• Mandatory Expulsion may, not exceed'.otid (1) year. Au exception may be granted fox the expuliion t)f'a m4ent who brings a .. rearm to school.. A student elxii led fioxn the student's regular•campuslor a period of one (1) calendar year in accordance• with federal law maybe assigned V the JJAEP for one (1) calendar year.. D,. Mandatory and Discretionary Placements A student who is assigned'to the JJAEP due to a Mandatory -or Discretionary Expulsion shall be returned to-CSISI) Upon'the. first of ihese.events-to .otmw. va, �(S Pg037 J. The charges are -dismissed 2. The student is acquitted; 1. The stude!dt is discharged from juvenile probation or. from conditions 4, The kudbfit'odrapiptu the term of placeinefit; S. The student -graduates from -high.schcol 6. The studwt'`s. assignment at the' IJAEP reaches one .hjjnOed (190) eProI1Wdclays-; or.nstractiqnaI Ceighty. . y 7. The student sucbessfully ' 9 omplefew the jjAFp Program. .9m. E. Student. Releases: The JJAEP stiff -may IrecomineAd students who demohstiate CxoMPI2rY Performance for early release and a1krua&e1y; may 'recommend expulsion term extensions. fdr sWdentsvhv 'do. not satisfactorily.ordpleto the jjAEp prqgram. The'finAl determination to extend a *dent's expulsion term is -that -of te CWD. A -student's -assignment to the jjAEp shall jermlilate. at the earliest •of 0n0. of e f6IIowihg.datc§: IU Subcessfbi completed ofthe expulsio3i term; 2. Early ielease pursuant'lo the prewding-par4graph, I -One bf-the,seven "Exit reasons" described 'jil Texas jt&inilo Justice Department 349 standards: 4. *C6MPII0q4 00gram / returned to'home-schoolwlifte-on probation; b. -Completed program/ term of probation expired; .0- 'Completed grogram / tdr-*rh of-placemejif ex&.ed; d. OW completion e. Giadiiited f Lef�-prqgram incomplete; 9. Othdr — left prPgraM for nqn-dblinqupjacy ieasofi such as mQved, death, -or meaicA'I-'reason;. or, 4. the studbnVs assignment -to. 'the JJABP rbaclies -arie -hundred eighty (ISO) enrolled instructional -days. F.:Maximum Student Population., The- ma;Oiimum qtUdentpopulatipp shalf.40i exceed thirty (39). itude4ts.. bl. the event the UAEP population txteeds..thitty (90) enrolled, stud'en'ts the VAEP may.;. 1, - Discharge and return discretionary expulsions enrolled at the JMP.*back to CSIM? to reduce tho population; and / b'n 2. Refuse. or deny any new discretidnary*6xpigsjot' ROM CSI -$D; * G. Refe=i4 CSI9D shall to i!16wed no fadria than four. (4) dis-cr-etibilary referray. of -any one'firdib. V. -SPECLALPROGRAMS En&has -a Second-Langoa$b. A. EnAish. as a, Second Language (ESQ. (t) The JIAEP, in. conab6ral-ion with CSISD, Vol, aRS Pa , -38 Vvilf dnsure'tfiat-.a studeatwho, is noiq7j3nguOh,tOeakiqg or who speaks English second Ianguage4s. provide a3 a provided seMces and instruction appropriate. to. address US or her heeds, - as determined by a language . proficiency assessment comfait* .tqd (L -PAC). (2) Ddcumentation -of LPAC deteridinitions will be, maintained for each student. Special Edudation:azid Se4fi6n 504. A. Initial -ARD oe 504 Cdnobitee MeefiM. A CSISD student whq commits anoffe se and identified by CSISD ass g -student with -a' disability, receiving seivices, under 'die Individuals with DisabilitiO. Edueatioil Act (`IDEA') A') or Section 504 of the X-pbabilitation..Act ("Section. 500), may be expelled xpelled from CSISD only in accordance -with applicable state Vnd federal -laws. CSISD shall invite the. JJABp Amit fist mtoes designee' Ick any ARID or -Section. 504 -ppnunittee meeting convened to. disqus8, the implementation of a student's. IEP; BIP, and of Section' 504 Accommodation Pian: while at JJAEP. CSISD must provide -reasonable notice of such MO or -Section S94 committee meeting to the JJAEP-adrdmistrator and to the parent consistent with federal bd-state laW. A copy of the student's qWeiit Individualized Education- Program (IEP), tehavtor IniervenKoj! Plan (BlP),.:and/cr -Section 504..Acconii2oda,tibn, Plah (`S64* Plan!') must be provided to .the JJAEP AWniMratdr with the liotice. If the JJAEP Adminisirator or desigaqe, is unable to attend. th4.Alb or. M.4 committee meefta, -m, p , Me JJAEP e, 1� erson representative 'must be given the opportunity *tq p&hcipate in theme ting through alternative mew. -including conforence telephone calls. The JJAEP representative -may participate -in themieeting.ta,the extent that- -the meetbal; relates to the imp.,j6,qejjtaqo3i of the student's IEP, BIP,:U13d,or ' SO4 Plan in thaZAEP. . B. ,IFP. 131P -and 504 Plan. 'CSISD Students iiqth disilftiesassigned to the JJAEP will be provided educational services determined by., tht- -shdnitis ARD or Section 504 `C e,?Ls a**te(rin the student's on IEP, .BIP,-anqbr-5Q4,P-Ian, Such that the stud t receives a freefreeaad appropriate, public education as defined by - - - and state - - federal at6laws.. The -IEP must, delineate the Pr0jdeted date for the -begitirghg of services, personnel who will p 'db direct and/or * anticipated row /or rela(qd. 4arviceR, the frOquerkcY,:Io-GAen and -duration of services; and/a modifications required -ft the term ofthe studelij?s-tenure it the JJAEP. 1, Responsibility, Ultimately; CSISD is:responsibleforthp, provision of a.Firee and Appyqj?pdte Public Education ("PAPE") to the CSISD students assigned. to the JJAEP. TheJmv ' Onfle. Board it not xespunsible, for the provision of special education services. .a. .All related articulatedservices.articulated in students' IEPS or •504 Plans -must be provided by CSISD. Related setvires m9y1holuile -speech &erapyj occupzttiorial therapy, physic.M tfterqpy, special transportation, n, in- .110melparent,trawflZ and sigtrUnga;tge.interproters. b. --CSISD Oersopndl- a9dign6d to the. JJAEP torprovide-instructional or -related ,-services must undergo a.criminglbpftround check 9&ptescribod b Ch*qpter,2-2. ofthe Teiks Education Code.. Y c. JIAEP'shail:cooperate with CS1SD.inproviding�access to CSISD students to. avoid disruption in services. 4. Vol. a95 pq. d. Ali CSISD instructional or related servioes personizel assigned to the JJAEP shall be under•the supervision of'CSISWR Supeiintendept.or. designee. Atanytime, the JJAEP�Administrator:maycomndunicatewith the CSISD Supefint¢ndent or dognee-regarding personnel. assigned tq JJAEP. CSISD-pemonnel shall Tremain, ip all.respects, employees of of CSISD pnd shall be subject to the -policies, rules;.reguMons, and directives. concerning cbrripensation,apd, benefi%'staff development, teaeher appraisal,.contract•renewal,•nonrettewal, ot'terminstion, and assignment - and reassi�=ent, •asgignment of dutiea,. including'the instnu onal day schedule..In no epeut shall CSISD personnel be.deemed employees.or indeperideaVcoritractots of th& JJAEP.- 2. JAEP: 2. Amendments. The JJA'EHP Administrator of designee, will notify CSISD id writing within two.. (2) school Uminess days, if -the :TJ/1EP is unable to implement the services Asigned to it in the.IEP,..BiP a ld/gr Section SO4 Plaft of•a'CSJ9D student: CSlSD•willeonyene an ARb Committeem*eeting.or 504 Meeting, including the appropriate. JJAEP' personnel,, to reconsider. the placement of the student at ,JJA.EP, .or take appropriate action as n'e'eded fo atrforclihe student NAPE. Any arnendEmnts to -an IEP; BIP:snd/or 504 Plan of a' CSISD student will be a ffeptuaW through. the CSISD ARD Qommigee. or 504 committee, as applicable.. Tile JJAEZ?•.will provide'a ,copy of each.special education -or Sedtiori 504 student's.schedule within S, schooldays of-CSISD's request. C. Suspected bisability. If a:CSISD.student assigned'to the JJAEP is suspected of having a qualifying disability uncles 'the- IDEA, the JJAEp .Administrator Or A,dministratoi's -designee. -will :inform CSISD;' of such suspicion immediately and CSISD's `Child : Find probedure will be initiated to tesolve whether an assessment to deteai ae' eligibility is necessary. SiinilarLy. if a CSISD studeht assigned to the 7J0 is suspected of'having a physical or mental iinpairmeat that'substant0ly .]'units' a major life activity, tib JJEA,P Administrator orAdriiiA frator's de-sih'nee' will inform CSISD of such suspicion immediately. In• either sitpafion, the ,JJAEP •stAiTwill assist with the. completion .of .the necessary referal documents, ds needed. Any CSISD student determined to -qualify for services.. and protection under IDEA ' Qr Seddon '504; shall.'be; afforded all 'lawfully regiured servides. and Protec&ns by CSISD fo:the,extent that the JJAEP cannot pro'yid-a -the,sezyice and -CSM is n4fiecl of the need•to�provide the service. D, Special $ducatiori Elimbility. In, any. instance. where a .CSISD YJAEP student who was. :nor•.eligible for;special education services at the time of the expWsion:aiid/or Who has not previously beenadinitted into a special education pzogfan�, changes xesidence'from the expelling ISD tO.CSISD andnaw qualifies for spacial education service's,, arepre5entative ffom•the, dXpelling ISD vVill be'iavited -to the -initial AILD meeting. When a qudent." ,identifiea as a special: edueatign student and- after -consent is o$tained for that sta4ent. to receive services; the ISIS of the. new residence -will accept full, respansibility for the expelled S`tud'ent, .'claim Average INLy A;tte,4dance.(A,DA),:provide•any special education services articulated in: the MP •and/or BIP that the JJAEP cannot provide, an'd. be :obligated to pay:an cost for -the placement to;the RAEP:. CSISD, retains the authority to honor or terminate the •expulsion and have .the student attend one of the schools withinCSISD., CSISD shall lie responsible for.the,pravision of FAPE: Vol. 22L P9• B. Accountability. AcegimtabiRLY for CSISD gindeift. placed At the JJAEP• shall remain with, CSTS-D. The eligibility folder will simy -wiih COD and a' - * working foldet IM11 be tent to the JJAEP priof to the ifitake, appointment. i-..CS-ISD,a:ftd JJAEP adtniriistrators,and profesm"Onal -6rdployeds. sH4U share stude - nt information and records only to the extent that it.4ppiles to, the pefflormancb & -the terms bf this Agreement and in ct)mpiiance,with-state 4n4f4er4IaW'WXe9Wians- Bach employee of the JJABPshaI'[iiollo all.6f CSISrPs.policies- and praC6dUreg w :relating to -confidentiality of student injk*tibrL ii: To the 'extent that persohally identifiable infbjMktjqjj or -student- records are 'accessed by 'ihe,jJAHP- -ppxsuant -to the.. scope of this a -JJAEP agt* fo keep ,that information confi'den'tial pursuant gree*rnen� n to the Family F durations RightA. and Privacy. Act of 1.974 (-IFERPA!I) and its impIemenI14 federal itgulations fokmd in 34 CFR Part 99, JJAEP agrees to -rqlair from copying,. dis�qssiis eminating, -or -. .s discussing the information or in any way coniprbraising- the confidentiality -of -such personallyidep"able-st qdqnt information F. Noti6eg.- The-h6fices required an ibe.Affible, IV ftmt be provlddd in :the native language of the parent.or mode of communication used by the parent in;-cornplimce With federal law., The .tern' nA&ejan&uager Whey used'with reference to-anln4jVi4ual liiuited English proficiency, means the language' -asecL.-by the individual, of in the , case -of the child, theIahgijhge'n- ObrmitlWuSbd b4'the parent bf the child. VL ADAMSTRATION OF STATE KANDATED ASSESSMENTS All stite-reVired. -'statidatidized tests will be adfilinistered to students mitolW at thb KAE.P. The fdllowmgresponskbilif4es are assigned for administration oflhq tests. A. 'List of Students. JJAEP sEaff will provido PSISD with ji.list of.all students from That District enrolled at thq* SjAEP. at least ton (10) school days prior. to the. date of adinihistration of statezfpqplYed stftnda.rdizd.4 tests atidVill in a timely. -manner-as to any cbapge.s to that list.tkQugb thet..4ate of testing.; B. Answer Sheets. CS-14pis-responsible for securing,, co4ing..an 4-deliveringall-aikswer lhdeN to the JJAEP Administrator or desighW---at least five -(5) school 'ditys bef(im the standardized day of s je -d*.4zd test administration. CPD will also "provide additional answer .dbeunlents to -cover students. that enroll after the Mt of :students -was provided. to 'CSISD. C. kokcations. CSfSD Will assist th ' e JJAEP staff to ensure- implementation of modifications articulated' in the IEPS and/'or -BIPS for. ptandbrdized testing, .as 'appropriate, for #6derkts -Kepelvin sp.e liq education- services; and speakett �df If; . gu -English. thb.� .lan ages. other than lbdificafidbs ekdded What' the JJAEP can reasonably Itnplqmerit, Q§ISD* remains responsible for ensuring -that the studimt. has acoess to the riecdssary, niodiffeationA by whateVek nXedhs ICSISD &ernt most appropriate. D. —Riat9ft Completed AM*dr Sheets. The JJAEP is responsible- f9r making necessary -arrangements to- retriever• all complete'..student .d student answer -sheets attributed to 6 Vol. P9. CSISI)'Sstudents .enrolledatthe JJAEP. This, Should -occut at -least tmi -(10) pch,00.1 days prior to the ,state-inandated ship date. .E: Sthnikk �-AnswkrSheits: CSISD is responsible, for obtaining the stu4qnt answer• sheets- and a14o responsiblefor rvturnffig all answer sheets and test -booklets- to -the ipprd*iatd TEA contracf6d.4eut,- T. t: 'Succcss Initiatives. 'ThOJA-EP will assist*CSISD in meejii g a initiatives mandated by - student sUCPess j state faw. This assistance does.: include the hiring of .additWul-staff. VR 'FUNDING AND -BILLING IAL Mandatory Expulsions. Funding; for expulsions deemed -by CSISD to be. manddtory fot - purp9sps -.bf !rekas-- Educiflon Code, Chapter P --vAIl.be provided by the Texas Juvenile Justico:Departmcht �11IM!'for thosb. students Who meet the ptescLjbtd TJJD eligibility requirements. In addition to the payment received from TpD, -CSI5)j will pay for the attendance of'suchstudents. -af the rate bf $33.71 --per day. 13. Discretionary EkT)ulsions. Yox students who arcDiscretionaxy'gxpulgions pursnant to TEC Sdction 31,007 (b), 1h, P.A.B-P (e)V (d), (f), 6r (i), and Section 37.008 (b) CSISD shall pay the rate -of S-.106..00 per student. -per -day of attendance -at a . This rate may -be moWled'Ky the Aiv6ile: Board-7durin9 th&tefinrofthisMO.U. C. d-ourt-Oxdbred-Plabements. MISD AalI--fbr_wxrdfunds received for these students the T.6xas'.Ed ' Education Agency based OIL CSI$Ws -daily attendance . a rate; ,heirdinafterzeferredto.as "T.ar.gptRevenire7.1,.to;.Brazos CouttyJuvdnile'&vices. D. -V .. ent CSISD -shall -make pajment to - -the. Juvenile Board -f =.' ugh the Brazos Cbunty Auditor, Payment for the full .ainclintIeftu.nder shall be made pAygblq t.o 11razos, Comty withib thirty, (3Qj days affer the invoice 'issued by 'ffie JJAEP Adiministi%t6r. VIII. . TRANSPORTATION Participant ISP. R-Wyonifibftj& Tr"ottatiohbf students W and from the 'HAPSial be the sol e YqqponsibiWpf CSISD: CSISD is responsible for eith6r transporting iiq- siude "nts, or. fijA=jpg -parents of their - responsibility to transport thcir,Ohildren-taandfrom tlfe.JSAEP. CSI$D*,9haUproV`IQ;j,-_ all 'necessary' security .at the !qudera pick up/drop off looatiduc on(s). -Special E ' ' aiian studints for whom special transportation is required by the itudQnts-Individad Education Plan. **(tP),M*Il'radeIVO -tianbpdrfition frc;m-CSISD. IX TRANSITION Appro9ching u. stqdenVs,c_Qxnpjadon of his/her lerm, ht the. JIAEP, hAEP staly'Wilt send .CSISD a ,transition Me that iml.iidd, A. The student's grades -concerted to 'hifinedc scores; when ibatiested by CSfSl?, course completions will -be zevoitqd; " W B. A behaidar. sunnikargy� rWcP..=cqnda4ons, and comments that -suggest pIacernentlqptions:tliat the JJAEFkaff deems• appropriate fdrlhe student ighnidug to htdhek�hqrnevampus; Attena4co jnfbrma$qn;.and, D. fter recommendations and comments. X. PARTIAL INVALIDITY If any ptovision, section, aubse&bn •paragraph,, sentence, clause or phrase of ;* ... . I . I . S M60, or the !pplicatioh -of same to any.person or get of eircumstances, :L4 f0f any -reason held by --a court. of 4etqfttjun84c.qbnIo be invalid, void, orunenforceable=.:theieM2 ftdng provisions shall c 14*1 t�cv mid effect.Antique' TEAM TJ,D&.Agreement,SU.Persede,s-zU.prIsfigll:,be in effect,�s ,or Mouagreezppnts.�etween these parties df August %*201% continuing. through.-aii&.AcItid'ing, JWy 31, 2020. This A -gr eeMent shgH _ renew auton)4cglly each year, -oA August j.,',.bcgin4g :with August -1,"2020, unless noticz.;'of a party's ifttenf not to renew is sent to the other party ph -or -to JiII'V 1P of IIIgt.yW. Thd.jgjjzOj -cqpncy 3uyqnite Board and-College-9fa4o4..Independent 'I'Diskictmay-'modffy-'this Agreement -under torins-as-sp6cifte'd- m avritten addendum to be siped by OU parties: XII. ;INTTGR•Ai'TON This Memorand= of Vndersfanding, topth.er -x6ih the instruments bObt0foro, hicerporattd by reference and the dttachments hor�to, 6ontaips the enure "' �& ? ffre.;agreo,&6ntbdtWeenlh$'P*dpswt -respect tQ*sOjectmaitterhemof 'No-othqr.agre=ent..stafmonter.promisemad*dby. ,or-td.dny.-bmgloycej officef,dfficial, of agent.,ofany pa*, that is t6i c&tafi1&d herdiii shall he ot any force ;-br effect Any modific4tiQns to"iM ten* hereof must be, mwaiting and .sig;lecrby.,t4pparties. AGREED. AND M-t.UM-this the 2&day of o 241p. Namp:.. hoge Duane Peters, Tit1b: Chaft-iban k-rjMBED ANL!E.MCUM �his4the day of..,. Ito I - ,OollWStation IndePcq'de'-.at choLelDistrict Vol. Name: Dr. CLark. Ealy Title.: Supe.rihtendent ONAILLY EXECUTED IN DUPLICATE, 5 0 c EACH CH-SHAgL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL 7 laraz aunty rt BX: pui�ie.Pcters, CcimtyJuqge, 200 S. Texps,A-ve,, Ste.. 332 Brywj TX" 17803 Thone, 97N561 -4r027 FA: 979-361-4503 �►. aas Pfl.� 2019-2020 MEMORANDUM OF UNDERSTANDING BETWEEN BRAZOS COUNTY JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM/ACADEMY AND NAVASOTA INDEPENDENT SCHOOL DISTRICT L PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Brazos County Juvenile Board (Juvenile Board), a political subdivision of the State of Texas, and Navasota Independent School District ("NISD") whose students are subject to placement in the Brazos County Juvenile Services Academy / Juvenile Justice Alternative Education Program (the Program of JJAEP). It establishes roles and responsibilities relating to the Brazos County Juvenile Justice Alternative Education Program and Navasota Independent School District. This Memorandum of Understanding is an inter -local agreement entered into pursuant to Texas Education Code, Chapter 37 and Texas Government Code Chapter 791. II. PROGRAM GOALS The major goals for the Program in providing services for the students are: (1) to provide a continuum of educational services; (2) to establish consistency, predictability, and appropriateness of student placement following expulsion from their regular school program; (3) to return the expelled student to a regular school setting as soon as appropriate; (4) to impress upon the expelled student that there are progressive sanctions for engaging in criminal and delinquent behavior in the public school setting; (5) to provide educational and placement options for the Brazos County juvenile courts; and (6) to enable the expelled student to perform academically at their appropriate grade level. IR STUDENT ELIGIBILTY Students will be assigned to the Brazos County Juvenile Services Academy/Juvenile Justice Alternative Education Program (JJAEP) only as set forth by the provision of this MOU. A. Discretionary Expulsions Students may be assigned to -the JJAEP .when they have been expelled from NISD for committing on of the offenses listed in the "Attachment A" deemed to be a discretionary expulsion by the Texas Education Code ("TEC"), as listed under TEC Section 37.007 (b), (c), (d), (f), or (i), and Section 37.0081(b) (Discretionary Expulsion). B. Mandatory Expulsion Students shall be assigned to the JJAEP when they have received a mandatory expulsion from NISD for committing one of the delinquent or criminal offenses deemed to require a mandatory expulsion under TEC Section 37.007 (a), (d), and E (Mandatory Expulsion). C. Notification Procedures NISD shall notify the appropriate local law enforcement agency and/or the juvenile and juvenile department in writing as soon as practicable upon NISD's identification of a student who it reasonably believes has va. engaged in delinquent or criminal conduct for which the student will be subject to mandatory or discretionary expulsion. Such notice shall be given in addition to any notice required under Texas Family See. 52.041. D. Court -Ordered Placements. Students may be placed in the JJAEP by a Brazos County Juvenile Court when they have been adjudicated or placed on conditions of release for delinquent conduct. NISD is responsible for providing special education services for NISD students, as articulated in the students' ISPs and/or BIPs when such services are not provided by the JJAEP. E. Registered Sex Offenders. Students who are publicly registered sex offenders and residents of Brazos County many be placed by NISD in the JJAEP as provided in Subchapter I of Chapter 37 of the TEC and in accordance with the conditions set out in Section M.B.5 of this MOU. Only students who are Brazos County residents may be placed in the JJAEP under this provision. F. Adult Students. A student who is 17 years or older (Adult Student) is not eligible for juvenile probation services unless the student was on juvenile probation at the time of enrollment. In the event an Adult Student does not meet the JJAEP Program behavior expectations as determined by the JJAEP Administrator, the student shall be returned to NISD for disposition. The JJAEP shall not accept nor keep enrolled any student who is 18 years of age or older. G. Mandatory and Discretionary Placements. Students expelled into the JJAEP shall only be accepted or remain in the JJAEP if ordered as a condition of court ordered juvenile probation or on a condition of release for "Delinquent Conduct" (as defined by Texas Family Code Chapter 51) by a Brazos County juvenile judge or Brazos County juvenile referee. Eligibility of any other student expelled from NISD on a discretionary basis will be determined by the JJAEP and NISD on a case-by-case basis following NISD hearing on recommended expulsion. The JJAEP will be notified of such hearings and permitted to attend. IV. STUDENT PLACEMENT Term of Assignment to the JJAEP A... _ Term of Assignment. The discretionary expulsion or placement. order by NISD. shall specify the number of days or term of the expulsion or placement. For the purpose of this Article, one hundred eighty (184) enrolled instructional days is a year (Year). Minimum placement will be no less than, thirty (30) instructional days but not to exceed one year unless otherwise required by law. Students being discharged from the JJAEP shall be released at the end of a grading period back to NISD. B. Notification. The JJAEP shall provide a basic schedule of instruction to the home i district of each student within five business days of enrollment. C. MandatoM Expulsions. A student's original term of expulsion for a mandatory offense may not exceed one (1) calendar year. A student's total assignment to the JJAEP for the Mandatory Expulsion may not exceed one (1) year. An exception Page 2 of 9 Vol. ,a9 pg,2-q-(e- may be granted for the expulsion of a student who brings a firearm to school. A student expelled from the student's regular campus for a period of one (1) calendar year in accordance with federal law may be assigned to the JJAEP for one (1) calendar year. D. Mandatory and Discretionary Placements A student who is assigned to the JJAEP due to a Mandatory or Discretionary Expulsion shall be returned to NISD upon the first of these events to occur: 1. The charges are dismissed 2. The student is acquitted; 3. The student is discharged from juvenile probation or from conditions of release; 4. The student completes the term of placement; 5. The student graduates from high school 6. The student's assignment at the JJAEP reaches one hundred eighty (180) enrolled instructional days; or, 7. The student successfully completes the JJAEP Program. E. Student Releases. The JJAEP staff may recommend students who demonstrate exemplary performance for early release and alternatively, may recommend expulsion term extensions for students who do not satisfactorily complete the JJAEP program, The final determination to extend a student's expulsion term is that of the NISD. A student's assignment to the JJAEP shall terminate at the earliest of one of the following dates: 1. Successful completed of the expulsion term; 2. Early release pursuant to the preceding paragraph; 3. One of the seven `Exit Reasons" described in Texas Juvenile Justice Department 348 standards: a. Completed program / returned to home school while on probation; b. Completed program / term of probation expired; C. Completed program / term of placement expired; d. GED completion f. Left program incomplete; g. Other — left program for non -delinquency reason such as moved, death, or medical reason; or, 4• The student's assignment to the JJAEP reaches one hundred eighty (180) enrolled instructional days. F. Maximum Student Population The maximum student population shall not exceed thirty (30) students. ETI event the JJAEP population exceeds thirty (30) enrolled students the JJAEP may; L Discharge and return discretionary expulsions enrolled at the JJAEP back to NISD to reduce the population; and / or, Page 3 of 9 vol 95 pg. 2. Refuse or deny any new discretionary expulsions from NISD. G. Referrals. NISD shall be allowed no more than one (1) discretionary referral at any one time. H. If any non -Brazos County NISD students are permitted to attend the Brazos County JJAEP, NISD agrees to pay the daily rate per student and understands that NISD and/or the youth's parent, guardian, or custodian are solely responsible for providing the necessary, daily transportation to and from the Brazos County JJAEP. V. SPECIAL PROGRAMS Special Education and 504. A. Initial ARD or 504 Committee. A NISD student who commits an offense and has been identified by NISD as having a disability may be expelled from NISD only after a duly constituted Admission, Review and Dismissal ("ARD') Committee determines that the alleged offense is not a manifestation of the student's disability in accordance with applicable state and federal laws. NISD shall invite the JJAEP Administrator or the administrator's designee to an ARD committee meeting convened to discuss a NISD student's expulsion. NISD must provide reasonable notice of the ARD committee meeting to the JJAEP administrator and to the parent consistent with federal and state law. A copy of the student's current individualized education program (IEP) and Behavior Intervention Plan (BIP) must be provided to the JJAEP Administrator with the notice. If the JJAEP Administrator or designee is unable to attend the ARD committee meeting, the JJAEP representative must be given the opportunity to participate in the meeting through alternative means including conference telephone calls. The JJAEP representative may participate in the meeting to the extent that the meeting relates to the student's placement in the JJAEP and implementation of the IEP or BIP in the JJAEP. Any NISD student who has been identified as a 504 eligible student may be expelled only after a 504 committee determines whether the student's disability as it relates to the alleged misbehavior should result in the student's expulsion. B.: :Section-504-E11gible Studentsw,(1),The JJAEP;,willensure, in:collaboration'with BISD, that a' student who is eligible far ' services under' Section 504 of the Rehabilitation :Act: of:1973 is provided services` and instruction appropriate to address .his or "het needs, ; as ; determined by a Section .::504 committee. (2) Documentation:of Section 504"elig1bilitydetorminations will be maintained for each'student. ' C. Xiaih-as a Second Laneuaae (FSLI: (1) The`JJAEP, in collaboration with BISD,': Will ensure that a student who is non-English speaking or who :`.speaks English as a - second language is `provided ESL services'cnd :instruction appropriate to' address .his *8i her needs, as. determined by a language;,proficiency assessment comisittee,-: Documentation of.LPAC determinations will be;maintained for each. student. Page 4 of 9 D. IEP and BIP. NISD Students with disabilities assigned to the JJAEP will be provided educational services determined by the ARD Committee, and articulated in the IEP and / or BIP, such that the student receives a free and appropriate public education as defined by federal and state laws, and as further provided herein. The IEP and / or BIP must delineate the projected date for the beginning of services, personnel who will provide direct and/or related services, the anticipated frequency, location and duration of services, and modifications for the term of the student's tenure at the JJAEP. 1. ResponsibiL'_ . Ultimately, NISD is responsible to ensure that appropriate Programs and services, as articulated in a NISD student's IEP and/or BIP, are provided at the JJAEP continuously and without disruption. The Juvenile Board is not responsible for the provision of special education services,' -:.504 services' oe LPAC%ESL'-:services. All related services articulated in students' ISPs must be provided by NISD. Related services include speech therapy, occupational therapy, physical therapy, special transportation, in-home/parent training, and sign language interpreters. 2. Amendments. The JJAEP Administrator or designee will notify NISD if the JJAEP is unable to implement the services assigned to it in the IEP and/or BIP of a MSD student. NISD will convene an ARD Committee meeting, including the appropriate JJAEP personnel, to reconsider the Placement of the student JJAEP, or amend the plans as deemed necessary. Any amendments to an IEP and/or BIP of a NISD student will be effectuated through the NISD ARD Committee. The JJAEP will provide a copy of each special education student's schedule within 5 school days of NISD's request. C. Suspected Disability If a MSD student assigned to the JJAEP is suspected of having a disability under the Individuals with Disabilities Education and Improvement Act (IDEIA) criteria, NISD's Child Find procedure will be initiated to resolve whether an assessment to determine eligibility is necessary. The JJAEP staff will assist with the completion of the necessary referral documents. Any NISD student determined to qualify for services and protection under IDEA or Section 504, shall be afforded all lawfully required services and protections by NISD to the extent that the JJAEP cannot provide the service and NISD is notified of the need to provide the.service. D. Change of Residence Students receiving special education services prior to their expulsion and who change residence to another ISD served by the JJAEP shall continue to be the responsibility of the expelling ISD for the duration of their expulsion. E. Special Education Eligibility, In any instance where a NISD JJAEP student who was not eligible for special education services at the time of the expulsion and/or who has not previously been admitted into a special education program, changes residence from the expelling ISD to NISD and now qualifies for special education services, an ARD Committee meeting will be convened with representatives from the expelling ISD, NISD, and JJAEP personnel. When a student is identified as a special education student and after Page 5 of 9 V , �G5 Pg. � 4 1 consent is obtained for that student to receive services, the ISD of the new residence will accept full responsibility for the expelled student, claim Average Daily Attendance (ADA), provide any special education services articulated in the IEP and/or BIP that the JJAEP cannot provide, and be obligated to pay an cost for the placement to the JJAEP. NISD retains the authority to honor or terminate the expulsion and have the student attend one of the schools within NISD. NISD shall be responsible for the provision of special education services as deemed necessary by the respective evaluation team. F. Accourtabilit . Accountability for NISD students placed at the JJAEP shall remain with NISD. The eligibility folder will stay with NISD and a worldng folder will be sent to the JJAEP prior to the intake appointment. G. Addressing Concerns. After placement of a NISD student in the JJAEP, if the JJAEP has concerns that the student's education or behavioral needs cannot be met in the JJAEP program, the JJAEP shall provide written notice of the specific concerns to NISD. NISD will conduct an ARD Committee meeting to reconsider the placement of the student into the JJAEP and to avoid disruption of services and/or an improper placement. NISD is responsible for providing notice to the JJAEP and to the parent of the ARD Committee meeting in compliance with federal and state law and advising them of the specified time and location of the ARD Committee meeting. IF the JJAEP Administrator or designee is unable to attend the ARD Committee meeting, the JJAEP representative must be given the opportunity to participate in the meeting through alternative means including conference telephone calls. H. Notices. The notices required in the Article IV must be provided in the native language of the parent or mode of communication used by the parent, in compliance with federal law. The term "native language" when used with reference to an individual of limited English proficiency, means the language used by the individual, or in the case of the child, the language normally used by the parent of the child. V. ADMINISTRATION OF STATE -MANDATED ASSESSMENTS All state -required standardized tests will be administered to students enrolled at the JJAEP. The following responsibilities are assigned for administration of.tbe.tests: A. List of Students. JJAEP staff will provide NISD with a list of all students from that District enrolled at the JJAEP at least ten (10) school days prior to the date of administration of state -required standardized tests and will update NISD in a timely manner as to any changes to that list through the date of testing. B. Answer Sheets. NISD is responsible for securing, coding and delivering all answer sheets to the JJAEP Administrator or designee at least five (5) school days before the day of standardized test administration. NISD will also provide additional answer documents to cover students that enroll after the list of students was provided to NISD. C. Modifications. NISD will assist the JJAEP staff to ensure implementation of modifications articulated in the IEPS and/or BIPs for standardized testing, as Page 6 of 9 WAR •♦..Of appropriate, for students receiving special education services; and speakers of languages other than English. If the modifications exceed what the JJAEP can reasonably implement, MSD remains responsible for ensuring that the student has access to the necessary modifications by whatever means NISD deems most appropriate. D. Retrieving Completed Answer Sheets. The JJAEP is responsible for making necessary arrangements to retrieve all completed student answer sheets attributed to NISD's students enrolled at the JJAEP. This should occur at Ieast ten (10) schooldays prior to the state -mandated ship date. E. Submitting Answer Sheets. NISD is responsible for obtaining the student answer sheets, and is also responsible for returning all answer sheets and test booklets to the appropriate TEA contracted agent. F. Student Success Initiatives The JJAEP will assist NISD in meeting student success initiatives mandated by state law. This assistance does not include the hiring of additional staff. VI. FUNDING AND BILLING A. Mandatory Expulsions. Funding for expulsions deemed by NISD to be mandatory for purposes of Texas Education Code Chapter 37 will be provided by the Texas Juvenile Justice Department ("TJJD') for those students who meet the prescribed TJJD eligibility requirements. In, addition to the payment received from TJJD, NISD will pay for the attendance of such students at the rate of $27.64 per day. B. Discretionary Expulsions. For students who are Discretionary Expulsions pursuant to TEC Section 37.007 (b), (c), (d), (f), or (i), and Section 37.008 (b) NISD shall pay the rate of $106.00 per student per day of attendance at the JJAEP. This rate may be modified by the Juvenile Board during the tens of this MOU. C. Court Ordered Placements. NISD shall forward funds received for these students from the Texas Education Agency based on NISD's daily attendance rate, hereinafter referred to as' Target Revenue-, to Brazos County Juvenile Services. D. Payment NISD shall make payment to the Juvenile Board through the Brazos County Auditor. Payment for the full amount hereunder shall be made payable to Brazos County within thirty (30) days after the invoice issued by the JJAEP Administrator. VII. TRANSPORTATION Participant TSD Responsibility. Transportation of students to and -from the JJAEP shall be the sole responsibility of NISD. NISD is responsible for either transporting the students or informing parents of their responsibility to transport their children to and from the JJAEP. NISD shall provide all necessary security at the student pick up/drop off location(s). Special Education students for whom special transportation is required by the students Individual Education Plan Page 7 of 9 Vol.��• "� (lEP) will receive transportation from NISD. VIII. TRANSITION Approaching a student's completion of his/her term at the JJAEP, AAEP staff will send NISD a transition file that includes: A. The student's grades converted to numeric scores; when requested by NISD, course completions will be reported; B. A behavior summary, recommendations, and comments that suggest placement options that the JJAEP staff deems appropriate for the student returning to his/her home campus; C. Attendance information; and, D. Other recommendations and comments. EL PARTIAL INVALIDITY If any provision, section, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. X. TERM This Agreement supersedes all prior MOU agreements between these parties and shall be in effect as of September 1, 2019, continuing through, and including, July 31, 2020. This Agreement shall renew automatically each year on August 111, beginning with August 1, 2020, unless notice of a party's intent not to renew is sent to the other party prior to July 151h of that year. The Brazos County Juvenile Board and Navasota Independent School District may modify this Agreement under terms as specified in a written addendum to be signed by all parties. X1. INTEGRATION This Memorandum of Understanding, together with the instruments. heretofore incorporated by reference and the attachments hereto, contains the entire agreement between the parties with respect to the subject matter hereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agent of any party, that is not contained herein shall be of any force or effect. Any modifications to the terms hereof must be in writing and signed by the parties. AGREED AND EXECUTED this the)K day of ^� Y -e .2018. Brazos County Juvenile Board Page 8 of 9 Name: Judge Duane Peters Title: Chairman AGREED AND EXECUTED this the ZO day o f Q Navasota Independent School District By: S Name: Dr. Stu Musick Title: Superintendent ON L l 20 l FULLY EXECUTED IN ICA CH O CH SHALL ORIGINAL. HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Br ounty Co ers Court By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-3614102 Fax: 979-361-4503 6 l Date Page 9 of 9 Vol. Pg. 53 By Name: Judge Duane Peters Title: Chairman AGREED AND EXECUTED this the ZO day o f Q Navasota Independent School District By: S Name: Dr. Stu Musick Title: Superintendent ON L l 20 l FULLY EXECUTED IN ICA CH O CH SHALL ORIGINAL. HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Br ounty Co ers Court By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-3614102 Fax: 979-361-4503 6 l Date Page 9 of 9 Vol. Pg. 53 Brazos County Juvenile Justice Center Detention Services Agreement CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM July I, 2019—June 30, 2020 DETENTION OF TUVENME OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services Tu1y 1, 2019 - June 30, 2020 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Orange County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation') and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile justice Center (hereinafter "the Facility") by the Brazos County juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Orange County, in order to'carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing July 1, 2019 through June 30, 2020. It shall be automatically renewed for one (1) -year terms thereafter, commencing July 1st and ending June 30th of ''each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration'of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis_ intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of juvenile Probation and agrees to indemnify and hold harmless Vol. Brazos County Juvenile Justice Center Detention Services Agreement July I, 2019— June 30, 2020 Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (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 Orange County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to juvenile Probation and juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. If a child is classified as being a High Risk Suicide and thus, per state standards, is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision. This rate includes any partial day(s). Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin, G: It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2014- June 30, 2020 received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of Orange County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Orange County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services.. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by the Department. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County $100/ day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial Vol. P9a S(p Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019- June 30, 2020 compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. If payments are not received timely, acceptmtce of youth will be denied until fill prtt,/ment is received. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDTTIONAL.TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/ authorization from the Juvenile Court of Orange County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary - 4 Vol. Qq� P9_ �S7 Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019— June 30, 2020 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). in addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (409) 882-7844 and Service Provider shall contact Juvenile Probation by telephone at (409) 882-7885 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019— June 30, 2020 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement, 2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512424-6716 or by email at abuseneglect@tjjd.texas.gov and 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (409) 885-7844. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, includingits premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. Vd, «� pg• Brazos County Juvenile Justice Center Detention Services Agreement ARTICLE ]X July 1, 2019— June 30, 2020 CRDAINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; Internet based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service, minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the Iaws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state,. another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole, or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 fin addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. 7 Vol. fig. ��O Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019— June 30, 2020 ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator, E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not as or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. Vol. aas pp, ao Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019— Jane 30, 2020 ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE = 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 TERMIIVATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII. REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; 9 Vol.. — Py. ata Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019—June 30, 2020 A. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; B. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the Iaws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 -Incase any one or more of the provisions contained in this Agreementshall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Orange County having juvenile jurisdiction 10 Vol. S pg.alp-3j Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019— June 30, 2020 ARTICLE XXII PRISON RAPE ELRvDNATION 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 hereat and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 301h [PREA §115.387(e) and (f)] Orange County Probation Department Craig Corder Chief Juvenile Probation Officer Orange County Brazos County Juvenile Justice Center Linda Ricketson Executive Director Authorized Official DuanPeters Chairman, Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT ON `1 1 V WH=.d By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-3614503 . 20 FULLY EXECUTED IN DUPLICATE, EACH OF FORCE AND EFFECT OF AN ORIGINAL. Vol.�qS P9. a&(4 Orms County Juvenile Justice Center Detention Services Agreement CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM July 1, 7019—June 30, 2020 DETENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services Luly 1, 2019 — Tune 30, 2020 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Limestone/Freestone County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter "the Facility") by the Brazos County juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas LimestonejFreestone County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title M of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing July 1, 2019 through June 30, 2020. It shall be automatically renewed for one (1) year terms thereafter, commencing July 191 and ending June 301h of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement ARTICLE III PROVISIONS OF SERVICES 3.01 - A. Service Provider will provide. room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Brazos County,luvenile Justice Center Detention Services Agmentent July 1, 2019— June 30, 2020 Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (GINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Limestone/Freestone County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the juvenile justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the juvenile justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), juvenile Justice Delinquency Prevention Act, No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify juvenile Probation of this determination The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to juvenile Probation and juvenile Probation will be charged the cost of staff, time and fuel for the transportation The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. If a child is classified as -being a High Risk Suicide and thus, per state standards, is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision This rate includes any partial day(s). Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriffs Department F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is 2 ------------ I .......... MEMMEMEM-M7 Brazos County Juvenile Justice Center Detention Serview Agreement July 1, 2019—June 30, 2020 received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period I -L 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 Limestone/Freestone County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Limestone/Freestone County shall control the conditions and germs of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay ServiceProvider the sum of $100.00 per day; the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but •not -limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by the Department. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the juvenile Probation Department and shall be paid for by the Department. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County $100/day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.04 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis. Said .. invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial Yd,� P�._ CQ7 Brazos County Juvenile Justice Center Detention Services Agreement July 1, 2019—June 30, 2020 compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. If payments are not received timely, acceptance of youth will be denied until full payment is received. ' 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09. Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 . Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the juvenile Court of Limestor gfteestone County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 4 gid. a� Ps �� Brews Connty Juvenge Justice Center Detention Services Agreement July 1.20191une 30, 2020 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (77) years after the termination of this Agreement 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALTTY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner. A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: . 1. Local law enforcement agency; and r Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (254) 729-2348 and -Service Provider shall contact Juvenile Probation by telephone at (254) 729-3569 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: Vol., _q Pg. ID69— Brazos County Juvenile Justice Center Detention Services Agreement July 1.2019—June 30, 2020 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, Texas Juvenile Justice Department shall be notified immediately, but no Iater than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll-free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abuseneglect©tjjd.texas. ogv and S. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (254) 724-2348. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code, and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential picogram that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department V01.215- P9. a'Zo drams County Juvenile Justice Center Detention Services Agreement July 1, 2019 -June 30, 2020 ARTICLE DC CRIlV MAL HISTORY SEARCIdFS 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following. A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety, B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime information Center; internet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later; duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following- A. ollowing A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. _ A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole, or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. Brazos County Juvenile Justice Center Detention Services Agreement July I, 2019—June 30, 2020 9.07 Juvenile Probation reserves the right, m its sole discretion, to prolubit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern,, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include. (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, Intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 1201 Service Provider may not assign or subcontract any of its rights, dudes and /or obligations arising out of this Agreement without the written consent of Juvenile Probation Vol. aG 5 Pa �. 1 Brazes County Juvenile Justice Center Detention Services Agreement July 1, 2014—June 30, 2020 ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or Iocalities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole• discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAVER 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: 4 Vol.a� pg. a73 Brazos County JuvenOe Justice Center Detention Services Agreement A. That it has all necessary right, title, license and authority to enter into this Agreement; July 1, 2019—lune 30, 2020 A. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for, that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; B. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to juvenile Probation Furthermore juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly famish updated certificates of insurance to juvenile Probation C_ That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile justice Department administrative Hiles regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein ARTICLE MI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by juvenile Probation for the children placed in the Facility by the Judge of Limestone/Freestone County having juvenile jurisdiction 10 Vol. a9S Pg.c---;�74 Brazos Couaty Juvenge Justice Center Detention Services Agreement July 1.2019—June 30, 2020 ARTICLE)OM PRISON RAPE ELIMINATION ACP 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA 9115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the allegation, and all such data may be requested by the Department of Justice from the previous calendar year no Iater thanjure 30th [PREA §115.367(e) and (f)] Limestone/Freestone County Brazos County Juvenile Justice Center Probatio epartment Brian SWlck Linda Ricketson Chief Juvenile Probation Officer Executive Director Authorized Official V Duane Peters Chairman, Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT ON t�j 1 20 / / , FULLY EXECUTED IN DUPLICATE, EACH OF HAVE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 va. a4S Po.��. SUNGARD PENTAMATION TOTAL'_JOURNAL ENTRY DATE: 07/02/2019 O 07*09*CC " BRAZOS COUNTY, TX B HAGEN 6.10.13.19 TIME: 14:56:36 372209 0100 '..010Q BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER '.J'E NUMBER DESCRIPTION PERIOD/YR STATUS 28000100 RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 07*09*CC 060096 A LUNA 6.3.6.19 9/19 COMPLETE 372206 0100 !0100 20287900 A LUNA 6.3.6.19 372207 0100. '.22500100 61801000 A LUNA 6.3.6.19 372208 0100 22500100 61110000 A LUNA 6.3.6.19 COMPLETE B HAGEN 6.10.13.19 B HAGEN 6.10.13.19 COMPLETE C OLDHAM 6.17.19.19 C OLDHAM 6.17.19.19 COMPLETE INCEN REWD JUDGE & C EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD JUDGE & C COMPLETE INCEN REWD-SWEMA MET EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD-SWEMA MET COMPLETE INCEN REWD TJBBA EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD TJBBA COMPLETE INCEN REWD TJSSA EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD TJSSA COMPLETE H CARTER 6.17.19.19 H CARTER 6.17.19.19 COMPLETE J BRANDHUBER 6.18.20 J BRANDHUBER 6.18.20 COMPLETE J BRICK 6.12.14.19 J BRICK 6.12.14.19 DEBIT AMOUNT 569.18 255.00 824.18 408.00 408.00 108.00 108.00 8,000.00 8,000.00 16,000.00 10,000.00 10,000.00 20,000.00 500.00 500.00 1,000.00 5,000.00 5,000.00 10,000.00 82.00 82.00 569.68 569.68 569.68 PAGE NUMBER: 1 BJOURN11 CREDIT AMOUNT 824.18 824.18 408.00 408.00 108.00 108.00 8,000.00 8,000.00 16,000.00 10,000.00 10,000.00 20,000.00 500.00 500.00 1,000.00 5,000.00 5,000.00 10,000.00 82.00 82.00 569.68 569.68 569.68 TOTAL'_JOURNAL ENTRY O 07*09*CC " '660097 B HAGEN 6.10.13.19 9/19 372209 0100 '..010Q 20121230 372210 0100 28000100 61801000 TOTAL -JOURNAL ENTRY 07*09*CC 060098 C OLDHAM 6.17.19.19 9/19 .372211 0100 0100 20359500 372212 0100 28000100 61801000 TOTAL JOURNAL ENTRY 07*09*CC 060099 EXPO INCENTIVE REWAR 9/19 372213 1100 11002500 71530000 372214 1100 1100 11005200 372215 0100 0100 11005200 372216 0100 0100 41011000 TOTAL JOURNAL ENTRY 07x09*CC 060100 EXPO INCENTIVE REWAR 9/19 372217 1100 11002500 71530000 372218 1100 1100 11005200 372219 0100 0100 11005200 372220 0100 0100 41011000 TOTAL JOURNAL ENTRY 07*09*CC 060101 EXPO INCENTIVE REWAR 9/19 372221 1100 11002500 71530000 372222 1100 1100 11005200 372223 0100 0100 11005200 372224 0100 0100 41011000 TOTAL JOURNAL ENTRY 07*09*CC 060102 EXPO INCENTIVE REWAR 9/19 372225 1100 11002500 71530000 372226 1100 1100 11005200 372227 0100 0100 11005200 372228 0100 0100 41011000 TOTAL JOURNAL ENTRY 07*09*CC 060103 H CARTER 6.17.19.19 9/19 372229 0100 0100 20349200 372230 0100 30401100 61801000 TOTAL JOURNAL ENTRY 07*09*CC 060104 J BRANDHUBER 6.18.20 9/19 372231 0100 0100 20125150 - 372232 0100 28000100 61801000 TOTAL JOURNAL ENTRY 07*09*CC 060105 J BRICK 6.12.14.19 9/19 372233 0100 0100 20459200 372234 0100 19000100 61801000 COMPLETE B HAGEN 6.10.13.19 B HAGEN 6.10.13.19 COMPLETE C OLDHAM 6.17.19.19 C OLDHAM 6.17.19.19 COMPLETE INCEN REWD JUDGE & C EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD JUDGE & C COMPLETE INCEN REWD-SWEMA MET EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD-SWEMA MET COMPLETE INCEN REWD TJBBA EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD TJBBA COMPLETE INCEN REWD TJSSA EXPO INCENTIVE REWAR EXPO INCENTIVE REWAR INCEN REWD TJSSA COMPLETE H CARTER 6.17.19.19 H CARTER 6.17.19.19 COMPLETE J BRANDHUBER 6.18.20 J BRANDHUBER 6.18.20 COMPLETE J BRICK 6.12.14.19 J BRICK 6.12.14.19 DEBIT AMOUNT 569.18 255.00 824.18 408.00 408.00 108.00 108.00 8,000.00 8,000.00 16,000.00 10,000.00 10,000.00 20,000.00 500.00 500.00 1,000.00 5,000.00 5,000.00 10,000.00 82.00 82.00 569.68 569.68 569.68 PAGE NUMBER: 1 BJOURN11 CREDIT AMOUNT 824.18 824.18 408.00 408.00 108.00 108.00 8,000.00 8,000.00 16,000.00 10,000.00 10,000.00 20,000.00 500.00 500.00 1,000.00 5,000.00 5,000.00 10,000.00 82.00 82.00 569.68 569.68 569.68 O SUNGARD PENTAMATION DATE: 07/02/2019 BRAZOS COUNTY, TX TIME: 14:56:36 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION TOTAL JOURNAL ENTRY 07*09*CC 060106 J OSTIGUIN 6.10,13.1 9/19 372235 0100 0100 20365900 372236 0100 28000100 61801000 TOTAL JOURNAL ENTRY 07*09*CC 060107 T MCKEY 6.19.21.19 9/19 372237 0100 0100 20376000 372238 0100 31000300 61801000 LCOMM190 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT COMPLETE J OSTIGUIN 6.10.13.1 J OSTIGUIN 6.10.13.1 COMPLETE T MCKEY 6.19.21.19 61801000 T MCKEY 6.19.21.19 PAGE NUMBER: BJOURN11 DEBIT AMOUNT CREDIT AMOUNT 569.68 569.68 126.00 126.00 126.00 126.00 531.64 531.64 531.64 531.64 50,219.18 50,219.18 50,219.18 50,219.18 2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 40.1— 40.3 On this the 9th day of July 2019 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 9th day of July 2019 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 9th day of July 2019. THE CO1VZ,,HSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Duane Peters, County udge Original: County Clerk's Office and Attached to the original budget Vol. aa5 P9.0-78 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 40.1 7rannln FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease JP Technology Fund JP Tech Funds Pct, #4 Repairs and Maint 703.56 JP Technology Fund JP Tech Funds Pct. #4 Departmental Support 703.56 Justice of the Pence Technology Fund Reallocation of funds to the appropriate de artmenfs account to purchase an additional (eie hone S 115 for intern workstation and to cover additional office items that have been purchased. 'bun tyJudgeApprovat�e Faeaconnfin ' Par'.oses.Ont FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 2400 24005400 65150000 CR Computer lfalnt. 70356 2400 24005400 60500000 DR Equipment & IT Enhancement 703.56 vol. P92 % BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119.40.2 7/9/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Coun Comingency Departmental Suppon 1,500.00 General Fund Commissioners'Court Boonville Cemetery Repairs & Nfaint. 1,500.00 Commissioners' Court and Boonville Cemetery Reallocation of funds to Lhe appropriate de anmerifs account to remove a tree due to it being a hazard. Vol. -Zq,5- I pg.,Q 80 in,� . 3"- ,, ,? t FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease OI00 11001500 61130000 CR Contingency 1,500.00 0100 11001000 65400000 DR Grounds plaint 1,500.00 Vol. -Zq,5- I pg.,Q 80 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 40.3 watgnia FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Associate Judge #I Repairs & Maim 250.00 General Fund Associate Judge #1 Departmental Support 250.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 65320000 CR Equipment - Main 250.00 0100 22600100 60170000 DR Copier/Printer/Fax Supplies 250.00 Associate .Judge #1 Reallocation of funds to the appropriate de artrnenfs account to cover supplies for remainder of FY 19. _.. 3 z Coun Judge APP[cvel.._t'.crDate : �r sew .....:.:.,.e�s,O ars�ecoantiti "R .� 5, X99`._ }'Y s[!' h+yF,•,,'�,y:Y l �, _.� ,. -rs 13Yi1,' ':?'K.?5t•'f.�..sA�bY�t 5'46?h `.`Lr.�.'3 ;,5:b"�a� FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 65320000 CR Equipment - Main 250.00 0100 22600100 60170000 DR Copier/Printer/Fax Supplies 250.00 Vol. a� Pg.� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 09, 2019 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 County Judge Quigg, Aaron Employment Risk Management Sauseda, Monica Separation Human Resources Herrera, Raeanna Change of Status Presley, Kimberly Separation Sheriff's Administration Alford, Christian Change of Status Garvin, Tatum Change of Status Sheriff's Office — Jail Division Chacon, Storm! Separation Currie, Joshua Separation Sheriffs Office — Medical Division Shalow, Deidre Employment Juvenile Services — Detention Guevara, Gabrielle Change of Status Morgan, Linda Change of Status Valtierra-Fernandez, Damaris Separation Brazos Center Pollock, Zachary Separation Ag Extension Anthony, Charla Separation Approved in Commissioners' Court.Jul 09 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL. Z9 P9- c> 1