HomeMy WebLinkAbout2020-02-11 10:00AM REGULAR MEETINGBRAZOS COUNTY
B RYAN, T EXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
1020 FEB -1 A 11: 51
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THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON FEBRUARY 11, 2020 AT 10:00 AM IN
THE COMMISSIONERS COURTROOM OF THE COUNTY
ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106,
BRYAN, TX 77803
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Berry
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-24:
3. Approval from the District Attorney's Office for the FY 2021 Grant Resolutions 20-005
and 20-006 as outlined:
• a. Resolutions 20-005 application submission for the Crimes Against Women
Unit to the office of the Governor, Criminal Justice Division.
• b. Resolution 20-006 application submission for the Victim Services Project to the
Office of the Governor, Criminal Justice Division.
4. Request from Records Management for an exception to the travel policy regarding the
maximum hotel rate of $163.00 in Austin, TX on March 19, 2020. Desmond Harris will
attend workshops on Introduction to Records Management and Managing Electronic
Records for Local Governments. There is no host hotel. The rate per night is $259.00
plus tax on reservations made at a different hotel near the workshop site.
5. Non -Profit Organization Application from Phoebe's Home for the Annual Charity Gumbo
Cook -Off at Wixon Valley City Hall for Brazos County Sheriff's Inmate work crew to
assist with set up on March 6, 2020 and tear down and cleanup on March 9, 2020.
6. Request from the District Attorney for a payment authorization to Levitt Enterprise LP
(Best Western Premier BCS) for victims/witnesses hotel accommodations in the
amount of $830.36. Two open purchase orders were available but the invoice
exceeded the amount of the purchase orders.
7. Request from the District Attorney for a payment authorization to Price Proctor &
Associates, LLP, for work provided on a juvenile case in the amount of $7,725.00. A
purchase order was not obtained in advance.
8. Approval to purchase 4 (four) pick up trucks for Brazos County Road & Bridge
Department in the amount of $110,235.00.
9. Approval of area in construction to relocate a pole for the improvements on Windy Ryon
Road with BTU - project # 1904-R-38450 in the amount of $11,782.56.
10. Amendment #1 of Contract #19-135 for Termite Treatment at Boonville Heritage Park to
add the main cabin to the service agreement at a cost of $150.00 per year with Allstar
Pest Control.
11. Amendment to contract for the Brazos County Expo Concessions.
12. Amendment to contract renewal with Rite of Passage, I nc. forjuvenile residential
services.
13. Approval of the MOA between Brazos County and the FEMA Integrated Public Alert
and Warning System Program Management Office.
14. Contract renewal with Falls, Milam, and Robertson Counties for pre -adjudication
detention services.
15. Contract renewal with Father Flanagan's Boys' Home for juvenile residential services.
16. Contract renewal with Houston County for pre -adjudication detention services.
17. Ratify contract between Texas Council on Family Violence & Brazos County District
Attorney's' Office. Term of contract is February 1, 2020 to December 31, 2020.
18. Consider and take action on the Brazos WI FI utility permit to conduct 8 road bores for
the installation of a fiber optic communication cable for internet services under
Easterling Drive. Site is located in Precinct 2.
19. Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Dilly Shaw Tap Road 4,150
feet southwest of FM 2038. Site is located in Precinct 2.
20. Expenditure Journal Entries
• a. FY19/20 010126 - 010128
• b. FY 19/20 020001 - 020001
21. Tax Refund Applications for the following:
• a. Red Page Properties V LLC - Overpayment $200.00
• b. American Momentum Bank- Overpayment $100.00
• c. Rosales Luis - Overpayment $12.14
• d. LJS Opco Two LLC - Overpayment $74.36
• e. Dora Elia Cabrera Garica - Overpayment $7.28
• f. Emilio & Maria Sanchez - Overpayment $37.76
• g. Cora Jean Stephenson - Overpayment $18.25
22. Budget Amendments.
Vol. _3LD P9•�
Budget Amendments FY 19/20 19.1 -19.6
23. Personnel Change of Status.
Personnel Action Forms
24. Payment of Claims.
25. Acknowledgement of the 2019 Racial Profiling Report for Brazos County Constable,
Pct. 2.
26. Juvenile Director's report on detention population.
27. Sheriff's report on inmate population.
28. Announcement of interest items and possible future agenda topics.
29. Call for Citizen input and/or concerns
30. Adjourn.
Vol. l0 pg.-s9Di _
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.
MINUTES
FEBRUARY 11, 2020
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,
February 11, 2020 with the following members of the Court present:
Duane Peters, County Judge, Absent;
Steve Aldrich, Commissioner of Precinct 1, Absent;
Sammy Catalena, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3, Presiding;
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.
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Berry
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-24:
3. Approval from the District Attorney's Office for the FY 2021 Grant Resolutions 20-005
Vol. :1� pg• a�
and 20-006 as outlined:
• a. Resolutions 20-005 application submission for the Crimes Against Women
Unit to the office of the Governor, Criminal Justice Division.
• b. Resolution 20-006 application submission for the Victim Services Project to the
Office of the Governor, Criminal Justice Division.
A copy of each resolution is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent:
Aldrich, Peters.
4. Request from Records Management for an exception to the travel policy regarding the
maximum hotel rate of $163.00 in Austin, TX on March 19, 2020. Desmond Harris will
attend workshops on Introduction to Records Management and Managing Electronic
Records for Local Governments. There is no host hotel. The rate per night is $259.00
plus tax on reservations made at a different hotel near the workshop site.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
5. Non -Profit Organization Application from Phoebe's Home for the Annual Charity Gumbo
Cook -Off at Wixon Valley City Hall for Brazos County Sheriffs Inmate work crew to
assist with set up on March 6, 2020 and tear down and cleanup on March 9, 2020.
A copy of the application is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
6. Request from the District Attorney for a payment authorization to Levitt Enterprise LP
(Best Western Premier BCS) for victims/witnesses hotel accommodations in the
amount of $830.36. Two open purchase orders were available but the invoice exceeded
the amount of the purchase orders.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
7. Request from the District Attorney for a payment authorization to Price Proctor &
Associates, LLP, for work provided on a juvenile case in the amount of $7,725.00. A
purchase order was not obtained in advance.
Commissioner Cauley asked if this is a normal fee for the services. Linda Ricketson
stated that this request from the District Attorney's Office was for expert testimony in a
juvenile case.
Vol. s310 P9.�1—
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Nancy Berry. Passed. 2-1. Ayes: Berry, Catalena. Nays: Cauley.
Absent: Aldrich, Peters.
8. Approval to purchase 4 (four) pick up trucks for Brazos County Road & Bridge
Department in the amount of $110,235.00.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent:
Aldrich, Peters.
9. Approval of area in construction to relocate a pole for the improvements on Windy Ryon
Road with BTU - project # 1904-R-38450 in the amount of $11,782.56.
A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent:
Aldrich, Peters.
10. Amendment #1 of Contract #19-135 for Termite Treatment at Boonville Heritage Park to
add the main cabin to the service agreement at a cost of $150.00 per year with Allstar
Pest Control.
A copy of the amended contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
11. Amendment to contract for the Brazos County Expo Concessions.
A copy of the amended contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
12. Amendment to contract renewal with Rite of Passage, I nc. for juvenile residential
services.
A copy of the amended contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry Catalena, Cauley. Absent: Aldrich, Peters.
13. Approval of the MOA between Brazos County and the FEMA Integrated Public Alert
and Warning System Program Management Office.
A copy of the memorandum of agreement is attached.
Vol. 310^ pg.�
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
14. Contract renewal with Falls, Milam, and Robertson Counties for pre -adjudication
detention services.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent:
Aldrich, Peters.
15. Contract renewal with Father Flanagan's Boys' Home for juvenile residential services.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
16. Contract renewal with Houston County for pre -adjudication detention services.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters. .
17. Ratify contract between Texas Council on Family Violence & Brazos County District
Attomey's' Office. Term of contract is February 1, 2020 to December 31, 2020.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
18. Consider and take action on the Brazos W I FI utility permit to conduct 8 road bores for
the installation of a fiber optic communication cable for internet services under Easterling
Drive. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent:
Aldrich, Peters.
19. Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Dilly Shaw Tap Road 4,150
feet southwest of FM 2038. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Vol. _j n— Pg.
Commissioner Irma Cauley. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent:
Aldrich, Peters.
20. Expenditure Journal Entries
• a. FY19/20 010126 - 010128
• b. FY 19/20 020001 - 020001
A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 3-0. Ayes: Bert', Catalena, Cauley. Absent: Aldrich, Peters.
21. Tax Refund Applications for the following:
• a. Red Page Properties V LLC - Overpayment $200.00
• b. American Momentum Bank - Overpayment $100.00
• c. Rosales Luis - Overpayment $12.14
• d. LJS Opco Two LLC - Overpayment $74.36
• e. Dora Elia Cabrera Garica - Overpayment $7.28
• f. Emilio & Maria Sanchez - Overpayment $37.76
• g. Cora Jean Stephenson - Overpayment $18.25
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Bert', Catalena, Cauley. Absent: Aldrich, Peters.
22. Budget Amendments.
Budget Amendments FY 19/20 19.1 - 19.6
19.1 Transfer funds from Non -Departmental to Fleet Services.
19.2 Transfer funds from Contingency Fund to Information Technology.
19.3 Transfer -funds from General Capital Improvement Fund to Jail Kitchen Expansion.
19.4 Transfer funds from General Capital Improvement Fund and Non -Departmental to
Facility Services Building.
19.5 Transfer funds from Non -Departmental to Information Technology.
19.6 Transfer funds from Non -Departmental to Information Technology.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
23. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Vol. 310 pg.y�
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
24. Payment of Claims.
Claims 8023070 — 8023262
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 3-0. Ayes: Berry, Catalena, Cauley. Absent: Aldrich, Peters.
25. Acknowledgement of the 2019 Racial Profiling Report for Brazos County Constable,
Pct. 2.
The Court acknowledged receipt of the 2019 Racial Profiling Report for Brazos County
Constable, Precinct 2.
26. Juvenile Director's report on detention population.
Juvenile Director Linda Ricketson reported there are 31 juveniles in the detention center,
20 are male and 11 are female, and 19 have electronic monitors. Ms. Ricketson noted
that 3 of the 31 youth are from other counties.
27. Sheriff's report on inmate population.
Wayne Dicky, Jail Administrator stated there were 637 inmates in jail, 543 inmates are
male and 94 are female, 52 have electronic monitors and 25 are pending for monitors.
28. Announcement of interest items and possible future agenda topics.
There were no announcements.
29. Call for Citizen input and/or concerns
There was no citizen's input.
30. Adjourn.
The foregoing minutes of the Commissioners Court Meeting held February 11, 2020
have been examined and are approved in open Court this Yd day of March 2020, in
Bryan, Brazos County, Texas.
Duane Peters
County Judge
y Catalena
Commissioner, Precinct 2
Commissioner, Precinct 4
Attest:
'LL
Karen McQueen
County Clerk
Vol.o pg.
Steve Aldrich
Commissioner, Precinct 1
Nancy Berry
Commissioner, Precinct 3
Pg i of z
B RAZ O S COUNTY
COMMISSIONER'S COURT
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COMMISSIONER'S COURT
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Resolution
Victim Services Project
WHEREAS, The Brazos County Commissioners Court finds it in the best interest of the citizens
Brazos County (Geographic Area) that the Victim Services Project be operated for the 2021 year;
and
WHEREAS, Commissioners Court agrees to provide applicable matching funds for the said
project as required by the Criminal Justice.Division grant application; and
WHEREAS, Commissioners Court agrees in the event of loss or misuse of the Criminal Justice
Division funds, Commissioners Court as§ures that the funds will be returned be to the Criminal
Justice Division in full.
WHEREAS, Commissioners Court designates Duane Peters as the grantees authorized official.
The authorized official is given the power to apply for accept, reject, alter or terminate the grant
on behalf the applicant agency.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County
approves the submission of the grant application for the Victim Services Project to the Office of
the Governor, Criminal Justice Division.
RESOLVED THIS �_ DAY OF 2020.
Commissioner Steve Aldrich
Precinct 1
iissiffner Nancy Berry
Precinct 3
Duane Peters
County Judge
Commissioner Sammy Catalena
ct 2
Commissi r au ey
Precinct
2 � 15-004 � - --
Vol. (1 O pg.�
Resolution
Crimes Against Women Unit
WHEREAS, The Brazos County Commissioners Court finds it in the best interest of the citizens of
Brazos County that the Crimes Against Women Unit be operated for the 2021 year; and
WHEREAS, The Brazos County Commissioners Court agrees to provide applicable matching funds
for the said project as required by the Criminal Justice Division grant application; and
WHEREAS, The Brazos County Commissioners Court agrees that in the event of loss or misuse of
the Criminal Justice Division funds, The Brazos County Commissioners Court assures that the funds
will be returned be to the Criminal Justice Division in full.
WHEREAS, The Brazos County Commissioners Court designates Duane Peters as the grantee's
authorized official. The authorized official is given the power to apply for, accept, reject, alter or
terminate the grant on behalf the applicant agency.
NOW, THEREFORE, BE IT RESOLVED that The Brazos County Commissioners Court approves
the submission of the grant application for the Crimes Against Women Unit to the Office of the
Governor, Criminal Justice Division.
RESOLVED THIS DAY OF Ue4^�2020.
r Duane Peters
County Judge
% 6M&
nissioner Steve Aldrich Commis 'over Sammy Catalena
Precinct 1 Precinc
miss ner Nancy Berry ommission a Caul
Precinct Precinct 4
Vold 3J^ Pg. :;Q>-
19-006
Non -Profit Organization Application for
Brazos County Inmate Work Crew Labor
ORGANIZA XON PHONE
ADDRESS.:,.--. CITY FAX
STATE ZIP
Aw
�2€iG4� CONTACT NAME
I certify that the above named organization is a nonprofit organization that qualifies for a
tax exemption under Section 501(s), Internal revenue Code of 1986, as an organization
described by Section 501 (c)(3) of that code, and is organized as a nonprofit corporation
under the Texas Non -Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas
Civil Statutes.
r rIl �
dr "OOAM
Please provide a description of the type of work that will be assigned and equipment
that will be used.
"Note" The allocation of a work crew to provide labor for your organization is subject
to availability.
Revised 071405 -ads
Vol. pg.
Brazos County Office of the Sheriff
Request for Work Crew Assignment
The Brazos County Office of the Sheriff has reviewed the application for assignment of
a work crew.
FrIl"The type of labor and task requested is appropriate for work crew
assignment. It is hereby requested that this application be placed on the
agenda for the Brazos County Commissioners Court consideration of
approval.
❑ The type of labor and task requested is not appropriate for work crew
assignment. It is hereby requested that this application not be placed on the
agenda for the Brazos County Commissioners Court consideration of
approval.
Signature itle 1JC�If Date
D/z�,2o
Brazos County Commissioners Court
Approval for Work Crew Assignment
The Brazos County Commissioners Court has received the recommendation from the
Brazos County Office of the Sheriff and has determined that the above non-profit
organization provides a public service to the county or to a political subdivision located
in whole or in part in the county. This approval for work crew assignment is valid
effective from the date approved below through December 311' of the calendar year.
Approved by Commissioners Court on:
County Judge Date
Revised 071405 -ads LAO Pga
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
DEPARTMENT: Road and Bridge NUMBER:
DATE OF COURT MEETING: 2/11/2020
ITEM: Approval of Area in Construction to relocate a pole for the improvements on Windy Ryon
Road with BTU - project # 1904-R-38450 in the amount of $11,782.56.
TO:
FROM:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
ATTACHMENTS:
File Name
BTU Windy Ryon Road.pdf
Commissioners Court
Lani Maness
02/06/2020
False
False
$0.00
Description
Line Relocation - Invoice and Info
Type
Backup Material
APPROVED
D- canePeter /
County .Tudge ate
https://brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=20247 2/6/2020
\I,,1. X310 N. 41
a11Y. J � 44
S 1
2/4/2020
Project #: 1.904-R-38450
Brazos County Road .& Bridge
Windy Ryon .Rd. Relocate.
College Station, Tx
Dear :
Your request for to relocate pole on Windy Ryon Rd has been investigated.
Your cost to provide this service is $11,782.56. Included in this cost is the removal of (2) pole and will
be installing (4) poles. The internal wiring serving your residence and the installation of the meter
can, weatherhead etc: is your responsibility.
Please note that this AIC amount is based on the line routing we discussed and is subject to change
90 days from the date of this letter.
BTU will furnish the electric meter and meter can to you at no cost. However, you or your electrician
must pick up the meter can -from the BTU warehouse located at 611 Union Street, Bryan, Texas.
Please reference your assigned project number, 1904-R-38450, when obtaining the.meter can from
the BTU warehouse.
Before your job can be scheduled for construction, I need the following items returned to me:
AIC invoice and payment with project number referenced on the check,
BTU's Information Desk at 205 E. 28!h Street is open between the hours. of 8AM -and 5PM, Monday
through Friday. They will be happy to assist you with accepting, your AIC payment and any other
requested paperwork.
Please use your assigned project number, 1904-R-38450, to identify any correspondence you may
have with our office. A copy of the project job print is included. I appreciate the opportunity to answer
any questions you.may have and provide you with competitive reliable electric service.
Sincerely,
Robert Lopez
Line Designer
Office: 979-821-5769
Fax: 979-821-5796
Email: rlopez _btutilities.com
von.►moo -- Ps.
CHARGE TO:
Brazos County Road & Bridge
Windy Ryon Rd Relocate
College Station, Tx
MAIL REMITTANCE TO:
Bryan Texas Utilities
Attn.: Robert Lopez
Project #: 1904-R-38450
P. O. Box 1000
Bryan, Texas 77805
NOTE: Do not include AIC payment in your monthly BTU bill.
V nI .c-�ly Ta. . 1
ENDMENT TO 19-135 TERMITE T L ENT BfIQMLLE IMRLTAG PA
TIRS AMENDMENT TO -19-135 Termite Treatment ("Amendment") is entered into and effective
this 11th day of February 2020 ("Effective Date") by and Between Brazos County ("Customer"), and A.11star
Pest Con trot. ("Contractor") each of which may alternatively be .referred to herein. as a "Party" and. collectively
as the "Parties". All capitalized terms .in this Amendment shall have the.same meaning as in the A,greerneat (as
defined below) unless otherwise stated herein.
RECITALS
WHEREAS, the. Parties entered into that certain original contract # 19-1.35 ("Agreo mone') .for purposes
of Atlstar .Pest Control. to provide of the service of termite treatment at Boonville Heritage Park and
WHEREAS, the Parties desire to amend the scope of work and pricing to add the main cabin -as set forth
in original contract # 19-135.
AGREEMENT
NOW THEREFORE, in consideration of the above premises, and -other .good and valuable
consideration,the receipt and sufficiency of which are hereby, ackndwledged, the P.aiiies hereto agree to .amend
the Agreement as follows:
1. The fee and services to add the main cabin to the. termite treatment service at Boonville Heritage
Park, a copy of agreement which is attached hereto and incorporated herein.
2. C'onflict/lsfo Other Modifications: � 16 the event of a conflict between the terms of this Amendment
and the terms of the Agreement, this Amendment shall control. All othor terms of the. Agreement
shall remain unchanged and in full forceand effect.
IN 'FITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their
authorized: representatives as of the Effective Date. This Amendment may be executed in counte�pari$; all of
which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable farms of
execution of this Amendment arid- shall be binding on all Parties. hereto.
BRAZOS COUNTY
Signature
Title
—19 C7.
Date
ALLSTAR PEST CONTROL
Vol. 310 Pg.
Y
AMENDMENT TO 19-063R CONCESSION SERVICES
THIS AMENDMENT TO 19-063R CONCESSION SERVICES ("Amendment") is entered into and
effective this 11th day of February, 2020 ("Effective Date") by and between Brazos County ("Customer"), and
Bailey Concession Services. ("Contractor") each of which may alternatively be referred to herein as a "Party"
and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in
the Agreement (as defined below) unless otherwise stated herein.
RECITALS
WHEREAS, the Parties entered into that certain original contract # 19-063R ("Agreement") for
purposes of Bailey Concession Services to provide of the service of concessions at the Exposition Center; and
AGREEMENT
NOW THEREFORE, in consideration of the above premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend
the Agreement as follows:
Extend the contract term for 30 calendar days, renewable on a monthly basis at the County's
discretion.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their
authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of
which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of
execution of this Amendment and shall be binding on all Parties hereto.
BRAZOSCOUNTY
Signature
Nae �
Title n (�
jr—
Date / " I
BAILEY CONCESSION SERVICES
'Sigp1pre ,
Name
Title
Date
vis. 3►o Pg.—Lh2-_
CONTRACT FOR RESIDENTIAL SERVICES
RITE OF PASSAGE, INC.
In accordance with provisions of the Governor's office, Criminal Justice Division and TJJD, Brazos County Juvenile
Probation Juvenile Board at the request of and on behalf of Brazos. County Juvenile Probation ,(hereinafter called
COUNTY), and Rite of Passa a Inc. (hereinafter called SERVICE AGENT), by this Agreement, and in
consideration of the mutual promises set forth below, agree that .
I. CONTRACT PERIOD
The contract period Will be effective from September 1, 2019 through August 31, 2020. This Contract shall
automatically renew and extend for an additional one-year period on the first day of September of each
succeeding year unless COUNTY gives written notice to SERVICE AGENT not less than 30 days prior to
the first day of September of such succeeding anniversary. This renewal and extension is subiect to the
availability of funds for the contract year to the allocation of funds to meet the terms of this contract. and
subiect to the approval of the County Juvenile Probation Department and/or Juvenile Board This contract
need not be specifically identified in the budget or budget process Upon renewal and extension of this
contract all dates sums set forth herein shall be deemed modified as necessary to reflect the new and
extended term of the contract
Ih PURPOSE
The purpose of this Residential Services Agreement is to provide COUNTY with long term residential Care for
children adjudicated to have committed delinquent conduct. The placement facility to be utilized is owned and
operated by SERVICE AGENT and the business address of SERVICE AGENT is located at 2560 Business
Parkway; Suite A, Minden, NV, 89423.,
Contract Facility Name Address City / State/ Zio
Texas Monarch Academy For Girls 370 King Avenue Denison, TX 75020
Lake Granbury Youth Services 1300 Crossland Road Granbury, TX 76048
Ill. SERVICES
The SERVICE AGENT is an educational, therapeutic, vocational and athletic program for at -risk youth. The
Service Agency agrees to provide the following services, which shall be limited to adjudicated juvenile
offenders in licensed child care facilities as follows:
A. Provide this child with the nurture, care,clothing; treatment -and training suited to her needs:
B. Room & board, clothing, personal needs, recreation, incidentals; supervision, education, and social
services.
C. Transportation. Transportation includes escorted admission into the program and unescorted exit for
students who have graduated/ completed the program. Students who do not complete the program will
receive an escorted exit.
D. Follow admission requirements related to medical screening,. physical examination, medical testing and
immunization.,
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Rite of Passage, Inc.
Residential Contract
E. Encourage the maintenance of the natural parent-child relationship and include the child's parents in the
treatment plan when possible.
F. Not use corporal punishment, deprivation of meals, monetary allowances, visits from parents, home visits,
threat of removal or any type of degrading or humiliating punishment and to use constructive alternative
methods of discipline.
G. Respect and keep confidential information given about the child and their family.
H. Work toward termination of placement on a planned basis with maximum involvement of the child, parents
and the agency.
I. Conduct a staffing or review on this child at least quarterly.
J. Submit an initial diagnostic summary to the agency within three (3) months from the date of placement.
K Submit ongoing written evaluations to the agency and/or parents or guardians quarterly..
L. Immediately notify responsible party of significant changes in this child's health, behavior or location.
M. Submit copies of any pertinent information such as school reports.. Medical reports and
psychologicaUpsychiatric reports as completed.
N. Give responsible parry prior notice of at least 7 days of intent to discharge this child unless it is agreed
upon with the agency that less notice is necessary.
0. Conform to the applicable facility licensing/certification requirements.
P. Provide access to appropriate parties of documentation when documentation is maintained on children in
their care.
Q. Notify the agency and/or parents or guardians immediately if an application is made on behalf of this child
for any kind of income. Examples of income include, but are not limited to, child support payments,
Veterans Benefits, Railroad Retirement, Social Security, RSHDI, and Supplemental Security Income/State
Supplemental Program (SSI/SSP).
R. Remit to Department of Public Social Services any income received on behalf of this child while in foster
care up to the full cost of board and care plus medical cost. In addition, the agency will cooperate to have
the Social Security Administration, or the appropriate agency, make the Department of Public Social
Services the payee for any funds received on behalf of this child.
S. Provide and document paraprofessional counseling, off -campus visits or. furloughs, major incidents and
worker contacts. COUNTY must approve the child's participation in any furloughs, home visits, or extended
agency trips.
T. Ensure that the child's parent(s) or legal guardian(s), COUNTY, and sp_ ecifically. the..Couniy.Placement
Officer, including Texas Department of Juvenile Justice are notified if a child in placement makes an
unauthorized departure, becomes seriously ill, or is involved in a serious accident. The COUNTY and
parent(s) or legal — - -
p g guardians) will be'irifoiined immediately if •during working hours. After normal working
hours, the Juvenile Services On -Call Officer will be notified as soon as possible, as well as the parent(s) or
legal guardian(s). In the event of serious illness or accident and for any required follow-up care SERVICE
AGENT shall be responsible for having the child transported to the nearest hospital or emergency care
facility. If the child returns to the SERVICE AGENT within ten (10) days or prior to the last billing day of the
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month, whichever shall receive payment for those days the child was absent from the SERVICE AGENT,
but not to exceed ten (10) days payment.
U, Recognizing that a part of a child's rehabilitation program may include time away from the residential
setting of the SERVICE AGENT such as weekends, holidays, etc., and that the SERVICE AGENT must
retain space for this child until their return, COUNTY will pay the SERVICE AGENT the herein agreed upon
amount for such regularly scheduled days away from the SERVICE AGENT of its program providing they
do not exceed ten (10) days at any one time.
V...The SERVICE AGENT is under no obligation to retain space for the child in unauthorized departure
situations:
W. The SERVICE AGENT is under no obligation to accept a child who is deemed inappropriate for placement
in the program by the SERVICE AGENT.
The COUNTY Agrees to the following`.
A. Conduct a pre -placement visitation of the Rite of Passage sites. This visitation may be waived.
B. Acknowledge that Rite of Passage is a behavior modification and treatment program for at -risk youth.
C. Provide Rite of Passage the necessary background information and needs of the child necessary for
effective care. This shall include a social work assessment, medical reports, educational assessment,
psychological/psychiatric evaluations, and identification of special needs when necessary. This shall be
made available to Rite of Passage within 14 days from date of placement.
M. Work with Rite of Passage toward development of a treatment plan.
E: Work toward termination of child's placement with Rite of Passage staff.
F. Continue paying for this child's care as long as eligible and Rite of Passage maintains child on an active
status or until Rite of Passage requests that placement be terminated.
G. Assist in the maintenance of the child's constructive relationships with parents and other family members;
H. Contact this child in Rite of Passage at least once a month. If case plan would indicate less frequent
contact, Rite of Passage will be informed.
I. Inform Rite of Passage if child has any tendencies toward dangerous behavior.
J. Provide proof of medical coverage at the time of placement (If Applicable). If no medical coverage exists,
payment is the responsibility of the County.
K. Provide authorization for medical treatment, signed by parents or legal guardian.
L. County agrees to pay for treatment for youth placed with the SERVICE AGENT who had a pre-existing
medical -condition, unless treatment -for the pre=existing condition"Is part of the 'rehabilitation program of the
SERVICE AGENT.
T _ M. It is the responsibility of the County_to pay_ for. psychotropic medications prescribed to the student. - N. COUNTY agrees to pay all medical and/or dental bills if.
1) The SERVICE AGENT notifies the COUNTY or designee prior to the services being rendered; or,
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Residenal Contract
ii) If, in vendor's (physician and/or dentist) opinion, the services cannot be delayed a sufficient amou t of
time to comply with the above without hardship to the youth; and,
iii) The SERVICE AGENT notifies the COUNTY and/or designee of the probable charges the next working
day after services are provided.
iv) As appropriate, the SERVICE AGENT will provide proof of Medicaid coverage to the Medical Service
Provider to enable them to seek Medicaid payment for medical services rendered.
O. Consent to the Handle with Care Safe Physical Management Physical Restraint Procedure as the method
used by certified Rite of Passage personnel to intervene with harmful behavior.
P. Consent to the Rite of Passage REFOCUS Programs as the protocol for students being placed in
protective separation rooms.
Q.: Consent to Rite of Passage Runaway Policy as the protocol for procedures for the truant student.
R: Consent to the child participating in rigorous physical training and individual and team sports.
S. Represent that the child has no physical ailments or conditions that would prevent her from participating in
rigorous physical activities.
IV. COMPENSATION
A. For and in consideration of the above-mentioned services, COUNTY agrees to pay SERVICE AGENT the
per diem rates based upon the IV -E Level of Care provided, currently $197.69, in accordance with the
Post -Adjudication Secure Correctional Facility schedule of rates set by the Texas Juvenile Justice
Department as currently effective or subsequently amended.
B. Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation
and follow-up evaluations will be paid for by Juvenile Probation at the current contracted rates. These
services and fees will be pre -authorized by the COUNTY.
C. Education services are provided on-site through agreement with a local ISD. Should the COUNTY request
GED preparation and/or testing, the COUNTY will be responsible for any additional rates and fees
associated with those services.
D. SERVICES AGENT will submit an invoice for payment of services to COUNTY on a monthly basis. Said
invoice shall be submitted no later than ten (10) days following the end of the invoiced month and shall
include 'information deemed necessary for adequate fiscal control, including but not limited to: name of the
child or children for whom payment is being requested along with the ,number of days (stated
consecutively), date service was rendered, hourly rate, total daily cost, and total monthly cost. Each
invoice received for payment -will be reviewed by COUNTY in order to monitor $ERVICE..AGENT,for _..
financial compliance with this Agreement. Invoice submitted by SERVICE AGENT in proper,form shall be
paid by COUNTY in a timely manner.
E: SERVICE -A- Hereby notified that state funds are used to pay for services rendered to COUNTY.
For this reason, SERVICE AGENT shall account for the receipt and expenditure of all funds received from
COUNTY, and shall adhere to Generally Accepted Accounting Principles (GAAP) In the accounting,
reporting and auditing of such funds. In the event of an Investigation by the TJJD or COUNTY, the
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SERVICE AGENT shall submit to COUNTY upon request a financial audit prepared by independent
certified public accountant:
V. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT
A. Each child placed with the SERVICE AGENT shall have a written Individualized Case Plan (ICP),
developed in concert with the child and mutually agreed upon by the appropriate SERVICE AGENT staff
and appropriate county personnel along with a family member within thirty (30) days of placement,
identifying which of the nine (9) domains pertain to the child. The Case Plan shall be reviewed every 3
months (90 days) thereafter or more often if necessary, until the child is released from the program.
B. The ICP shall contain the reasons why the placement will benefit the child and specify behavior goals and
objectives as they pertain to the nine (9) domains being sought for each child. Included shall be how the
goals and'objectives"are to be achieved in the SERVICE AGENT placement. The ICP shall state how the
parent(s), guardian(s), and where possible, grandparents or other extended family members will be
involved in the Individual Program Plan 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.
C. Copies of the original ICP and the periodic reviews are to be maintained by the SERVICE AGENT and the
COUNTY.
D: COUNTY reserves the right to terminate the child's placement at the SERVICE AGENT at its discretion:.
The SERVICE AGENT must not release a child to any person or agency other than the COUNTY without
the express consent of the COUNTY.
E.. Unless otherwise stipulated by COUNTY, the child may visit freely with parents and relatives at the home in
accordance with established SERVICE AGENT policies.
F,- Suspected or alleged cases of child abuse must be immediately reported to the COUNTY and the
Department of Human Services by the SERVICE AGENT..
VI. EXAMINATION OF PROGRAM AND RECORDS
A.. The SERVICE AGENT agrees that it will permit the COUNTY to examine and evaluate its program of
services provided under the terms of this contract and to review COUNTY child records.. This examination
and evaluation of the'program may include" unscheduled- site. -visitations'- observation•of programs in :` — `1
j operation, interviews, and the administration of questionnaires to the staff of the SERVICE AGENT and the
child.
i
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B. The SERVICE AGENT shall provide to the COUNTY such descriptive information on contracted child as
requested on forms provided by the COUNTY.
C. The SERVICE AGENT agrees to maintain and make available for inspections, audit or reproduction by an
authorized representative of COUNTY and the State of Texas, books, documents, and other evidence
pertaining to the cost and expenses of this contract, (hereinafter called the "records!).
D. The SERVICE AGENT shall retain all applicable records for a minimum of seven years or until any pending
audits and all questions arising there from have been resolved.
E. Provide the COUNTY with a written report of the child's progress on a monthly basis in a Monthly Progress
Report.
i F. Document and maintain records pertaining to the effectiveness of goods and services provided to
i;
Econtracted childreri: These records shall contain, but are not limited to:
i. percentage of youth in program successfully achieving set education goals,
fl. percentage of youth achieving set vocational goals,
iii. percentage of youth achieving set social skills goals,
iv. percentage of youth demonstrating overall progress,
v: number and type of investigations made by the TXDFPS or any law enforcement agency due to
reports of abuse and/or neglect.
These records shall be made available to COUNTY for periodic inspection.
G.. 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). The service provider has a zero tolerance towards all forms of sexual abuse and sexual
harassment in accordance with the provision 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 SS 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 rnay, be requested _by. the_Department of -Justice from the__, .
previous calendar year no later than June 30 (SS115.387 (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.
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H. Service Provider shall assist fully with any and all audits.
Vil. CONFIDENTIALITY OF RECORDS
A. SERVICE AGENT shall maintain strict confidentiality of all information and records relating to children
involved with COUNTY, and shall not re -disclose the information except as required to perform the services
to be provided pursuant to this Agreement, or as may be required by law.
Vlll. DISCLOSURE OF INFORMATION
A. SERVICE AGENT warrants that, prior to entering this contract, it has verified and disclosed the following
information to COUNTY, and agrees that it shall have an ongoing affirmative duty under this Agreement to
promptly ascertain and disclose in sufficient detail this same information to COUNTY:
i, Any and all corrective action required by any of SERVICE AGENT's licensing authorities;
ii. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and
exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or
consultant of SERVICE AGENT that has direct contact with juveniles was the alleged or designated
perpetrator
iii. The identity of any of SERVICE AGENT's employees, interns, volunteers, subcontractors, agents
and/or consultants that have direct contact with juveniles that have a criminal history. For the
purpose of .this Agreement, the term criminal history shall include: (1) current felony and
misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past
ten (10) years;. or (3) a jail able misdemeanor conviction or deferred adjudication within the past
five (5) years..
IX. ASSURANCES
A. The SERVICE AGENT is accountable for delivery of quality services and shall provide information
necessary to enable COUNTY to comply with standards of TJJD and to measure progress toward specified
Goals and Outcomes, If applicable.
B. Under Section 231.006, Family Code, the SERVICE AGENT certifies that the "individual or business entity
named in this contract is not ineligible to receive the specified payment and acknowledges that this contract
maybe .terminated, and..payment_may_be withheld. if this certificate Js inaccurate. . ..
C. The SERVICE AGENT 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 AGENT further agrees to cooperate fully with_the State Auditor's
Offide or its successor in the conduct of the audit or investigation, including providing all records requested.
SERVICE AGENT will ensure that this clause concerning the authority to audit funds received indirectly.by
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subcontractors through SERVICE AGENT and the requirement to cooperate is included in any subcontract
it awards.
D. The SERVICE AGENT will pay all taxes, 9 any, required by law arising by virtue of the services performed
hereunder. The COUNTY is qualified for sales tax exemption pursuant to Section 151.309 of the Texas
Limited Sales Excise and Use Tax Act.
E. The SERVICE AGENT currently meets and shall comply with all applicable state and federal laws and
licensing and/or certification requirements pertinent to the SERVICE AGENT's provision of services under
this agreement and must notify COUNTY within 24 hours of any future failure to meet licensing
requirements., Failure to comply with this requirement will be treated as a default.
F. Neither COUNTY nor any employee thereof is an agent of the SERVICE AGENT and neither SERVICE
AGENT nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be
construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege
or other amenities of employment by the other party.
G. SERVICE AGENT agrees to indemnify and hold harmless the COUNTY against any and all claims,
lawsuits, settlements, judgments, penalties and expenses, including attorney's fees, with respect to
SERVICE AGENT'S performance under this contract for which the SERVICE AGENT is liable.
H. No person not a party to this contract may bring a cause of action pursuant to this contract as a third -party
beneficiary. This contract may not be interpreted to waive the sovereign immunity of any party to this
contract to the extent such a party may have immunity under Texas law.
J. SERVICE AGENT agrees to comply with all applicable laws, regulations and conditions required of TJJD
for juvenile boards, juvenile probation departments and their subcontractors.
X. REPRESENTATION AND WARRANTIES
SERVICE AGENT hereby represents and warrants the following:
A. That it has all necessary right, title, license, and authority to enter into this Agreement;
B. That it carries sufficient insurance to provide protection to COUNTY under the indemnity provisions as well
as for -any potential liabilities that arise form or related to this Agreement;. and =- -
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 br neglect of a juvenile in accordance with
the requirements of Texas Family Code, Chapter 261 and any applicable TJJD administrative rules
regarding abuse, neglect and exploitation allegations.
XI. FEE ASSESSMENT
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A. Children or their families shall not be assessed fees for services by the SERVICE AGENT unless
arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary
contribution from families of county children for donations of clothing, personal articles, and funds to assist
In supporting a youth's rehabilitation.
B. If a child is eligible for fiscal support from another state agency or organization, the SERVICE AGENT shall
ensure that COUNTY is not charged for such fiscal support for which the child is otherwise eligible.
XII. EQUAL OPPORTUNITY
A. Services shall be provided by the SERVICE AGENT in compliance with the Civil Rights Act of 1964. The
SERVICE AGENT will not discriminate against any employee, applicant for employment, or child because
of race, religion, sex, national origin, age or handicapped condition.
B. The SERVICE AGENT will take affirmative action to ensure that applicants are employed, and that the
employees are treated during employment without regard to their race, religion, sex, national origin, age, or
handicapped condition.
XIII.OFFICIALS NOT TO BENEFIT
A. No officer, member or employee of 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
this project, shall participate in any decision relating to this contract which affects his personal interest or
have any personal or pecuniary interest, direct or indirect in this contract or the proceeds thereof.
XIV. TERMINATION
A. Termination — Without Cause:
This contract may be terminated by either party by providing written notice to the other party at least thirty (30)
days prior to the intended date of termination. Any notice or other writing required by this contract shall be
deemed given when personally delivered or mailed certified or registered United States Mail, postage prepaid,
addressed as follows:
Rite of Passage, Inc: Brazos County Juvenile -Probation
2560 Business Parkway, Suite A 1904 W. Hwy 21
Minden, NV 89423, Bryan, TX 77803
B. Funding out: Service provider contracts that are funded in whole and in 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.
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B. Termination —With Cause:
The COUNTY may terminate this contract within thirty (30) days of delivery of written notice for SERVICE
AGENT'S failure to achieve the defined goals, outcomes, strategies and outputs as set forth in the provisions
and attachments to this contract and/or SERVICE AGENT'S failure to comply with all terms and conditions set
forth in this contract. Notice of termination shall be deemed given to SERVICE AGENT when personally
delivered or mailed certified or registered United States Mail, postage prepaid at the address listed above in
Paragraph A — Termination — Without Cause.
C. LIQUIDATED DAMAGES
1. In the event that this contract Is terminated for cause by COUNTY, SERVICE AGENT agrees to pay
COUNTY for any monies paid for services not rendered by SERVICE AGENT prior to the effective date of
termination of this contract.
XV. AMENDMENT
COUNTY may amend, modify, or alter the terms of this Agreement and specify an effective date thereof.
COUNTY will then notify SERVICE AGENT in writing, dated subsequent to the date hereof, of such
changes and their effective date. Continuation of services after the effective date by SERVICE AGENT will
signify its acceptance of these changes. If SERVICE AGENT declines to accept changes made by
COUNTY, SERVICE AGENT may terminate this Agreement subject to the conditions therein.
XVI. LAW AND VENUE
A. In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Brazos
County, Texas.
Rite of Passage, Inc.
By.. .
M.. .
Carolyn Jenki .s43ower
Chief Financi I Officer
Brazos County Juvenile Probation
By;
Chief/Director or Designee
Brazos County Juvenile Probation Services
By ? cam .tos A!:i-
Brazos County Ju6fifle Board RepreseAdtive
Page 10 of 10
ON 1 \ 20 :)-- O FULLY EXECUTED IN
DUPLICATE, EACH OF WHI SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
Brazos County Commissioners Court
By: � 0`.f
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
Date
E
,3ja pg.57
Memorandum of Agreement
between the
Brazos County
and the
Federal Emergency Management Agency
Integrated Public Alert and Warning System
(IPAWS) Program Management Office
Regarding the use of:
Brazos County
Interoperable System(s)
and
IPAWS OPEN Platform for Emergency Networks
(IPAWS-OPEN)
Version 4.2
31 Jan 2020
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt
from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled,
transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to
be released to the public or other personnel who do not have a valid "need -to -know" without prior approval of the
FEMA Integrated Public and Warning System and the FEMA Disclosure Offices.
1
V4.2, June 20, 2019
Vol. c3 10 Pg.
FOR OFFICIAL USE ONLY // CONTROLLED UNCLASSIFIED INFORMATION
MEMORANDUM OF AGREEMENT
1.0 SUPERSEDES: None
2.0 INTRODUCTION
The purpose of this memorandum is to establish a management agreement between the Brazos County hereinafter
referred to as the Collaborative Operating Group (COG), and the Federal Emergency Management Agency (FEMA)
IPAWS Program regarding the utilization and security of Brazos County Interoperable System(s) (as shown in
Appendix A), which interoperate with the IPAWS-Open Platform for Emergency Networks (IPAWS-OPEN). The
expected benefit is to enable information interoperability across emergency response organizations and systems as
intended by the FEMA IPAWS Program.
This agreement will govern the relationship between the Collaborative Operating Group and FEMA, including
designated managerial and technical staff and system users associated with the aforementioned COG. As indicated
within the terms of this agreement, both parties agree to allow system interoperability through the use of SOAP over
HTTPS via the public internet. Under this agreement, no direct or networked connection using VPN (or equivalent
technology) between the systems named in Appendix A and IPAWS-OPEN is allowed. In the event a direct
connection is required, an Interconnection Security Agreement must be executed.
3.0 AUTHORITY
The authority for this agreement is based on the Communications Act of 1934, as amended (47 U.S.0 § 606) and the
implementation of regulation 47 C.F.R § 11 which establishes the statutory basis under which the FEMA IPAWS
Program operates emergency alerting systems. In addition, Executive Order 13407 of June 26, 2006, Public Alert
and Warning System Executive Order states, "It is the policy of the United States to have an effective, reliable,
integrated, flexible, and comprehensive system to alert and warn the American people... establish or adopt, as
appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public
alert and warning system to enable interoperability and the secure delivery of coordinated messages to the American
people,. In response, FEMA established the IPAWS Program Management Office (PMO) in April 2007.
4.0 BACKGROUND
It is the intent of both parties to this agreement to establish and utilize a standardized web based application interface
(as defined by the IPAWS-OPEN Web Service Interface Design Guidance) between the information technology (IT)
systems shown below to facilitate the exchange of emergency messages within the production environment. The
testing of the interoperability of these systems has been performed through the use of FEMA's Test and Development
environment to ensure the transference and receipt of emergency messages using approved messaging standards. The
interoperability between these systems is supported by the use of SOAP over F=PS via the public internet.
5.0 COMMUNICATIONS
Frequent formal communications are essential to ensure the successful management and operation of system
interoperability. Both parties agree to maintain open lines of communication between designated staff (as indicated in
Appendix B) at both the managerial and technical levels. All communications described herein must be conducted in
writing and may be disseminated by electronic means unless otherwise noted.
The owners of the respective systems agree to designate and provide contact information for technical leads for their
respective systems, and to facilitate direct contacts between technical leads to support the management and operation
of system interoperability. To safeguard the confidentiality, integrity, and availability of the systems and the data they
store, process, and transmit, both parties agree to provide notice of specific events within the timeframes indicated
below:
• Security Incidents: Technical, administrative and/or help desk staff will immediately notify their designated
counterparts by telephone or e-mail when a security incident(s) is detected and/or a violation of the Rules of
Behavior (see Appendix C) has been identified. Both parties agree to make the appropriate technical and
administrative individuals available for all necessary inquiries and/or investigations. Containment and/or
2
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resolution procedures will be documented by the identifying party and after action reports generated and
submitted to the system owner and/or designated security officials within five (5) business days after detection of
the incident(s).
• Disasters and Other Contingencies: The FEMA IPAWS Program Office will notify the COG by telephone, e-
mail or other acceptable means in the event of a disaster or other contingency that disrupts the normal operation
of IPAWS-OPEN.
• System Interconnections: This MOA is intended for systems interoperating with IPAWS-OPEN using SOAP
over HTTPS via the public Internet. If in the future, an interconnection (i.e. dedicated system -to -system
connection) is required to IPAWS-OPEN, this MOA must be updated and an Interconnection Security
Agreement (ISA) must be executed. If a change in status from interoperating to interconnected system is
required, the initiating party will notify the other party at least 3 months before the planned interconnection is to
be in place.
• Discontinuation of Use: In the event the use of IPAWS-OPEN is no longer required, the COG agrees to
immediately notify, in writing, the FEMA IPAWS Program Office at which time the COGID and associated
access credentials will be deactivated.
• Personnel Changes: Both parties agree to provide notification of changes to their respective system owner or
technical lead. In addition, both parties will provide notification of any changes in the point of contact
information provided in Appendix B. All relevant personnel changes and changes to contact information must
be provided within 5 business days of the change.
6.0 TYPE OF INTERCONNECTIVITY
Both parties agree that the COG will utilize only the assigned COGID, associated credentials and digital certificates
provided by the FEMA IPAWS Program Office to support interoperability between the system(s) listed in Appendix
A and IPAWS-OPEN. In addition, all interoperable systems must be configured to interface with IPAWS-OPEN over
the public Internet using only approved web service standards and associated requirements. A listing of approved
web service standards and supporting requirements can be obtained from the IPAWS-OPEN Web Service Interface
Design Guidance document.
In the event, a dedicated connection is required, both parties will agree to negotiate and execute an Interconnection
Security Agreement (ISA) as required per Department of Homeland Security (DHS) policy which must be signed by
all required parties before the interconnection is activated. Proposed changes to either system that affect system
interoperability will be reviewed and evaluated to determine the potential impact. If the proposed changes impact the
agreed upon terms, the MOA will be renegotiated and executed before changes are implemented.
7.0 SECURITY
To ensure -the joint security of the systems and the message data they store,.process, and transmit, both -parties agree
to'adhere to and enforce the Rules of Behavior (as specified in Appendix C). In addition, both'parties agree to the
following:
• Ensure authorized users accessing the interoperable system(s) receive, agree to abide by and sign (electronically
or in paper form) the IPAWS-OPEN Rules of Behavior as specified in Appendix C. Each jurisdiction is
responsible for keeping the signed Rules of Behavior on file or stored electronically for each system user.
• Utilize FEMA approved PKI certificates to digitally sign messages as they are transported over the public
Internet.
• Certify that its respective system is designed, managed and operated in compliance with all relevant federal laws,
regulations, and policies.
• Document and maintain jurisdictional and/or system specific security policies and procedures and produce such
documentation in response to official inquiries and/or requests.
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• Provide physical security and system environmental safeguards for devices supporting system interoperability
with IPAWS-OPEN.
l;
• Ensure physical and logical access to the respective systems as well as knowledge of the COGID and associated
access criteria are only granted to properly vetted and approved entities or individuals.
• Where applicable, ensure that only individuals who have successfully completed FEMA -required training can
utilize the interoperable systems to issue alerts and warnings intended for distribution to the public.
• Where applicable, document and maintain records of successful completion of FEMA -required training and
produce such documentation in response to official inquiries and/or requests.
8.0 PROFICIENCY DEMONSTRATION
Once enabled, each COG operating under this agreement must demonstrate their ability to compose and send a
message through the IPAWS-OPEN system at regular intervals. Such demonstration must be performed on a monthly
basis through generation of a message successfully sent through the IPAWS-OPEN Training and Demonstration
environment.
9.0 ASSOCIATED SOFTWARE REQUIREMENTS
The COG will need to select a software package which will allow the COG to properly populate a Common Alerting
Protocol (CAP) message which complies with both the OASIS Common Alerting Protocol Version 1.2 and the OASIS
Common Alerting Protocol, v. 1.2 USA Integrated Public Alert and Warning System Profile Version 1.0. With respect
to the software and the software vendor selected FEMA expects the selected software to provide the following
minimum critical capabilities and services:
• Permissions:
o The ability to assign and manage user permissions; and
o The ability to retrieve and view IPAWS Alerting Permissions
• Proficiency:
o The provision of vendor support, to include user training, and around the clock technical support;
and
o The ability to submit both live and test digital certificates, with clear, easily identifiable information
that indicates the environment to which the software is pointed (Live or Test)
• User Interface:
o The provision of an intuitive user interface, to include help menus; and
o The ability to notify the user of digital certificate expiration; and
o The ability to constrain event types and geocodes to user permissions; and
o The ability to send one alert to multiple channels; and
o The provision of displays that show required fields based on selected channel; and
o The ability to pre-popuIate fields to the greatest extent possible; and
o The ability to support templates; and
o The ability to create a polygon or circle, of less than 100 nodes; and
o The ability to update or cancel an alert, without having to reenter all of the data; and
o The ability to alert the end user if a software license has expired; and
o Clear explanations if alert information is case sensitive when entered
• Confirmation and Error Checking:
o The ability to pre -check an alert message for errors, prior to sending; and
The ability to create free -form 90 -character WEA text, while preventing prohibited characters; and
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The provision to IPAWS of alert status codes for any sent alert, with a clear definition of whether
the codes are advice codes or error codes, along with the meaning of those codes; and
o The provision of user confirmation of connectivity to IPAWS; and
o The ability for users to see alert history and/or logs
10.0 COST CONSIDERATIONS
This agreement does not authorize financial expenditures by the COG on behalf of FEMA. The FEMA IPAWS
Program is responsible for the costs associated with developing, operating and maintaining the availability of the
IPAWS-OPEN system. The COG is responsible for all costs related to providing their users with access to IPAWS-
OPEN via the public Internet. These costs may include hardware, software, monthly Internet charges, completion of
security awareness training and other related jurisdictional costs.
11.0 PROPERTY OWNERSHIP
Each Party agrees and acknowledges that nothing in this Agreement shall be construed as giving a party any
proprietary rights in or to the intellectual property of the other party. Each Party further agrees that nothing in this
Agreement shall be construed as creating or granting to a party any implied or express license in or to the intellectual
property of the other party.
12.0 TIMELINE
This agreement will remain in effect based on the life of the Authority to Operate (ATO) for IPAWS-OPEN or a
maximum of three (3) years after the last date on either signature in the signature block below. Upon expiration of the
IPAWS-OPEN ATO or after three (3) years (whichever comes first), this agreement will expire without further action
and system access privileges will be revoked. If the parties wish to extend this agreement, they may do so by
reviewing, updating, and reauthorizing this agreement. This agreement supersedes all earlier agreements, which
should be referenced above by title and date. If one or both of the parties wish to terminate this agreement
prematurely, they may do so upon 30 days' advanced notice or in the event of a security incident that necessitates an
immediate response. This agreement may be suspended by FEMA for failure to perform the Proficiency
Demonstration for two consecutive months. A suspended COG may be reinstated upon a completion of a successful
Proficiency Demonstration.
V4.2, June 20, 2019
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SIGNATORY AUTHORITY
I agree to the terms of this Memorandum of Agreement. Noncompliance on the part of either organization or its users
or contractors concerning the policies, standards, and procedures explained herein may result in the immediate
termination of this agreement.
Brazos County Official
Name: Duane Peters
Title: County Judge
--)-] I Ia-o
(Signature Date)
Brazos County
200 S. Texas Avenue, Suite 332
Bryan, TX, 77803
V4.2, June 20, 2019
Federal Emergency Management Agency
IPAWS-OPEN System Owner
Name: Mark A. Lucero
Title: Chief, IPAWS Engineering
(Signature Date)
Attn: IPAWS-OPEN System Owner, Suite 5NW-0309
Federal Emergency Management Agency
500 C Street SW -
Washington, D.C. 20472-3153
Vol. 31b Pg.
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Appendix A
Listing of Interoperable Systems
The FEMA IPAWS Program recognizes that Emergency Management organizations may utilize multiple tools to
facilitate the emergency management process. As a result, jurisdictions may need to interoperate with IPAWS-OPEN
using more than one system. In order to comply with DHS policy, all systems interoperating with IPAWS-OPEN
must be documented and supported by a Memorandum of Agreement. As a result this appendix must be completed to
identify all systems associated with the COG and used for interoperating with IPAWS-OPEN. This Appendix must
be amended as applicable systems are added or removed from operations.
• ]PAWS -OPEN
The systems listed below are managed and operated by the COG and are subject to the terms defined within the
Memorandum of Agreement including the Rules of Behavior in Appendix C. Each interoperable system will be
assigned unique authentication credentials, which must be protected by the COG. In the event these credentials are
compromised, the COG is expected to immediately contact the FEMA ]PAWS Program Management Office. The
systems listed below are only allowed to interoperate with IPAWS-OPEN based on the criteria set forth within the
IPAWS-OPEN Web Service Interface Design Guidance.
• CodeRED
Function:
IPAWS-OPEN is the backbone system that structures the alert and distributes the
Function:
message from one interoperating and/or interconnected system (message sender) to
Location:
another interoperating and/or interconnected system (message recipient).
Location:
Bluemont, VA; Clarksville, VA
Description of data,
Messaging data is considered Sensitive But Unclassified (SBU) information and does
including sensitivity or
not contain Personally Identifiable Information (PH), Financial data, Law
classification level:
Enforcement Sensitive Information or classified information. Each message that
flows through the IPAWS-OPEN system will be associated to a specifically assigned
system User ID and COGID as captured within the message elements. This
information will be retained in system logs.
The systems listed below are managed and operated by the COG and are subject to the terms defined within the
Memorandum of Agreement including the Rules of Behavior in Appendix C. Each interoperable system will be
assigned unique authentication credentials, which must be protected by the COG. In the event these credentials are
compromised, the COG is expected to immediately contact the FEMA ]PAWS Program Management Office. The
systems listed below are only allowed to interoperate with IPAWS-OPEN based on the criteria set forth within the
IPAWS-OPEN Web Service Interface Design Guidance.
• CodeRED
Function:
Provides citizens and a large transient population with important life safety
notifications.
Location:
Ormond Beach, FL;
Description of data,
Public alert and warnings pertinent to the well-being of persons in Brazos County,
including sensitivity or
Tx.
classification level:
V4.2, June 20, 2019
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Appendix B
COG Point of Contact Information
Designated COG Primary Point of Contact:
Name: Michele Meade
Title: Emergency Management Coordinator
Business Email Address: mmeade@brazoscountytx.gov
Primary Phone Number: 979-821-1011
Alternate Phone Number:
Organization: Brazos County Emergency Management
Mailing Address: 110 North Main Street Ste 100, Bryan, TX, 77803
Designated Alternate Point of Contact:
Name: Bill Holland
Title: Service Manager
Business Email Address: bholland@brazoscountytx.gov
Primary Phone Number: 979-361-4685
Alternate Phone Number:
Organization: Brazos County Information Technology
Mailing Address: 205 E. 27th Street, Bryan, TX, 77803
Designated Technical Point of Contact:
Name: Bill Holland
Title: Service Manager
Business Email Address: bholland@brazoscountytx.gov
Primary Phone Number: 979-3614685
Alternate Phone Number:
Organization: Brazos County Information Technology
Mailing Address: 205 E. 27th Street, Bryan, TX, 77803
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FEMA: Integrated Public Alert and Warning System
Open Platform for Emergency Networks (IPAWS-OPEN)
Contact Name
Contact Number
Email Address
Summary of System
Responsibilities
Lytwaive Hutchinson
202-212-2480
lytwaive.hutchinson@fema.dhs.gov
Chief Information Officer,
FEMA
Togai Andrews
202-212-7332
togai.andrews@fema.dhs.gov
Chief Information Security
Officer
Mark Lucero
202-646-1386
mark.lucero@fema.dhs.gov
System Owner
Gary Ham
703-899-6241
gary.ham@associates.fema.dhs.gov
FEMA PMO - IPAWS-
OPEN
Gustavo Barbet
202-212-3586
gustavo.barbet@associates.fema.dhs.gov
FEMA IO- IPAWS-
PEN
Neil Bourgeois
703-732-6331
neil.bourgeois@associates.fema.dhs.gov
IPAWS-
FE OPEN TechDIS Lead
OPEN Tech Lead
V4.2, June 20, 2019
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Appendix C
IPAWS-OPEN Rules of Behavior
i "l 1. r r 111411111" r_"
The following rules of behavior apply to all persons with application access to Brazos County Interoperable
System(s) and/or who have been issued a COGID with associated credentials for IPAWS-OPEN. These individuals
shall be held accountable for their actions related to the information resources entrusted to them and must comply
with the following rules or risk losing their access privileges. The Rules of Behavior apply to users on official travel
as well as at their primary workplace (e.g., Emergency Operations Center — EOC) and at any alternative workplace
(e.g., telecommuting from a remote or satellite site) using any electronic device including laptop computers and
portable electronic devices (PED's). PED's include personal digital assistants (PDA's) (e.g. Palm Pilots), cell phones,
text messaging systems (e.g., Blackberry), and plug in and wireless peripherals that employ removable media (e.g.
CDs, DVDs, etc.). PEDs also encompass USB flash memory (thumb) drives, external drives, and diskettes. These
Rules of Behavior are consistent with existing DHS policies and DHS Information Technology (IT) Security
directives and are intended to enhance the awareness of each user's responsibilities regarding accessing, storing,
receiving and/or transmitting information using IPAWS-OPEN.
2.0 APPLICATION RULES
2.1 Official Use
• IPAWS-OPEN is a Federal application to be used only in the performance of the user's official duties in
support of public safety as described in the National Incident Management System (NIMS).
• The use of the IPAWS-OPEN for unauthorized activities is prohibited and could result in verbal or written
warning, loss of access rights, and/or criminal or civil prosecution.
• By utilizing IPAWS-OPEN, the user of the interoperable system(s) consents to allow system monitoring to,
ensure appropriate usage for public safety is being observed.
• Brazos County will be held accountable for safeguarding all configuration items and information entrusted
to them by FEMA. Brazos County is expected to manage the relationship with supporting vendors,
consultants and any other entities providing system support on their behalf. In addition, Brazos County
will be held accountable in the event of a security breach or disclosure of sensitive configuration
information such as digital certificates. Brazos County understands that the use of digital signatures, used
on their behalf, is binding and Brazos County will be held accountable accordingly. In the event sensitive
information is mishandled, utilization of IPAWS-OPEN may be immediately revoked by FEMA.
If software interoperating with IPAWS-OPEN enables users to geo-target public alert messages by means
of geospatial polygons or circles, then the user shall restrict any such geospatial boundaries so as to remain
within the geographical limits of their public warning authority (or as near as possible), as determined by
applicable state and/or local laws and duly adopted operational plans.
2.2 Access Security
All Email addresses provided in connection with interoperable system(s) user accounts must be associated
to an approved email account assigned by the user's emergency management organization. The use of
personal email accounts to support emergency messaging through ]PAWS -OPEN is prohibited.
Upon approval of the MOA by FEMA, a COG account with COGID and Digital Certificate will be created
and issued to the designated technical representative. All individuals with knowledge of these credentials
must not share or alter these authentication mechanisms without explicit approval from the FEMA IPAWS
Program.
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• Every interoperable system user is responsible for remote access security as it relates to their use of
IPAWS-OPEN and shall abide by these Rules of Behavior.
2.3 Interoperable System User Accounts and Passwords
• All users must have a discrete user account ID which cannot be the user's social security number. To
protect against unauthorized access, passwords linked to the user ID are used to identify and authenticate
authorized users.
• Accounts and passwords shall not be transferred or shared. The sharing of both a user ID and associated
password with anyone (including administrators) is prohibited.
• Accounts and passwords shall be protected from disclosure and writing passwords down or electronically
storing them on a medium that is accessible by others is prohibited.
• The selection of passwords must be complex and shall:
o Be at least eight characters in length
o Contain.a combination of alphabetic, numeric and special characters
o Not the same as any of the user's previous 8 passwords.
• Passwords shall not contain any dictionary word.
• Passwords shall not contain any proper noun or the name of any person, pet, child, or fictional character.
Passwords shall not contain any employee serial number, Social Security number, birth date, phone
number, or any information that could be readily guessed about the creator of the password.
• Passwords shall not contain any simple pattern of letters or numbers, such as "gwerty" or "xyz123".
• Passwords shall not be any word, noun, or name spelled backwards or with a single digit appended, or with
a two -digit "year" string, such as 98xyzl23.
• Pass phrases, if used in addition to or instead of passwords, should follow the same guidelines.
• Passwords shall not be the same as the User ID.
• Users shall either log off or lock their workstations when unattended.
• Workstations shall be configured to either log off, or activate a password -protected lock, or password -
protected screensaver within fifteen (15) minutes of user inactivity.
• Locked sessions shall remain locked until the user re -authenticates.
• Workstations shall be protected from theft.
• A user's account shall be automatically locked after three consecutive failed logon attempts.
• The automatic lockout period for accounts locked due to failed login attempts shall be set for a minimum of
twenty (20) minutes.
• A process shall exist for manually unlocking accounts prior to the expiration of the twenty (20) minute
period, after sufficient user identification is established.
• Sessions shall automatically be terminated after sixty (60) minutes of inactivity.
• Users are required to change their passwords at least once every 90 days.
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• Passwords must be promptly changed whenever a compromise of a password is known or suspected.
2.4 Integrity Controls & Data Protection
• All computer workstations accessing IPAWS-OPEN must be protected by up-to-date anti-virus software.
Virus scans must be performed on a periodic basis and when notified by the anti-virus software.
• Users accessing interoperable system(s) to utilize IPAWS-OPEN must:
o Physically protect computing devices such as laptops, PEDs, blackberry devices, smartphones, etc;
o Protect sensitive data sent to or received from IPAWS-OPEN;
o Not use peer-to-peer (P2P) file sharing, which can provide a mechanism for the spreading of
viruses and put sensitive information at risk;
o Not program computing devices with automatic sign -on sequences, passwords or access
credentials when utilizing IPAWS-OPEN.
Users may not provide personal or official IPAWS-OPEN information solicited by e-mail. If e-mail messages are
received from any source requesting personal information or asking to verify accounts or other authentication
credentials, immediately report this and provide the questionable e-mail to the Local System Administrator and/or the
Brazos County Help Desk.
• Only devices officially issued through or approved by DHS, FEMA and/or approved emergency
management organizations are authorized for use to interoperate with IPAWS-OPEN and use of personal
devices to access and/or store IPAWS-OPEN data and information is prohibited.
• If a Blackberry, smartphone or other PED is used to access the interoperable system(s) to utilize IPAWS-
OPEN, the device must be password protected and configured to timeout or lock after 10 minutes of
inactivity.
• If sensitive information is processed, stored, or transmitted on wireless devices, it must be encrypted using
approved encryption methods.
2.5 System Access Agreement
• I understand that I am given access to the interoperable system(s) and IPAWS-OPEN to perform my
official duties.
• I will not attempt to access data, information or applications I am not authorized to access nor bypass
access control measures.
• I will not provide or knowingly allow other individuals to use my account credentials to access the
interoperable system(s) and IPAWS-OPEN.
• To prevent and deter others from gaining unauthorized access to sensitive resources, I will log off or lock
my computer workstation or will use a password -protected screensaver whenever I step away from my
work area, even for a short time and I will log off when I leave for the day.
• To prevent others from obtaining my password via "shoulder surfing", I will shield my keyboard from view
as I enter my password.
• I will not engage in, encourage, or conceal any hacking or cracking, denial of service, unauthorized
tampering, or unauthorized attempted use of (or deliberate disruption of) any data or component within the
interoperable system(s) and IPAWS-OPEN.
• I agree to inform my Local System Administrator when access to the interoperable system(s) and/or
12
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IPAWS-OPEN is no longer required.
I agree that I have completed Computer Security Awareness training as may be required by my jurisdiction
prior to my initial access to the interoperable system(s) and IPAWS-OPEN and that as long as I have
continued access, I will complete Computer Security Awareness training on an annual basis. If my
jurisdiction does not provide Computer Security Awareness training, I will complete the FEMA self -study
course IS -906: Workplace Security Awareness (https://training.fema.gov/is/courseoverview.aspx?code=IS-
906) on an annual basis.
2.6 Accountability
• I understand that I have no expectation of privacy while using any services or programs interoperating with
1PAW S -OPEN.
• I understand that I will be held accountable for my actions while accessing and using interoperable
system(s) and IPAWS-OPEN, including any other connected systems and IT resources:
• I understand it is my responsibility to protect sensitive information from disclosure to unauthorized persons
or groups.
• I understand that I must comply with all software copyrights and licenses pertaining to the use of IPAWS-
OPEN.
2.7 Incident Reporting
• I will promptly report IT security incidents, or any incidents of suspected fraud, waste or misuse of systems
to the Local System Administrator and/or the Brazos County Help Desk.
3.0 IPAWS-OPEN Rules of Behavior Statement of Acknowledgement
I have read and agree to comply with the requirements of these Rules of Behavior. I understand that the terms of this
agreement are a condition of my initial and continued access to Brazos County Interoperable System(s) and
IPA WS -OPEN and related services and that ifl fail to abide by the terms of these Rules of Behavior, my access to
any and all IPA WS -OPEN information systems may be terminated and I may be subject to criminal or civil
prosecution. I have read and presently understand the above conditions and restrictions concerning my access.
Printed Name (as listed in Appendix B):
Signature:
V4.2, June 20, 2019
Date:
13
Vol.. � � P9.1:-
Applicatlonfor IPAWS .Public Alerting Authority
COG Name: 'TX Brazos County Emergency Management COG ID#: 201162 _
Geographic Area of Responsibility: [List the name's(s) and FIPS Codes(s) for your geographic area of
responsibility. Attach additional pages as needed.]
Name: FIPS Code:
Brazos County 48041
Event Codes: [Check all that apply for WEA, EAS, and NWS dissemination systems.]
Event Code
.EventUesc"ription.:
WEA
ADR.
Administrative Message
Practice/Demo Warning
AVA
Avalanche Watch
EVI
Evacuation Immediate.
AVW
Avalanche Warning
HMW
Hazardous (Materials Warning
LAE
BLU
Blue Alert
Law Enforcement Warning
NUW
Nuclear Power Plant Warning
CAE
Child Abduction -Emergency
RMT
Required Monthly Test
RWT
CDW
Civil Danger Warning
CEM
Civil Emergency Message
DMO
Practice/Demo Warning
ECIW
Earthquake Warning
EVI
Evacuation Immediate.
FRW
Fire Warning
HMW
Hazardous (Materials Warning
LAE
Local Area Emergency
LEW
Law Enforcement Warning
NUW
Nuclear Power Plant Warning
RHW
Radiological Hazard Warning
RMT
Required Monthly Test
RWT
Required Weekly Test
SPW
Shelter. In-place Warning
TOE
911-Teiephone Outage'Emergency
VOW
Volcano Warning
'The' undersigned has reviewed_(hla application. '1 he public
with .the state Emergency Alert System plan, AMBER Alert
N/A
N/A
State:Only t
i• -
alertingauthortle5,iequestetl by the:;appticant are consistent
'System plan, orbtheroperational public warning plans_;
FEMA FORM xxx-x xxx
01/19
Page 2 of 2
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OFJUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
January 1, 2020 - December 31, 2020
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between
Falls, Milam, and Robertson Counties, acting by and through its duly authorized representative (hereinafter
"Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized
representative and County Judge, concerning detention residential services provided at the Brazos County
Juvenile Justice Center (hereinafter "the Facility") by the Brazos County Juvenile Services Department
(hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any
other appropriate State agency with licensure or regulatory authority over this facility.
PURPOSE
1.00 Whereas Falls, Milam, and Robertson Counties, in order to carry out and conduct its juvenile program in
accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention
facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of
delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court.
The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is
located at 1904 HWY 21 W., Bryan, Texas 77803.
TERM
2.00 The term of this Agreement is for 12 months commencing January 1, 2020 - December 31, 2020. It shall be
automatically renewed for one (1) year terms thereafter, commencing January 1st and ending December 31St of
each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said
term, of its intention to not renew this Agreement.
PROVISIONS OF SERVICES
3.01 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.
3.02 If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility
("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized
to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless
Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation
officials of Outside Treatment within twenty-four (24) hours of its occurrence.
V01. 1 0 pg.
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
3.03 Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating
a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility
under the authority of any juvenile court having jurisdiction or its designated official. Children not released
within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Falls,
Milam and Robertson Counties juvenile court in accordance with the Texas Family Code, Title III (Section 54.01).
If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility
prior to the child's re -admission.
3.04 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.
3.05 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.
3.06 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.
3.07 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.
3.08 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).
3.09 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.
3.10 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.
3.11 It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility
shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants
or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the
conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has
been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility,
or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is
received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The
same understanding and agreement between the parties exists with the exception that court orders may authorize
detention for up to fifteen (15) working days after the initial hearing and detention period.
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Detention Services Agreement
January 1, 2020— December 31, 2020
3.12 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) item 3.05 (b) an Order of Release signed by the
Judge(s) of the Juvenile Court of Falls, Milam, and Robertson Counties.
3.13 Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice
Department and all applicable State and Federal law.
3.14 Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by
detention staff during sleeping hours in a Secure Facility.
3.15 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.
3.16 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.
3.17 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 Houston County shall control the conditions and terms of detention supervision as to a
particular child pursuant to the Texas Family Code, Section 51.12.
COMPENSATION
4.00 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.
4.01 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.
4.02 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.
4.03 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
compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile
Probation in a timely manner. If payntents are not received tirnely, acceptance of youth will be denied until full patfrttent is
received.
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from
Juvenile Probation under this contract. Service Provider shall account separately for state funds received and
expended utilizing the following Generally Accepted Accounting Practices (GAAP):
4.041 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.
4.042. If Service Provider does not obtain an annual outside audit, then Service Provider shall
provide a separate accounting of funds received from Juvenile Probation in whole or in
part paid from state funds. The accounting shall clearly list the state funds received
from Juvenile Probation and account for expenditures of said funds including
documentation of appropriate expenditures as well as the year's tax forms and
documentation. The accounting shall be provided to Juvenile Probation thirty (30) days
prior to the renewal date of the contract.
4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or
state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not
available or are not appropriated by the Texas Legislature.
4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal
Officer. Service Provider will not contact other department employees regarding any claims of payment.
4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code
Section 231.006.
4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate
in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the
dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation
before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to
mediate the dispute, and the parties shall pay the costs of mediation services equally.
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 Falls, Milam, and Robertson Counties.
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.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as
requested on forms provided by Juvenile Probation.
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Detention Services Agreement
January 1, 2020— December 31, 2020
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.
CONFIDENTIALITY OF RECORDS
7.00 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.
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:
8.011 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:
Local law enforcement agency; and
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 toIl-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) 883-3346 and Service Provider
shall contact juvenile Probation by telephone at (254) 883-1429 within 24 hours.
8.012 For allegations and incidents of sexual abuse or serious physical abuse:
Local law enforcement agency immediately, but no later than one (1) hour from the time a person
gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report
shall be made by phone to law enforcement;
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
Vol. C7 Pg.2�2-1
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020—December 31, 2020
of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile
number 1-512-424-6716 or by email at abusene leg ctgjd.texas.gov and
With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (254) 883-3346.
8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written
statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the
occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is
not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall
be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas
Family Code Chapter 261.
8.03 As used within this Agreement:
8.031 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.
8.032 A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth
physical assault or youth sexual conduct.
8.033 Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact
or sexual abuse by non -contact.
8.034 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.
8.035 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.
8.036 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.
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns,
volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have
direct unsupervised access to children in the facility or program.
9.02 Criminal history searches shall include the following:
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Detention Services Agreement
January 1, 2020— December 31, 2020
9.021 Texas criminal history fingerprint -based criminal history background search through the Texas
Department of Public Safety.
9.022 Local law enforcement sex offender registration records check through the Public Sex Offender
Registry on the Texas Department of Public Safety website.
9.023 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: .
9.041 A felony conviction against the laws of this state, another state, or the United States within the past
ten (10) years;
9.042 A deferred adjudication for a felony against the laws of this state, another state, or the United States
within the past ten (10) years;
9.043 A current felony deferred adjudication, probation or parole;
9.044 A jailable misdemeanor conviction against the laws of this state, another state, or the United States
within the past five (5) years;
9.045 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;
9.046 A current jailable misdemeanor deferred adjudication, probation or parole; or
9.047 The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal
Procedure.
9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an
individual must not have direct unsupervised access to children in a facility or program until at least one year has
elapsed since the completion of any period of incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall
be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice
program.
9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history
from being placed in a position that involves direct unsupervised contact with children.
7
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Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020—December 31, 2020
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:
10.011 Any and all corrective action required by any of Service Provider's licensing authorities;
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;
10.012 Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider
that has direct contact with children;
10.013 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;
10.014 The identity of any of the Service Providers employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that are registered sex offenders; and
10.015 The identity of any of Service Providers 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.
EQUAL OPPORTUNITY
11.00 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.
ASSIGNMENT & SUBCONTRACT
12.00 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this
Agreement without the written consent of Juvenile Probation.
OFFICIALS NOT TO BENEFIT
13.00 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.
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Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
DEFAULT
14.00 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:
14.001 If Service Provider fails to perform the work called for by this Agreement within the time specified
herein or. any extension thereof; or
14.012 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.
TERMINATION
15.01 This Agreement maybe terminated for any reason:
15.011 By either party upon ten (10) days written notice to the other party of the intention to terminate;
or
15.012 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.
WAIVER OF SUBROGATION
16.00 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.
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
170.011 That it has all necessary right, title, license and authority to enter into this Agreement;
17.012 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;
17.013 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.
Vol. P9•
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
17.0.14 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.
TEXAS LAW TO APPLY
18.00 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.
19.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas.
LEGAL CONSTRUCTION
20.00 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.
PRIOR AGREEMENTS SUPERSEDED
21.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior
understandings or written or oral Agreement between the parties respecting the within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or
an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the
children placed in the Facility by the Judge of Falls, Milam and Robertson Counties having juvenile jurisdiction.
PRISON RAPE ELIMINATION ACT
22.00 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and
standards applicable to the provision of services described herein and the performance of all obligations
undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which
establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons,
including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and
sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)]
Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available
to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the
allegation, and all such data may be requested by the Department of Justice from the previous calendar year no
later than June 30th [PREA §115.387(e) and (01
10
Vol. c ) 0 Pg.
Falls, Milam and Robertson Counties
Probation Department
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
Brazos County Juvenile Justice Center
Jennifer Lopez Linda Ricketson Date
Chief Juvenile Probation Officer Executive Director
Falls, Milam and Robertson Counties
Authorized Official
BRAZOS COUNTY COMMISSIONERS COURT
ON X't k .20 aC , FULLY EXECUTED IN DUPLICATE, EACH OF
WHICH SHALL HAVE TSL FORCE AND EFFECT OF AN ORIGINAL.
Duane Pete1q, County Judge IV
Chairman, Brazos County Juvenile Board
200 S. Texas Ave., Ste. 332
Bryan, TX.77803
Phone: 979-361-4102
Fax: 979-361-4503
11
Vol. Pg. �a
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with provisions of the Brazos County Juvenile Probation
Department, hereinafter called "JUVENILE DEPARTMENT and Father Flanagan's Boys'
Home hereinafter called "SERVICE AGENCY," by this Agreement, and In consideration of the
mutual promises set forth below agree to the following:
I. PROVISIONS OF SERVICE AND COMPENSATION
A. The SERVICE AGENCY agrees to provide the following residential services for
housing and supervision of alleged or adjudicated juvenile offenders placed in licensed juvenile
care facilities by the JUVENILE DEPARTMENT (hereinafter referred to as "residents', which
services shall be limited to:
1. Provide secure and/or non -secure residential facilities for residents at the Levels of
Care indicated in Exhibit Nos. 1 and 2 (which are attached hereto and
incorporated herein for all purposes);
2. Each resident placed In SERVICE AGENCY's residential facilities pursuant to this
Contract shall have access to the community to achieve treatment or correctional
objectives through applicable educational or employment programs provided by
SERVICE AGENCY. SERVICE AGENCY's residential facilities and services described
on Addendum #1 and #2 attached hereto are not primarily used for (a) the
confinement or detention of juvenile residents or others, or (b) the resMction of the
movements and activities of juvenile residents or subject juvenile residents to control
through the use of physical barters or Intensive supervision.
3. Provide medical attention for each resident placed in the SERVICE AGENCY's facilities
In accordance with Paragraph 0 of this Article I;
4. Provide crisis intervention for each resident placed in the SERVICE AGENCY's
facilities at the Levels of Care indicated In Exhibit Nos. 1 and 2, including all
emergency counseling and routine counseling for each resident, as necessary;
5. 5. SERVICE AGENCY will be financially responsible for all medical, dental,
psychiatric, pharmacy, optometry, and therapeutic care provided to a youth up to a
maximum of $5,000 annually. Any medical, dental, pharmacy or optometry needs
that exceed the $5,000 maximum annually will be the financial responsibility of the
Juvenile Department, THE SERVICE AGENCY will make reasonable efforts to bill third
party payors, including Medicaid, for the aforementioned health care expenses based
on information provided by the Agency. If the SERVICE AGENCY not reimbursed
-y third party payors exceeding $5,000 annually, the ]uvenile Department shall be
financially responsible for fifty percent (50%) of the gross charges for such health
care expenses provided by FFBH providers and shall reimburse the SERVICE AGENCY
for one hundred percent (100%) of the health care expenses FFBH purchased from
external or non-FFBH providers;
E
31 0 pg.
6. Participate In the formulation, preparation, review and modification of an Individual
Program Plan (IPP) for each resident, pursuant to Article II herein,
7. Prepare and maintain a written progress report for each resident, as provided in
Paragraph I of this Article I; and
7. Maintain records for residents in accordance with applicable laws and regulations
and the provisions hereof.
B. As consideration for the above-spedfled services, the JUVENILE DEPARTMENT
agrees to pay the SERVICE AGENCY the amounts set forth on Exhibit No. 2 attached hereto,
which are calculated per resident for each day In which each resident Is provided services by
SERVICE AGENCY hereunder,
C. Recognizing that a resident's rehabilitation program may include scheduled time
away from the residential setting of the SERVICE AGENCY, such as weekends, holidays, etc.,
and that the SERVICE AGENCY must retain space for a resident during a scheduled absence
until his/her return, the JUVENILE DEPARTMENT will pay the SERVICE AGENCY the amounts
agreed upon in Exhibit No. 2 for such scheduled absence days; provided, however, that the
JUVENILE DEPARTMENT will not be responsible for paying to retain space for any resident for
an absence of more than three (3) consecutive days, unless the SERVICE AGENCY has obtained
prior approval from the JUVENILE DEPARTMENT.
D. If a resident makes an unauthorized departure from the residential setting of the
SERVICE AGENCY, the JUVENILE DEPARMENT shall be notified immediately. If the absent
resident returns to the SERVICE AGENCY within three (3) days or prior to the last billing day of
the month, whichever occurs first, the SERVICE AGENCY shall be entitled to bill JUVENU
DEPARTMENT for those days in the monthly billing period the resident was absent from the
SERVICE AGENCY, provided that the JUVENILE DEPARTMENT shall not be required to pay for
an unauthorized absence extending beyond three (3) consecutive days, regardless of applicable
billing period.
E. The SERVICE AGENCY is under no obligation to retain space for a resident
absent without authorization.
F. Payment by the JUVENILE DEPARTMENT is to be made monthly, Billing for
payment will be submitted by the SERVICE AGENCY for each calendar month no later than ten
(10) days from the last day of the month for which payment Is being requested, and the
JUVENILE DEPARTMENT shall pay such invoices within 30 days of the date of such receipt.
G. Each billing should be itemized to contain -the PID# of each resident for whom
payment is being requested, the number of days each resident was in residence during that
billing month, and each resident's Level of Care for the billing month. SERVICE AGENCY will be
provided resident's PID# at time of admission.
H. The SERVICE AGENCY is under no obligation to accept any juvenile for residency
who is deemed by the SERVICE AGENCY to be inappropriate for placement In Its facilities.
I. The SERVICE AGENCY shall provide each resident's Probation Officer, as
designed by the JUVENILE DEPARTMENT, with a written report of the resident's progress on a
monthly basis.
J. If a resident in placement at the SERVICE AGENCY makes an unauthorized
departure, becomes seriously ill, or is Involved in an incident of a serious nature, the SERVICE
AGENCY shall notify the resident's designated Probation Officer and the JUVENILE
DEPARTMENT designated Placement Officer immediately, and shall ensure that parents and
proper authorities, including the Texas Department of Human Services, are also notified
Immediately.
K. The JUVENILE DEPARTMENT reserves the right to terminate a resident's
placement at the SERVICE AGENCY at Its discretion. The SERVICE AGENCY must not release a
resident to any person or agency other than the JUVENILE DEPARTMENT without the prior
express written consent of the JUVENILE DEPARTMENT or by court order.
L. Prior written approval must be obtained from the JUVENILE DEPARTMENT
before any resident's participation in any furloughs, home visits, field trips or extended agency
trips.
M. Unless otherwise stipulated by the JUVENILE DEPARTMENT, a resident may
freely visit with parents and relatives at the SERVICE AGENCY, in accordance with established
SERVICE AGENCY policies, rules and procedures.
N. JUVENILE DEPARTMENT and SERVICE AGENCY shall comply with the child abuse
reporting requirements and other provisions of the Nebraska Child Protection Act, Neb. Rev.
Stat. 28-710, etseq. In addition, suspected or alleged cases of child abuse of a resident placed
by the JUVENILE DEPARTMENT at the facilities of SERVICE AGENCY must be immediately
reported to the following: (a) BRAZOS COUNTY JUVENILE PROBATION; (b) local law
enforcement agency; and (c) Texas Juvenile Justice Department by submitting a TJJD Incident
Report Form to facsimile number (512) 424-6717 or by calling (877) 786-7263, followed by
submitting the report within 24 hours of the call.
0. The SERVICE AGENCY shall not dispense prescription medication to residents
without prior approval of a physician and notification of the JUVENILE DEPARTMENT; and, it is
further provided that the SERVICE AGENCY shall obtain emergency medical care and
hospitalization for residents as needed, recognizing that emergency medical care and
hospitalization are the responsibility of residents' parents and the JUVENILE DEPARTMENT must
be given notice within twenty-four (24) hours of any emergency treatment or hospitalization.
P. All identifying Information pertaining to each referral shall be maintained In
strictest confidence, in accordance with applicable state and federal laws.
Q. PRISON RAPE ELIMINATION ACT
If applicable, 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
Vol. pg.
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 Chief Juvenile Probation Officer, or designee, all incident -based
aggregated data reports for every allegation of sexual abuse at its facility within 24 -hours of the
allegation, and all such data may be requested by the Department of Justice from the previous
calendar year no later than June 30th [PREA §115.387(e) and (f)].
Please note that PREA is not applicable to SERVICE AGENCY, as described above, for the
following reasons:
SERVICE AGENCY's residential facilities and services described on Addendum #1 and #2
attached hereto are not primarily used for (a) the confinement or detention of juvenile residents
or others, or (b) the restriction of the movements and activities of juvenile residents or subject
juvenile residents to control through the use of physical barriers or Intensive supervision.
II. INDIVIDUAL PROGRAM PLAN AND FAMILY INVOLVEMENT
A. Each resident placed with the SERVICE AGENCY shall have a written
Individualized Program Plan (IPP) developed in concert with the resident and mutually agreed
upon by the appropriate SERVICE AGENCY and JUVENILE DEPARTMENT prior to placement.
B. The IPP shall be reviewed jointly by the SERVICE AGENCY, the resident, and the
JUVENILE DEPARTMENT at reasonable intervals, not to exceed ninety (90) days, to assess the
resident's progress; modifications of the IPP shall be made when reasonably required.
C. The IPP shall contain the reasons why the placement will benefit the resident
and shall specify behavioral goals and objectives that are to be achieved in the SERVICE
AGENCY placement; and, the IPP shall state a plan as to how the parent(s) and/or guardian(s)
shall be involved o assist In preventing or controlling the resident's alleged delinquent behavior
or alleged conduct indicating a need for supervision.
D. Copies of the original IPP and the periodic reviews are to be maintained by the
SERVICE AGENCY and the JUVENILE DEPARTMENT.
III. EXAMINATION OF PROGRAM AND RECORDS
A. The SERVICE AGENCY agrees that it will permit the JUVENILE DEPARTMENT to
examine and evaluate its program of services provided under the terms of this Agreement, and,.
subject to applicable privacy laws, to review the SERVICE AGENCY's resident records that
pertain only to the placed resident. The JUVENILE DEPARTMENT must provide reasonable prior
notice prior to such examination and evaluation. This examination and evaluation of the
program will include observation of programs in operation, Interviews, and the submission of
questionnaires to the staff of the SERVICE AGENCY and the residents placed by the JUVENILE
DEPARTMENT.
B. The SERVICE AGENCY shall provide to the JUVENILE DEPARTMENT such
Information on residents placed by the JUVENILE DEPARTMENT as requested on forms provided
by the JUVENILE DEPARTMENT.
C. The SERVICE AGENCY agrees to maintain and, upon reasonable prior notice,
make available for Inspection, audit, or reproduction by an authorized representative of the
JUVENILE DEPARTMENT and the State of Texas, books, documents, and other evidence
pertaining to the costs and expenses of this Agreement, hereinafter called the "Records."
D. The SERVICE AGENCY agrees to maintain these Records for seven (7) years after
final payment.
IV. GOALS, OUTPUT, AND MEASURABLE OUTCOMES
A. The SERVICE AGENCY agrees to pursue the goals and.values of the JUVENILE
DEPARTMENT through providing services to each resident, which services enable resident
growth and development to the resident's fullest potential. This development will be
accomplished through provision of a safe, drug-free environment in which services are utilized
as tools for educational, emotional, and behavioral catharsis. It Is the parties' Intent that each
IPP agreed to by the JUVENILE DEPARTMENT satisfies the requirements of this provision.
B. The SERVICE AGENCY shall provide the JUVENILE DEPARTMENT information that
outlines the output measures of the services provided to its residents. This Information shall be
provided to the JUVENILE DEPARTMENT within ten (10) business days from execution of this
Agreement and within ten (10) business days following any revisions or updates of that
Information. These output measures may include, but are not limited to:
1. Average length of stay of residents;
2. Specific types of milieu implemented by the SERVICE AGENCY;
3, Average number of counseling hours provided each resident dally, weekly, or
monthly; and
4. Number and types of reporting measures.
C, The SERVICE AGENCY agrees tp furnish the JUVENILE DEPARTMENT information
on annual indicators which measure the outcomes of effectiveness of the SERVICE AGENCY in
providing public benefits from -Its residential services This"lnforrrmadon will be furnished to -the
JUVENILE DEPARTMENT within ten (10) business days.frorn the execution of this Agreement
and within ten (10) business days from any annual" update of such Information. These
measurable outcomes may include:
1. The percentage of residents successfully completing the program.
2. The percentage of residents who are reunited with family or guardians.
3. The percentage of youth who remain drug-free, do not re -offend andior
remain in school for a designated aftercare period.
V. CONFIDENTIALITY OF RECORDS
Service Provider shall maintain strict confidentiality of all information and records relating to
children placed by Contracting County and shall not re -disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
required by law.
Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter 380,
Subchapter G, Division 1, Rule §380.9909, relating to Access to Youth Information and Records.
W. FEE ASSESSMENT
A. Residents or their families shall not be assessed fees for services by the SERVICE
AGENCY, unless the Court orders fee arrangements. The SERVICE AGENCY and the -JUVENILE
DEPARTMENT shall not be precluded from reasonable attempts to seek voluntary contributions
from families of residents for donations of clothing, personal articles, and funds to assist in
supporting a youth's rehabilitation.
B. If a resident is eligible for fiscal support from another agency or organization, the
SERVICE AGENCY shall ensure that the JUVENILE DEPARTMENT Is not billed for such fiscal
support for which the resident is otherwise eligible.
VI. EQUAL OPPORTUNITY
A. Services shall be provided by the SERVICE AGENCY in compliance with the Civil
Rights Act of 1964. The SERVICE AGENCY will not discriminate against any employee, applicant
for employment, or resident because of race, religion, color, sex, national origin, age, or
handicapping condition.
B. The SERVICE AGENCY will take affirmative action to ensure that applicants are
recruited, hired and trained, and that employees are treated fairly during employment, without
regard to their race, religion, color, sex, national origin, age, or handicapping condition.
C. The SERVICE AGENCY agrees that it shall adopt and Implement workplace
guidelines-concernin
g persons With-AIDS--HIV---infection - and -shall --also -develop - and
implement guidelines regarding confidentiality of AIDS and HN related medical information for
employees of said SERVICE AGENCY and for residents, staff and residents served by the
JUVENILE DEPARTMENT.
VII. OFFICIALS NOT TO BENEFIT '
Vol.. 31 � Pg. �_
A. No officer, member or employee of the JUVENILE DEPARTMENT or SERVICE
AGENCY, nor any member of their governing bodies, nor any other public officlal of the
governing body of the locality or localities In which the project Is situated or being carried out
who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of this project, shall participate In any decision relating to this Agreement which
affects his personal interest, have any personal or pecuniary Interest, direct or indirect, in this
Agreement or the proceeds thereof.
VIII. DEFAULT
A. The JUVENILE DEPARTMENT may, by written notice of default to the SERVICE
AGENCY, terminate this Agreement in whole or in part, if the SERVICE AGENCY falls to perform
any of the provisions of this Agreement for 30 days' following written notice from the JUVENILE
DEPARTMENT.
0. Upon such an occurrence, the JUVENILE DEPARTMENT may grant the SERVICE
AGENCY an extension of time to cure such failure; provided, however, that If SERVICE AGENCY
fails to cure such failure within a period of ten (10) days from such extension authorized by the
JUVENILE DEPARTMENT, the JUVENILE DEPARTMENT may terminate this Agreement in writing.
IX. ASSURANCES
A. Services provided under this Agreement shall be provided in accordance with all
applicable local, state and federal rules, regulations, laws, statutes or ordinances.
B. The SERVICE AGENCY certifies compliance with all terms, provisions and
requirements of Title VI and VII, Civil Rights Act of 1964, the Americans with Disabilities Act of
1990, and any other federal, state or local rule, regulation, law, statute or ordinance applicable
to the performance of this Agreement.
C, The SERVICE AGENCY certifies that It and/or its staff have obtained all necessary
licensing and permitting to enable It to carry out Its obligations under this Agreement and that
SERVICE AGENCY and its staff has professional liability insurance.
D. The SERVICE AGENCY agrees to account separately for the receipt and
expenditure of any and all state funds received from the JUVENILE DEPARTMENT under this
Agreement.
E. Either party to this Agreement may be a covered entity under the Healthy
Insurance Portability and Accountability Act (HIPAA). The .SERVICE AGENCY shall, during .the
term of this Agreement, remain in compliance with all of the applicable HIPAA regulatory
provisions. The JUVENILE DEPARTMENT reserves the right -to receive assurance of compliance,
including but not Iimitad to, Insppction of the SERVICE AGENCY's HIPAA policies, .procedures
and practices. The SERVICE AGENCY shall Inform the JUVENILE DEPARTMENT of any breaches
or violations that may occur during the term of this Agreement, including breaches or violations
made by business associates, representatives or agents of the JUVENILE DEPARTMENT. Failure
to comply with this provision is a breach of this Agreement and In JUVENILE DEPARTMENT's
sole discretion may result in termination of this Agreement or other appropriate action.
X. TERM AND TERMINATION
A. The term of this Agreement shall be for one (1) year, commencing on
November 15, 2019 and terminating on November 14, 2020.
B. This Agreement may be terminated by either party by giving ten (10) days
written notice to the other party hereto of the intention to terminate.
C. Termination by the SERVICE AGENCY of any services to any resident shall occur
only after first notifying the JUVENILE DEPARTMENT of the causes and with at least ten (10)
days notice to allow alternate placement or refenal for service elsewhere.
XI. INSURANCE, INDEMNIFICATION, AND VENUE
A. The SERVICE AGENCY certifies that it has In place insurance against personal
injury and property damage that may be suffered by any person or entity as a result of the use
of its residential facilities used in performance of its obligations hereunder.
B. The SERVICE AGENCY shall indemnify the JUVENILE DEPARTMENT and BRAZOS
COUNTY and hold the JUVENILE DEPARTMENT and BRAZOS COUNTY harmless for any
injury, claim or property damage or loss suffered by any party as a result of the negligence or
intentional acts of SERVICE AGENCY relating to SERVICE AGENCYls provision of services under
this Agreement, SERVICE AGENCY shall not be required to indemnify or hold harmless the
JUVENILE DEPARTMENT or BRAZOS COUNTY for the negligence or intentional acts of the
employees, agents, representatives, or volunteers of the JUVENILE DEPARTMENT or BRAZOS
COUNTY.
C. The JUVENILE DEPARTMENT and BRAZOS COUNTY shall indemnify and hold
harmless the SERVICE AGENCY and its affiliates, officers, directors, employees, volunteers, and
contractors for any Injury, claim or property damage or loss suffered by SERVICE AGENCY
and/or its affiliates, officers, directors, employees, volunteers, and/or contractors as a result of
the negligence or intentional acts of the JUVENILE DEPARTMENT relating to the JUVENILE
DEPARTMENT'S performance under this Agreement. Neither the JUVENILE DEPARTMENT nor
BRAZOS COUNTY shall be required to Indemnify or hold harmless the SERVICE AGENCY for
the negligence or intentional acts of the employees, agents, representatives, or volunteers of
the SERVICE AGENCY,
D. This Agreement Is executed and entered into in the State of Nebraska. This
Agreement shall be construed, performed, and enforced In accordance with Nebraska law,
including -the -provisions for conflict -of laws.- Venue for -any -action arising from this Agreement
shall lie in Douglas County, Nebraska.
XII. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any
reason be held 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
Vol. pg. 9c)
construed as if such invalid, illegal, or unenforceable provision had never been contained
therein.
XIII. DISPUTE RESOLUTION
The parties agree to cooperate to resolve differences in interpretation of this Agreement
or to resolve disputes as to the adequacy of the parties' compliance with their respective
obligations under this Agreement. Within ten (10) working days of the execution of this
Agreement, each party shall designate one (1) person to act as that party's representative for
dispute resolution purposes and shall notify the other party of the person's name, business
address, telephone number and e-mail address. Within ten (10) business days from delivery of
a written request by one party's representative to the other for dispute resolution, the
representatives shall confer to attempt to resolve the disagreement. Nothing in this Agreement
shall preclude either party from seeking relief from a court of law relating to any differences or
disputes arising under this Agreement. The obligations of this paragraph survive termination or
expiration of this Agreement.
ON 1\ , . 2020, FULLY EXECUTED IN DUPLICATE,
EACH OF WHICH SHALL R&E THE FULL FORCE AND EFFECT OF AN ORIGINAL.
BRAZOS COUNTY COMMISIONERS COURT
By:
Duane Peter&VCounty Judge
Juvenile Board Chair
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
BRAZOS OUNTY JUVENILE P OBATION DEPARTMENT
By: 7,0
Linda Ricketson
FATYElt FLANAGAN'S BOYS' HOME
Ms. Barbara Vollmer, Executive Vice President and Director of Youth Care
Father Flanagan's Boys' Home
13603 Flanagan Boulevard
Boys Town, Nebraska 68010
Phone: 531-355-1928
Fax: 531-355-1925
va: Ps. gl�.
EXHIBIT #1
Residential Treatment Center
The Boys Town Residential Treatment Center is a medically directed program for children with
psychiatric disorders. These children's serious behavior Issues require that they receive
intensive treatment in a short-term residential setting. A facility -secure environment is offered
for more seriously troubled children who require around-the-clock supervision, Intense therapy
and numerous other safety and program features.
The Center is licensed by the Nebraska Department of Health and Human Services as a Mental
Health Center and Child Caring Agency. As part of Boys Town National Research Hospital®,
the Center is accredited by The Joint Commission.
Enhanced Family Home Program
At this service level, the care provided In the Boys Town Enhanced Family Home Program is
based on a research -proven and evidenced based model of care. Youth live in a family -style
home and receive care from professionally trained staff called Family -Teachers. Four to six boys
or girls, usually ages 10 to 14, live in each home. Youth residing in these homes are in need of
more intense supervision, structure, monitoring and oversight within a smaller staff ratio
"family" home. Using the same evidence -based Family Home Model of Care, the smaller staff
ratio allows for an Increased number of teaching interactions to address higher needs of these
youth. Enhanced Family Homes have additional security features and overnight awake staff,
while still providing compassionate, effective care In a family style environment. The children
also learn social skills, attend school, participate In extracurricular activities and take part In
daily chores and activities. With a focus on reunification, the Family -Teaching staff works with
families to achieve permanency, safety, and child well-being.
Youth admitting to the program are first served by using our research proven evidenced based
model of care, which is a teaching model. If it is determined that a youth could benefit from
therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual,
family or group therapy based on an assessment. For youth on medications they will be
referred for medication management.
Family Home Program
At this service level, the care provided In the Boys Town Family Home Program is also based
on a research -proven and evidenced based model of care. Youth live in a family -style home
and receive care from professionally trained married couples called Family Teachers. Six to
eight boys or girls, usually ages 10 to 18, live in each home. The couple and a full-time
Assistant Family -Teacher are responsible for providing monitoring and supervision for youth in
their daily living and -structured activities: This includes meetingthe educatloml,-emodonal, and
behavioral needs of the youth in care. A major focus of this program is teaching youth social,
independent -living, and educational skills, and helping them build healthy relationships with
others, With a focus on reunification, the Family -Teaching staff works with families to achieve
permanency, safety, and child well-being.
10
Vol. io Pg. Ga
Youth admitting to the program are first served by using our research proven evidenced based
model of care, which is a teaching model. If it is determined that a youth could benefit from
therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual,
family or group therapy based on an assessment. For youth on medications they will be
referred for medication management.
11
Vol. 10 Pg.
EXHIBIT #2
I. Payment Terms and Conditions: SERVICE AGENCY shall be compensated for services at
the following unit rate: $576.00 per day for Residential Treatment Services;
$197.69 per day per youth for Enhanced Family Home Services and; $162.30 for
Family Home Services. SERVICE AGENCY shall be compensated for the date of the
youth's entry into SERVICE AGENCY'S facility or program, but not for the date of youth's
discharge from SERVICE AGENCY's facility or program. The JUVENILE DEPARTMENT
shall make payment within thirty (30) days of submission of an Invoice.
2. Medial, Dental Pharmacy and Ogtomety: Agency will be financially responsible for all
medical, dental, psychiatric, pharmacy, optometry, and therapeutic care provided to a
youth up to a maximum of $5,000 annually. Any medical, dental, pharmacy or
optometry needs that exceed the $5,000 maximum annually will be the financial
responsibility of the Juvenile Department, The Service Agency will make reasonable
efforts to bill third party payors, Including Medicaid, for the aforementioned health care
expenses based on Information provided by the Juvenile Department. If the Service
Agency is not reimbursed by third party payors exceeding $5,000 annually, the Juvenile
Department shall be financially responsible for fifty percent (50%) of the gross charges
for such health rare expenses provided by FFBH providers and shall reimburse FFBH for
one hundred percent (100%) of the health rare expenses FFBH purchased from external
or non-FFBH providers.
3. Transportation: Agency shall be financially responsible for preapproved transportation
costs, including those at the time of admission and departure as well as visits for youth,
relative or other. Transportation arrangements and costs must be preapproved,
reasonable, and in accordance with FFBH travel policies and procedures.
4. Clothing and Personal Needs: The JUVENILE DEPARTMENT will ensure that youth has
adequate clothing for the duration of service In SERVICE AGENCY'S programs.
12
vd. 2010 pg.
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF TUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
Weill 2:jty"w
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
January 1, 2020 - December 31, 2020
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between
Houston County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and
the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge,
concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter
"the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider") pursuant to
license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with
licensure or regulatory authority over this facility.
PURPOSE
1.00 Whereas Houston 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 77303.
TERM
2.00 The term of this Agreement is for 12 months commencing January 1, 2020 - December 31, 2020. It shall be
automatically renewed for one (1) year terms thereafter, commencing January 1st and ending December 31st of
each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said
term, of its intention to not renew this Agreement.
PROVISIONS OF SERVICES
3.01 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.
3.02 If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility
("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized
to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless
Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all
liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation
officials of Outside Treatment within twenty-four (24) hours of its occurrence.
Vol. Pg- ��.--
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
3.03 Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating
a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility
under the authority of any juvenile court having jurisdiction or its designated official. Children not released
within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Houston
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.
3.04 Each child placed in the Facility shall be required to follow the rales and regulations of conduct as fixed and
determined by the facility administrator and staff of the Facility.
3.05 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.
3.06 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.
3.07 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.
3.08 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).
3.09 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.
3.10 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.
3.11 It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility
shall be removed from the Facility.by the appropriate authorities from Juvenile Probation, or its agents, servants
or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the
conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has
been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility,
or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is
received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The
same understanding and agreement between the parties exists with the exception that court orders may authorize
detention for up to fifteen (15) working days after the initial hearing and detention period. .
Vol. , O __.Pg.
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1.2020— December 31. 2020
3.12 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) item 3.05 (b) an Order of Release signed by the
Judge(s) of the Juvenile Court of Houston County.
3.13 Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice
Department and all applicable State and Federal law.
3.14 Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by
detention staff during sleeping hours in a Secure Facility.
3.15 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.
3.16 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.
3.17 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 Houston County shall control the conditions and terms of detention supervision as to a
particular child pursuant to the Texas Family Code, Section 51.12.
COMPENSATION
4.00 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.
4.01 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.
4.02 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.
4.03 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 endof the invoiced month -and .shall
include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to
specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial
compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile
Probation in a timely manner. rf pmjments are not received timely, acceptance of youth zuill be denied until full pm nient is
received.
Vol. 310 Pg. q7
Brazos County Juvenile Justice Center
Detcntion Services Agreement
January 1, 2020— December 31, 2020
4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from
Juvenile Probation under this contract. Service Provider shall account separately for state funds received and
expended utilizing the following Generally Accepted Accounting Practices (GAAP):
4.041 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.
4.042. If Service Provider does not obtain an annual outside audit, then Service Provider shall
provide a separate accounting of funds received from Juvenile Probation in whole or in
part paid from state funds. The accounting shall clearly list the state funds received
from Juvenile Probation and account for expenditures of said funds including
documentation of appropriate expenditures as well as the year's tax forms and
documentation. The accounting shall be provided to Juvenile Probation thirty (30) days
prior to the renewal date of the contract.
4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or
state funds and shall be subject to termination -without penalty, either in whole or in part, if funds are not
available or are not appropriated by the Texas Legislature.
4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal
Officer. Service Provider will not contact other department employees regarding any claims of payment.
4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code
Section 231.006.
4.03 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.
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.
5.03 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper
order/authorization from the juvenile Court of Houston County.
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.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as
requested on forms provided by Juvenile Probation.
4
Vol. Pg. � pg,
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1.2020— December 31, 2020
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.
CONFIDENTIALITY OF RECORDS
7.00 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.
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:
8.011 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:
Local law enforcement agency; and
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 (936) 241-6231 and Service Provider
shall contact Juvenile Probation by telephone at (936) 241-6230 within 24 hours.
8.012 For allegations and incidents of sexual abuse or serious physical abuse:
Local law enforcement agency immediately, but no later than one (1) hour from the time a person
gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report
shall be made by phone to law enforcement;
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
Vol. 31() Pg. —
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
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 abuseneglectftd.texas.gov and
With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6230.
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:
8.031 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
8.032 A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth
physical assault or youth sexual conduct.
8.033 Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact
or sexual abuse by non -contact.
8.034 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.
8.035 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 tern 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.
8.036 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
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns,
volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have
direct unsupervised access to children in the facility or program.
9.02 Criminal history searches shall include the following-
6
ollowing6
Vol. 0 Pg. 100
Brazos County Juvenile Justice Center
Detention Services Agreement
January I, 2020— December 31, 2020
9.021 Texas criminal history fingerprint -based criminal history background search through the Texas
Department of Public Safety.
9.022 Local law enforcement sex offender registration records check through the Public Sex Offender
Registry on the Texas Department of Public Safety website.
9.023 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:
9.041 A felony conviction against the laws of chis state, another state, or the United States within the past
ten (10) years;
9.042 A deferred adjudication for a felony against the laws of this state, another state, or the United States
within the past ten (10) years;
9.043 A current felony deferred adjudication, probation or parole;
9.044 A jailable misdemeanor conviction against the laws of this state, another state, or the United States
within the past five (5) years;
9.045 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,
9.046 A current jailable misdemeanor deferred adjudication, probation or parole; or
9.047 The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal
Procedure.
9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an
individual must not have direct unsupervised access to children in a facility or program until at least one year has
elapsed since the completion of any period of incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall
be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice
program.
9.07 Juvenile Probation reserves the right,.in its sole discretion, to prohibit any individual with a prior criminal history
from being placed in a position that involves direct unsupervised contact with children.
7
Vol. Pg. �o I
Brazos County Juvenile Justice Center
Detention Services Agreement
DISCLOSURE OF INFORMATION January 1, 2020— December 31, 2020
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:
10.011 Any and all corrective action required by any of Service Provider's licensing authorities;
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;
10.012 Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider
that has direct contact with children;
10.013 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;
10.014 The identity of any of the Service Providers employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that are registered sex offenders; and
10.015 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.
EQUAL OPPORTUNITY
11.00 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.
ASSIGNMENT & SUBCONTRACT
12.00 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this
Agreement without the written consent of Juvenile Probation.
OFFICIALS NOT TO BENEFIT
13.00 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.
Vol. pg. lop,
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1,2020—December 31, 2020
DEFAULT
14.00 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:
14.001 If Service Provider fails to perform the work called for by this Agreement within the time specified
herein or any extension thereof; or
14.012 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.
TERMINATION
15.01 This Agreement may be terminated for any reason:
15.011 By either party upon ten (10) days written notice to the other party of the intention to terminate;
or
15.012 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.
WAIVER OF SUBROGATION
16.00 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.
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
170.011 That it has all necessary right, title, license and authority to enter into this Agreement;
17.012 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;
17.013 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.
9
Vol. 31 Q Pg. 1.03
Brazos County Juvenile Justice Center
Detention Services Agreement
January 1, 2020— December 31, 2020
17.0.14 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 Alnise, Neglect and Exploitation and Notice to Emplm,/ees Regarding
Abuse, Neglect mid Exploitation.
TEXAS LAW TO APPLY
18.00 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.
19.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas.
LEGAL CONSTRUCTION
20.00 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
PRIOR AGREEMENTS SUPERSEDED
21.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior
understandings or written or oral Agreement between the parties respecting the within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this Contract and
Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or
an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the
children placed in the Facility by the Judge of Houston County having juvenile jurisdiction
PRISON RAPE ELIMINATION ACT
22.00 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and
standards applicable to the provision of services described herein- and the performance of :all -obligations ... - .
undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which
establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons,
including juveniles,...and.. addresses .._ the... detection,.. elimination, prevention, and reporting of sexual -abuse. -and
sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)]
Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)j and shall make available
to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the
allegation, and all such data may be requested by the Department of Justice from the previous calendar year no
later than June 30th [PREA §115.387(e) and (f)]
10,
EV0Pg
C7 . `�(4
Brazos County Juvenile Justice Center
Detention Services Agreement
January I, 2020— December 31, 2020
Ho ston C o my Brazos County Juvenile Justice Center
P at' n D t
1
To treetm NkLinda Ricketson Date
Chief Juvenile Pro ation Officer Executive Director
Hou on County
L.L C..�v
Authorized Official
BRAZOS COUNTY COMlyIISSIONERS COURT
ON \ , 2�;`� , FULLY EXECU"I'ED IN DUPLICATE, EACH OF
WHICH SHALL HAVE TfI i 'ULL FORCE AND EFFECT OF AN ORIGINAL.
By: I,/ _
Duane Peters, C unty Judge
Chairman, Brazos County Juvenile Board
200 S. Texas Ave.. Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
Vol. . 3 10 Pg. 105
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
H
DEPARTMENT:
NUMBER:
DATE OF COURT MEETING:
2/11/2020
ITEM:
Ratify contract between Texas Council on Family
Violence & Brazos County District
Attorney's' Office. Term of contract is February
1, 2020 to December 31, 2020.
TO:
Commissioners Court
DATE:
02/06/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Tvpe
Ratify Contrct Between
Texas Council on Family Cover
Ratify Contract Between Texas Council on Family Violence Brazos County District Attomeuv
s Office.odf Violence & Brazos Memo
Coutny District Attorney's
Office
APPROVED
a.o
Duane Peters ���ate
County Judge
httns://brazos.novusagenda.com/AgendaWeb/CoverSheet.asDx?ItemlD=20243 2/5/2020
\w - OPr, 1 C)LD
DocuSign Envelope ID: 8F338C36-C7BA-4444-8889-1699583C2406
CONTRACT BETWEEN
Texas Council on Family Violence & 4#t(c•
fv
Brazos County District Attorney's Office TEXAS COUNCIL ON FAMILY VIOLENCE
This contract is by and between Texas Council on Family Violence. (hereinafter "TCFV"), and Brazos County District
Attorney's Office (hereinafter "Vendor"). This engagement is wholly represented as a Vendor relationship. Services
provided under this agreement are done as requested, not as directed.
Project: Domestic Violence High Risk Team (DVHRT)
The DVHRT concept recognizes that collaboration is critical to an effective response to family violence.
The DVHRT site chosen has demonstrated success in their coordinated community response to family violence and are
well -poised for this project. Each team will develop a sustainable, collaborative program involving criminal justice
system officials and family violence'program staff who will prioritize victim safety, encourage victim participation in the
systemic response to these crimes and maximize offender accountability.
Term: February 1, 2020 to December.31, 2020
Vendor Services and Responsibilities:
A. Vendor will utilize existing expertise in responding to the needs and building upon the strengths of their respective
communities while using the TCFV funding to support and foster additional capacity in this regard.
B. The DVHRT coordinators will commit to attending regular teleconferences and training sessions where they share
their successes, failures, and challenges with other DVHRT coordinators in order to promote best practices with
•other'DVHRT sites.
C. DVHRT coordinators will provide a case tracking report for statistical analysis no later than the 5th of each month
for the previous month. A tracking form will be provided by TCFV, excluding any identifying information about the
victim(s) or suspect(s) involved. The data gathered will serve the following purposes:
a. Analyze progress toward goals and objectives;
b. Share best practices with victims and the community as a whole; and
c. Serve as a learning platform for future training efforts and identify emerging issues
D. DVHRT Coordinators are required to attend the mandatory DVHRT conference in Austin, Texas. All costs of attending
the conference or summit, including travel, lodging, and per diem, will be reimbursed by TCFV.
E. Submission of quarterly reports are required to share information on project successes, failures, challenges, and
case outcomes. A quarterly report form will be provided by TCFV. Deadlines are March 7, 2020, June 7, 2020,
September 7, 2020, and December 7, 2020.
F. Participate in any project evaluation, including onsite meetings with TCFV staff and any contract researchers.
G. Coordinate with TCFV on any media events related to grant project.
TCFV Responsibilities:
A. Inconsideration for all Vendor services to be rendered by Vendor under this Contract, TCFV shall pay Vendor
as set forth in this Contract unless delayed by availabillty of federal and state grant funds.
a. TCFV will compensate Vendor a total of $55,0000.00 in 5 installments with the following payment
schedule:
I. $6,875.00 upon full execution of this contract.
II. $6,875.00 upon submission of the 11' quarterly report and invoice due by March 7, 2020.
III. $13,750.00 upon submission of tad quarterly report and invoice due by June 7, 2020.
IV. $13,750.00 upon submission of 3`d quarterly report and invoice due by September 7, 2020.
V. $13,750.00 upon submission of 4th quarterly report and invoice due by December 7, 2020.
b. These funds originate from the Office of the Attorney General, Grant number 1987379.
Pg. 1 r3 7
DocuSign Envelope ID: 8F338C36-C7BA4444-8889-169958302406
B. TCFV will monitor and evaluate programs to determine the best practices which may in turn be used to
encourage the replication and expansion of successful DVHRT models throughout the State of Texas.
C. TCFV will provide technical assistance, training, consultation, and electronic resources to enhance and
advance the DVHRT project.
D. Submit timely grant reports to funders.
Other Contract Agreements:
A. It is understood by all parties that payment obligations created by this contract are conditioned upon the
availability of State or Federal funds appropriated or allocated for the payment of such obligations.The term of
this contract shall commence on February 1", 2020 and automatically terminate on December 31, 2020, unless
extended or terminated in writing as otherwise provided for in this Contract. This Contract may be modified
only by written agreement of both parties and with 30 days' notice. Such amendments will require the
signatures of all parties included on the original contract.
B. Force Majeure: It is expressly understood and agreed that the Vendor shall not be considered in default by
TCFV due to circumstances beyond Vendor's control and without its sole fault or negligence. These
circumstances may include, but are not limited to: weather conditions, injury or illness involving irreplaceable
personnel, and acts of God or government beyond Vendor's control.
C. Vendor attests that neither the Vendor nor its principal employees are debarred, suspended, or otherwise
excluded or disqualified under the non -procurement common rule, or otherwise declared ineligible from
receiving Federal contracts, certain contracts, and certain Federal assistance and benefits.
D. Vendor must treat all information that is obtained through performance of this Contract, including, but not
limited to, information relating to applicants or recipients as Confidential Information to the extent that
confidential treatment is provided under law and regulations.
E. While performing the services of this Contract, Vendor must comply with applicable State rules and regulations
and TCFV requests regarding personal and professional conduct generally applicable to the service locations.
F. This Contract shall not constitute, create, or otherwise imply an employment, joint venture, partnership,
agency or similar arrangement, and nothing contained herein shall be construed as providing for the sharing of
profits or losses arising from the efforts of either or both parties here to. Each party to this Contract shall act as
an independent entity, and neither party shall have the power to act for or bind the other party except as
expressly provided for herein. The Vendor shall not be eligible for any benefit available to employees of TCFV,
including, but not limited to, workers compensation insurance, state disability insurance, unemployment
insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans,
savings plans and the like. No income, social security, state disability or other federal or state payroll tax shall
be deducted from payments made to the Vendor under this Agreement. Vendor agrees to pay all state and
federal income taxes and other levies and charges as they become due on account of monies paid to TCFV
hereunder, and to defend, indemnify and hold TCFV harmless from and against any and all liability resulting
from any failure to do so.
G. As an independent Contractor, Vendor shall determine the details, methods and means of performing the
Vendor services under this Contract. Unless otherwise agreed, Vendor will personally provide the Vendor
services and will not subcontract the Vendor services to any other person or entity. Vendor will provide all
equipment and materials necessary to perform the Vendor services, although TCFV shall provide Vendor
access to a TCFV email account and may permit remote access to its systems and make certain computer
equipment and office space available to Vendor as set forth herein when Vendor is on TCFV's premises.
Vendor acknowledges and agrees that any access to and permission to use TCFV's email accounts, computer
systems, networks and equipment is restricted to legitimate business purposes on behalf TCFV. Any other
access to or use of such accounts, systems, network or equipment is without authorization and is prohibited.
H. Vendor agrees to maintain supporting financial information and documents that are adequate to ensure that
claims are made in accordance with applicable Federal and State requirements and are sufficient to ensure the
accuracy and validity of Vendor invoices. Such documents, including all original claims forms, will be
maintained and retained by Vendor for a period of seven (7) years after the date of submission of the final
billing or until the resolution of all litigation, claim, financial management review or audit pertaining to this
Agreement, whichever is longer. Vendor agrees to timely repay any undisputed audit exceptions taken in any
3
VOI. Pg.
DocuSign Envelope ID: 8F338C36-C7BA-4444-88B9-1699583C2406
audit of the Agreement.
I. Either party may terminate this Contract with thirty (30) days' written notice.
J. In the event of a default of the Vendor, TCFV may cancel or suspend the contract, and Vendor shall only be
entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused
materials may be returned) or shall repay any funds advanced for services not yet rendered, however,
expenses incurred for nonrefundable airline tickets will not be reimbursed under these circumstances.
K. This Contract shall be governed by Texas law and (i) sets forth the entire agreement and understanding
between the parties concerning Vendor's independent Vendor engagement and (ii) terminates, supersedes
and preempts any and all prior or contemporaneous agreements and understandings, oral or written.
Remedies for noncompliance. If the Vendor materially fails to comply with any term of the contract, TCFV may
take one or more of the following actions, or impose other sanctions, as appropriate in the. circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by the Vendor,
b. Terminate the contract, or
c. Take other remedies that maybe legally available.
Grant Contacts:
A. TCFV contacts:
a. For contract administration & payment b. For program coordination
Alexandra Cantrell, Policy Manager David Scott
Phone: 512-685-6290 Phone: 512-794-1133
Email: acantrell@tcfv.org Email: dscott@tcfv.ors
B. VENDOR contacts:
a. For contract administration
Jarvis Parsons, District Attorney
Phone: 979- 361-4339
Email: *parsons@brazoscountvtx.sov
b. For program coordination
Melissa Carter
Phone: 979- 361-4339
Email: mcarter@brazoscountytx.sov
By signing this Contract, and based on mutual consideration, the parties hereby understand and agree to the
above conditions as listed. The below signatures will act as a final confirmation of both parties' agreement to the
contract terms.
Duane Peters
2/3/2020
Print Name of Authorized Contact Date
RrqZQAQ4Wy District Attorney's Office
Fv'Z P, & in
Signature ofX6thorized Contact
Brazos County District Attorney's Office
22 January 2020
Gloria Terry, TCFV Chief lNecutive Officer Date
Vol. 31 P9. 1
4
Item Coversheet
DEPARTMENT:
Road and Bridge
DATE OF COURT MEETING: 2/11/2020
ITEM:
TO:
FROM:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
ATTACHMENTS:
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
Page I of 1
F
CC 2020 - Utility Permit- Brazos
WIFI - Easterling Drive - 8
crossings for internet service
Consider and take action on the Brazos WIFI utility permit to conduct 8 road bores for the
installation of a fiber optic communication cable for internet services under Easterling
Drive. Site is located in Precinct 2.
Commissioners Court
Darrell Kolwes
02/03/2020
False
False
$0.00
File Name Description
Utility Permit - Brazos WIFI -
Utility Permit - Brazos W FI - Easterling Drive - 8 crossings for internet service.ndf Easterling Drive - 8 crossings for
internet service
"PROVED
Type
Backup Material
Duane Peters Date
County Judge
httns://hra7os_nowsagenda_com/AgendaWeb/CoverSheet.asi)x?ItemTD=20232 2/6/2020
\ I.,\ `)i It D- 110
NOTIFICATION OF PROPOSED INSTALLATION ANI)/OR REPAIRS
OF TELEPHONE FACILITIES AND DESIGNATING
PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY.
TO: THE.COUNTY ENGINEER -OF SRAZOS COUNTY, TEXAS
Comes now Brazos WIFI [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 notifies the County Engineer of its intent to lay,
construct, maintain, repair and/or operate a telephone. facility under, over, across and/or along certain .
County Roads as shown on drawings and diagrams attached hereto and said location described as
follows:
Directional bore 60 feet under Easterling Drive at (8) eight locations. -At the intersection of FM
1179, 330 feet southeast,. 640 feet southeast, 930 feet southeast, 1,150 feet southeast, 1,550
southeast, 1,900 feet southeast and 2,140 feet southeast of FM 1179. Crossings will.be a minimum
of 36 inches under the bottom of the ditch and aminimum of 60 inches under the roadway.
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 30 working days. (COMPANY
MT FILL:IN). If such construction is not begun by the 60th day; Company will be required to
US
'provide a new notice.
Company declares that prior to filing this application, it has ascertained the location of all existing
utilities, both'aerial and underground, and the filing of this application is prima facie'evidence that the
proposed installation will not conflict with any existing utility.
A copy of this notice shall be kept at the job site any time work is being performed.
In the event of deviation from this notice, the Brazos County Engineer's Office or its designated
;. representative will be notified as soon as practicable:
:Approval of County Engineer's Office may take as long as two weeks after complete application is
:received:
Failure to notify the County Engineer's Office within.24 hours of beginning construction shall constitute
grounds for job shutdown:
v�. Pg. t 1
By signing below, I certify that I am authorized to represent the Company listed below, and that the
Companyagrees to tine conditions/provisions:includ7e in''this notification.,
Brazos WIR
Company Name
"
. Tim Hardy
By:
,.n
zt
- Signator
Prosect Manager
Title
12135. Hwv, eCollege Station:!TX=77845:
Address
(979):999-7010
Telepl 66 Number M. z
tim0brazoswifi.com
-'
E-mail
to
ACCEPTANCE OF NOTIFICATION
•
_.;; .. Vol. � f'g•
.
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUC'T'ED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Re4uirentents
I. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists. of examples of. .
BMPs) to minimize erosion and sedimentation resulting from the proposed installation. -
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. .The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Pennittee shall not interfere with other utilities located in the right of way. In 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.wilI decide whether such
project. will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safetp_Reirairenrents
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.eegulations of the Texas Department of Transportation shall be:6bserved.
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'br devices necessary to provide complete safety to the public.
4. Adequate
provisions must be made to cause minimum inconveniences tolraffic and adjacent properly
owners:
5. No cable, conduit and/or pole tine 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 Coadrol Play
= 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 (lb) 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. Desikn Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole beplaced in the designated area for power specified as set forth in the Texas 01 hies Code,
Sectioli 181.045.
2. All pole.installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to.the public.:Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at.the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall'(these are minimum depths— utility may place deeper):
a. be. placed at a minimum depth of forty-eight (48) inches below the top of the pavement; .
b. beat 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 ifcrossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right.of way shall be installed. within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power— 0 to 2 feet, nominally 1'
Phone.—:2 to 4 feet, nominal1y.3'
Gas 4 to 6 feet,'nominally 5'
Cable --6 to 8 feet; nominally 7'.
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility. in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length: of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or. unattended. .
8. Crossings under a.county road shall:.
a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
.'b. be:pressure grouted for the full length of the -crossing if the annular space between pipe and casing and
soil exceeds.one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
Operations and have the opportunity to have an. inspector on site to observe pressure grouting
operations;
�9.
vV61..:. l D _ is
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.ather portion of the right-44ay, 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 andlor 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 andlor 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 arriount 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 sensitWe lands.
.E ' Enig eiicy work
1. In the event Company is required to perform emergency services; that requires excavation. in*a County
Right `of Way, and unable to notify the County Engineer prior to.conducting emergency repairs, Company •
Vol. 1
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 edstine 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 pennit.has been obtained.
G. Relocation o utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any'or.all poles,: wires, pipes, cables or other
facilities'and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and.at the expense of the Utility: Company.: .
f. flielr 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
-wail thickness.
-material specification
-minimum yield.stiength
.. -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 rade Special RpAuiremei is
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 187 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 toa County Road.
6. Natural Gas Distribution is a line that's'
rves the final customer.
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Vol. 310 P9.
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
DEPARTMENT:
CC 2020 - Utility Permit - Wickson
Road and Bridge NUMBER:
Creek SUD - Dilly Shaw Tap Road
- 4,150 feet SW of FM 2038
DATE OF COURT MEETING:
2/11/2020
ITEM:
Consider and take action on the Wickson
Creek Special Utility District utility permit to
construct a road bore for a 1 inch water line crossing under Dilly Shaw Tap Road 4,150 feet
southwest of FM 2038. Site is -located in Precinct
2.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
02/04/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
Utility Permit - Wickson Creek
Utility Permit - Wickson Creek SUD - Dilly
Shaw Tao Road - 4 150 feet SW of FM 2038.odf
SUD - Dilly Shaw Tap Road- Backup Material
4,150 feet SW of FM 2038
APPROVED
�
Duane P ters Date
County Judge
httDs://brazos.novusaLrenda.com/ALTendaWeb/CoverSheet.asDx?ItemlD=20234 2/6/2020
\ I_1 "�10 4)e. I -on
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 WICKSON CREEK SPECIAL UTILITY
DISTRICT [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 water line under,
over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location
described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing (CHECK ONE)
Bared Jacked Driven Cased
DILLY SHAW TAP RD 60' X X
Facility to Parallel County Road Within Rieht-Of-Wav
Road Name and Block
Number From TO Depth Distance
CONSTRUCTION TYPE
1" Diameter Wall Thickness 1 '/_" Encasement Pipe
Material Specification PVC
Maximum Operation Pressure 80 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 I working days. (COMPANY MUST FILL M. If such
construction is not begun by the 601h day, Company will be required to apply for a new permit.
Company declares that prior to fling this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol. o pg. val.
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 jails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein (be. depth, location, etc), Company assures all financial responsibility for
damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the teruns of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public 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 Courpany jails to comply with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate to compel compliance. The County Engiueer further retains the right to revoke
this Permit by verbal notification to the ApplicanilConipany.
Failure to obtain this permit and/or no[t& the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
WiCKSON CREEK SUD
Com =Name
�C
Signature
GENERAL—MANAGER
Title
8770 HWY 21 E
Address
BRYAN, TX 77808
City State Zip
979 589-3030
Phone Number
Watson@wicksoncreek.com
Email:
Vol. pg. I as
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated �� i except as noted below:
EXCEPTIONS:
i"d
(Month/DayNear)
.(nor Brazos County Engineer
Vol. 310 pg. -Aa -a)
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORT{ 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 Rea uirenrents
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the jab. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
Vol. 310 Pg. a�P
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 Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.015.
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 may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths —utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at Ieast 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 final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
Vol. I b pg. 1 0L.'1
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 instal latiogwithin 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. Emergency work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
Vol. 10 Pg. I a�
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. Hielr 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 grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
S. 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.
vol. I D pg...
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H
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR
NO. 19/20 19.1-19.6
On this the 11 th day of February 2020 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 11th day of February 2020 the Court heard and approved a budget
amendment(s) for the 2019-2020 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 10 September 2019, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 11th day of February 2020.
THE COYaHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. _-
By: .
Duane Aters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol, 31_—o
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19/20 -19.1
2/11/2020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Non -Departmental Minor Acquisitions 890.32
Fleet Shop - Heavy
General Fund Equipment Minor Acquisitions 890.32
Commissioners' Court and Road & Fleet Shop - Heavy Equipment
Reallocation of funds to the appropriate account for the purchase of an air compressor.
�- -- -
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Dater <s'x ` :::215/2020
{R'e"PaitnienfApproval._;___-�_
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ACCOUNTNAME Increase' Decrease
0100
11000500
67286000
CR
Equipment - Other 89032
0100
56002000
67286000
DR
Equipment -Other 890.32
Vol. __�Q� �9•�
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 19120 -19.2
9miomn
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Contingency Departmental Support 13,323.55
General Fund Information Technolo Minor Acquisitions 13,323.55
Commtssloners' Court and Road & Information Technalogy
Reallocation of funds to the appropriate account for the purchase of 37 replacement chairs for the IT Training Room.
�Departmerif Approval'. Ww_�Date � ��- ,,, � s. • ., ��''sj
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FUND
DIV
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Increase Decrease
0100
11001500
61130000
CR
Contingency
13J23.55
0100
14000100
67342000
DR
Fumiture
13.323.55
voi. --33 —D—sp , 1�5"
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 -19.3
2111/2020
FUND DEPARTMENT DIVISION
CATEGORY DESCRIPTION
Increase Decrease
Capital
Improvement General Capital
Fund Improvement
Capital Outla
4,122,745.00
Capital
Improvement
Fund
Other Financing Sources
4,122,745.00
CO 2020
Other Financing Sources
4,122,745.00
CO 2020 Jail Kitchen Expansion
Capital Outlay
4,122,745.00
63000500
80101008
CR
Building Renov - Jail
4,122,745.00
4500
91122000
DR
Transfer to CO 2020
4,122,745.00
4320
49015000
CR
Transfer fm Capital Ira r. Fund
4,122,745.00
4320
63432100
80101008
DR
BuildingRenov - Jail
4,122,745.00
General Capital Improvement Fund and CO 2020
Reallocation of funds to the appropriate division for the kitchen renovation at the Jail.
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FUND
DIV
ACCT
DRICR
ACCOUNTNAME
Increase Decrease
4500
63000500
80101008
CR
Building Renov - Jail
4,122,745.00
4500
91122000
DR
Transfer to CO 2020
4,122,745.00
4320
49015000
CR
Transfer fm Capital Ira r. Fund
4,122,745.00
4320
63432100
80101008
DR
BuildingRenov - Jail
4,122,745.00
Volo 10 Pg
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 19/20-19.4
2wv2n2n
FUND
DIVISION CATEGORY DESCRIPTION
Increase Decrease
Capital
fCapital
Improvement ZGeneral
Fund
Capital Outla
50,000.00
Capital
Improvement
Fund
Other Financing Sources
50,000.00
CO 2020
Other Financing Sources
50 000.00
CO 2020 Facilities Services Building
Capital Outlay
50 000.00
ACCOUNTNAME
Increase
Decrease
General Fund Commissioners' Court
Non -Departmental Professional Services
6,500.00
General Fund
Other Financing Sources
6,500.00
CO 2020
Other Financing Sources
6,500.00
CO 2020 Facilities Services Building
Capital Outlay
6,500.00
50,000M
4320
49015000
CR
Transfer fin Capital Impr. Fund
50,000.00
4320
63432000
80100000
'DR
Buildings
50.000.00
0100
11000500
72070000
CR
Attorney Fees
6,500.001
0100
91122000
General Capital Improvement Fund, General Fund - Commmissloners' Court and CO 2020
Transfer to CO 2020
Reallocation of funds to the appropriate division for the cost of building improvements for the building located on Hwy 21, as well as the purchase cost of the property: Lot Thirty-two (32), E.
W. Bullock's Subdivision, 4801 W. SH -21 Bryan, Texas. This will house part of Facilities Services.
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FUND
DIV
ACCT
DR/CR
ACCOUNTNAME
Increase
Decrease
4500
63000500
80440000
CR
Land
50 000.00
4500
91122000
DR
Transfer to CO 2020
50,000M
4320
49015000
CR
Transfer fin Capital Impr. Fund
50,000.00
4320
63432000
80100000
'DR
Buildings
50.000.00
0100
11000500
72070000
CR
Attorney Fees
6,500.001
0100
91122000
DR
Transfer to CO 2020
6,500.00
4320
49028000
CR
Transfer fin General Fund
6,500.00
4320
63432000
80440000
DR
Land
6,500.00
voi pg. 1'?,7
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 19120 -19.5
2111/2020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Non -Departmental Minor Acquisitions 8.328.45
General Fund Information Technology L T. Services Minor Acquisitions 8.328.45
Commissloners' Court and Information Technology
Reallocation of funds to the appropriate division to purchase computers that are on the roll out list for FY 20.
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av�iy:=
FUND
DIV
ACCT DRICR
ACCOUNT NAME Increase
Decrease
0100
11000500
67203000 CR
Minor Computer Hardware
8,328.45
0100
14000200
67203000 DR
Minor Computer Hardware 8.328.45
Vol. 31 (D pg. \ a?)
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 19120 -19.6
2/11/2020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Non -Departmental Minor Acquisitions 20,061.67
General Fund Information Technolo_ L T. Services Repairs & Maint 20 061.67
Commissioners' Court and Information Technology
Reallocation of funds to the appropriate division to purchase computers monitors that must be upgraded due to the new financial system requirements.
LCountyriid''e
Vol. pg. 139
4S1; _ l,�
FUND DIV
ACCT
DR1CR
ACCOUNT NAME
Increase
Decrease
0100 11000500
67203000
CR
Minor Computer Hardware
20 061.67
0100 14000200
65150000
DR
Computer Maintenanc2
20,061.67
Vol. pg. 139
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 11, 2020
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
Road and Bridge DeJesus, John Change of Status
JP Pct 1
Sheriff's Administration
Sheriff's Office — Jail
Human Resources
Rodriguez, Juan
Elliott, Wanda Sue
Hudson, Amber
Pollock, James
Lamb, Ryan
Connell, Brittany
Moore, Taylor
Employment
Change of Status
Change of Status
Separation
Employment
Employment
Employment
Associate Court #2 Hines, Scott Employment
Approved in Commissioners' Court: February 11.2020:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
1
Vol. 31 D �.. P9- � �v
2/5/2020
Show Tooltips: O
TCLEDDS 3 Web
• DRS RACIAL PROFILOme REPORu EooiroR
FOR ALL RACIAL PROFILING ISSUES, INCLUDING SUPPORT, CONTACT TCOLE:
512-936-7773
512-936-7774
RACIALPROFILING@TCOLE.TEXAS.GOV
AGENCY CONTACT INFORMATION
BRAZOS CO. CONST. PCT. 2 - 041102
Chief Administrator:
*Phone:
*Email:
*Mailing Address:
*Report Executed by:
*Choose a Form Type:
DONALD J. LAMPO
979-361-4477
dlam po@brazoscountytx.go
200 S. Texas Avenue, Suite 151
BRYAN, TX 77803
CHRISTOPHER A. MCDER *Title: IDeputy
ACKNOWLEDGED
Duane ers D to
County Judge
If you do not have to fill out the Racial Profiling report then choose "Exempt" Otherwise, choose "Full" Report and fill out all required
O Full Report
0 Exemption
Attach PDF File - (optional) Choose File No file chosen
BRAZOS CO. CONST. PCT. 2 filed a full report.
BRAZOS CO. CONST. PCT. 2 has adopted a detailed written policy on racial profiling. Our policy:
1, clearly defines acts constituting racial profiling;
2. strictly pPohibit peace officers employed by the BRAZOS CO. CONST. PCT. 2 from engaging in racial profiling;
3. Implements a process by which an individual may file a complaint with the BRAZOS CO. CONST. PCT. 2 if the individual believes I hat
a peace officer employed by the BRAZOS CO. CONST. PCT. 2 has engaged in racial profiling with respect to the individual;
4. provides public education relating to the agency's complaint process;
5. requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS CO. CONST. PCT. 2 who, after
an investigation, is shown to have engaged in racial profiling in violation of the BRAZOS CO. CONST. PCT. 2'policy adoptedundo
this article; N
6. require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those
stops, including information relating to:
a. the race or ethnicity of the individual detained;.
b. whether a search was conducted and, if so, whether the individual detained consented to the search; and
c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and
7. require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an
annual report of the information collected under Subdivision(6) to:
a. the Commission on Law Enforcement; and
b. the governing body of each county or municipality served by the agency, If the agency is an agency of a county, municipaliq, or
other political subdivision of the state.
hftpsJ/teledds.trole.texas.gov/tcledds3tDefauf.aspx1/4
Vol.
F1Lo Pg.
�_
2/5/2020
TCLEDDS 3 Web
MOTOR VEHICLE RACIAL PROFILING INFORMATION
*Total Stops: 1368
I. GENDER
(Must equal total number of stops) - CCP 2.133(b)(1)(a)
*1.1 Female: 1176
*1.2 Male: 1192
Z. RACE OR ETHNICITY
(Must equal total number of stops) - CCP 2.132(x)(3), 2.132(b)(6)(A), 2.133(b)(1)(B)
*2.1 Black: 156
*2.2 Asian/Pacific Islander: 12
*2.3 White: 171
*2.4 Hispanic/Latino: 1239
*2.5 Alaska Native/American Indian: 10
3. WAS RACE OR ETHNICITY KNOWN PRIOR TO STOP?
(Must equal total number ofstops) - CCP 2.132(b)(6)(C)
*3.1 Yes: 114
*3.2 No: 1354
4. REASON FOR STOP
(Must equal total number of stops) - CCP 2.132(b)(6)(F), 2.133(b)(2)
*4.1 Violation of law: 114
*4.2 Preexisting knowledge: 17
*4.3 Moving traffic violation: 1283
*4.4 Vehicle traffic violation: 164
5. STREET ADDRESS OR APPROXIMATE LOCATION OF THE STOP
(Must equal total number of stops) - CCP 2.132(b)(6)(E), 2.133(6)(7)
*5.1 City Street: 1177
*5.2 US Highway: 44
*5.3 County Road: 117
*5.4 State Highway: Jim
*5.5 Private property or other: 121
6. WAS A SEARCH CONDUCTED?
(Must equal total number of stops) - CCP 2.132(b)(6)(B), 2.133(b)(3)
*6.1 Yes: 15
*6.2 No: 1363
T. REASON FOR SEARCH
(Must equal value entered in 6.1)
2/4
Vol. 310 pg. x
2/5/2020
TCLEDDS 3 Web
*7.1 Consent:
10
CCP 2.132(b)(6)(B), 2.133(b)(3)
*7.2 Contraband in plain view:
10
CCP 2.133(b)(5)(A)
*7.3 Probable Cause:
13
CCP 2.133(b)(5)(B)
*7.4 Inventory:
12
CCP 2.133(b)(5)(C)
*7.5 Incident to arrest:
10
CCP 2.133(b)(5)(C)
8. WAS CONTRABAND DISCOVERED?
- (Must equal value entered in 6.1) - CCP 2.133(b)(4)
*8.1 Yes: 14
*8.2 No: I 1
9. DESCRIPTION OF CONTRABAND
(Must equal value entered In 8.1) - CCP 2.133(b)(4)
*9.1 Drugs:
*9.2 Currency:
*9.3 Weapons:
*9.4 Alcohol:
*9.5 Stolen property:
*9.6 Other:
2
0
0
0
1
1
10. RESULT OF STOP
(Must equal total number of stops)
*10.1 Verbal Warning:
*10.2 Written Warning:
*10.3 Citation:
*10A Written warning and arrest:
*10.5 Citation and arrest:
*10.6 Arrest:
103 CCP 2.133(b)(8)
123
144 CCP 2.133(b)(8)
0
0
1 CCP 2.133(6)(6)
11. ARREST BASED ON:
(Must equal value entered in 10.6) - CCP 2.133(b)(6)
*11.1 Violation of Penal Code: 10
*11.2 Violation of Traffic Law: 11
*11.3 Violation of City Ordinance: 10
*11.4 Outstanding Warrant: 10
12. WAS PHYSICAL FORCE RESULTING IN BODILY INJURY USED DURING THE STOP?
(Must equal total number of stops) - CCP 2.132(b)(6)(D), 2.133(b)(9)
*12.1 Yes: 10
*12.2 No: 1368
*Electronically Sign: 0
*By checking this box, you certify that this information is correct.
Submit Form
httpsJ/tciedds.toole.texas.govltcledds3/Default.aspx 3/4
Vol. )1 O pg. 1-r J