HomeMy WebLinkAbout2020-07-07 10:00AM REGULAR MEETINGMINUTES
J U LY 7, 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,
July 7, 2020 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Chuck Konderla, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag — Commissioner Konderla
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-23:
3. Appointment of Chuck Konderla to the Brazos County Housing Finance Corporation,
effective June 26, 2020.
I VOL Pg.-
At this point the County Judge deviated from the agenda to acknowledge item 24.
Motion: Approve, Moved by Commissioner Nancy Bevy, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
4. Request from Information Technology to approve the Order Form for the purchase of
annual support for WhatFix. This order is prorated for support from August 8 through
September 30, 2020.
A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Kondeda, Peters.
5. No Award to RFP #20-066 for Concessionaire Services for the Brazos County Expo
Complex due to non-responsive proposals.
Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Kondeda,
Peters.
6. Approval of Contract #20-066 with G & N Concessions for Concessionaire Services for
the Brazos County Expo.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Kondeda,
Peters.
7. Approval of Order exempting the Professional Services Contract with Dr. Joel Richards
from competitive solicitation pursuant to the Texas Local Government Code 262.024 (a)
(4).
A copy of the order is attached.
Motion: Approve, Moved by Commissioner.lrma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
8. Approval of Contract 20-134 for Medical and Health Services for Jail, Juvenile, and
Employee Health Clinic with Dr. Joel Richards, D.O. AKA Richards Emergency
Services, PA.
A copy of the affidavit of abstention for Commissioner Konderla and the contract is
attached.
Motion: -Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Abstain: Kondeda.
9. Approval of Assignment for vendor name change from MDN Enterprises to Coburn
Supply Company.
A copy is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
10. A request for additional funding towards the Financial Software Project in the amount of
$46,007.33.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
11. Amendment to the Rite of Passage residential services contract due to their acquisition
of the juvenile residential services previously provided by The Oaks.
A copy of the amended contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Chuck Konderia. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
12. Approval of a contract renewal with Victoria County for juvenile pre -adjudication
detention services.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
13. Approval of a contract with The Texas Department of Public Safety for the use of the
state's Texas Gang Intelligence Index database.
A coy of the agreement is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
14. Approval of the memorandum of understanding with the Bryan Independent School
District for Juvenile Justice Alternative Education Program services.
A copy of the memorandum of understanding is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderia, Peters.
15. Approval of a memorandum of understanding with the College Station Independent
School District for Juvenile Justice Alternative Education Program services.
A copy of the memorandum of understanding is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
Pg -fit
16. Approval of a contract with Hill County for juvenile pre -adjudication detention services.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
17. Approval of a contract renewal with Victoria County for long-term juvenile residential
services.
A copy of the contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
18. Acceptance of a Drainage Easement from Anthony Louis Restivo and Reba Box
Restivo for 0.185 of one acre of land to be used for drainage maintenance on Deer Park
Drive located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
19. Tax Refund Applications for the following:
Overpayments
• a. Moore Jane R One, LLC - $50.00
• b. Billy & Velma.Chambers - $23.64
• c. James & Debra Richards -$1,029.81
• d. John & Viola Walker - $438.82
• e. Tykesha Jeffrey - $66.78
• f. Emilio Sanchez - $11.71
• g. Jesus Lopez - $11.58
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
20. Commissioners Court minutes for the following dates:
• a. June 2, 2020 - Regular Meeting
• b. June 9, 2020 - Regular Meeting
• c. June 16, 2020 - Regular Meeting
• d. June 23, 2020 - Regular Meeting
• e. June 24, 2020 - Workshop Session
• f. June 30, 2020 - Regular Meeting
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
voi. 3 Pg. a
21. Budget Amendments.
Budget Amendments FY 40.1 -40.4
40.1 Transfer funds from Contingency to Budget Office.
40.2 Reallocate funds forAuditor's Office.
40.3 Reallocate funds for Sheriff's Office - Jail.
40.4 Reallocate funds for Records Management.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
22. 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
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
23. Payment of Claims.
Claims
8101128-8101271
9000207-9000239
Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla,
Peters.
24. Acknowledgement of the 2019 Distinguished Service Award (DSA) to Brazos County
Historical Commission.
Judge Peters presented the award to members of the Historical Commission Board.
He said that only 79 out of 254 counties were given this award. Henry Mayo introduced
board members, and stated they are all volunteers and are active in various preservation
projects. Mr. Mayo announced they will be installing a historical marker at Boonville
Cemetery later this year.
At this point the County Judge returned to item 3 of the agenda.
25. Juvenile Director's report on detention population.
Juvenile Director Linda Ricketson reported there are 11 juveniles in the detention center,
7 are male and 4 are female, and 23 have electronic monitors. Ms. Ricketson stated
there are 4 new youth in isolation as per medical protocol.
26. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 559 inmates in jail, 476 inmates are male and 83 are
female, 8 have electronic monitors and 3 are pending for monitors. Sheriff Kirk said that
eleven days ago an inmate was transferred to another facility. A health screening was
given to the inmate which tested positive for COVI D-19. The inmate was asymptomatic.
The Sheriff said they immediately locked down the dorm the inmate had been detained
in. The other inmates and staff were tested and although not all the tests are back, he
reported that 1 inmate is positive and is in isolation, 8 inmates are in quarantine, 1 patrol
deputy is positive, and 8 staff members are in quarantine. Sheriff Kirk said they are
implementing the next level of protocols.
27. Announcement of interest items and possible future agenda topics.
There were no announcements.
28. Call for Citizen input and/or concerns
There was no citizen's input.
29. Adjourn.
The foregoing minutes of the Commissioners Court Meeting held July 7, 2020 have been
examined and are approved in open Court this 4th day of August 2020, in Bryan,
Brazos County, Texas.
Duane Peters
County Judge
Steve Aldrich
Commissioner, Precinct 1
Chuck Konderla Nancy Berry
Commissioner, Precinct 2 Commissioner, Precinct 3
Irma Cauley '�
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
BRAZOS COUNTY
B RYAN, T EXAS
18ZU JUL -2 A EI. 39
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
Err,, 1 �±
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON JULY 7, 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 Konderla
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-23:
3. Appointment of Chuck Konderla to the Brazos County Housing Finance Corporation,
effective June 26, 2020.
4. Request from Information Technology to approve the Order Form for the purchase of
annual support for WhatFix. This order is prorated for support from August 8 through
September 30, 2020.
5. No Award to RFP #20-066 for Concessionaire Services for the Brazos County Expo
Complex due to non-responsive proposals.
6. Approval of Contract #20-066 with G & N Concessions for Concessionaire Services for
the Brazos County Expo.
7. Approval of Order exempting the Professional Services Contract with Dr. Joel Richards
from competitive solicitation pursuant to the Texas Local Government Code 262.024 (a)
(4).
8. Approval of Contract 20-134 for Medical and Health Services for Jail, Juvenile, and
Employee Health Clinic with Dr. Joel Richards, D.O. AKA Richards Emergency
Services, PA.
9. Approval of Assignment for vendor name change from MDN Enterprises to Coburn
Vol. 31'1 Pg. -3L-
Supply Company.
10. A request for additional funding towards the Financial Software Project in the amount of
$46,007.33.
11. Amendment to the Rite of Passage residential services contract due to their acquisition
of the juvenile residential services previously provided by The Oaks.
12. Approval of a contract renewal with Victoria County for juvenile pre -adjudication
detention services.
13. Approval of a contract with The Texas Department of Public Safety for the use of the
state's Texas Gang Intelligence Index database.
14. Approval of the memorandum of understanding with the Bryan Independent School
District for Juvenile Justice Alternative Education Program services.
15. Approval of a memorandum of understanding with the College Station Independent
School District for Juvenile Justice Alternative Education Program services.
16. Approval of a contract with Hill County for juvenile pre -adjudication detention services.
17. Approval of a contract renewal with Victoria County for long-term juvenile residential
services.
18. Acceptance of a Drainage Easement from Anthony Louis Restivo and Reba Box
Restivo for 0.185 of one acre of land to be used for drainage maintenance on Deer Park
Drive located in Precinct 1.
19. Tax Refund Applications for the following:
Overpayments
• a. Moore Jane R One, LLC - $50.00
• b. Billy & Velma Chambers - $23.64
• c. James & Debra Richards - $1,029.81
• d. John & Viola Walker- $438.82
• e. Tykesha Jeffrey- $66.78
• f. Emilio Sanchez - $11.71
• g. Jesus Lopez - $11.58
20. Commissioners Court minutes for the following dates:
• a. June 2, 2020 - Regular Meeting
• b. June 9, 2020 - Regular Meeting
• c. June 16, 2020 - Regular Meeting
• d. June 23, 2020 - Regular Meeting
• e. June 24, 2020 - Workshop Session
• f. June 30, 2020 - Regular Meeting
21. Budget Amendments.
Budget Amendments FY 40.1 -40.4
22. Personnel Change of Status.
Personnel Action Forms
23. Payment of Claims.
24. Acknowledgement of the 2019 Distinguished Service Award (DSA) to Brazos County
�
Vol. 317 Pge� 22
a
Historical Commission.
25. Juvenile Director's report on detention population.
26. Sheriff's report on inmate population.
27. Announcement of interest items and possible future agenda topics.
28. Call for Citizen input and/or concerns
29. Adjourn.
Vol. ��
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.
Vol. 3li fig• 3q
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COMMISSIONER'S COURT
7 t� DAY OF jcJ I , 20 do
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COMMISSIONER'S COURT
-7 4 DAY OF J , 20 -o
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Item Coversheet
DEPARTMENT:
DATE OF COURT MEETING:
ITEM:
TO:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
NOTES/EXCEPTIONS:
ATTACHMENTS:
Fife Name
No Attachments Available
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
717/2020
Page 1 of 1
C
Appointment of Chuck Konderla to the Brazos County Housing Finance Corporation,
effective June 26, 2020.
Commissioners Court
06/29/2020
False
False
$0.00
Approved by the HFC Board on 06/26/20.
Description
Tvpe
�-Uunry Judge
va. 3 Q Pg. `3=
httDs://brazos.novusaizenda.com/AaendaWeb/CoverSheet.aSDX?ItemlD=21665
7/1/2020
WHATFIX SUBSCRIPTION ORDER FORM
whatfix
This Order Form is made as of 08 August 2020 (the "Effective Date") between Quicko Technosoft
Labs Pvt Ltd, a company organized and existing under the laws of India and having its place of
businesses at No: 443, 2nd and 3rd Floor, 14th Main, 17th Cross, Sector - 4, HSR Layout, Bangalore
- 560102, India, ("Whatfix") and the Customer.
Customer Information:
Company Name Brazos County Billing Name
("Customer")
---------------- ----- --------------- -------------
Customer 300 E. 26th St, Bryan, TX Billing Address
Address 77803
Customer Eric Caldwell Billing Contact Name
Contact Name ;
----------------+-----------------------------------------------------r---------------------------
Customer E -Mail ecaldwell@brazosccuntyt : Billing Contact E -Mail Address
Address x.gov
Customer Phone (979) 361-4310 Billing Contact Phone Number
Number
Subscription(s) Fee(s):
Product Description
Subscription
Start Date
Subscription
End Date
Duration
Total (in USD)
Whatfix Product License for Brazos
County for following Applications &
Users:
Oracle HCM Cloud: 900 user
08 August
30
7.5 weeks
$4,686.00
2020
September
Oracle ERP Cloud: 250 users
2020
GovSense: 100 users
Onboarding and Training Services:
• Joint sessions for storyboarding (outline success criteria, define milestones, create user
engagement plans & monitor initial traction) with Whatfix Customer Success team;
• Creating flows sessions with account executive;
• Joint session to Integrate & deploy flows with Whatfix technical team;
• Training schedule in consultation with customer interface;
• Sessions for flow editors and creating and managing flows;
• Sessions for developers & deployment professionals;
• Session to deploy and use analytics;
Support Services- Post Deployment:
• 24`5 Support on all business. days;
• Support Channels: Raising tickets at our online support section, Email, Phone calls, and chat;
. Support queries received on government holidays, Saturdays, Sundays will be collected,
however, due action shall be taken only on the next business day.
whatfix
e Details of appointed Customer Success Manager for business and product consultation shall
be provided.
Note: Customer Success Managers do not work 24'5. They generally cover only hours as pertheir working timings. 24`5
Support shall be provided by the Support Team.
Additional Terms:
1. Whatfix Terms and Conditions. This Order Form between Customer and Whatfuc incorporates by reference the
Whafix Terms of Service (the "Terms") located at httos://whatfix.comiterms-servicesand the Privacy Policy (the
'Privacy Policy') located at httos://whatfix.com/privacy-policy/ Customer agrees to the Terms and the Privacy
Policy, and Customer's access to the Service, as described in the Terms, is at all times subject to the Terms. This
Order Form shall commence on the Effective Date and will automatically renew at the expiry of the term for the
same duration unless notified in written, 30 days before expiry of the term.
2. Fees and Billing. Whatfix will invoice the Customer and payment will be due within 30 days after the date of
invoice. All payments must be made in U.S. dollars.
3. Taxes. Al payments required by this Subscription Order are exclusive of taxes, including but not limited to
withholding taxes. However, it is agreed between the Parties, that the Fees Payable by the Customer shall be
subject to deduction of taxes, as per applicable laws.
4. Payment Method. All payments should be made using Wire method, the details of which will be mentioned In the
Invoice.
5. The original Governing Law and Jurisdiction paragraph is struck and the following paragraph is
substituted in Its place: These terms of service are governed by the laws of the State of Texas. Any action, suit,
or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website
and/or Services, shall be subject to the jurisdiction of the courts of Texas.
6. In the event of any conflict or inconsistency between the provisions in the Whatfoc Terms of Service or any Order
Form, the terms of such Order Form shall prevail.
Accepted and Agreed:
Quicko Technosoft Labs Pvt Ltd.
Signature: Signature:
Print Name: Khadim Hussain Ismail Batt! Print Name
Designation: CEO Designation:
Date (MM/DD/YY): Date (MM/DD/YY):
Vol. �_ P9. 3
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Purchasing NUMBER:
DATE OF COURT MEETING: 7!7/2020
ITEM:
TO:
FROM:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
ATTACHMENTS:
File Name
No Attachments Available
Page 1 of 1
H
No Award to RFP #20-066 for Concessionaire Services for the Brazos County Expo
Complex due to non-responsive proposals.
Commissioners Court
Kaitlyn Nachlinger
06/30/2020
False
False
$0.00
Description
Type
APP OVED
71DA
Duane Peters Date
County Judge
Vol. Pg. LAO
https:/Ibrazos.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=21666 6/30/2020
Agreement for the Operation and Maintenance of The
Brazos County Exposition Complex Concession
This Agreement is effective on the date of signature by the Brazos County Judge
hereto, after formal approval by the Brazos County Commissioners Court, and is
made and entered into between Brazos County, a political subdivision of the state
of Texas (hereinafter "County"), on behalf of the Brazos County Exposition
Complex (hereinafter "Facility") and G & N Concessions, (hereinafter or
"Concessionaire").
WHEREAS the County seeks a Concessionaire to undertake and provide services
to the public which includes the selling of food and beverages at the Brazos County
Exposition Complex; and,
WHEREAS, the County further finds G & N Concessions meets the criteria set
forth in TEx. LOCAL GOVT CODE ANN. §262.024; and,
WHEREAS, the principal purpose of County in entering into this Agreement is to
serve the public by providing concession service, subject to all legal requirements
and obtaining all necessary permits;
NOW, THEREFORE, in consideration of the Premises and of the terms, covenants
and conditions hereinafter contained to be kept and performed by the respective
parties, it is agreed as follows:
SECTION 1. DEFINITIONS
For the purpose of this Agreement, the following words and phrases are defined
and shall be construed as hereinafter set forth:
Agreement: This Agreement consisting of 16 pages.
County: Brazos County
Concessionaire: G & N Concessions
Concession Services: The sale of all food and non-alcoholic beverages to the
general public in attendance at an Exposition Complex sanctioned event and/or
events but does not include meal/beverage catering. (*This contract is for
concession services only and is not a contract to provide catering services.)
SECTION 2. PERMISSION GRANTED
For and in consideration of the payment of the fees and charges as hereinafter
provided, and subject -._t6 all`_of- the- te_r•ms covenants, and conditions -of this
Agreement, County hereby grants to Concessionaire, subject to all of the terms
and conditions of this --Agreement, -the exclusive right and obligation within .the
Concession to: provide concession service, to include the sale of food and non-
alcoholic beverages subject to all legal requirements and obtaining of all necessary
permits; and not for any other purpose without .the prior written consent of the
County. The Concession right herein granted shall be carried on at the Brazos
r:%Bids12020120-066 Concession Services for Expo\June 2020 Concessionaire
Contract.docx Page 1
vol. —3g Fig.
County Exposition Complex solely within the limits and confines of said areas
designated as Premises (Exhibit A) in This Agreement. No temporary stands or
other places of operation shall be allowed at any other time without the express
written permission of the County. The County shall have the right, at a maximum
of four times per year, to authorize and permit concession food and beverage sales
by other vendors in designated areas outside of permanent concession
stands. For purposes of illustration, such events include, but are not necessarily
limited, to the Brazos County Youth Livestock Show, a future regional/mid major
fair or any other future major/mid major fair or festival.
Concessionaire shall: Serve quality food and beverages; schedule and provide., full
maintenance of the Premises under its control; employ, train and supervise
personnel with appropriate qualifications and experience to assist in such
functions; perform or supervise employees in the performance of all other tasks
related to the operation, maintenance and/or repair of the Premises; and pay for
and obtain all licenses and permits necessary for the operation of the Concession
granted. The Concession rights herein granted to Concessionaire are exclusive
and shall include eight permanent concession stands in the Facility; the sale of
food; the sale of non-alcoholic beverages; and a storage area in the Facility. Other
temporary points of sale may be added as County and Concessionaire may agree.
SECTION 3. PREMISES
The Premises subject to this Agreement are located at 5827 Leonard Road, Bryan,
TX 77807. The Premises to be authorized for use by Concessionaire shall include
the food services and eight permanent concession stands ("Concession facilities")
at the Facility.
SECTION 4. TERM OF AGREEMENT
The initial term of this Agreement shall be twelve months (12) months,
commencing JiJH -1- SOZo , with two (2) one-year options to
renew. Both parties must provide written notice to the other at least thirty (30)
calendar days prior to the expiration date of this Agreement of the intent to renew
this Agreement for the following year. Neither County, nor any officer, or employee
thereof shall be liable in any manner to Concessionaire because of any action
taken to revoke, decline to exercise an option or disapprove a renewal of the
Agreement.
SECTION 5. TIME OF EXECUTION
Unless otherwise provided, this Agreement shall be deemed executed when (1) it
has been signed on behalf of the Concessionaire by the person or persons
authorized to bind the Concessionaire; (2) the Agreement has been approved by
the Brazos County Commissioner's Court; and (3) it has been signed on behalf of
the County by the County Judge or his delegate authorized to enter into the
Agreement.
FABids\2020\20-066 Concession Services for Expo\June 2020 Concessionaire
Contract.docx Page 2
Vol. �_ pg.
SECTION 6. RENTAL FEE AND PAYMENT
A. The Rental Fee and Payment contained in this section is waived for the first (6)
months of this contract and will begin on January 1, 2021 and will continue for the
remainder of the contract term and any subsequent renewals based on this
contract.
B. Monthly Rental Fee. As part of the consideration for County's granting the
Concession rights herein above set forth, Concessionaire shall pay to County a
monthly rental fee as follows:.
Ten percent (10%) of the gross receipts for all events, ticketed and non -ticketed,
for all non-alcoholic beverages sales; and Ten percent (10%) of the gross receipts
for all outside (all Pavilions, all Arenas and all other outside space) ticketed events
and Ten percent (10%) of the gross receipts for non -ticketed outside events and
ticketed/non-ticketed inside (Exhibit Hall and Ballrooms) events produced by food
sales each month;
less applicable retail sales tax or other direct taxes imposed upon receipts
collected from consumer sales for the time period(s) under this Agreement.
The sale of other items must be expressly permitted and approved in writing by the
County. A percentage of gross receipts will apply and will be negotiated prior to
approval of said items for sale.
C. Payment Due. Said payment shall be due and payable by the fifteenth (15th)
day of each calendar month based on the gross receipts received in each previous
month. Each monthly payment shall be accompanied by a monthly report showing
concession sales during the preceding month with detail on gross sales by event.
The payment and monthly rental report shall be addressed to:
Brazos County Treasurer
200 South Texas Ave., Suite 240
Bryan, TX 77803
With a copy to:
Sales Coordinator Brazos County Exposition Complex
5827 Leonard Road
Bryan, TX 77807
D. Gross Receipts Defined. The term "gross receipts" is defined as the total
amount charged for the sale of any goods or services (whether or not such services
are performed as a part of or in connection with the sale of goods) provided in
connection with this Concession, but not including any of the following: Cash
discounts allowed or taken on sales; any sales taxes, use taxes, or excise taxes
required by law to be included in or added to the purchase price and collected from
the consumer or purchaser and paid by Concessionaire; receipts from -the sale of
waste or scrap materials resulting from the Concession operation; receipts from
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the sale of or the trade-in value of any furniture, fixtures, or equipment used in
connection with the Concession and owned by Concessionaire. Concessionaire
shall not reduce or increase the amount of gross receipts, as herein defined, as a
result of any of the following:
1. Any error in cash handling by Concessionaire or Concessionaire's
employees or agents;
2. Any losses resulting from bad checks received from the consumers or
purchasers; or from dishonored credit, charge, or debit card payments: or
any other dishonored payment to Concessionaire by customer or
purchaser;
3. Any arrangement for a rebate, kickback, or hidden credit given or allowed
to customer.
E. Rental Reports.
1. Rental Reports by Event. For the first six months of operation,
Concessionaire shall transmit, at the completion of each event in which
Concessionaire has conducted sales, an inventory rendition and statement
of Gross Receipts and such other information as the County Auditor may by
written memorandum require.
2. Monthly Rental Reports. Commencing in the seventh month of operations
and thereafter, and with the written consent of the County Auditor,
Concessionaire shall transmit a rental payment containing Monthly Gross
Receipts and a Rent Report for each month in which rent is submitted. The
completed form shall include a statement of the Gross Receipts by source
of sales and such other information as the County Auditor may require.
F. Late Payment Fee. In the event of late or delinquent payments by
Concessionaire, the latter recognizes that County will incur certain expenses as a
result thereof, the amount of which is difficult to ascertain. Therefore,
Concessionaire agrees to pay the County a late fee the of $150.00 for each month
late plus interest. calculated at the rate of eighteen percent (18%) per annum,
assessed monthly, on the balance of the unpaid amount. Payments shall be
considered past due if postmarked after the fifteenth (15th) day of the month in
which payment is.due.
F. Annual Accounting Adjustment. At the end of the initial twelve (12) month -period
(and at the end of each twelve (12) month period of any renewal term thereafter),
Concessionaire shall prepare and submit to the County Auditor a statement
showing the total gross receipts for the said twelve (12) month period and the rental
paid for the said twelve (12) months.
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SECTION 7. HOURS AND DAYS OF OPERATION
A. Concessionaire must be open for business in the specific permanent locations,
applicable to the event(s) visible to the public and the event clients.
Concessionaire must be open for business during the hours agreed upon in
advance with Expo management and each specific event client. Convenient
concessions must be available in both the North and South Arenas or the
appropriate combination of locations when there are two or more events happening
at the same time. Hours of may not be changed without prior written approval of
the County or the Expo management staff in charge at the time. Concessionaire
may not arbitrarily close a concession location or cease operations while events
are still in progress without appropriate Expo management approval.
B. Any deviation from the hours specified shall be subject to prior written approval
of the County.
C. The Concession premises shall be open for all events according to the schedule
provided by the County.
SECTION 8. OPERATING RESPONSIBILITIES.
Concessionaire shall, at all times during the term of the Agreement, comply with
the following conditions:
A. Cleanliness: Concessionaire shall, at its own expense, keep the Premises and
the surrounding area [at least twenty-five (25) feet] clean and sanitary at all times.
No offensive or refuse matter, nor any substance constituting an unnecessary,
unreasonable, or unlawful fire hazard, nor any material detrimental to the public
health, shall be permitted to remain thereon, and Concessionaire shall prevent any
such matter or material from being or accumulating upon said Premises. If, as
determined by the County, the Concession is deemed unclean, unsanitary, or does
not meet the standards of the County or Brazos County Public Health Department,
and after giving ten (10) days written notice to correct such deficiencies,
Concessionaire fails to correct such deficiencies by the end of the ten (10) days,
then the County may, terminate the Agreement and all terms and conditions
contained herein. Concessionaire, at its own expense, shall see that all garbage
or refuse is collected as often as necessary and in no case less than once a day
and disposed of in the main dumpster. Concessionaire shall furnish all equipment
and materials necessary.
B. Conduct: Concessionaire and its representatives, agents-, servants, and
employees shall at all times conduct its business in an orderly manner to the
satisfaction of the County. During an event, if there is any perceived issue; onthe-
part of the concessionaire, with the public, vendors or Expo clients, the
concessionaire or their -representatives must provide specific information regarding
the issue to the appropriate Expo staff member managing the event. In no
circumstances shall the concessionaire address or discuss any issue with anyone
other than the Expo staff member in charge at the time. The concessionaire shall
never make direct contact regarding an issue with any guest. Any conduct less
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EVOLPg.
than a positive, professional attitude with and/or between the concessionaire or
their representative and Expo management will not be tolerated and can be
grounds for immediate termination of the current contractual Agreement.
C. Disorderly Persons: Concessionaire shall use its best efforts to permit no
intoxicated person(s), profane or indecent language, or boisterous or loud conduct
in or about the Premises and shall not knowingly allow the use or possession of
illegal drugs, narcotics, or controlled substances on the Premises. Concessionaire
will call upon peace officers to assist in maintaining peaceful conditions. Any
incident that occurs where first responders of any kind are called shall be reported
to the County as soon as reasonably possible.
D. Non-Discrimination/Equal Employment Practices/Affirmative Action.
Concessionaire, in its Concession operations at the Facility, for itself, its personal
representatives, successors in interest and assigns, as part of the consideration
hereof, does hereby covenant and agree that:
(1) no person on the grounds of race, color, national origin, religion, ancestry, sex,
age, physical disability, or sexual orientation shall be excluded from participation,
denied the benefits of or be otherwise subjected to unjust discrimination in access
to or in the use of the facilities covered herein; -
(2) Concessionaire, during the term of the Agreement, agrees not to unjustly
discriminate in its employment practices against any employee or applicant for
employment because of the employees or applicant's race, color, religion, national
origin, ancestry, sex, age, physical disability, or sexual orientation. All subcontracts
entered into by Concessionaire shall be approved in advance by County and shall
contain a like provision.
E. Personnel:
1. Food Handler Certificate: For the Concession Food Manager and other
applicable employees or agents, if any, required by statute, rule and ordinance,
including the Texas Food Establishment rules and Bryan City Ordinance Ch 50
(sec 50-33), Concessionaire shall provide the County with proof of food handler
certificates on applicable employees.
2. Qualified Personnel: Concessionaire will, in the operation of the Concession,
employ or permit the employment of only such personnel as will assure a high
standard of service to the public and cooperation with the County. All such
personnel, while on or about the Premises, shall be neat in appearance and
courteous at all times and shall be appropriately attired, with name badges or other
suitable means of identification. No person employed by Concessionaire, while on
or about the Premises, -shall be under the influence of illegal drugs, controlled
substances or alcohol, or use inappropriate language, or engage in inappropriate
conduct for a work environment. In the event an employee is not satisfactory, the
County may direct Concessionaire to remove that person from the Premises..
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3. Concession Manager: Concessionaire shall appoint, subject to written approval
by the County, a Concession Manager of Concessionaire's operations at the
Facility. If Concessionaire elects to subcontract the management of any or all of
the Concession operations to a managing entity or entities, the provisions of this
section shall also apply to any such entity. Such person must be a qualified and
experienced food service manager or supervisor of food service operations, vested
with full power and authority to accept service of all notices provided for herein and
regarding operation of the Concession, including the quality and prices of
Concession goods and services, and the appearance, conduct, and demeanor of
Concessionaire's agents, servants, and employees. The Concession Manager
shall be available during regular business hours and, at all times during that
person's absence, a responsible subordinate shall be in charge and available.
4. Approval of Employees, Volunteers and Subcontractors: County shall have the
right to approve or disapprove, with cause, all employees, volunteers and
subcontractors (including all employees and volunteers for any subcontractor) of
Concessionaire. (*see section 14 regarding subcontracting)
F. Price Schedules and Merchandise.
1. County agrees that Concessionaire's merchandise (other than the merchandise
discussed below), including its prices for same, shall be within Concessionaire's
discretion; subject, however, to disapproval by the County if the selection of items
offered is inadequate, of inferior quality, or if any of said prices are excessively
high or low in the sole opinion of the County. Such determination shall not be
unreasonable and shall take into account the business considerations presented
by Concessionaire.
2. All menu items and service, offered for sale and/or sold by Concessionaire in
said Premises, shall be of high quality and must be related to the ordinary business
of the Concession.
3. The sale of alcoholic beverages is not permitted under the terms of this
agreement. Should Concessionaire desire to provide for the sale of alcoholic
beverages, Concessionaire will be required to negotiate an addendum to this
agreement to provide for same and provide proof of obtaining necessary permits
and compliance with all rules and regulations of the Texas Alcoholic Beverage
Control Board.
4. The sale of specific non-alcoholic beverage products must be approved by the
County and conform to the terms of any existing sponsorship agreement between
the Facility and a specific designated company or from any similar successor
sponsor. If, or when, an exclusive provider of non-alcoholic beverages ceases to
be the exclusive provider at the Facility, the County shall inform the
Concessionaire of the termination of the sponsorship agreement with the company
and the terms of any new or successor agreement, if any. Concessionaire is
obligated under the terms of this Agreement to purchase non-alcoholic beverages
from any sponsor designated by the Facility. However, if the Facility does not enter
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into a sponsorship agreement with a bottler, the Concessionaire may purchase its
non-alcoholic beverages at its discretion, provided that the monthly rental fees for
non -ticketed events are renegotiated, agreed upon and approved in advance by
the County and the Concessionaire.
G. Equipment, Furnishings, and Expendables:
1. All equipment, furnishings, and expendables required for said Concession shall
be purchased and installed by Concessionaire at its sole expense. A refrigerator
and freezer will be provided by the County.
2. County reserves the right to replace any and all items of County -owned
equipment at this Concession with functionally equivalent equipment.
3. If County does not renew said Agreement, Concessionaire shall have the right
to remove its own equipment, furnishings, and expendables, but not
improvements, from the Premises and shall be allowed a period of thirty (30)
calendar days to complete such removal. If not removed within that period, said
equipment, furnishings and expendables become the property of County.
H. Maintenance of Equipment. Concessionaire shall, at all times and at its own
expense, keep and maintain all equipment in the same condition as received by
Concessionaire, except for normal wear and tear, whether owned and/or installed
by Concessionaire or County. Maintenance of County owned equipment due to
normal wear and tear shall be the responsibility of the County.
I. Signs and Advertisements.
1. Concessionaire shall not erect, construct, or place any signs, banners, ads, or
displays of any kind whatsoever upon any portion of County property without the
prior written approval from the County.
2. Concessionaire shall not permit vendors to display wares inside or outside the
building or on said property unless written permission is secured from the County
in advance of installation.
3. Upon the expiration or termination of the Agreement, Concessionaire shall, .at
its own expense, remove or paint out, as County may direct, any and all.of its signs
and displays on the Premises.
J. Mobile Food Cart: Concessionaire may, with the written consent of the County,
provide a mobile food cart for food and beverage service with items stocked from
the main Concession Premises.
K. Safety: Concessionaire shall correct safety deficiencies, and violations of safety
practices, immediately after the condition becomesknown or the County notifies
Concessionaire of said condition. Concessionaire shall cooperate fully in the
investigation of accidents occurring on Concession Premises.
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SECTION 10. MAINTENANCE OF PREMISES.
During all periods that the Premises are used or are under the control of the
Concessionaire for the uses, purposes, and occupancy aforesaid, Concessionaire
shall be responsible for all necessary janitorial duties and damage and
maintenance repairs, to the satisfaction of the County.
A. Interior of Premises:
1. Areas to be Maintained by Concessionaire: Concessionaire shall, at its own
expense, keep and maintain all the interior walls and surfaces of Concession
Premises and all improvements, fixtures, and utility systems which may now or
hereafter exist thereon, whether installed by County or Concessionaire.
2. Interior and Exterior of Common areas of the Premises and Common
Passageways: County shall maintain the interior and exterior of all walls and
surfaces of the facility, as well as all common passageways.
SECTION 11. LIABILITY
A. Indemnification. Except for the active negligence or willful misconduct or
intentional conduct of County, Concessionaire undertakes and agrees to defend,
indemnify and hold harmless County and any and all of County's Officers, Agents,
and Employees from and against all suits and causes of action, claims, losses,
demands and expenses, including, but not limited to, attorney's fees and cost of
litigation, damage or liability of any nature whatsoever, for death or injury to any
person, including Concessionaire's employees and agents, or damage or
destruction of any property of either party hereto or of third parties, arising in any
manner by reason of, or incident to, the performance of this Agreement on the part
of Concessionaire, its officers, agents, employees, or sub -contractor of any tier.
B. Insurance:
1. General Conditions: Concessionaire shall obtain and keep in force during each
term of this Agreement an insurance policy or policies which covers all operations
conducted pursuant to this Agreement. Such insurance policy or policies must
name the County as additional insured. Without limiting Concessionaire's
indemnification of County, Concessionaire shall provide and maintain at its own
expense during the entire term of the Agreement the following insurance having
the limits as set forth and the certificate of insurance must specify the following
requirements:
Commercial General Liability $1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000- Products-Come/OSH Agency
$1,000,000 Personal and Advertising -Injury
$ 100,000 Fire Damage (any fire)
Automobile Liability $ 100,000 Bodily Injury -Per Person
$ 300,000 Bodily Injury -Each Accident
$ 100,000 Property Damage -Each Incident
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a. Additional Insured: County, its Officers, Agents and Employees shall be included
as additional insureds in all liability insurance policies except: Workers'
Compensation Employer's Liability, Professional Errors and Omissions and
second -party Legal Liability coverages (such as Fire Legal). County shall be
named Loss Payee as Its Interest May Appear in all required property, fidelity or
surety coverages.
b. Primary Insurance: Such insurance shall be primary with respect to any
insurance maintained by County and shall not call on County's insurance program
for contributions.
c. 30 -Day Notice: With respect to the interest of County, such insurance shall not
be canceled, materially reduced in coverage or limits or non -renewed except after
thirty (30) days written notice by receipted delivery (e.g. certified mail -return
receipt, courier) has been given to the County Risk Manager.
d. Aggregate Limits/Blanket Coverage: If any of the required insurance coverages
contain aggregate limits or apply to other operations or tenancy of Concessionaire
outside this Agreement, Concessionaire shall give County prompt, written notice
of any incident, occurrence, claim, settlement or judgment against such insurance
which in Concessionaire's best judgment will diminish the protection such
insurance affords County.
SECTION 12. PROHIBITED ACTS
Concessionaire shall not:
1. Place any additional lock of any kind upon any window or interior or exterior
door in the Premises, or make any change in any existing door or window lock or
the mechanism thereof, unless a key therefore is maintained on the Premises, nor
refuse, upon the expiration or sooner termination of the Agreement, to surrender
to County any and all keys to the interior or exterior doors on the Premises, whether
said keys were furnished to or otherwise procured by Concessionaire, and in the
event of the loss of any keys furnished by the County, Concessionaire shall pay
COUNTY, on demand, the cost for replacement thereof;
2. Do or permit to be done any act or thing upon the Premises which will invalidate,
suspend or increase the rate of any insurance policy required under the
Agreement, or carried by County, covering the Premises, or the buildings in which
the same are located or which, in the opinion of the County, may constitute a
hazardous condition that will increase the risks normally attendant upon the
operations contemplated under the Agreement, provided, however, that nothing
contained herein shall preclude Concessionaire from bringing, keeping or using on
or about the Premises such materials, supplies, equipment and/or machinery as
are appropriate or customary in carrying on its business, or from carrying on said
business in all respects as is customary.
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3. No firearms, explosives devices or any illegal substances and/or items are
allowed to be in the possession of the concessionaire and/or its employees while
on county property.
SECTION 13. INDEPENDENT CONTRACTORS AND CONSULTANTS
The Concessionaire is acting hereunder as an independent contractor and not as
an agent or employee of the County. The Concessionaire shall not represent or
otherwise hold itself or any of its directors, officers, partners, employees, or agents
to be an agent or employee of the County.
SECTION 14. TAXES. PERMITS. AND LICENSES
A. Concessionaire shall obtain and maintain at its sole expense all approvals,
permits, or licenses that may be required in connection with the operation of the
Concession including, but not limited to, tax permits, business licenses, health
permits, building permits, police and fire permits, etc.
B. Concessionaire shall pay all taxes of whatever character that may be levied or
charged upon the rights of Concessionaire to use the Premises, or upon
Concessionaire's improvements, fixtures, equipment, or other property thereon or
upon Concessionaire's operations hereunder.
SECTION 15. ASSIGNMENT/SUBLEASE
The Concessionaire may not, without prior written permission of the County,
assign or otherwise alienate any of its rights hereunder, including the right to
payment or delegate, subcontract, or transfer any of its duties hereunder.
SECTION 16. BUSINESS RECORDS
Concessionaire shall maintain during the term of the Agreement and for three (3)
years thereafter, all of its books, ledgers, journals, and accounts wherein are kept
all entries reflecting the gross receipts received or billed by it from the business
transacted pursuant to the Agreement. Such books, ledgers, journals, accounts,
and records shall be available for inspection and examination by the County
Auditor, or a duly authorized representative, during ordinary business hours at any
time during the term of this Agreement and for at least three (3) years thereafter.
A. Cash and Record Handling Requirements: If requested by the County or the
County Auditor, Concessionaire shall prepare a description of its cash handling
and sales recording systems and equipment to be used for operation of the
Concession which shall be submitted to the County for approval. Concessionaire
shall be required to maintain a method of accounting of the Concession which shall
correctly and accurately reflect the gross receipts and disbursements received -or ---
made by Concessionaire from the operation of the Concession. The method of
accounting, including bank account is, established for the Concession shall be
separate from the accounting systems used for any other business operated by
Concessionaire or for recording Concessionaire's personal financial affairs. Such
method shall include the keeping of the following documents:
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Regular books of accounting such as general ledgers.
2. Journals including supporting and underlying documents such as vouchers,
checks, tickets, bank statements, etc.
3. State and Federal income tax returns and sales tax returns and checks and
other documents proving payment of sums shown.
4. With the exception of a limited number of large events in which the Auditor
has or may have granted Concessionaire prior written permission to utilize an
inventory control system in lieu of cash registers, cash register tapes shall be
retained so that day to day sales can be identified. A cash register must be used
in public view which prints a dated double tape, indicating each sale and the daily
total. Permission to utilize an inventory control system in lieu of cash registers must
be given to and received by the Auditor and the Expo at least thirty days prior to a
scheduled event.
5. Any other accounting records that County, in its sole discretion, deems
necessary for proper reporting of receipts.
B. Method of Recording Gross Receipts: Unless otherwise specified in the
Agreement, Concessionaire shall obtain and install a cash register(s) on which it
shall record all gross sales. The cash register shall be non-resettable and sufficient
to supply an accurate recording of all sales on tape. The purchase price, terms,
make and/or model of such cash register shall be within the Concessionaire's
discretion. However, Concessionaire shall not purchase or install the cash register
before obtaining the County's written confirmation that the register to be
purchased meets the requirements of this provision. All cash registers shall have
a price display which is and shall remain at all times visible to the public.
C. Annual Statement of Gross Receipts and Expenses: Concessionaire shall
transmit a Statement of Gross Receipts and Expenses (Profit and Loss Statement)
for the Concession operations as specified in the Agreement, in a form acceptable
to the County Auditor, on or before April 30th of each calendar year during each
term of the Agreement. An extension may be granted in writing, prior to the April
30th due date, by the County Auditor, provided sufficient verification of the need
for the extension is provided. County may also from time to time conduct an audit
and re -audit of the books and business conducted by Concessionaire and observe
the operation of the business. If the report of gross sales made by Concessionaire
to County shall be found to be less than the amount of gross sales disclosed by
such audit and observation, Concessionaire shall pay County within 30 days after
billing any additional rentals disclosed by such audit. If discrepancy exceeds 2%
and no reasonable explanation is given for such discrepancy, Concessionaire shall
also pay the cost of the audit.
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SECTION 17. REGULATIONS, INSPECTION, AND DIRECTIVES
A. The operations conducted by Concessionaire pursuant to the Agreement shall
be subject to:
1. All rules, regulations, orders, and restrictions enacted by the County with
respect to the operation of the Facility;
2. Any and all applicable laws, ordinances, statutes, rules, regulations, and of
any governmental authority, federal, state or municipal, lawfully exercising
authority over the Concessionaire's operations; and,
B. Permissions: Any permission required by the Agreement shall be secured in
writing by Concess)onaire from County and any errors or omissions therefrom shall
not relieve Concessionaire of its obligations to faithfully perform the conditions
therein. Concessionaire shall immediately comply with any written request or order
submitted to it by County.
C. Right of Inspection: County, its authorized representatives, agents and
employees shall have the right to enter upon the Concession Premises at any and
all reasonable times for the purpose of inspection, evaluation, and observation of
Concessionaire's operation. During these inspections, they shall have the right to
photograph, film, or otherwise record conditions and events taking place upon the
Premises. The inspections may be made by persons identified to Concessionaire
as County Employees or may be made by independent contractors engaged by
County. Inspections may be made for the purposes set forth below, and for any
other lawful purpose for which the County or another governmental entity with
jurisdiction is authorized to perform inspections of the Premises:
1. To assess compliance with terms and conditions of the Agreement; or
2. To observe transactions between the Concessionaire and patrons to
evaluate the quality of services provided or quality and quantities of items sold or
dispensed.
SECTION 18. TERMINATION
A. By County: County shall have the right, via 30-day written notice, to terminate
the- Agreement in its entirety and all rights ensuing therefrom as provided by
applicable law if any one or more of the following events occur:
1. Concessionaire fails to keep, perform and observe any promise, covenant
and condition set forth in the Agreement on its part after receipt of written notice of
default from County;
2. The interest of Concessionaire under the Agreement is assigned,
transferred, passes to or devolves upon, by operation of law or otherwise, any
other person, firm or corporation without the written consent of County;
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3. Concessionaire becomes, without the prior, written approval of County a
successor or merged corporation in a merger, a constituent corporation in a
consolidation or a corporation in dissolution;
4. The levy of any attachment or execution, or the appointment of any receiver,
or the execution of any other process of any court of competent jurisdiction which
is not vacated, dismissed or set aside within a period of ten (10) days and which
does, or as a direct consequence of such process will, interfere with
Concessionaire's use of the Premises or with its operations under the Agreement;
5. Concessionaire becomes insolvent, or takes the benefit of any present or
future insolvency statute, or makes a general assignment for the benefit of
creditors, or files a voluntary petition in bankruptcy, or a petition or answer seeking
an arrangement for its reorganization, or the arrangement for its reorganization, or
the readjustment of its indebtedness under the federal bankruptcy laws or under
any other law or statute of the United States, or of any state law, or consents to
the appointment of a receiver, trustee or liquidator of all or substantially all of its
property or its property located within the Concession areas;
6. Cessation or deterioration of service for any period which, in the opinion of
County, materially and adversely affects the operation or service required to be
performed by Concessionaire under the Agreement; or
B. County's Right of Reentry: County shall, as an additional remedy, upon the
giving of written notice of termination as above provided, have the right to reenter
the Premises and every part thereof on the effective date of termination without
further notice of any kind, remove any and all persons therefrom and may regain
and resume possession either with or without the institution of summary or legal
proceedings or otherwise. Such reentry, however, shall not in any manner affect,
alter or diminish any of the obligations of Concessionaire under the Agreement.
C. Additional Rights of County: County, upon termination of the Agreement, or
upon reentry, regaining, or resumption of possession of the Premises, may occupy
said Premises and shall have the right to permit any person, firm or corporation to
enter upon the Premises and use the same. Such occupation by others may be of
only a part of the Premises, or the whole thereof or. a part thereof together with
other space, and for a period of time the same as or different from the balance of
the term remaining hereunder, and on terms and conditions the same as or
different from those set forth in the Agreement.
D. Survival of Concessionaire's Obligations: In the event the Agreement is
terminated byl County, or in the- event County reenters, regains, or resumes
possession of the Premises, all of the obligations of Concessionaire hereunder
shall survive and shall remain in full force and effect for the full term of the
Agreement, subject to County's obligation to mitigate damages.
By Concessionaire:
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Vol. 31 L-- Pg.
The Agreement may be terminated by Concessionaire, via 30 -day written notice,
upon the happening of one or more of the following events:
The permanent abandonment of the Facility;
2. The lawful assumption by the United States Government, or any authorized
agency thereof, of the operation, control or use of the Facility or any substantial
part thereof, in such manner as to materially restrict Concessionaire from operating
thereon;
3. The complete destruction of all or a substantial portion of the Premises from
a cause other than the negligence or omission to act of Concessionaire, its agents,
officers, or employees, and the failure of County to repair or reconstruct said
Premises;
4. Any exercise of authority under the Agreement which interferes with
Concessionaire's use and enjoyment of the Premises as to constitute a
termination, in whole or in part, of the Agreement by operation of law; or
SECTION 19. FORCE MAJEURE
Neither party hereto shall be liable to the other for any failure, delay, or interruption
in the performance of any of the terms, covenants or conditions of the Agreement
due to causes beyond the control of that party including, without limitation, strikes,
boycotts, labor disputes, embargoes, shortage of material, acts of God, landslides,
acts of the public enemy, acts of superior governmental authority, floods, riots, or
any other circumstance for which such party is not responsible and which is not in
its power to control.
SECTION 20. AGREEMENT. BINDING UPON SUCCESSORS
The Agreement shall be binding upon and shall inure to the benefit of the
successors, heirs, executors, administrators, and assigns of the parties hereto.
SECTION 21. LAW AND VENUE
The Agreement shall be construed under the laws of the State of Texas and venue
of any action brought under the Agreement shall lie in Brazos County.
SECTION 22. ATTORNEY'S FEES
If County shall, without any fault, be made a party to any litigation commenced by
or against Concessionaire arising out of or related to Concessionaire's use or
enjoyment of the Premises and as a result of which Concessionaire is finally
adjudicated to be liable; then Concessionaire shall pay all costs and reasonable
attorney's fees incurred by or imposed upon County in connection with such
litigation.
SECTION 23. NOTICES
A. To County: Unless otherwise stated in the Agreement, written notices to County
hereunder shall be addressed as follows:
FABidsT020120-066 Concession Services for ExpoWune 2020 Concessionaire
Contract.docx Page 15
vol. 1 Pg.
Brazos County Judge
200 So. Texas Ave., Suite 332
Bryan, Texas 77803
With a copy to:
General Manager, Brazos County Expo Complex
5827 Leonard Road
Bryan, Texas 77807
All such notices may either be delivered personally or may be deposited in the
United States mail, properly addressed as aforesaid with postage fully prepaid for
delivery by registered or certified mail. Service in such manner by registered or
certified mail shall be effective upon receipt. County shall provide Concessionaire
with written notice of any address change within thirty (30) days of the occurrence
of said address change.
B. To Concessionaire: Written notices to Concessionaire shall be addressed to
Concessionaire as follows:
G & N Concessions
3429 Hickory Leaf Ct
Conroe, TX 77301
All such notices may either be delivered personally to the Concessionaire or to any
officer or responsible employee of Concessionaire or may be deposited in the
United States mail, properly addressed as aforesaid with postage fully prepaid for
delivery by registered or certified mail. Service in such manner by registered or
certified mail shall be effective upon receipt. Concessionaire shall provide County
with written notice of any address change within thirty (30) days of the occurrence
of said address change.
SECTION 24. INTERPRETATION
The language of the Agreement shall be construed according to its fair meaning
and not strictly for or against either County or Concessionaire. The section
headings appearing herein are for the convenience of the parties and shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning or
intent of the provisions of the Agreement. If any provision of the Agreement is
determined to be void by any court of competent jurisdiction, then such
determination shall not affect any other provision of the Agreement, and all such
other provisions shall remain in full force and effect; and it is the intention of the
parties hereto that if any . provision of the Agreement is capable of two
constructions, one of which render the provision void and the other of which would
render the provision valid, then the provision shall have the meaning which renders
it valid.
F:1131ds12020120-066 Concession Services for ExpoWune 2020 Concessionaire
Contract.docx Page 16
Vol..pg.�
SECTION 25. AGREEMENT CONTAINS ENTIRE AGREEMENT
The provisions of the Agreement contain the entire Agreement between the parties
hereto and said Agreement may not be modified except by formal, written
amendment fully executed by both County and Concessionaire.
IN WITNESS WHEREOF, Brazos County has caused this Agreement to be
executed and Concessionaire has executed the same as of the day and year
herein below written.
S`�
Duane Peters, County Judge
Brazos Coun y Judge
Date: rts
Attest: taw
Karen McQueen
Brazos County Clerk
N aONCESSIONS
Eva'(Nancy) Ward
Proprietor
Date: 4 Z y- ZoZU
Glenn Ward
Proprietor
Date: \o-1-�V'L.O"LZ
F:\Bids\2020\20-066 Concession Services for Expo\June 2020 Concessionaire
Contract.docx Page 17
Vol. JT P9•
ORDER
COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT
FOR PROFESSIONAL SERVICES MADE BY A COUNTY
UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4)
The referenced Agreement between Brazos County and My Doc - Dr. Joel Richards for
the provision of services described in the referenced Agreement constitutes a contract.
The Brazos County Commissioners Court finds that this is a contract for professional
services and is exempt from competitive bidding. This Order is made pursuant to
V.T.C.A. Local Government Code §262.024(a)(4) and is to be entered into, the
Commissioners Court minutes.
APPROVED( ) DISAPPROVED (
OMMI COURT ON " / d (DATE)
Duane Peters, County Judge
VOI I. .'7�. pg. ,60
AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE,
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE IsM, the undersigned authority, on July 7, 2020 uersonally appeared
Chuck Konderla , who being duly sworn, deposes and says:
1. That he/she has a substantial interest in a business entity or real property. Official action taken by the
Commissioners Court of Brazos County, Texas concerning Agenda Item No. 8 of the Court
Agendadated July 7, 2020 describedas Contract 20-134 for Medical and Health Services forJail,
Juvenile, and Employee Health Clinic with Dr. Joel Richards, would have a special economic effect on that
business entity or a special economic effect on the value of the real property, that is distinguishable from the effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
() a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
() b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
() c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
() d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
e. other Avoid conflict of interest
3. That I will abstain from participation in the matter referred to in Item 1 unless authorized by law.
SWORN TO AND SUBSCRIBED BEFORE ME this the EL!4ef_ 20&
Notary Public in and fo
AN r GALEGO . The State of Texas /
®� NOI.k: 1 'tjBLIC STATE OF TEXAS
!A� ,OMNI EXA 01/09/2023
y'?o +DIARY !0 317026-8
AGREEMENT FOR -MEDICAL AND HEALTH SERVICES
FOR THE BRAZOS COUNTY JAIL, BRAZOS COUNTY
JUVENILE DETENTION CENTER AND THE BRAZOS
COUNTY EMPLOYEE HEALTH AND WELLNESS CLINIC
This Agreement for M e d i c a 1 and Health Services is entered into by and between
Brazos County, Texas ("County") and Dr. Joel Richards, D.O. "AKA" Richards
Emergency Services, PA ("Provider").
1. Provision of Services - The Provider agrees to provide medical and health
services, and medical director services, at the Brazos County Jail, Brazos County
Juvenile Detention Center and the Brazos County Employee Health and Wellness Clinic
in accordance with Exhibit "A" and this Agreement. This includes all
necessary physician and medical director services as set forth in the Exhibit "A" and
this Agreement.
2. Terms and Conditions - The terms and conditions of this Agreement are as set forth
below and in Exhibit "A". Except as otherwise stated, modified or supplemented
in this Agreement. Provider must implement procedures and oversight to maintain
compliance with applicable laws, and the regulations of the Texas Commission on Jail
Standards, with regard to delivery of the services.
3. Term of Agreement - Unless terminated earlier as provided herein, the term of
this Agreement is One (1) year beginning on the date that the medical malpractice
insurance has been obtained and/or confirmed, but no later than September 1, 2020 and
ending no later than August 31, 2021. Additionally, this Agreement is renewable,
in its entirety, for additional one (1) year terms as agreed to by the parties.
4. Fee - Provider's annual fee for services under this Agreement is Two Hundred
Thousand Dollars and No Cents ($200,000). This fee is inclusive of all
professional services to be provided by the Provider. The fee does not include costs
retained by the County, such as malpractice insurance, supplies, medications, County
employee salaries, or outside care.
Payment of Fee - County shall pay the fee in monthly payments of Sixteen
Thousand Six Hundred and Sixty -Six Dollars and No Cents ($16,666.00) for
the first eleven (11) months and a final payment of Sixteen Thousand Six
Hundred and Seventy -Four Dollars and No Cents ($16,674.00). The payment
for a month is due and payable within 30 days of the Provider submitting an
invoice for services. Note *(In most cases, If an invoice is received by Monday in
any particular month, payment will normally be made by the following Tuesday.) If
this Agreement is terminated for any reason set forth in this Agreement except Section
8, Provider's entitlement to any unearned portion of the fee is lost; and Provider's sole
remedy shall be recovery of fees actually earned but unpaid at the date of termination.
` oi. 7 Pgn
Termination - This Agreement may be terminated by the County after thirty (30)
days written notice and opportunity to cure (if cure is possible) for any of the following
reasons:
a) failure of Provider to provide the services as promised;
b) irreconcilable conflict between Provider and County Staff (employees
and/or patients);
c) repeated violations of Jail security rules;
d) negligence in rendering care to patients;
e) sexual, racial or other type of prohibited harassment by medical staff of Jail
staff, inmates or county employees;
f) any romantic relationship between a member of medical staff and any
inmate;
g) violation of confidentiality laws relating to health care information;
h) failure or refusal to cooperate with Jail staff in the investigation of
grievances or complaints;
i) determination after an internal investigation, notice, and an opportunity to
be heard that the Provider has violated the civil rights of an inmate; or
j) arrest of Provider for a felony or misdemeanor of Class B or above.
7. Immediate Termination - The County may terminate this Agreement'
immediately and without any notice or cure period if:
a) Provider is convicted of a felony or a misdemeanor of Class B or
above;
b) A court determines that the Provider failed to provide medical care to
any inmate at the Jail in accordance with the accepted standard of care;
c) Suspension or revocation of medical license;
d) Violation of the civil rights of an inmate as determined by a court of
competent jurisdiction; or
e) Where care is so objectively deficient as to create a risk to County,
Patients and potential liability to the County.
Termination by Provider - Provider may terminate this Agreement after 30 days
written notice to the County and opportunity to cure if the County fails to pay the fee
payments as required herein.
9. Notice of Termination - If in the event the Provider provides written notice to the
County of termination and/or the Provider desires not to renew this_ contract. Provider
agrees to continue a month to month agreement for the same services and rate with the
County for a reasonable period of time so that an appropriate replacement can be found
and transitioned into the Provider's position.
10. Medical J u.d g m e n t - Medical care must be rendered based on -medical judgment
voo. , 317 Pg.�1—
and the medical needs of the patient at all times. The Provider has exclusive control of
the standard of care and treatment that a patient receives and is in no way subordinate to
any other County employee or elected official in that determination. The Provider shall
exercise the degree of professional skill appropriate in the relevant medical community
in carrying out its duties under this Agreement.
11. Independent Contractor - Provider shall not be considered an employee of the
County for any purpose, including but not limited to payroll taxes and withholding,
health insurance, unemployment insurance, or retirement. The Provider is an
independent contractor providing professional medical services using its own
training, skill and medical judgment.
12. Employment Decisions - Relating to County Employees. The Provider shall have
the authority to temporarily remove a medical employee from duty if necessary for
patient welfare. Employment decisions involving demotion, unpaid suspension or
termination will be made by the County Judge and/or County Commissioners. All
final hiring and firing decisions relating to medical personnel rest with the County
Judge and/or County Commissioners.
13. Peer Review - As part of the Provider's duties as Medical Director, the Provider
shall establish a peer review process for medical personnel when appropriate.
14. Insurance - Malpractice insurance shall be either obtained by the County or the
Provider. For the purpose of meeting the terms of this Agreement, Iiability limits are
required to be one million ($1,000,000) per occurrence and three million
($3,000,000) aggregate. If the Provider obtains the malpractice insurance, the
County shall reimburse the Provider for that portion of insurance that covers the
terms of this Agreement. Provider agrees to comply with any reasonable request
from the County to procure said Insurance. The Provider shall, submit proof of
insurance coverage prior to the start of services which shall name Brazos County as
an addition insured. Proof of insurance shall also be submitted by the Provider at
any other time during the term of this Agreement on the reasonable request of the
County. The insurance policy must contain a 30 -day notice to the County before
expiration or termination.
15. Indemnity — The Provider and the County mutually agree to indemnify and hold
each other harmless and defend each other, their officers, agents and employees from
and against any and all claims, losses, damages, causes of action, suits and liability of
any kind, including all expenses of litigation, court costs and attorney's fees, for
injury to or death of any person or any breach of contract, arising out of each party's
own negligent acts.
16. Provider Back-up/ Fill-in - Provider is responsible for providing an appropriate Fill -In
Provider in the event that the Contracting Provider becomes unavailable due to any
Vol. _�17 � Pg.-�
planned or unforeseen circumstances.
17. Third Parties - No provision of this Agreement shall inure to the benefit of any
third party, including, but not limited to, inmates or employee patients. No other
person or entity other than Physician and County may enforce any portion of this
Agreement.
18. Applicable Law and Venue - This Agreement shall be construed according to, and
the rights of the parties shall be governed by, the laws of the State of Texas.
Venue of any action arising out of this Agreement shall be in a court of competent
jurisdiction in Brazos County, Texas.
19. Assignability - This Agreement is not assignable by the Provider without the prior
writing consent of the County.
20. Miscellaneous - This Agreement may only be amended by a writing signed by both
parties. If any of the provisions of this Agreement are found by a court of competent
jurisdiction to be invalid or unenforceable, they shall be severable from the
remainder of this Agreement and shall not cause the invalidity or unenforceability of
the remainder of this Agreement. This Agreement shall be binding upon and inure to
the benefit of the parties and their successors, personal representatives, and assigns.
DATED this 30th day of June , 2020.
Brazos County
By:
Duane Peters, Brazos County Judge
F
4
Provider
By: D.D.
Dr. Joel Ri6hards, Provider
Richards Emergency Services, PA
vol.._ 31 ^ Pg.—k-3
Exhibit "'A"
SERVICES/RESPONSIBILITES
1. Supervision of all medical staff
2. Mentoring and training of medical department staff when necessary
3. Care and Services to be provided by the Provider or his qualified designee
4. Available for daily medical guidance to medical department staff
5. Sick call Clinics as agreed to by the Jail and Juvenile Detention
6. Maintain HIPAA Compliance and Certification
7. Evaluation and treatment of inmates and patients as medically necessary
8. Maintain medical Compliance for the Brazos County Jail and Juvenile Detention Center as
required under Federal and State Law
9. Consult with any other provider as needed to ensure compliance and care
10. Maintain and review records are required for compliance
11. Consult with medical staff as required for compliance
12. Provide oversight of medicines and supplies needed and used by the Jail and Juvenile detention _
Nol.1�
Pg-
�
AMENDMENT #1 OF 20-077R Culverts
The parties to this AGREE TO THE AMENDMENT to Contract 20-77R are Brazos County, a
political subdivision of the State of Texas and MDN Enterprises, now known as Coburn Supply Company.
and WHEREAS, MDN Enterprises has changed its legal business name to Coburn Supply Company
WHEREAS, Vendor shall continue being responsible for the discharge or performance of any
duties or obligations to be performed or discharged under the Contract by the Vendor during the term of
the Contract: and
NOW, THEREFORE, for the good and valuable consideration stated herein, Purchaser and
Vendor agree as follows.
1. Vendor hereby accepts and agrees to perform all the duties and obligations to be performed
under the Contract to the same extent as it previously entered prior to its name change,
2. For the Purposes of this amendment the only change to the original contract is the name of the
Vendor. Vendor agrees and confirms that no other changes have been made. Vendor
represents thatA is the same entity that entered the original contract and agrees to be legally held
responsible for all terms contained in the original contract just as it would be if it had entered the
original contract under the name of Coburn Supply Company.
EXECUTED this _ 26 day of JUNE -,20-_n
fUUUMS-Q�,OUNT , a polltical.s div' ion of
e State of I as:
By:
Duane Peters, County Judge
VENDOR:
CoburnSupply C any
By: -
Name: JODY GR HAM
Title: REGIONAL MR VVRKS SALES MGR
V'01. J ) 2 pg. tQ5 -
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
M
DEPARTMENT: Budget Office
NUMBER:
DATE OF COURT MEETING:
717/2020
ITEM:
A request for additional funding towards the Financial Software Project in the amount of
$46,007.33.
TO:
Commissioners Court
FROM:
Irene Jett
DATE:
06/30/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
SOURCE OF FUNDS:
Fund 45000 Capital Projects
The additional funding will cover the GovSense Annual Subscription ($41,321.33) from
NOTEWEXCEPTIONS:
June 1, 2020 thru September 30, 2020, and the WhatFix Subscription ($4,686) that will
expire in August.
ACTION REQUESTED OR
Request approval.
ALTERNATIVES:
ATTACHMENTS:
File Name Description Type
No Attachments Available
APPR
o
Duane Peters ate
County Judge
Vol. 3 Pg. 0 D
httns://brazos.novusai!enda.com/AizendaWeb/CoverSheet.asT)x?ItemID=21668 7/2/2020
AMENDMENT #1 TO CONTRACT
Between Brazos County Juvenile Probation
1401 Highway 21 W
Bryan, TX 77803
And
Rite of Passage, Inc.
2560 Business Parkway, Ste. A
Minden, NV 89423
For and in consideration of mutual promises and/or their valuable consideration, all provisions of the original contract
for post -adjudication residential services, dated September 1, 2019 and valid through August 31, 2020 with an automatic
annual renewal clause in place, remains in full force and effect with the addition of the following:
1. Under Section II: Purpose, the following location shall be added, effective July 1, 2020:
The Oaks 800 FM 3254 Brownwood, TX 76001
Required Approval: This amendment to the original contract shall not become effective until approved by all parties, by
signatures below.
In witness whereof, the parties hereto have caused this amendment to the original contract to be signed and intend to
be legally bound thereby.
Rite of Passage, Inc.
By: 6 -
Carolyn Jen ns -Bower, Chief Financial Officer
Brazos County Juvenile Probation
By:
Director or Designee
Brazos CountyJuvenile Probation Services
By:
Brazos -County -Juvenile Board Representative
Vol. 317 Pg. _
ON C to Q 9— , 20 , FULLY EXECUTED IN
DUPLICATE, ACHaWHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
Br, my Co miss rs Court
By:
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
Dat
Vol. _e pg��
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM
DETENTION OF TUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF VICTORIA
VICTORIA COUNTY JUVENILE BOARD
VICTORIA COUNTY JUVENILE JUSTICE CENTER
Detention Services
September 1, 2020 - August 31, 2021
This Agreement is entered into by and between Brazos County, acting by and through its
duly authorized representative ( hereinafter "Juvenile Probation") and the Victoria County
Juvenile Board, acting by and through its duly authorized representative and the County
Judge, concerning detention services provided at the Victoria County Juvenile Justice
Center ( hereinafter "the Facility") by the Victoria County Juvenile Services Department
hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice
Department and/or any other appropriate State agency with licensure or regulatory authority
over this facility ("Service Provider").
PURPOSE
1.01 Whereas Brazos 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 or in the post dispositional treatment prescribed by the
Court. The placement facility to be utilized is owned and operated by Service Provider, and is
located at 97 Foster Field Dr, Victoria, Texas 77904.
TERM
2.01 The term of this Agreement is for 12 months commencing September 1, 2020 - August 31,
2021. It shall be automatically renewed for one year terms thereafter, commencing September
1st and ending August 31st; unless one party notifies the other in writing, at least thirty (30)
days prior to the expiration of said term, of its intention to not renew this Agreement.
PROVISIONS OF SERVICES
3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day,
seven days a week; routine medical examination and treatment within the Facility (but
shall not provide or pay for emergency examination, treatment, or hospitalization outside
the Facility); an approved education program; recreation facilities; and counseling to each
child placed within the Facility.
B. If emergency examination, EMS treatment, healthcare treatment and/or hospitalization
va. 317 Pg: (oG
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
outside the Facility ("Outside Treatment") is required for a child placed in the Facility,
the Administrator of the Facility is authorized to secure the Outside Treatment at the
expense of Juvenile Probation and agrees to indemnify and hold harmless Service
Provider, its officers, directors, representatives, agents, shareholders and employees from
any and all liability for charges for Outside Treatment. The Administrator shall notify
the appropriate Juvenile Probation officials of Outside Treatment with twenty-four (24)
hours of its occurrence.
C. Children from Juvenile Probation who are alleged to have engaged in delinquent
conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of
Supervision Order (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 appropriate Juvenile Court in accordance with the Texas Family Code, Title III
(Section 54.01). If the child is ordered detained, a certified copy of the Detention Order
must be delivered to the detention Facility prior to the child's re -admission.
D. Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
E. Acceptance of a child by the Facility will be determined by space availability. Service
Provider reserves the right to refuse admission of any child deemed inappropriate.
Service Provider has resolved to operate the Facility in compliance with the Juvenile
Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept
children whose detention would prevent the Facility from complying with the Juvenile
Justice and Delinquency Prevention Act or those "juveniles who are charged with or has
committed offenses that would not be criminal if committed by an adult or offenses which
do not constitute violations of valid court order, or such non -offenders as dependent or
neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act.
No child who is intoxicated or in need of immediate medical attention will be accepted
under any circumstances without having been seen, treated and released by a medical
professional.
If a child is accepted by the Facility from juvenile Probation and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally or physically unfit,
dangerous, unmanageable, unsuitable for the program or combination of such conditions
or whose mental or physical conduct would or might endanger the other occupants of the
Facility, then the Administrator shall notify Juvenile Probation of this determination. The
child shall immediately be removed from the Facility but in no event no longer than forty
eight (48) hours after notification. It will be the responsibility of Juvenile Probation, at
its expense, to provide for the transportation for the removal of the child.
F. Service Provider agrees that the facility will accept any child who qualifies, without
regard to such child's religion, race, creed, sex or national origin.
G. It is further understood and agreed by the parties that children placed in pre -adjudication
care in the Facility shall be removed from the Facility by the appropriate authorities from
Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10)
day working period authorized by the Court Order issued at the conclusion of the initial
detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has
been issued authorizing the continued detention, and a copy of the new Order has been
delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been
E vol.
—1-7-- Pg. rLc�_
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
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.
H. It is further understood and agreed by the parties that, children may be released to the
Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a)
paragraph E of this Article, (b) an Order of Release signed by the Judge of the
Juvenile Court of the Brazos County.
J. Service Provider shall be in compliance with all standards and requirements of the Texas
Juvenile Justice Department and all applicable State and Federal law.
K. Service Provider shall provide twenty (24) hour supervision for each child, including
awake staff during sleeping hours in a Secure Facility.
L. Each child placed in the Facility shall be provided the opportunity to complete the
Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile
Justice Department. Facility personnel administering the MAYSI-2 shall be properly
trained, sign the warning page, and document time and date administered. The MAYSI-2
shall then be promptly provided to Juvenile Probation of the detaining county.
M. Each child placed in the Facility shall be enrolled in an educational program. Special
Steps shall be taken to comply with requirements of Special Education students and their
needs.
N. It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Juvenile Probation, its agents, servants, or employees
any way to manage, control, direct or instruct Service Provider, its directors, officers,
employees, agents, shareholders and designees in any manner respecting its work,
duties or functions pertaining to the maintenance and operation of the Facility.
However, it is also understood that the Juvenile Court of Brazos 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
4.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay
Service Provider the sum of $110.00 per day for each child. The daily rate shall be paid to
Service Provider for each day a child is in detention. The cost is based on the projected actual
cost of care for children in the facility. Juvenile Probation shall receive a detailed
statement each month when it has placed a child in the Facility. Payment is due within
30 days of receipt of billing and shall be mailed to:
Victoria County Juvenile Justice Center
97 Foster Field Dr.
Victoria, Texas 77904
Vol. 3 Pg. _.L—_
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1,2020—August 31, 2021
4.02 Psychological services will be provided to the child on an as needed basis at the request of the
Juvenile Probation Department and shall be paid for by the Department.
4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation
on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service
Provider in proper form shall be paid by Juvenile Probation in a timely manner.
4.04 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
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.
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 years 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 Probation's Fiscal Officer. Service Provider will not contact other department
employees regarding any claims of payment.
4.07 Service Provider will provide certification of eligibility to receive State funds as required by
Texas Family Code Section 231.006.
4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to
arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate
the dispute, and the parties shall pay the costs of mediation services equally.
4.09 In the event that State Reimbursement Rates are increased during the duration of the terms of
this contract, the new rates will become effective reflecting those of the increase.
Vol. 3i7 --pg.�
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
ADDITIONAL TERMS & AGREEMENTS
5.01 Prior to transporting a child to the Facility for placement in Secure Short -Term Detention,
Juvenile Probation shall call the Facility to ensure that space is available. Placement of
children by authorized officers of Juvenile Probation may be denied if space limitations
require as determined by the Facility.
5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a
proper order/ authorization from the Juvenile Court of Brazos 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 evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of questionnaires to
the staff of Service Provider and the children when deemed necessary.
6.02 Service Provider shall provide to Juvenile Probation such descriptive information on
Contracted children as requested on forms provided by Juvenile Probation.
6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and
expenses of this Agreement.
6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
Agreement, and upon reasonable notice will provide information, records, papers, reports,
and other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for seven (7) years after the
termination of this Agreement.
6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance
of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully
with the State Auditor's Office or its successor in the conduct of the audit or investigation,
including providing all records requested. Contractor will ensure that this clause concerning
the authority to audit funds received indirectly by subcontractors through the Contractor and
the requirement to cooperate is included in any subcontract it awards."
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re -disclose the information except as
required to perform the services to be provided pursuant to this Agreement, or as may be
required by law.
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,
5
Vol. Pg. 7
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
and any of its employees, interns, volunteers or contractors, shall report any allegation or
incident of abuse, neglect, exploitation, death or other serious incident involving a child in a
juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse:
within twenty-four (24) hours from the time the allegation is made, to the following-
1.
ollowing
1. Local law enforcement agency; and
2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1-512-424-6717 (or if unable to complete the form within 24
hours, then by calling toll-free 1-877-786-7263, followed by submitting the report
within 24 hours of said call). In addition, for serious incidents, a treatment
discharge form or other medical documentation that contains evidence of
medical treatment pertinent to the reported incident shall be submitted to the
Texas Juvenile Justice Department within 24 hours of receipt; and
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
(979) 823-4211 and Service Provider shall contact Juvenile Probation by telephone
at (979) 361-1831 within 24 hours.
B. For allegations and incidents of sexual abuse or serious physical abuse:
Local law enforcement agency immediately, but no later than one (1) hour from
the time a person gains knowledge of or suspects the alleged serious physical
abuse or sexual abuse. The initial report shall be made by phone to law
enforcement;
2. Texas Juvenile Justice Department immediately, but no later than four (4) hours
from the time a person gains knowledge of or suspects the alleged serious
physical abuse or sexual abuse. The initial report shall be made by phone by
calling toll-free 1-877-786-7263. Within 24 hours of the report by phone, the
completed TJJD Incident Report Form shall be submitted by facsimile number 1-
512-424-6717 or by email; and
3. With respect to children placed by Juvenile Probation, the TJJD Incident Report
Form shall also be sent to Juvenile Probation within 24 hours at facsimile number
(979)823-4211.
8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an
oral or written statement from an alleged victim or other person with knowledge or who has a
reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other
serious incident involving.a juvenile, but that is not alleged to involve an employee, intern,
volunteer, contractor, or service provider of a program or facility, shall be immediately
reported to law enforcement or to other appropriate governmental unit as required in Texas
Family Code Chapter 261.
8.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written
statement from an alleged victim or other person with reasonable belief or knowledge as
-24
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident
involving a juvenile in a juvenile justice facility or juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury,
youth -on -youth physical assault or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual
abuse by contact or sexual abuse by non -contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from
the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the
bodily harm or condition requires medical treatment by a physician, physician assistant,
licensed nurse practitioner, emergency medical technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether
contiguous or detached, operated wholly or partly by or under the authority of the
governing board, juvenile board or by a private vendor under a contract with the
governing board, juvenile board or governmental unit that serves juveniles under juvenile
court jurisdiction. The term includes: a public or private juvenile post -adjudication
secure correctional facility required to be certified in accordance with the Texas Family
Code; and a public or private non -secure juvenile post -adjudication residential treatment
facility housing juveniles under juvenile court jurisdiction.
F. A juvenile justice program is a program or department operated wholly or partly by the
governing board, juvenile board or by a private vendor under contract with the governing
board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile
board jurisdiction. The term includes a juvenile justice alternative education program and
a non-residential program that serves juvenile offenders while under the jurisdiction of
the juvenile court or juvenile board jurisdiction and a juvenile probation department.
CRIMINAL HISTORY SEARCHES
9.01 Criminal history searches shall be conducted by Service Provider for any and all of its
employees, interns, volunteers or contractors providing services in a juvenile justice facility or
juvenile justice program that may have direct unsupervised access to children in the facility or
program.
9.02 Criminal history searches shall include the following-
A.
ollowing
A. Texas criminal history fingerprint -based criminal history background search through the
Texas Department of Public Safety.
B. Local law enforcement sex offender registration records check through the Public Sex
Offender Registry on the Texas Department of Public Safety website.
C. Federal Bureau of Investigation fingerprint -based criminal history background search at
the National Crime Information Center; internet-based searches shall not be used to
conduct this background search.
9.03 A copy of the initial criminal history report required by this Agreement and any reports
reflecting subsequent criminal activity shall be maintained for monitoring purposes for
whichever of the following occurs later: duration of the individual's employment or period of
Vol. � � 7 Pg.
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
service; minimum of three (3) years; or until any pending litigation, claim, audit or review and
all questions arising there from have been resolved.
9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any
one of the following-
A.
ollowing
A. A felony conviction against the laws of this state, another state, or the United States within
the past ten 10) years;
B. A deferred adjudication for a felony against the laws of this state, another state, or the
United States within the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the
United States within the past five (5) years;
E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another
state, or the United States within the past five (5) years;
F. A current jailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of
Criminal Procedure.
9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying
criminal history, an individual must not have direct unsupervised access to children in a
facility or program until at least one year has elapsed since the completion of any period of
incarceration, community supervision, or parole.
9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying
criminal history shall be prohibited from having direct unsupervised access to children in a
juvenile justice facility or a juvenile justice program.
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.
DISCLOSURE OF INFORMATION
10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail
this same information to Juvenile Probation
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and/or consultants that have direct contact with
children;
Vol. pg, ��
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of
Service Provider that has direct contact with children;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect
and exploitation investigation where an employee, intern, volunteer, subcontractor, agent
and/or consultant of the Service Provider that has direct contact with children was the
alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with children that are
registered sex offenders; and
F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors,
agents and/or consultants that have direct contact with children that have a criminal
history. For the purpose of this Agreement, the term "criminal history" shall include: (1)
current felony or misdemeanor probation or parole; (2) a felony conviction or deferred
adjudication within the past ten years; or (3) a jailable misdemeanor conviction or
deferred adjudication within the past five years.
10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain
and disclose to Juvenile Probation any and all of the foregoing information as to any
individual, whether a prospective or existing employee, intern, volunteer, subcontractor,
agent and/or consultant of the Service Provider, prior to placing that individual in a position
that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile
justice program.
EQUAL OPPORTUN=
11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and
Their parents. It will not unlawfully discriminate against employee, prospective employee,
child, childcare provider, or parent on the basis of race, sex, religion, disability or national
origin Service Provider shall abide by all applicable federal, state and local laws and
regulations.
ASSIGNMENT & SUBCONTRACT
12.01 ' Service Provider may not assign or subcontract any of its rights, duties and /or obligations
Arising out of this Agreement without the written consent of Juvenile Probation.
OFFICIALS NOT TO BENEFIT
13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and
no other public officials of the governing body of the locality or localities in which the projects
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.
9
Vol. ( pg.77
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
DEFAULT
14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the
time specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this
Agreement, including failure to achieve the defined goals, outcomes, and outputs, or
so fails to prosecute the work as to endanger the performance of this Agreement in
accordance with its terms and in either of these two circumstances after receiving
notice of default, Service Provider does not cure such failure within a period of ten
(10) days.
TERMINATION
15.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the intention to
terminate; or
B. Upon expenditure of available funds.
15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion,
determines that the safety of children being served under this Agreement may be in jeopardy,
Juvenile Probation may immediately suspend the effect of this Agreement, including but not
limited to the obligation to pay, upon giving notice to the Service Provider.
WAIVER OF SUBROGATION
16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims
or rights of its employees, agents, owners, officers, or subcontractors against Juvenile
Probation.
Service Provider also waives any rights it may have to indemnification from Juvenile
Probation.
REPRESENTATIONS & WARRANTIES
17.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses
and staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its
business and that there are no taxes due and owing to the State of Texas, the County of
Victoria or any political subdivision thereof;
C. Victoria County will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider providing
10
Vol, <l;17 Pg•.�_
Victoria County Juvenile Justice Center
Detention Services Agreement
September 1, 2020— August 31, 2021
limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance
shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be
notified immediately upon any changes in the status of the insurance policy and shall
promptly furnish updated certificates of insurance to Juvenile Probation.
D. That all of its employees, inters, 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 Emplmjees Regarding Abuse, Neglect and Exploitation.
TEXAS LAW TO APPLY
18.01 This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Victoria
County, Texas.
18.02 Service Provider verifies that it does not boycott Israel and will not boycott Israel during
the term of this contract.
VENUE
19.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County,
Texas.
LEGAL CONSTRUCTION
20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable pfovision had never been contained
therein.
PRIOR AGREEMENTS SUPERSEDED
21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral Agreement between the parties respecting the
within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this
Contract and Agreement is a contract providing for the care of children who have allegedly
committed an act of delinquency or an act indicating a need for supervision, and payment for
such care will be made by Juvenile Probation for the children placed in the Facility by the
Judge of Brazos County having juvenile jurisdiction.
11
Vol. 317Pg.
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Vol._2jj_ pg._E�D
TEXAS GANG INTELLIGENCE INDEX (TXGANG) USER
AGREEMENT
This agreement is made and entered into between the Texas Department of Public Safety (DPS), which is
responsible for the maintenance of the Texas Gang Intelligence Index (TxGang), and the
Brazos County _ hereinafter referred to as the Participating Agency.
The DPS bas established and maintains a statewide gang intelligence index, TXGANG, for the purpose of
facilitating the investigation, prosecution, and/or punishment of criminal offenses relating to a criminal
street gang. The Participating Agency entering into this User Agreement has read and fully understands
the responsibilities of being a participating agency in TXGANG. The DPS reserves the right to suspend
or terminate the use of TXGANG by any Participating Agency for any breach of the User Agreement.
The Participating Agency agrees to:
1. If applicable, comply with the Department of Justice Criminal Intelligence Systems Operating Policies
28 Code of Federal Regulations Part 23, Chapter 67 of the Texas Code of Criminal Procedure and the
TXGANG Operating Policies and Procedures in regards to, but not limited to, submission, query,
dissemination, and retention of records, training, and terminal and data security.
2. Establish a written policy applicable to the participating agency on TXGANG issues such as, record
submission, removal, quality control, validation, dissemination, and system security.
3. Refrain from using information obtained from TXGANG to populate another intelligence or searchable
database.
4. Ensure that all users that are provided access within the agency are authorized users, properly trained, and
using appropriate electronic transmission.
5. Maintain a list of all authorized users and provide the list to the Administrator of TXGANG.
6. Maintain supporting documentation on submissions for as long as record remains in TXGANG.
7. Be responsible for the quality of the information submitted and for modifying or deleting a record if
necessary.
8. Notify DPS immediately and execute a new User agreement upon a change in the chief executive officer
or head of the Participating Agency.
Participating Agency acknowledges and agrees that all submissions of criminal intelligence information
on individuals and organizations submitted to TXGANG are the property and responsibility of the
submitting agency, not DPS. Participating agency acknowledges it has a duty to adhere to, if applicable,
28 CFR Part 23 and Chapter 67 of the Code of Criminal Procedure requirements including proper ID
criteria for a gang member, proper criminal predicate for•the gang, lawful acquisition of the information
being submitted, effective control of dissemination only on a right and need to know basis and
Revised 01/2019
va. 3 17 P9. g I
Page 1 of 2
maintaining proper records for each dissemination. TO THE EXTENT AUTHORIZED BY LAW,
PARTICIPATING AGENCY SHALL INDEMNIFY AND DEFEND DPS FROM ALL DAMAGES
ARISING OUT OF PARTICIPATING AGENCY'S PERFORMANCE UNDER THIS AGREEMENT
CAUSED BY (1) ANY NEGLIGENT ACT OR OMISSION OR (2) WILLFUL MISCONDUCT OF
PARTICIPATING AGENCY, ITS EMPLOYEES OR ANYONE FOR WHOSE ACTS
PARTICIPATING AGENCY MAY BE LIABLE.
This agreement may be terminated by either the agency head or DPS at any time after providing 30 days
written notice to the other party. Any changes to this agreement must be in writing and be mutually
agreed upon by all parties.
This TxGang User Agreement will become effective on
completed by DPS).
. (Date to be
IN WITNESS WHEREOF, the parties hereto -caused this TxGang User Agreement to be executed by the
proper officers and officials:
PARTICIPATING AGENCY
Linda Ricketson
ted Name of Agency Head or Designee
':Signature
Executive Director
IITitl : gg
LOLL
Da .11... .. _
PARTICIPATING AGENCY REPRESENTATIVES
ORI
Igot� �Wq. u Wcsf A
Agency AddresslCi&Zip Code
N o nAaip S c� m��c
Printed Name of Participating Agency
Primary Representative
Signature
%-"ckta C
Printed Name of Participating Agency
Alternative Representative
TEXAS DEPARTMENT OF PUBLIC SAFETY
Mike Lesko
riniName - -
Ped
Chief
Title
Date
Page 2 of 2
Revised 01/2oi9
Vol.�� 17 _ Pg. �,oZ
Duane Peters, Chairman
Brazos County Juvenile Board
Date
F:
0'
ON 20 FULLY EXECUTED IN
DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
Braz County Commi .Court
By:
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
Phone: 979-3614102
Fax: 979-361-4503
Date
2020-2021 MEMORANDUM OF UNDERSTANDING
BRAZOS COUNTY JUVENILE SERVICES
ACADEMY/JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM
I. PARTIES
This Memorandum of Understanding (MOU) is entered into by and between the Brazos County
Juvenile Board (Juvenile Board), a political subdivision of the State of Texas, and Bryan Independent
School District ("BISD") whose students are subject to placement in the Brazos County Juvenile
Services Academy / Juvenile Justice Alternative Education Program (the Program of JJAEP). It
establishes roles and responsibilities relating to the Brazos County Juvenile Justice Alternative
Education Program and Bryan Independent School District. This Memorandum of Understanding is
an inter -local agreement entered into pursuant to Texas Education Code, Chapter 37 and Texas
Government Code Chapter 791.
H. PROGRAM GOALS
The major goals for the Program in providing services for the students are: (1) to provide a
continuum of educational services; (2) to establish consistency, predictability, and appropriateness of
student placement following expulsion from their regular school program; (3) to return the expelled
student to a regular school setting as soon as appropriate; (4) to impress upon the expelled student
that there are progressive sanctions for engaging in criminal and delinquent behavior in the public
school setting; (5) to provide educational and placement options for the Brazos County juvenile
courts; and (6) to enable the expelled student to perform academically at their appropriate grade level.
III. STUDENT ELIGIBILTY
Students will be assigned to the Brazos County Juvenile Services Academy/Juvenile Justice
Alternative Education Program (JJAEP) only as set forth by the provision of this MOU.
A. Discretionary Expulsions. Students may be assigned to the JJAEP when they have
been expelled from BISD for committing on of the offenses listed in the "Attachment
A" deemed to be a discretionary expulsion by the Texas Education Code ("TEC"), as
listed under TEC Section 37.007 (b), (c), (d), (f), or (i), and Section 37.0081(6)
(Discretionary Expulsion).
B. Mandatory Expulsion. Students shall be assigned to the JJAEP when they have
received a mandatory expulsion from BISD for committing one of the delinquent or
criminal offenses deemed to require a mandatory expulsion under TEC Section
37.007 (a), (d), and E (Mandatory Expulsion).
C. Notification Procedures. BISD shall notify the appropriate local law enforcement
agency and/or the juvenile and juvenile department in writing as soon as practicable
upon BISD's identification of a student who it reasonably believes has engaged in
delinquent or criminal conduct for which the student will be subject to mandatory or
discretionary expulsion. Such notice shall be given in addition to any notice required
I Iro�:c
vol. Pg --,Q-4—
under Texas Family Sec. 52.041.
D. Court -Ordered Placements. Students may be placed in the JJAEP by a Brazos
County Juvenile Court when they have been adjudicated or placed on conditions of
release for delinquent conduct. BISD is responsible for providing special education
services for BISD students, as articulated in the students' ISPs and/or BIN when
such services are not provided by the JJAEP.
E. Registered Sex Offenders. Students who are publicly registered sex offenders and
residents of Brazos County many be placed by BISD in the JJAEP as provided in
Subchapter I of Chapter 37 of the TEC and in accordance with the conditions set out
in Section M.B.S of this MOU. Only students who are Brazos County residents may
be placed in the JJAEP under this provision.
F. Adult Students. A student who is 17 years or older (Adult Student) is not eligible for
juvenile probation services unless the student was on juvenile probation at the time of
enrollment. In the event an Adult Student does not meet the JJAEP Program behavior
expectations as determined by the JJAEP Administrator, the student shall be returned
to BISD for disposition. The JJAEP shall not accept nor keep enrolled any student
who is 18 years of age or older.
G. Mandatory and Discretionary Placements. Students expelled into the JJAEP shall
only be accepted or remain in the JJAEP if ordered as a condition of court ordered
juvenile probation or on a condition of release for "Delinquent Conducf' (as defined
by Texas Family Code Chapter 5I) by a Brazos County juvenile judge or Brazos
County juvenile referee. Eligibility of any other student expelled from BISD on a
discretionary basis will be determined by the JJAEP and BISD on a case-by-case
basis following BISD hearing on recommended expulsion. The JJAEP will be
notified of such hearings and permitted to attend.
IV. STUDENT PLACEMENT
Term of Assignment to the JJAEP
A. Term of Assignment. The discretionary expulsion or placement order by BISD shall
specify the number of days or term of the expulsion or placement. For the purpose of
this Article, one hundred eighty (180) enrolled instructional days is a year (Year).
Minimum placement will be no less than, thirty (30) instructional days but not to
exceed one year unless otherwise required by law. Students being discharged from
the JJAEP shall be released at the end of a grading period back to BISD.
B. Notification. The JJAEP shall provide a basic schedule of instruction to the home
district of each student within five business days of enrollment.
C. Mandatory Expulsions. A student's original term of expulsion for a mandatory
offense may not exceed one (1) calendar year. A student's total assignment to the
JJAEP for the Mandatory Expulsion may not exceed one (1) year. An exception may
be granted for the expulsion of a student who brings a firearm to school. A student
211',,, -
expelled from the student's regular campus for a period of one (1) calendar year in
accordance with federal law may be assigned to the JJAEP for one (1) calendar year.
D. Mandatory and Discretionary Placements. A student who is assigned to the JJAEP
due to a Mandatory or Discretionary Expulsion shall be returned to BISD upon the
first of these events to occur:
1. The charges are dismissed
2. The student is acquitted;
3. The student is discharged from juvenile probation or from conditions of
release;
4. The student completes the term of placement;
5. The student graduates from high school
6. The student's assignment at the JJAEP reaches one hundred eighty (180)
enrolled instructional days; or,
7. The student successfully completes the JJAEP Program.
E. Student Releases. The JJAEP staff may recommend students who demonstrate
exemplary performance for early release and alternatively, may recommend expulsion
term extensions for students who do not satisfactorily complete the JJAEP program.
The final determination to extend a student's expulsion term is that of the BISD.
A student's assignment to the JJAEP shall terminate at the earliest of one of the
following dates:
1. Successful completed of the expulsion term;
2. Early release pursuant to the preceding paragraph;
3. One of the seven "Exit Reasons" described in Texas Juvenile Justice
Department 348 standards:
a.
Completed program / returned to home school while on probation;
b.
Completed program 1 term of probation expired;
C.
Completed program / term of placement expired;
d.
GED completion
e.
Graduated
f.
Left program incomplete;
g.
Other — left program for non -delinquency reason such as moved,
death, or medical reason; or,
4. The student's assignment to the JJAEP reaches one hundred eighty (180)
enrolled instructional days.
F. Maximum Student Population. The maximum student population shall not exceed
thirty (30) students. In the event the JJAEP population exceeds thirty (30) enrolled
students the JJAEP may;
1. Discharge and return discretionary expulsions enrolled at the JJAEP
back to BISD to reduce the population; and / or,
31Pag
2. Refuse or deny any new discretionary expulsions from BISD.
G. Referrals. BISD shall be allowed no more than four (4) discretionary referrals at any
one time.
V. SPECIAL PROGRAMS
Special Education and 504.
A. Initial ARD or 504 Committee. A BISD student who commits an offense and has
been identified by BISD as having a disability maybe expelled from BISD only after a
duly constituted Admission, Review and Dismissal ("ARD") Committee determines
that the alleged offense is not a manifestation of the student's disability in accordance
with applicable state and federal laws. BISD shall invite the JJAEP Administrator or
the administrator's designee to an ARD committee meeting convened to discuss a
BISD student's expulsion. BISD must provide reasonable notice of the ARD
committee meeting to the JJAEP administrator and to the parent consistent with
federal and state law. A copy of the student's current individualized education
program (IEP) and Behavior Intervention Plan (BIP) must be provided to the JJAEP
Administrator with the notice. if the JJAEP Administrator or designee is unable to
attend the ARD committee meeting, the JJAEP representative must be given the
opportunity to participate in the meeting through alternative means including
conference telephone calls. The JJAEP representative may participate in the meeting
to the extent that the meeting relates to the student's placement in the JJAEP and
implementation of the IEP or BIP in the JJAEP. Any BISD student who has been
identified as a 504 eligible student may be expelled only after a 504 committee
determines whether the student's disability as it relates to the alleged misbehavior
should result in the student's expulsion.
B. Section-504-EIigible Students. (1) The JJAEP will ensure, in collaboration with
BISD, that a student who is eligible for services under Section 504 of the
Rehabilitation Act of 1973 is provided services and instruction appropriate to address
his or her needs, as determined by a Section 504 committee. (2) Documentation of
Section 504 eligibility determinations will be maintained for each student.
C. English as a Second Language (ESL). (1) The JJAEP, in collaboration with BISD,
will ensure that a student who is non-English speaking or who speaks English as a
second language is provided ESL services and instruction appropriate to address his
or her needs, as determined by a language proficiency assessment committee (LPAC).
(2) Documentation of LPAC determinations will be maintained for each student.
D. IEP and BIP. BISD Students with disabilities assigned to the JJAEP will be provided
educational services determined by the ARD Committee, and articulated in the IEP
and / or BIP, such that the student receives a free and appropriate public education as
defined by federal and state laws, and as further provided herein. The IEP and / or
BIP must delineate the projected date for the beginning of services, personnel who
will provide direct and/or related services, the anticipated frequency, location and
duration of services, and modifications for the term of the student's tenure at the
7- pg.
4(fa�sr
JJAEP.
Responsibility. Ultimately, BISD is responsible to ensure that appropriate
programs and services, as articulated in a BISD student's IEP and/or BIP, are
provided at the JJAEP continuously and without disruption. The Juvenile
Board is not responsible for the provision of special education services, 504
services or LPAC/ESL services. All related services articulated in students'
IEPs must be provided by BISD. Related services include speech therapy,
occupational therapy, physical therapy, special transportation, in-home/parent
training, and sign language interpreters.
2. Amendments. The JJAEP Administrator or designee will notify BISD if the
JJAEP is unable to implement the services assigned 6,1,t in the IEP and/or
BIP of a BISD student. BISD will convene an ARD Committee meeting,
including the appropriate JJAEP personnel, to reconsider the placement of the
student JJAEP, or amend the plans as deemed necessary. Anyamendments to
an IEP and/or BIP of a BISD student will be effectuated through the BISD
ARD Committee. The JJAEP will provide a copy of each special education
student's schedule within 5 school days of BISD's request.
C. Susuected Disability. If a BISD student assigned to the JJAEP is suspected of having
;disability under the Individuals with Disabilities Education and Improvement Act
(IDEIA) criteria, BISD's Child Find procedure will be initiated to resolve whetheran
assessment to determine eligibility is necessary. The JJAEP staff will assist with the
completion of the necessary referral documents. Any BISD student determined to
qualify for services and protection under IDEA or Section 504, shall be afforded all
lawfully required services and protections by BISD to the extent that the JJAEP
cannot provide the service and BISD is notified of the need to provide the service.
D. Change of Residence. Students receiving special education services prior to their
expulsion and who change residence to another ISD served by the JJAEP, shall
continue to be the responsibility of the expelling ISD for the duration of their
expulsion.
E. Special Education Eligibility, In any instance where a BISD JJAEP student who was
not eligible for special education services at the time of the expulsion and/or who has
not previously been admitted into a special education program, changes residence
from the expelling ISD to BISD and now qualifies for special education services, an
ARD Committee meeting will be convened with representatives from the expelling
ISD, BISD, and JJAEP personnel. When a student is identified as a special education
student and after consent is obtained for that student to receive services, the ISD of
the new residence will accept full responsibility- for the expelled student, claim
Average Daily Attendance (ADA), provide any special education services articulated
in the TEP and/or BIP that the JJAEP cannot provide, and be obligated to pay an cost
for the placement to the JJAEP. BISD retains the authority to honor or terminate the
expulsion and have the student attend one of the schools within BISD. BISD shall be
responsible for the provision of special education services as deemed necessary by the
respective evaluation team.
51Pa—,
F. Accountability. Accountability for BISD students placed at the JJAEP shall remain
with BISD. The eligibility folder will stay with BISD and a working folder will be
sent to the JJAEP prior to the intake appointment.
G. Addressing Concerns. After placement of a BISD student in the JJAEP, if the JJAEP
has concerns that the student's education or behavioral needs cannot be met in the
JJAEP program, the JJAEP shall provide written notice of the specific concerns to
BISD. BISD will conduct an ARD Committee meeting to reconsider the placement
of the student into the JJAEP and to avoid disruption of services and/or an improper
placement. BISD is responsible for providing notice to the JJAEP and to the parent
of the ARD Committee meeting in compliance with federal and state law and
advising them of the specified time and location of the ARD Committee meeting. IF
the JJAEP Administrator or designee is unable to attend the ARD Committee
meeting, the JJAEP representative must be given the opportunity to participate in the
meeting through alternative means including conference telephone calls.
H. Notices. The notices required in the Article IV must be provided in the native
language of the parent or mode of communication used by the parent, in compliance
with federal law. The term "native language" when used with reference to an
individual of limited English proficiency, means the language used by the individual
, or in the case of the child, the language normally used by the parent of the child.
V. ADMINISTRATION OF STATE -MANDATED ASSESSMENTS
All state -required standardized tests will be administered to students enrolled at the JJAPE. The
following responsibilities are assigned for administration of the tests:
A. List of Students. JJAEP staff will provide BISD with a list of all students from that
District enrolled at the JJAEP at least ten (10) school days prior to the date of
administration of state -required standardized tests and will timely update BISD as to
any changes to that list through the date of testing.
B. Answer Sheets. BISD is responsible for securing, coding and delivering all answer
sheets to the JJAEP Administratdi• or designee at least five (5) school days before the
day of standardized test administration. BISD will also provide additional answer
documents to cover students that enroll after the list of students was provided to
BISD.
C. Modifications. BISD will assist the JJAEP staff to ensure implementation of
modifications articulated in the IEPS and/or BIN for standardized testing, as
appropriate, for students receiving special education services; and speakers of
languages other than English. If the modifications exceed what the JJAEP can
reasonable implement, BISD remains responsible for ensuring that the student has
access to the necessary modifications by whatever means BISD deems most
appropriate.
D. Retrieving Completed Answer Sheets. The JJAEP is responsible for making
- 61Ps�•r
necessary arrangements to retrieve all completed student answer sheets attributed to
BISD's students enrolled at the JJAEP. This should occur at least ten (10) school
days prior to the state -mandated ship date.
E. Submitting Answer Sheets. BISD is responsible for obtaining the student answer
sheets, and is also responsible for returning all answer sheets and test booklets to the
appropriate TEA contracted agent.
F. Student Success Initiatives. The JJAEP will assist BISD in meeting student success
initiatives mandated by state law. This assistance does not include the hiring of
additional staff.
VI. FUNDING AND BILLING
A. Mandatory Expulsions. Funding for expulsions deemed byBISD to be mandatory for
purposes of Texas Education Code Chapter 37 will be provided by the Texas Juvenile
Justice Department ("TJJD") for those students who meet the prescribed TJJD
eligibility requirements. In addition to the payment received from TJJD, BISD will
pay for the attendance of such students at the rate of $27.64 per day.
B. Discretionary Expulsions. For students who are Discretionary Expulsions pursuant to
TEC Section 37.007 (b), (c), (d), (0, or (i), and Section 37.008 (b) BISD shall pay
the rate of $106.00 per student per day of attendance at the JJAEP. This rate maybe
modified by the Juvenile Board during the term of this MOU.
C. Court Ordered Placements. BISD shall forward funds received for these students
from the Texas Education Agency based on BISD's daily attendance rate, hereinafter
referred to as "Target Revenue", to Brazos County Juvenile Services.
D. Payment. BISD shall make payment to the Juvenile Board through the Brazos
County Auditor. Payment for the full amount hereunder shall be made payable to
Brazos County within thirty (30) days after the invoice issued by the JJAEP
Administrator.
VII. TRANSPORTATION
Participant ISD Responsibility. Transportation of students to and from the JJAEP shall be the sole
responsibility of BISD. BISD is responsible for either transporting the students or information
parents of their responsibility to transport their children to and from the JJAEP. BISD shall provide
all necessary security at the student pick upidrop off location(s). Special Education students for
whom special transportation is required by the students Individual Education Plan (IEP) will receive
transportation from BISD.
VIII. TRANSITION
Approaching a student's completion of his/her term at the JJAEP, JJAEP staff will send BISD a
_. 71a
1'� r
vol. pg._q o
transition file that includes:
A. The student's grades converted to numeric scores; when requested by BISD, course
completions will be reported;
B. A behavior summary, recommendations and comments that suggest placement
options that the JJAEP staff deems appropriate for the student returning to his/her
home campus;
C. Attendance information; and,
D. Other recommendations and comments.
IX. PARTIAL INVALIDITY
If any provision, section, subsection, paragraph, sentence, clause or phrase of this MOU, or- the
application of same to any person or set of circumstances, is for any reason held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue
in full force and effect.
X. TERM
This Agreement supersedes all prior MOU agreements between these parties and shall be in effect as
of August 1, 2020, continuing through, and including, July 31, 2021. This Agreement shall renew
automatically each year on August V beginning with August 1, 2021, unless notice of a party's
intent not to renew is sent to the other party prior to July 15'h of that year. The Brazos County
Juvenile Board and Bryan Independent School District may modify this Agreement under terms as
specified in a written addendum to be signed by all parties.
XI. INTEGRATION
This Memorandum of Understanding, together with the instruments heretofore incorporated by
reference and the attachments hereto, contains the entire agreement between the parties with respect
to the subject matter hereof. No other agreement, statement, or promise made by or to any employee,
officer, official, or agent of any party, that is not contained herein shall be of any force or effect.
Any modifications to the terms hereof must be in writing and signed by the parties.
AGREED AND EXECUTED this the day of 12020.
Brazos County Juvenile Board
By:
Name: Judge Duane Peters
Vol.] 7 fig.
Title: Chainnan 'k
AGREED AND EXECUTED this the 3 day of�c ,�h,,�� , 2020.
Bryan Independent School District
8,,:
Name: Dr. Christie Whitbeck
Title: Superintendent
ON 20 . FULLY EXECUTED IN
DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN
ORIGINAL.
Br ounty C ' ners Court
By: —
Duane Peters, County Judge
200 S. Texas Ave., Ste, 332
Bryan, TX 77803
Phone: 979-361-4102
Fax: 979-361-4503
1/1 1 /"1'6
Date
i
Vol. Pg. -
91 P a L! e
g.
91Pazr
"Mos COUnty Juvenile Justice Center
Detention senices x8rccmenl
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM July 1, 2020 -.rune ao, 2021
DETENTION OFTVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
Tuly 1, 2020 - Tune 30, 2021
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between
Hill 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 Hill County, in order to carry out and conduct its juvenile program in
accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention
facilities -to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of
delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court.
The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is
located at 1904 HWY 21 W„ Bryan, Texas 77803.
2.00 The term of this Agreement is for 12 months commencing July 1, 2020 - June 30, 2021. It shall be automatically
renewed for one (1) year terms thereafter, commencing July 1st and ending June 300i 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.
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,-3j-7.pg. q3
Brans Count)' JuVenite Justice Center
Detention Sentices Agreement
July 1, 7020 -June 30, 2021
4.04 Service Provider §hall 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 I 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 tQ 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 Probation's Fiscal
Officer. Service Provider will not contact other department employees regarding any claims of payment.
4.07 Service Provider svill provide certification of eligibility to receive State funds as required by 'Texas Family Code
Section 231.006.
4.05 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 & AGREE1vMNTS
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 Hill County.
EXANE NATION 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
voi. 31`7 Pg.
Brazos County.7uventleJustice Center
Detention Sen -ices Agreement
July 1.2020—June30.2021
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 ,%,M 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 agents, 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 Cade Chapter 353, 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 lacy 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 (254) 582-4015 and Service Provider
shall contact juvenile Probation by telephone at (254) 552-4053 within 24 hours.
8.012 For allegations and incidents of sexual abuse or serious physical abuse:
Local Iaw 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 (§)'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
5
Vol.. 3�� Pg. �'� -
Bruns County Juvenile Justice Center
Dciention Services,lgreoment
of the report b hone, the completed July 1, 2020 -June 30, 2021
P 3 P p IUD Incident Report Form shall be submitted by facsimile
number 1-512-424-6716 or by email at abuseneglect@flid.texas.gov and
With respect to children placed by Juvenile Probation, the 17JD incident Report Form shall also be
sent to Juvenile Probation within 24 hours at facsimile number (254) 582-4015.
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 _ .
CRIIVIINAL 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
Vol. Pg.
SMOS CounlY Juvenile Justice Center
Detention Services Agreement
July 1.2020—June 30,3021
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, intemet based searches shall not be used to conduct this background
search.
9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent
criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later.
duration of the individual's employment or period of service; minimum of three (3) years; or until any pending
litigation, claim, audit or review and all questions arising therefrom have been resolved.
9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the
following-
9.041
ollowing
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
eIapsed 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.
'1
vol. 317 Pg. 7
Brazos County Juvenile Justice Center
Detention Seniccs Agreement
DISCLOSURE OF WORIvIATION 7uly 1, 2020- June 30, 2031
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 Provider's employees, interns, volunteers, subcontractors, agents and/or
consultants that have direct contact with children that are registered sea offenders; and
20.015 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 adjudicationwithin 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. r
EQUAL OPPORTUNM'
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
113,00 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. Ra
Brazos County Juvenlle tustice Center
Detentlan Services Agreemut
July 1. 2020—June 30, 2021
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
14.0E If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goats, outcomes, and outputs, 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;
17.0E That it is qualified to .do business in the State of Texas; that it hold all necessary licenses and staff
cert'if'ication 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
Brazos Count AwenileJusticeCenter
DMention Savices Agreamcnt
July I, 2020 -June 30.2021
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, e%ploitation, 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 Teras Juvenile Probation
Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding
Abuse, Neglect and Exploitation.
TEXAS LAV 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.
VENTUE
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 Facilit}r by the Judge of Hill County having juvenile jurisdiction.
PRISON RAPE ELUVE NATION ACT
2100 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and
standards applicable to the provision of services described herein and the performance of all obligations
undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which
establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons,
including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and
sexual harassment in facilities housing adult and juvenile Offenders. [PREA 9115.312(a)]
Under PLEA, 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 2,1 -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 [PP.EA 6115.387(e) and (E)]
IO
Vol. 3 'i pg, l o _
Brnzcs CountyJuveoileJustice Center
Detention Sen•ice.s Agmcmcnt
July I, 20:0— June 30, 2021
Hill County Brazos County Juvenile Justice Center
Probation Department
Tina M. Lincoln Linda Ricketson
Chief Juvenile Probation Officer Executive Director
Hil! C my -
Actth0 frcial Duane Peters
f0.17/f B Chairman, Brazos County Juvenile Board
Cha4'- �IUue4;7� � �?c 7,
BRAZOS COUNTY CON11'(7SSI0NERS COURT
211�—C��LL�
�%,20-2,6 . FULLY EXECUTED IN DUPLICATE, EACH OF
FULL FORCE AND EFFECT OF AN ORIG MAL.
By:� -
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77503
Phone. 979-36I-4102
Fax: 979-361-4503
11
Vol. _s_Z� _1 P9• 4�' _. -
liraaas County JuveaileJustice Center
Detention Serciccs Agrccmcnl
CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM July J, 2020—June 30. 2021
_DETENTION OF TUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY JUVENILE BOARD
BRAZOS COUNTY JUVENILE JUSTICE CENTER
Detention Services
July 2, 2020 - Tune 30,202
This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between
Hill 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 Hill 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 MAN 21 W., Bryan, Texas 77803.
TERM
2.00 The term of this Agreement is for 12 months commencing July 1, 2020 - June 30, 2021. It shall be automatically
renewed for one (1) year terms thereafter, commencing July 1st and ending June 30th of each year, unless one
party notifies the other in writing, at least thirty (30) days prior to, the expiration of said term, of its intention to
not renew this Agreement.
PROVISIONS OF SERVICES
3.01 Service Provider will provide: room and board, supervision talentyfour 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.
)VI OI. P9•
Brazos Counh- Juvenile Justice Center
Detcntlon Services Agreement
Iu1y 1, 2020—J=30,2021
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 tp 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 Probation's 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 Hili 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.
va. 31r1 P9. 1153
Brazos Count• hvenlle Jusdce Center
Detention Sen ices Agreement
July I, 2020 -June 30, 2021
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 (254) 582-4015 and Service Provider
shall contact Juvenile Probation by telephone at (254) 582-4053 within 24 hours.
8.012 For allegations and incidents of sexual abuse or serious physical abuse:
'Local law enforcement agency immediately, but no Iater 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 tall -free 1-877-786-7263. Within 24 hours
Vol. Pg. h`� _
Bruns CounlY duvenile.tustice Center
Detention Services Agreement
July 1, 2026 -June 30, 2021
of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile
number 1512-424-6716 or by email at abusenegIect@jld.texas.gov and
With respect to children placed by Juvenile Probation, the TJJD Incident Report Porro shall also be
sent to Juvenile Probation within 24 hours at facsimile number (254) 582-4015.
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 knot+ledge 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
CRUvM%TAL 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;
va. 317 jag.
...+jos wunry Juveniiejustice Center
Dctcntion Services Agreement
July 1.2020—Jana 30, 2021
9.021 Texas criminal history fingerprint -based criminal history background search through the Texas
Department of Public Safety.
9.022 Local Iaiv enforcement sex offender registration records check through the Public Sex offender
Registry on the Texas Department of Public Safety website.
9.023 Pederal 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;
4.042 A deferred adjudication for a felony against the laws of this state, another state, or the United States
Mthin 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, intems, 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
pro`graCuL
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. 2LIPg. 101p
Brazos County Juvenile Justice Center
Dctcndon Scniees Agrcement
DISCLOSURE OF INFORMATION July 1, 2020' June 30, 2021
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 Sendce 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 Provider's 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 adjudicationvvithin 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.
ASSIGNIv1ENT & 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. c)7
Brazos County JuvenileJuctice Center
DCtenti0n Services, gw=cot
July 1, 2020—June 30, 2021
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
14.032 1f 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_ultention 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 Tens; 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.
F
l. -3-� Pg' -`„"
Brazos County Juvenlie justice Center
Detention Services Agrccment
luly 1, 2020 -June 30, 2021
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 Teras juvenile Probation
Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding
Abase, 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.
VENTUE
19.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas.
LEGAL CONSTRUCTION
20.00 Encase anyone 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 AGREMYM-NTS 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 Hill County having juvenile jurisdiction.
PRISON RAPE ELRYO NATION ACT
2—)00 Service Provider shall adopt and comply `vith 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 6115.312(a)]
Under PP.F.A, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available
to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24 -hours of the
allegation, and all such data may be requested by the Department of justice from the previous calendar year no
later than June 301h [PREA §115.387(e) and (f)]
10
Vol. � �% Pg• i v i
dill County
Probation Department
jui�.6--��
Tina v1. Lincoln
Chief Juvenile Probation Officer
Hill Co +ntyoF
A>Itbo� • fFcial
Chi'- 46v-,f/v
Brnzos CounjyjuyegileJuslice Center
Deleutian Sm -fees Aghcrncnl
Juty 1, 2020—June 30,2021
Bravos County Juvenile Justice Center
r '
Linda Ricketson
*Executive Director
Duane Peters
Chairman, Brazos County JuvenileBoard
BRAZOS COUNTY CONIltIfISSION'ERS COURT
ON , 20-2,1). FULLY EXECUTED IN DUPLICATE, EACH OF
1VHIC 1 L w L FORCE AND EFFECT OF AN ORIGNAL.
By: i
_ _
Duane Peters, County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77503
Phase: 979-361-4102
Fax: 979-361-4503
11
Vol.('�>17 Pg.
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
CONTRACT AND AGREEMENT FOR SECURE LONG-TERM
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
SPACE AVAILABLE
STATE OF TEXAS
COUNTY OF VICTORIA
VICTORIA COUNTY JUVENILE BOARD
VICTORIA COUNTY JUVENILE JUSTICE CENTER
Residential Services
September 1, 2020 — August 31, 2021
This Agreement is entered into by and between Brazos County, acting by and through its
duly authorized representative (hereinafter, "Juvenile Probation") and the Victoria County
Juvenile Board, acting by and through its duly authorized representative and County Judge,
concerning residential care services provided at the Victoria County Juvenile justice Center
(hereinafter "the Facility") by the Victoria County Juvenile Services Department
(hereinafter, "Service Provider') pursuant to license granted by the Texas Juvenile Justice
Department, and/or any other appropriate State agency with licensure or regulatory
authority over the facility ("Service Provider').
PURPOSE
1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long
term residential care for children adjudicated to have committed delinquent conduct or
conduct indicating a need for supervision. The Facility to be utilized is operated by Service
Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904.
TERM
2.01 The term of this Agreement is for 12 months commencing September 1, 2020 - August 31,
2021. It shall be automatically renewed for one year terms thereafter, commencing September
1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30)
days prior to the expiration of said term, of its intention to not renew this Agreement.
SERVICES
3.01 The two level of care services delivery criteria as well as the required description of the
characteristics of children will be in accordance with the definitions determined by
the
Texas Juvenile Justice Department.
Service Provider will provide the following level of care services:
A. Moderate Level of Care (Secure Post Adjudication) consists of a structured,
supportive residential setting that is designed to maintain or improve the child's
functioning. It includes more than routine guidance and supervision to ensure the child's
safety, involvement in age-appropriate structured activities, access to therapeutic,
Vol..31 rT __ pg. I11
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
habilitative and medical intervention and guidance from professionals or
paraprofessionals to help the child attain or maintain functioning appropriate to the
child's age and development.
Moderate Level of Care requires the facility meet all applicable standards under Title 37
Texas Administrative Code. All Secure Post -adjudications facilities that are registered
with the Texas -Juvenile Justice Department and certified by the local juvenile board
qualify forthe daily rate listed above.
B. Specialized Level of Care consists of a structured, controlled residential treatment
setting that is designed to provide appropriate supervision and a moderate level of
therapeutic services to maintain or improve the child's functioning. These services
reflect a full range of social, psychosocial, and rehabilitative interventions and may
include, but are not limited to, substance abuse services, sex offender treatment,
special populations, mental health services and services for pregnant females.
Specialized programming is developed and implemented by appropriately
credentialed professionals.
The provision of individual, group and family therapy and other therapeutic
interventions and programs, are managed and administered by appropriately
licensed mental health professionals (e.g., psychiatrists, psychologists, therapists,
counselors or paraprofessional staff under the direct supervision of professional
therapists or counselors).
Review of a child's continued need for specialized services shall be conducted at least
every 90 days by an appropriate mental health professional and/or treatment team.
Specialized Level of Care requires the facility meet all applicable standards under
Title 37 Texas Administrative Code. Secure Post -adjudications facilities that are
registered with the Texas juvenile Justice Department (JJD) and certified by the local
juvenile board may qualify for this higher level of funding by submitting an
application to TJJD for approval.
3.02 Service Provider will perform the following services:
A. Provide basic residential services, including: standard supervision by qualified adults,
food and snacks, recreation, personal hygiene items, hair cuts, transportation, school
supplies, and room, (rent, utilities, maintenance, telephone).
B. Provide and document paraprofessional counseling, off -campus visits or furloughs,
major incidents and worker contacts. Any and all costs associated with off -campus
visits or furloughs will be paid by the parent or guardian.
C. Initiate and document meetings and attempted meetings among Service Provider,
Juvenile Probation staff and contracted children for the purpose of justifying
continued placement. Justification shall be done at a minimum of every ninety (90)
days. A copy of the placement justification shall be submitted to Juvenile Probation
within ten (10) working days.
D. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are
notified if a child in placement makes an unauthorized departure, becomes seriously
ill, or is involved in a serious accident. Juvenile Probation and parents will be -
informed immediately if during working hours. After normal working hours, every
court
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020—August 31, 2021
effort will be made to notify Juvenile Probation and the parents. In the event of
serious illness or accident and for any required follow-up care Service Provider shall
be responsible for having the child transported to the nearest hospital or emergency
care facility.
E. Ensure that the resident is made available to the juvenile probation officer to
participate in monthly status and progress reviews, as described in §341.506
A staff member who is knowledgeable about the resident's progress in the
facility's programming participates in monthly status and progress reviews with the
juvenile probation officer and provides a monthly written summary of the resident's
progress in the facility's programming and documentation is maintained in the
resident's file.
Document and maintain records of all goods and services provided to contracted
children. These records shall contain, but are not limited to: hours of services
provided, number of children served, average length of stay per client, total hours of
counseling or treatment provided. These records shall be made available to Juvenile
Probation for periodic inspection.
G. Document and maintain records pertaining to the effectiveness of goods and services
provided to contracted children. These records shall contain, but are not limited to:
percentage of children in program successfully achieving set educational goals,
percentage of children achieving set vocational goals, percentage of children
achieving set social skills goals, percentage of youth demonstrating overall progress,
and number and type of investigations made by the Department of Family and
Protective Services or any law enforcement agency due to reports of abuse and/or
neglect. These records shall be made available to Juvenile Probation for periodic
inspection.
H. Any and all medical/psychiatric treatment and medication required to meet the needs
of the child, as well as clothing, or other expenses not provided for in the Service
Provider's
program, shall be the sole responsibility of the said child's parent(s), guardian(s),
ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile
Probation, Medicaid or health insurance. However in no case shall a child be denied
any needed medical/psychiatric treatment or clothing due to the inability to pay.
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be
evaluated on the basis of the output and outcome measures contained in this section. Juvenile
Probation, at its discretion, may use other means or additional measures to evaluate the
performance of Service Provider in fulfilling the terms and conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this
Agreement
according to the following specific performance goals for Service Provider:
1. Ensure children complete residential placement.
2. Prevent re -referrals of children during the six (6) months following release
from
Vol. Pg.
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
residential placement.
Ensure children move down in their Level of Care as they progress in the
treatment program.
B. Juvenile Probation shall additionally evaluate Service Provider by the following
output
placement
measures (in actual numbers of units of service and activities):
1. The total number of children placed in residential placement.
2. The total number of children who were discharged from residential
successfully.
3. The total number of re -referrals of children discharged from placements
within six (6) months after release.
4. The total number of children who move down in their Level of Care.
5. The average length of time before a child moves down in the Level of Care.
C. Juvenile Probation shall further evaluate Service Provider by the following outcome
measures:
Percentage of children in residential placement who will complete their
placement as a successful discharge.
Percentage of children who have completed their placement and not re -
referrals within six (6) months after release.
Percentage of children who move down in their Level of Care.
Notwithstanding the foregoing criteria for evaluation, nothing herein shall be
construed as a guaranty of outcome or performance by any child.
4.02 Service Provider shall report on a monthly basis to juvenile Probation as to each of the
foregoing output and outcome measures. These reports will be reviewed by Juvenile
Probation in order to monitor Service Provider for programmatic compliance with this
Agreement.
COMPENSATION
5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to
pay the Service Provider the sum of $162.30 per :day -for each child whether male or female,
admitted under "Moderate" Level of Care, $197.69 per day for each child admitted under
"Specialized" Level of Care. The Levels of Care are defined by the Texas Juvenile Justice
Department. The daily rate shall be paid to the Service Provider for each day a child is in
residential treatment pursuant to billing and paying procedures agreed upon by Juvenile
Probation and Service Provider. The Specialized Female Pregnant Offender Program is
recognized as a Specialized Treatment program and payment shall be at $230.00 per day.
Payment is due within 30 days of receipt of billing and shall be mailed to:
Victoria County juvenile Justice Center
97 Foster Field Dr.
Victoria, Texas 77904
-- ATT: Pama Hencerling, Chief JPO
5.02 Psychiatric services will be provided to the child on an -as needed basis and shall be billed to
vol. 1 pg. - l
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 —August 31, 2021
Juvenile Probation. An initial psychiatric/psychological evaluation that has been conducted
within the last 12 months is required prior to acceptance into the program.
5.03 Service Provider will submit an invoice for payment of services to Juvenile Probation
on a monthly basis. Said invoice shall be submitted with ten (10) working days
following the end of the invoiced month and shall include information deemed necessary for
adequate fiscal control, including but not limited to: to be attributed to specific clients if
appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice
received for payment will be reviewed by Juvenile Probation in order to monitor Service
Provider for financial compliance with this Agreement. Invoices submitted by Service
Provider
in proper form sha'il be paid by Juvenile Probation in a timely manner.
5.04 Juvenile Probation shall be responsible for all of the juveniles medical expenses,
and Juvenile Probation agrees to indemnify and hold the Service Provider, its
officers, administrator, representatives, agents, shareholders and employees from any and all
liability for charges for medical expenses.
If an emergency examination, EMS treatment, health care treatment, and/or hospitalization
outside the Facility (hereinafter, "Outside Treatment") is required for a child placed in the
Facility, the Administrator of the Facility (hereinafter, "the Administrator") is authorized to
secure the Outside Treatment at the expense of Juvenile Probation. The Administrator shall
notify Juvenile Probation of Outside Treatment within twenty-four (24) hours of its
occurrence.
Juvenile Probation shall make arrangements directly with vendors for the provision of, and
payment for, routine medical expenses, including without limitation, hospitalization, prenatal
services, and dental, for Post -Adjudication Program juveniles and other juveniles for whom
the Administrator has not elected to secure such services as provided herein above. In all
other medical situations, the Service Provider is authorized, but not required, to make
arrangements with vendors, at Juvenile Probation's request, for the provision of medical
treatment at the expense of Juvenile Probation. If the Service Provider makes such
arrangement, the Service Provider is authorized, but not required, to seek coverage or
reimbursement of expenses from all sources, including but not limited to, Medicaid, Social
Security, medical insurance coverage, or contributions from parents or others and deducted
from the invoice submitted to Juvenile Probation. Documentation must include the name(s)
and SID numbers of the.cparties receiving the services, the dates and time services were
provided and such other information deemed necessary for adequate fiscal control. In any
event, responsibility for payment to vendors or reimbursement to Service Provider is the
ultimate responsibility of Juvenile Probation. Service Provider will invoice Juvenile Probation
for any non -reimbursed funds advanced by the Service Provider, and the Juvenile Probation
will remit to the Service Provider, within 30 days of invoice, full and final payment.
5.05 Service Provider shall account separately for the receipt and expenditure of any and all state
funds received from Juvenile Probation under this Contract. Service Provider shall account
separately for state funds received and expended utilizing the following Generally Accepted
Accounting Practices (GAAP):
1. Service Provider has an outside audit completed on a yearly basis which specifies
receipt and expenditure of State funds. Service Provider shall forward a copy of the
annual outside audit to Juvenile Probation by March 1 following the end of the fiscal
year.
Vol. Pg. AL)
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
2. If Service Provider does not obtain an annual outside audit, then Service Provider
Shall provide a separate accounting of funds received from Juvenile Probation in
whole or in part paid from state funds. The accounting shall clearly list the state funds
received from Juvenile Probation and account for expenditures of said funds
including documentation of appropriate expenditures as well as the year's tax forms
and documentation. The accounting shall be provided to Juvenile Probation thirty (30)
days prior to the renewal date of the contract.
5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in
part with grant or state funds and shall be subject to termination without penalty, either in
whole or in part, if ftmds are not available or are not appropriated by the Texas Legislature.
5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of
this Contract, the new rates will become effective reflecting those of the increase.
5.08 Service Provider agrees to make claims for payment or direct any payment disputes to
Juvenile Probation's Fiscal Officer. Service Provider will not contact other department
employees regarding any claims of payment.
5.09 Service Provider will provide certification of eligibility to receive state funds as required by
Texas Family Code Section 231.006.
5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties
agree to negotiate in good faith in an effort to resolve any disputes related to this contract that
may arise, no matter when the dispute may arise. If a dispute cannot be resolved by
negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration
or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,
and the parties shall pay the costs of mediation services equally.
ADDITIONAL TERMS & AGREEMENTS
6.01 Prior to transporting a child to the Facility for placement, Juvenile Probation shall call the
Facility to ensure that space is available. Placement of children by Juvenile Probation may be
denied if space limitations require as determined by the Facility.
6.02 A child will only be accepted in the Facility upon receipt by the Administrator of a
-proper order from- the Juvenile Court of Brazos County and other documentation required by -.
Service Provider.
6.03 Each child placed in the Facility shall be required to follow the rules and regulations of
conduct as fixed and determined by the Administrator and staff of the Facility.
6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is
determined to be, in the sole judgment of the Administrator, mentally or physically unfit,
dangerous, or unmanageable, unsuitable for the program or combination of such conditions or
characteristics or whose mental or physical conduct would or might endanger the other
occupants of the Facility, then the Administrator shall notify Juvenile Probation
of Brazos County of this determination. It will be the responsibility of Juvenile Probation to
provide for the transportation for the removal of the child and shall be removed as soon as
practicable, but in no event longer than seven (7) working days after notification.
6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to
Vol. Pg. I1Lo—
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
such child's religion, race, creed, sex or national origin.
6.06 It is understood and agreed by the parties that children placed in the Facility under proper
orders of the appropriate Juvenile Court shall not be discharged from the Facility until the
Administrator of the Facility receives a written authorization from the Juvenile Probation
Department that originally authorized the placement of the child.
6.07 It is further understood and agreed by the parties that children placed in the Facility may be
released to the Juvenile Probation or other appropriate authority of Brazos County pursuant
to: (a) Section 6.04 of this Contract or, (b) an Order of Release signed by the Judge of the
Juvenile Court of Brazos County.
6.08 It is further understood and agreed by the parties that nothing in this contract shall be
construed to permit Brazos County, its agents, servants, or employees in any way to manage,
control, direct or instruct Service Provider, its director, officers, employees, agents,
shareholders and designees in any manner respecting its work, duties or functions pertaining
to the maintenance and operation of the Facility. However, it is also understood that the
Juvenile Court of Brazos County shall control the conditions and terms of detention
supervision as to a particular child pursuant to Texas Family Code, Section 51.12.
6.09 Juvenile Probation reserves the right to terminate the child's placement with Service Provider
at its discretion. Service Provider must not release a child to any person or agency other than
Juvenile Probation without the written consent of an authorized agent of Juvenile Probation.
EXAMINATION OF PROGRAM & RECORDS
7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its
program of services provided under the terms of this agreement and/or to review its record
periodically. This examination and evaluation of the program may include site visitation,
observation of programs in operation, interview and the administration of questionnaires to
the staff of Service Provider and the children when deemed necessary.
7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted
children as requested on forms provided by Juvenile Probation.
7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to
maintain and make available to authorized representatives of the State of Texas or Juvenile
Probation any and all books, documents or other evidence pertaining to the costs and
Expenses of this Agreement.
7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this
agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by Juvenile Probation.
Service Provider will maintain the records (as referenced above) for seven (7) years after the
termination of this Agreement.
7.05 "Contractor (aka "Service Provider') understands that acceptance of funds under this
contract acts as acceptance of the authority of the State Auditor's Office, or any successor
agency, to conduct an audit or investigation in connection with those funds. Contractor
further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct
f the audit or investigation, including providing all records requested. Contractor will ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors
7
FZ. I p9, -Akr7_
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
through the contractor and the requirement to cooperate is included in any subcontract it
awards."
CONFIDENTIALITY OF RECORDS
8.01 Service Provider shall maintain strict confidentiality of all information and records relating to
children involved in Juvenile Probation, and shall not re -disclose the information except as
required to perform the services to be provided pursuant to this Contract, or as may be
required by law.
DUTY TO REPORT
9.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and
Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider,
and any of its employees, interns, volunteers or contractors, shall report any allegation or
incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile -in
a juvenile justice facility or juvenile justice program in the following manner:
A. For all allegations and incidents except sexual abuse and serious physical abuse:
i within twenty-four (24) hours from the time the allegation is made, to the following:
1. Local law enforcement agency; and
2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to
facsimile number 1-512-424-6717 (or if unable to complete the form within 24
hours, then by calling toll-free 1-877-786-7263, followed by submitting the report
within 24 hours of said call). In addition, for serious incidents, a treatment
discharge form or other medical documentation that contains evidence of
medical treatment pertinent to the reported incident shall be submitted to the
Texas Juvenile Justice Department within 24 hours of receipt; and
3. With respect to juveniles placed by Brazos County Juvenile Probation
Department, the TJJD Incident Report Form shall also be sent to Brazos County
Juvenile Probation Department within 24 hours at facsimile number (979) 823-
4211.
B. For allegations and incidents of sexual abuse or serious physical abuse:
1. Local law enforcement agency immediately, but no later than one (1) hour from
the time a person gains knowledge of or suspects the alleged serious physical
abuse or sexual abuse. The initial report shall be made by phone to law
enforcement;
i
2. Texas Juvenile Justice Department immediately, but no later than four (4) hours
from the time a person gains knowledge of or suspects the alleged serious
physical abuse or sexual abuse. The initial report shall be made by phone by
calling toll-free 1-877-786-7263. Within 24 hours of the report by phone, the
completed TJJD Incident Report Form shall be submitted by facsimile number 1-
512-424-6717 or by email; and '
8
Vol. P9• l 0
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 —August 31, 2021
3. With respect to children placed by Brazos County Juvenile Probation
Department, the TJJD Incident Report Form shall also be sent to Brazos County
Juvenile Probation Department within 24 hours at facsimile number (979) 823-
4211.
9.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an
oral or written statement from an alleged victim or other person with knowledge or who has a
reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other
serious incident involving a child, but that is not alleged to involve an employee, 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.
9.03 As used within this Agreement:
A. An allegation or incident includes the witnessing, learning, or receiving an oral or written
statement from an alleged victim or other person with reasonable belief or knowledge as
to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident
involving a child in a juvenile justice facility or juvenile justice program.
B. A serious incident is attempted escape, attempted suicide, escape, reportable injury,
youth -on -youth physical assault or youth sexual conduct.
C. Sexual abuse is conduct committed by any person against a child that includes sexual
abuse by contact or sexual abuse by non -contact.
D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from
the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the
bodily harm or condition requires medical treatment by a physician, physician assistant,
licensed nurse practitioner, emergency medical technician, paramedic or dental.
E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether
contiguous or detached, operated wholly or partly by or under the authority of the
governing board, juvenile board or by a private vendor under a contract with the
governing board, juvenile board or governmental unit that serves children under juvenile
court jurisdiction. The term includes: a public or private juvenile post -adjudication
secure correctional facility required to be certified in accordance with the Texas Family
Code; and a public or private non -secure juvenile post -adjudication residential treatment
facility housing children under juvenile court jurisdiction.
F. A juvenile justice program is a program or department operated wholly or partly by the
governing board, juvenile board or by a private vendor under contract with the governing
board or juvenile board that serves children under juvenile court jurisdiction or juvenile
board jurisdiction. The 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.
CRIlVIINAL HISTORY SEARCHES
10.01 Criminal history searches shall be conducted by Service Provider for any and all of its
employees, interns, volunteers or contractors providing services in a juvenile justice facility or
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 —August 31, 2021
juvenile justice program that may have direct unsupervised access to children in the facility or
program.
10.02 Criminal history searches shall include the following:
A. Texas criminal history fingerprint -based criminal history background search through the
Texas Department of Public Safety.
B. Local law enforcement sex offender registration records check through the Public Sex
Offender Registry on the Texas Department of Public Safety website.
C. Federal Bureau of Investigation fingerprint -based criminal history background search at
the National Crime Information Center; internet-based searches shall not be used to
conduct this background search.
10.03 A copy of the initial criminal history report required by this Agreement and any reports
reflecting subsequent criminal activity shall be maintained for monitoring purposes for
whichever of the following occurs later: duration of the individual's employment or period of
service; minimum of three (3) years, or until any pending litigation, claim, audit or review and
all questions arising there from have been resolved.
10.04 As used within this Agreement, a disqualifying criminal history is a history that includes any
one of the following-
A.
ollowing
A. A felony conviction against the laws of this state, another state, or the United States within
the past ten 10) years;
B. A deferred adjudication for a felony against the laws of this state, another state, or the
United States within the past ten (10) years;
C. A current felony deferred adjudication, probation or parole;
D. A jailable misdemeanor conviction against the laws of this state, another state, or the
United States within the past five (5) years;
E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another
state, or the United States within the past five (5) years;
F. A current jailable misdemeanor deferred adjudication, probation or parole; or
G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of
Criminal Procedure.
10.05 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.
10.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying
criminal history shall be prohibited from having direct unsupervised access to children in a
juvenile justice facility or a juvenile justice program.
10
Vol. Pg. C, D" .
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
10.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a
prior criminal history from being placed in a position that involves direct unsupervised contact
with children.
DISCLOSURE OF INFORMATION
11.01 Service Provider warrants that, prior to entering this Contract, it has verified and disclosed the
following information to Juvenile Probation, and agrees that it shall have an ongoing
affirmative duty under this Agreement to promptly ascertain and disclose' in sufficient detail
this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing authorities;
B. Any and all litigation filed against the Service Provider, or against its employees, interns,
volunteers, subcontractors, agents and/or consultants that have direct contact with
children;
C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of
the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect
and/or exploitation investigation where an employee, intern, volunteer, subcontractor,
agent and/or consultant of the Service Provider that has direct contact with juveniles was
the alleged or designated perpetrator;
E. The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with juveniles that are
registered sex offenders; and
The identity of any of the Service Provider's employees, interns, volunteers,
subcontractors, agents and/ or consultants that have direct contact with juveniles that
have a criminal history. For the purpose of this Agreement, the term "criminal history"
shall include: (1) current felony or misdemeanor probation or parole; (2) a felony
conviction or deferred adjudication within the past ten years; or (3) a jailable
misdemeanor conviction or deferred adjudication within the past five years.
11.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain
and disclose to Juvenile Probation any and all of the foregoing information as to any
individual, whether a prospective or existing employee, intern, volunteer, subcontractor,
agent and/or consultant of the Service Provider, prior to placing that individual in a position
that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile
justice program.
EQUAL OPPORTUNITY
12.01 Service Provider agrees to respect and protect the civil and legal rights of all children and
their parents. It will not unlawfully discriminate against any employee, prospective
employee, child, childcare provider, or parent on the basis of age, race, sex religion, disability
or national origin. Service Provider shall abide by all applicable federal, state and local laws
and regulations.
11
Vol. Pg. a
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020 — August 31, 2021
ASSIGNMENT & SUBCONTRACT
13.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations
arising out of this Agreement without the written consent of Juvenile Probation
OFFICIALS NOT TO BENEFIT
14.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and
no other public officials of the governing body of the locality or localities in which the project
is situated or being carried who exercise any functions or responsibilities in the project, shall
participate in any decision relating to this Agreement which affects or conflicts with his/her
personal interest or have any personal or pecuniary interest, direct or indirect, in this
Agreement or the proceeds thereof.
DEFAULT
15.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole
or any part of this Agreement, as it deems appropriate, in any one of following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement within the time
specified herein or any extension thereof; or
B. If Service Provider fails to perform any of the other material provisions of this Agreement,
including failure to achieve the defined goals, outcomes, and outputs, or so fails to
prosecute the work as to endanger the performance of this Agreement in accordance with
its terms, and
C. In either of these two circumstances after receiving notice of default, Service Provider does
not cure such failure within a period of ten (10) days.
TERMINATION
16.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the intention to
terminate; or
B. Upon expenditure of available funds.
16.02 If at 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
17.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims
or rights of its employees, agents, owners, officers, or subcontractors against Juvenile
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020—August 31, 2021
Probation. Service Provider also waives any rights it may have to indemnification from
Juvenile Probation.
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following.
A. That it has all necessary right, title, license and authority to enter into this Agreement;
B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses
and staff certifications to provide the type (s) of services being contracted for; that it is in
compliance with all statutory and regulatory requirements for the operations of its
business and that there are no taxes due and owing to the State of Texas, the County of
Victoria or any political subdivision thereof;
C. Victoria County will maintain in force policies of general liability insurance against loss to
any person or property occasioned by acts or omissions of Service Provider providing
limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance
shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified
immediately upon any changes in the status of the insurance policy and shall promptly
furnish updated certificates of insurance to Juvenile Probation
D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants
will be properly trained to report allegations or incidents of abuse, exploitation, neglect,
death or serious incidents involving a child under the supervision of Juvenile Probation in
accordance with the requirements of Texas Family Code Chapter 261 and any applicable
Texas Juvenile Justice Department administrative rules regarding abuse, neglect,
exploitation, death or serious incidents; and that, if it has employees, interns, volunteers,
subcontractors, agents and/or consultants that have contact with children in a juvenile
justice facility or juvenile justice program, then it 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
Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and
Notice to Employees Regarding Abrise, Neglect and Exploitation.
TEXAS LAW TO APPLY
19.01 This Agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Victoria
County, Texas.
19.02 Service Provider verifies that it does not boycott Israel and will not boycott Israel during
the term of this contract.
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County,
Texas.
LEGAL CONSTRUCTION
13
Vol. 3 Pg, aEl-
Victoria County Juvenile Justice Center
Residential Services Agreement
September 1, 2020—August 31, 2021
21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceable provision shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
therein.
PRIOR AGREEMENTS SUPERSEDED
22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral agreement between the parties respecting the
within subject matter.
This Contract and Agreement is executed with the declared intention of the parties that this
Contract and Agreement is a contract providing for the care of children who have committed
an act of delinquency or an act indicating a need for supervision, and payment for such care
will be made by Juvenile Probation for the children placed in the Facility by the Judge of
Brazos County having juvenile jurisdiction.
PRISON RAPE ELIMINATION ACT
23.01 Service Provider shall adopt and comply with all federal, state, county, and city laws,
ordinances, regulations and standards applicable to the provision of services described herein
and the performance of all obligations undertaken pursuant to this Contract, including the
Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard
against sexual assault of incarcerated persons, including juveniles, and addresses the
detection, elimination, prevention, and reporting of sexual assault in facilities housing adult
and juvenile offenders. [PREA §115.312(a)].
Under PREA, Service Provider shall make available to the CPO all incident -based aggregated
data reports for every allegation of sexual abuse at its facility or facilities, and all such data
may be requested by the Department of Justice from the previous calendar year no later than
June 30. [PREA §115.387(e) and (f)]
Under PREA, the Service Provider shall be subjected to annual contract monitoring by
Juvenile Probation to ensure that the Service Provider is complying with the PREA standards
[PREA §115.312(b)]. To comply with this standard the Service Provider will make available to
the CPO all incident -based aggregated sexual abuse data within 24 -hours of the allegation.
Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service
Provider available to the public via the Juvenile Probation website [PREA §115.389(b)].
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT
OF AN ORIGINAL.
IN WITNESS WHEREOF, we here unto affix our signature this day of
202
14
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Item Coversheet
Page 1 of 1
Vd-
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: CC 2020 - Right of Way
Road and Bridge NUMBER: Acquisition - Deer Park Drive -
Anthony & Reba Restivo - 0.185
acre as a Drai
DATE OF COURT MEETING:
7/7/2020
ITEM:
Acceptance of a Drainage Easement from Anthony Louis Restivo and Reba Box Restivo for
0.185 of one acre of land to be used for drainage maintenance on Deer Park Drive located
in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
06/29/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
SOURCE OF FUNDS:
56001000-80710000 Right of Way Acquisition
ATTACHMENTS:
File Name
Description Type
Right of Way
Acquisition -
Deer Park Drive
Right of Way Acquisition - Deer Park Drive - Anthony and Reba Restivo - 0.185 acre as a Drainage Easement.odf
- Anthony and Backup
Reba Restivo - Material
0.185 acre as a
Drainage
Easement
IF
APPR
Duane Peters bate
County Judge
Voi. Pg. tau
httDs://brazos.novusaizenda.com/AizendaWeb/CoverSheet.asux?ItemlD=21664 7/2/2020
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER
Deer Park Drive
Drainage Easement
THE STATE OF TEXAS § KNOW ALL MEN
§ BY THESE PRESENTS:
COUNTY OF BRAZOS §
GRANTOR(S): ANTHONY LOUIS RESTIVO and REBA BOX RESTIVO
Grantor's Mailing Address:
406 Coulter Drive
Bryan, Texas 77803-4738
GRANTEE: BRAZOS COUNTY, TEXAS
Grantee's Mailing Address:
300 East 26th Street
Bryan, Texas 77803
Consideration:
Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
Property (including any improvements):
All that certain lot, tract or parcel of land being 0.185 of one acre situated in the S. D.
SMITH SURVEY, Abstract No. 210, Brazos County, Texas and being a part of that
certain Called 24.108 acre tract as described in Deed from Anthony Louis Restivo and
Reba Box Restivo to Michael A. Restivo, Cheryl M. Budzisz, Teresa A. Reniker and
Andrea M. Lonnecker of record in Volume 12404, Page 247, Official Records of Brazos
County, Texas, said 0.185 of one acre tract being more particularly described by metes
and bounds description as shown in Exhibit "A" attached hereto and made a part hereof
for all purposes.
Page 1 of 2
Vol. "317
This easement conveyed herein is for the purpose of opening, constructing and maintaining a permanent
channel or drainage easement in, along, upon and across said premises described in Exhibit "A" together
with the right and privilege at all times of the Grantee herein, its agents, employees and representatives
of ingress and egress to and from said premises for the purpose of making any improvements,
modifications or repairs which the County deems necessary.
As a part of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or
caliche which may be excavated in the opening, construction or maintenance of said channel or drainage
easement may be removed from said premises by the County. If required, rock riprap may be installed
to prevent erosion.
TO HAVE AND TO HOLD unto the said Brazos County, Texas as aforesaid, for the purposes and on
the conditions set forth hereinabove, the premises described in said Exhibit "A".
When the context requires, singular nouns and pronouns include the plural.
Executed this a� day of , 2020.
Reba Box Restivo
Acknowledgment
State of Texas
County of. 7— O$
This instrument was acknowledged before me on by Anthony Louis
Restivo and Reba Box Restivo.
r ISABEL H ROBBM;',
3310471 Notary Public's Signature .
HotKpyCommls xon
,'I ,.'
F�Orw+y20; =t
Page 2 of 2
Vol. PQ. -la?)
1722 Broadmoor Ste. 105
CITRONG Bryan, Texas 77802
Phone: (979) 776 — 9836
URVEYING, LLC Fax: (979) 731— 0096
FIRM NO. 10093500 Email: curtis@strongsurveying.com 4
V
EXHIBIT "A"
SHEET 1 OF 2
BRAZOS COUNTY
DEER PARK DRIVE
0.185 OF ONE ACRE
DRAINAGE EASEMENT
OUT OF THE
MICHAEL A. RESTIVO ET AL
CALLED 24.108 ACRES
VOLUME 12404, PAGE 247
S. D. SMITH SURVEY, A — 210
BRAZOS COUNTY, TEXAS
JUNE 4, 2019
All that certain lot, tract or parcel of land being 0.185 of one acre situated in the S. D. SMITH SURVEY,.
Abstract No. 210, Brazos County, Texas and being a part of that certain Called 24.108 acre tract as
described in Deed from Anthony Louis Restivo and Reba Box Restivo to Michael A. Restivo, Cheryl M.
Budzisz, Teresa A. Reniker and Andrea M. Lonnecker of record In Volume 12404, Page 247, Official
Records of Brazos County, Texas, said 0.185 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2" Iron Rod with Cap set in the northwest line of said Called 24.108 acre tract for the
most westerly comer, said point being located in the (Possibly Prescriptive — No Deed Found) southeast
right-of-way line of Deer Park Drive, a 1/2" Iron Rod found for the northwest comer of said Called 24.108
acre tract bears S 78 ° 10 ' 30 " W a distance of 57.93 feet;
THENCE N 78 ' 10 ' 30 " E, along the northwest line of said Called 24.108 acre tract and the southeast
right-of-way line of said Deer Park Drive a distance of 189.13 feet to a 112" Iron Rod with Cap set for the
most easterly comer, a 112" Iron Rod found for the northeast comer of said Called 24.108 acre tract
bears N 78 " 10 ' 30 " E a distance of 679.49 feet;
THENCE S 36 ° 00' 57 " W a distance of 100.22 feet to a 1/2" Iron Rod with Cap set for angle point;
THENCE S 78 " 10' 30 " W a distance of 50.00 feet to a 1/2" Iron Rod with Cap set for angle point;
THENCE N 55 ° 46'22 " W, a distance of 93.43 feet to the PLACE OF BEGINNING AND CONTAINING
AN AREA OF 0.185 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the
ground during June, 2019 under the supervision of H. Curtis Strong, Registered Professional Land
Surveyor No. 4961 and working under Finn No. 10093500. North Orientation Is based on rotating the
northwest line of said 24.108 acre tract to Grid North NAD83 (CORS 201 "1 epoch 2010.00 State Plane
Central Zone.
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RIGHT-O&WAY
ACQUISITION AGREEMENT
Road: Deer Park Drive
Project:
01-3901
W.O. No.:
24679
Precinct:
1
We the undersigned owner(s), accept payment of $5,712.00 as compensation and full settlement for
granting of a Drainage Easement in, along, upon and across 0.185 of one acre of property located on the
above mentioned project.
P. zta
—�
Anthony Louis Restivo
Date: -- 2. t -- 20
64E &Iti
Reba Box Restivo
Date:-- C' — 2 # -- 2 Cq
Vol. k 1 pg. 131
Collecting office Name
— - - — -Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
MOORE JANE R ONE LLC
8300 DILLY SHAW TAP RD
BRYAN TX 77808-8930
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
PROPERTY DESCRIPTION
Legal: KODIAK-CUB UNIT 1H 50004292-000 HAWKWOOD ENERG/AGUILA VADO (EAGLEFORD AB 10
/COLEMAN, G H SUR .0012070000 R
Address:
Account# 415325
TAX PAYMENT INFORMATION
Name of Taxing Unit.. _ _Tax Year of Refund
2REFUND 2019
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
MOORE JANE R ONE LLC
8300 DILLY SHAW TAP RD
BRYAN TX 77808-8930
Payment Date Amount Paid Refund Amount Requested
_
01/31%20 _ 20 $71.40 $50.00 —
Sign b w d return form to the Brazos County Tax Office.
"I h eby ply for the refund of the above-described taxes and certify that the information on this form is true and correct."
1�lzz lz�
si
If y ' make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
un r Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
e tax refu is pproved ] Disapproved
Authorized Officer Signature Dat
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature Date
Fol. -
P9• tax
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
CHAMBERS VELMA
1220 EUREKA ST
BRYAN TX 77803-7416
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota iSD
PROPERTY DESCRIPTION
Legal: COTTON CLUB, LOT 13 & 20' OF 14, SER# TXFLS84A50533GH12 HUD# TEX0533173
Address: 1220 EUREKA ST ,
Account# 24642
TAX PAYMENT INFORMATION
Name of Taxing UnHL Tax Year of Refund
ZREFUND 2019
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
CHAMBERS BILLY & VELMA
1220 EUREKA ST
BRYAN TX 77803-7416
Payment Date Amount Paid • Refund Amount Requested
06/15/2020 $100.96 $23.64
Sign below and return form to the Brazos County Tax Office.
"Oereby apply fo4the refund of the above-described taxes and certify that the information on this form is true and correct."
CJ■I■J I � ' •I i'
00
D� /_1 .9,/ C�_ d SZ ate
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
e tax re d is Iv pproved ]Disapproved
t7
Authorized Officer Signature Date
If of
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature Date
Vol. Pg. ''Sr..J
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
RICHARDS JAMES W
6074 E STATE HIGHWAY 21
BRYAN TX 77808-8640
I
PROPERTY DESCRIPTION
Legal: SFA #10, BLOCK 18, LOT 86, ACRES 9.591
I Address: E-
: Account # 105190
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2019
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
RICHARDS JAMES W & DEBRA
6074 E STATE HIGHWAY 21
BRYAN TX 77808-8640
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date Amount Paid Refund Amount Requested
06/05/2020 $1029.81 $1029.81
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct."
N/ , 20_ t
If you make a false statement on this application, you could be found gulltyof a Class A misdemeanor ore state jail
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
The t x re d is pprd [ ]Disapproved
Authorized Officer Signature Date
Authorized Officer of taxing unit for refund applications over amount required under Section M11 Tax Code
Authorized Officer Signature Date
Vol, �.3. 17 pg.Y-54-
APS %[CAT!Gj F_ORtTAX REFUND
Collecting Office Nome
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930.
OWNER'S NAME AND ADDRESS
WALKER JOHN HENRY & VIOLA
1902 CALVIN CIR
BRYAN TX 77803-3481
PROPERTY DESCRIPTION
Legal: EAST PARK, BLOCK 8, LOT 2
Address: 1902 CALVIN CIR ,
Account# 26483 _
—TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
2REFUND 2019
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
WALKER JOHN HENRY & VIOLA
1902 CALVIN CIR
BRYAN TX 77803-3481
Collecting Tax for: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
Payment Date Amount Paid Refund Amount Requested
08117/2020 $827.14 $438.82
Sign below and return form to the Brazos County Tax office.
°I hereby apply for the refund of the above-described taxes and certify that the Information on this form is true and correct."
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMMATION
Tf Ztaxre d is [ Appro [ ]Disapproved
-% /..2
Authorized Officer Signature Date��
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature Date
Vol. Pg.
APPLICATION FOR TAX REFUND
Collecting Office Name Collecting Tox for: (taxing entities)
Brazos County Tax Office Brazos County, City of Bryan, City of College Station
4151 County Park Court Bryan ISD, College Station ISD, F1, F2, F3, F4,
Bryan, Texas 77802 Ph. 979-775-9930 City of Kurten, Navasota ISD
OWNER'S NAME AND ADDRESS
JEFFREY TYKESHA
6862 W STATE HIGHWAY 21
BRYAN TX 77807-4924
PROPERTY DESCRIPTION
_Legal_A003300, T F M_CKINNEY(OCL), TRACT 90, FAIRVIEW COMMUNITY
Address: 6862W SH -21
Account# 12619
TAX.PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid
ZREFUND 2019 06/09/2020 $66.78
P •
Taxpayer's reason for refund: OP -Overpayment
REFLINDTO•
JEFFREY TYKESHA
6862 W STATE HIGHWAY 21 -
BRYAN TX 77807-4924
Refund Amount Requested
$66.78
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the. refund of the above-described taxes and certify that the information an this form is true and correct."
If you. make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state Jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
ih tax re d is ( pprav ( ]Disapproved
T U
Authorized Officer Signature- Date
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature
Date
Vol. Pg.
tAPPw* ATION-FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
SANCHEZ EMILIO '
300 W DUNCAN ST
BRYAN TX 77801-1317
coilecting Tox for: (taxing entities)
Brazds,County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
PROPERTY DESCRIPTION
Legal: BEASON, BLOCKS, LOT 1-2 (E PTS OF), SER# 34CO27M HUD#TXS0600762
i. -Address: 300-W-D.UNGANST_ ; :• -
--- , --Account-#-17773- - - — - -- - - - - ---- —
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2019
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
SANCHEZ EMILIO
300 W DUNCAN ST
BRYAN TX 77801-1317
Payment Date Amount Paid Refund Amount Requested
05/24/2020 $672.34 $11.71
Sign below and return form to the Brazos County Tax Office.
"1 hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct."
--
2 - G - 2 d
8�fre a MIN.,
, a -_--•
if you make a fa{se•statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10. -
TAX REFUND DETERMINATION
The x re fs [ pprbve ]Disapproved �y
Authorized Officer Signature- - Date
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature
Date
-_pg. -lam
APPLICATION FOR TAX REFUND
Collecting Office Name
Brazos County Tax Office
4151 County Park Court
Bryan, Texas 77802 Ph. 979-775-9930
OWNER'S NAME AND ADDRESS
BRYAN TEXAS MHC-OAKWOOD MHC
% NODEL PARKS
38505 WOODWARD AVE
275
BLOOMFIELD HILLS MI 48304
collecting Toxfor: (taxing entities)
Brazos County, City of Bryan, City of College Station
Bryan ISD, College Station ISD, F1, F2, F3, F4,
City of Kurten, Navasota ISD
PROPERTY DESCRIPTION
Legal: OAKWOOD MHC, SPACE 163, SER# CLW006497TX, HUD# HWCO227543
Address: 920 CLEAR LEAF (PVT) DR 163,
Account# 338872
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund
ZREFUND 2019
Taxpayer's reason for refund: OP -Overpayment
REFUND TO:
LOPEZJESUS
PO BOX 5121
BRYAN TX 77805
Payment Date Amount Paid Refund Amount Requested
06/16/2020 $244.55 $11.58
Sign below and return form to the Brazos County Tax Office.
"I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct."
�e bafe
If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony
under Texas Penal Code Section 37.10.
TAX REFUND DETERMINATION
Th ax Z
Authorized Officer Signature Date O
Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature
Date
VOI.. 317 Pg. 2::i$.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR
NO. 19/20 40.1— 40.4
On this the 7th day of July 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. Chuck Konderla, 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 7th day of July 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 7th day of July 2020.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
—,L�
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. 317- pg, \229
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 40.1
7nron.3n
FUND DEPARTMENT
DIVISION CATEGORY DESCRIPTION
Increase Decrease
General Fund Commissioners' Court
Contin genc Departmental Support
3.856.96
General Fund Budget Office
Departmental Support
1,457.96
General Fund $ud get Office
Minor Acquisitions
639.00
Geneml Fund Budget Office
Professional Services
1.760.00
11001500
61130000
CR
Contingenev
3,856.96
01000
10500000
60500000
DR
Equipment & 1T Enhancement
1,457.96
01000
10500000
67281000
DR
Equipment - Electronic
639.00
01000
10500000
72590000
DR
Professional Fees
1.760.00
Commissioners' Court and Budget Office
Reallocation of funds to the appropriate department's account to upgrade the computer and sound equipment in the Budget Conference Room.
Department_ Pproyal
vol. l r7 Pg.
4w -srr=aM`_° ,K,
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
01000
11001500
61130000
CR
Contingenev
3,856.96
01000
10500000
60500000
DR
Equipment & 1T Enhancement
1,457.96
01000
10500000
67281000
DR
Equipment - Electronic
639.00
01000
10500000
72590000
DR
Professional Fees
1.760.00
vol. l r7 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 40.2
7712020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund County Auditor Departmental Su ort 3,292.00
General Fund CountyAudiror blinorAcquisitions 3.292.00
County Auditor
Reallocation of funds to the appropriate deuartrnenfs account to purchase computer equipment for the Counry Auditor's conference room.
o
Department Ap o_val; -!LL-.u:'
u
Vol. 312 pg. 1� �
FUND
DIV
ACCT
DR1CR
ACCOUNT NAME
Increase Decrease
01000
16000100
61301000
CR
Travel
3.292.00
01000
16000100
67203000 I
DR
Nfinor Computer Hardware
3,292.00
Vol. 312 pg. 1� �
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 40.3
W712n2n
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Slter[ITAdministration Jail Re air&Ntaint 3,350.00
General Fund Sheriff Administration Jail Minor Acquisitions 3,350.00
Sheriff Administration - Jail
Reallocation of funds to the appropriate department's account to purchase replacement equipment for the Jail kitchen.
_ s
nnA;
2020;
Cuertment f -t
County JuBge Approval- . -._ _„Date.;:;,,..`, . !21&
I'ur..aecouiifin�Pu�
.o4cs.Onl r ,'
.R u .�` �:.x_:• .ru?afii}u, '*e
<:==1 > x.-Fakti' �s_��.5,'p rw.�,�r:,€a�.��:��s`�'Sw�',�,,�',z��"�#,�'�§.'�k� ���� `��Ybr�f>
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase Decrease
01000
28002000
65050000
CR
Building1%Iaint 3,350.00
01000
28002000
67286000
DR
Equipment - Other 3,350.00
Vol. 3X7 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 40.4
7rrntnn
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
County Records
Management
Fund Records Management Departmental Support 11.000.00
County Records
Management
Fund Records hlanaaement Minor Acquisitions 11,000.00
Records Management
Reallocation of funds to the appropriate department's account to purchase scanners.
nn I
.Department App77
t
.•:;
7%7:d
,County Ju�efpprov_al.,._,
vol. 31 p9•
FUND
DIV ACCT
DR/CR
ACCOUNT NAME
Increase
Decrease
1900
50000100 60500000
CR
Equipment & IT Enhancement
11,000.00
1900
50000100 67203000
DR
Minor Computer Hardware
11.000.00
vol. 31 p9•
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date:7/7/2020
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
Expo Center
Juvenile -Detention
Road & Bridge
Sheriffs Office —Admin
Albert, Emily
Stolte, Shelby
Brown, Noah
Gentry, Tasia A.
Hurst, Phillip
Helm, Randy
Jackson, Edward
Garon, Stephen
Overton, Amanda
Approved in Commissioners' Court: 71712020:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Separation
Change of Status
Separation
Separation
Separation
Employment
Employment
Change of Status
Change of Status
Vol. 31 1
Pg.